DEX Trading In-App Terms of Service

Last Updated: 14 October 2026

1. Overview

1.1 This In-App Wallet Ecosystem Terms of Service (this "Agreement" or these “Terms”) constitutes an agreement between you (“User” or “you”) and OKX Technology Inc. (“we”, “us”, “our” or “OKX”), and any of our affiliates, regarding your set up and use of the OKX Passkey Wallet to access services in the OKX Web 3 Platform (collectively, the “Services”).

1.2 Your Exchange Account is excluded from these Terms. Your Exchange Account, and any hosted or custodial account or order-book trading you maintain with the OKX Exchange Platform or any other OKX entity, is governed by separate terms and does not form part of these Terms, including where funds in your Exchange Account are used in connection with the Services. These Terms govern only the Services.

1.3 By using our Services, you confirm that you have read, understood, and accepted this Agreement, any documents referenced herein, the Terms of Service, our OKX Web3 Privacy Notice, and any and all other rules or policies (collectively, the "Terms"), and you shall be legally bound by any and all of the Terms regardless of your location, nationality, and/or Service(s) used. If you do not agree to be bound by the Terms, please do not access or use the Services.

2. Key Definitions and Rules of Interpretation

2.1 Key Definitions. Below are some key definitions that are applicable throughout these Terms:

• “Applicable Laws” include any applicable common and civil law, principles of equity, and laws made by any government, relevant authority, or judicial body, including but not limited to any regulations, rules, court judgments, decrees, directives, policies, circulars, codes, guidelines or any other instruments (whether they have the force of law or not), and any amendments, replacements, modifications, consolidations, or re-enactments of any of the forementioned.

• "Atomic Transaction" is a fundamental concept in blockchain where a transaction is executed as a single, indivisible unit. The transaction either completes entirely with all operations successful or fails completely with no operations executed, and no intermediate states are possible.

• "API" means application programming interface.

• “Content” includes any text, images, music, software, data, audio, video, works of authorship, information, and any other materials that are generated, provided or otherwise made available through the Services. Content includes all User Content (as defined below) without any limitations.

• “DApps” means decentralized applications, which are applications that operate on a blockchain or peer-to-peer network of computers and may operate autonomously.

• "DEXs" or "Decentralized Exchanges" mean third-party peer-to-peer platforms or liquidity pools operating on a blockchain that facilitate the trading of Digital Assets directly between users through automated protocols, such as smart contracts, without a central intermediary retaining custody of the users' assets. For the purpose of the Terms, the definition shall also include third-party bridges, which allow users to swap Digital Assets from one blockchain to another blockchain. Examples of DEXs include Uniswap and SushiSwap.

• "DEX Aggregator" means Third Party Platform and protocols that aggregate and source liquidity from various DEXs to find the most optimal trading paths and prices for a given trade of Digital Assets.

• “Digital Asset” means any digital asset (also called “convertible virtual currency,” “virtual asset,” “cryptocurrency,” or “digital goods”), which is based on the cryptographic protocol of a computer network that may be (a) centralized or decentralized, (b) closed or open-source, and (c) used as a medium of exchange and/or store of value. Furthermore, a Digital Asset is expressed as a unit capable of being transferred, stored and traded on a peer-to-peer basis with or without conditions or limitations. For the avoidance of doubt, any Digital Asset that: (i) is transferred on any additional layer on top of a blockchain relating to another Digital Asset or any side chain; or (ii) is a derivative of another Digital Asset, has enhanced features or functionality that supplements or interacts with another Digital Asset is to be treated as a distinct Digital Asset from such other Digital Asset. Digital Assets also include NFTs and other digital collectibles.

• “Disputes” include but are not limited to any dispute, controversy, difference or claim arising out of or relating to these Terms and the Services, including the existence, validity, interpretation, performance, breach or termination thereof (including whether such controversy or claim is arbitrable) or any dispute regarding non-contractual obligations arising out of or relating to these Terms and the Services.

• "Exchange Account" means an account opened and maintained on the OKX Exchange Platform for the User to trade on the OKX Exchange Platform, including any Digital Asset sub-account that reflects a User’s Digital Asset balance. In the context of these Terms, "Your Account" means your Exchange Account and/or any account with us for which you have control or access to, or if you are a representative, attorney or for which you hold a similar authority or role.

• “Force Majeure” includes any event that is beyond OKX’s control and prevents us or delays us from fully performing our obligations under these Terms, including but not limited to: (a) natural disasters and/or acts of God, such as earthquakes, fires, cyclones, explosions, typhoons, floods, monsoons, landslides, lightning, storms, tempests, pandemics, droughts or meteors; (b) acts of war, whether declared or undeclared, including invasion, act of a foreign enemy, hostilities between nations, civil insurrection, or militarily usurped power; and acts of terrorism; (c) civil disorder, such as acts of a public enemy, malicious damage, terrorism, sabotage, or civil unrest; (d) embargoes or sanctions (such as confiscation, nationalization, requisition, expropriation, prohibition, restraint or damage to property by or under the order of any government or governmental authority; (e) unnatural disasters, such as ionizing radiation or contamination by radioactivity from any nuclear waste or from combustion of nuclear fuel; (f) labor disputes, including strikes, blockades, lock-outs, or other industrial disputes; (g) failure of telecommunication outlets, including the internet, communications networks and facilities, or other infrastructure, systems, operations or of equipment relevant to the provision or use of the Platform and/or Services; (h) data breaches or data-processing failure or incomplete processing; (i) changes in laws or regulations that may materially affect the digital assets and/or blockchain industries; (j) significant market volatility; (k) failure of equipment and/or software; and/or (l) acts of civil or military authorities.

• “Losses” include but are not limited to any and all incidental, direct, indirect, general, special, punitive, exemplary, or consequential damages, as well as any loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction, and any and all other commercial and non-commercial losses, including without limitation, all interest, assessments, and other charges paid or payable in connection with or with respect to any of the foregoing of any kind.

• "NFTs" or "Non-fungible Tokens" means unique, non-interchangeable Digital Assets, which cannot be directly replaced by another token of the same type. It includes, without limitation, ordinals, digital collectibles, tickets and club memberships.

• "OKX Exchange Platform" means the online centralized exchange platform accessed either at okx.com (http://okx.com/), or via API or mobile application.

• “OKX Passkey Wallet” means a self-custodial, account abstraction wallet where the User maintains full and complete control over their Private Key and thus, their Digital Assets.

• “OKX Passkey Wallet Address” means the public address for receiving and sending Digital Assets.

• “OKX Wallet Software” means software in the form of a user interface, that the User uses to view and instruct the Digital Assets in their Passkey Wallet. OKX Wallet Software has no access to Private Keys and only helps to transmit the user's instructions to the blockchain.

• "OKX Web3 Platform" means the entire decentralized ecosystem of OKX website, mobile applications, platforms, and any other applications that offer the Services.

• “Password” means the password, including keys, certificates, passwords, access codes, user IDs, API Key or other credentials and login information (collectively "Passwords") a User may set during the process of creating an Exchange Account or OKX Passkey Wallet.

• “Personal Data” means any information relating to an identified or identifiable natural person, such as a name, an identification number, location data, an online identifier, or one or more factors specific to the physical, economic, cultural, or social identity of you. It may also include network information regarding transactions, such as but not limited to, the type of device that you use, access times, hardware models, operating systems and versions, and other unique device identifiers; information about potential plug-ins you may use, such as but not limited to those related to the management of cryptocurrency assets and any information provided by them; your email and wallet addresses; and any other interactions with our Services and other related information that passes through our Services and/or other related blockchain technologies.

• “Platform” means the OKX Exchange Platform and the OKX Web3 Platform.

• “Private Key” means the cryptographic string of characters (numbers and letters) that grants access and control over the Digital Assets held within the User's OKX Passkey Wallet and is required by the User to sign transactions using his OKX Passkey Wallet.

• “Public Key” means the public key generated by one-way derivation of the Private Key through cryptographic principles and systems. The Public Key is generally used to generate the OKX Passkey Wallet Address on the blockchain.

• “Restricted Location" or "Prohibited Jurisdiction" mean any location through which OKX does not offer the Services, including but may not be limited to, Bangladesh, Bolivia, Cuba, Iran, North Korea, and Syria, the Crimea, Donetsk and Luhansk regions of Ukraine, or any other country or region subject to Singapore, European Union, United Kingdom or United States embargo or sanctions, or designated to be high risk or non-cooperative with international anti-money laundering principles or procedures by an intergovernmental group or organization, such as the Financial Action Task Force on Money Laundering.

• "Restricted Person" means any person or entity (a) who is citizen, resident, located or organized in, or receiving funds from or through a Restricted Location, or (b) who is the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including but not limited to the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury)

• "SDK" means software development kits

• “Taxes” include any and all taxes, levies, stamps, charges, imposts, and duties imposed by any governmental authority as well as any related interest, penalties, fines and expenses in connection with them.

• "TEE" means trusted execution environment, as further described in Clause 7.8.

• "TEE Provider" shall have meaning ascribed to it in Clause 7.8.

• “Third Party Blockchain” means blockchains operated by third parties, and supported by OKX and its Services.

• “Third Party Platforms” mean other platforms owned, controlled, or operated by third parties and includes third-party websites, third-party applications, and third-party materials . OKX does not have any control of these platforms and also does not endorse any product, service information, or disclaimer they provide, nor does OKX guarantee the accuracy of the third-party platform’s information.

• “User Content” means any Content that Users make available through the Services.

• "UI" or "User Interface" means the graphical, visual, and interactive elements of the software through which a User interacts with the software. This includes, but is not limited to, screens, pages, controls (such as buttons, icons, checkboxes, and text fields), layouts, typography, color schemes, and all other visual and interactive components presented to the End-User for the purpose of inputting information, receiving output, and navigating the functionalities of the software.

2.2 Rules of Interpretation. Unless the contrary intention is explicitly indicated, the Terms shall be construed and interpreted as follows:

• Titles, headings and sub-headings are for convenience only and shall be ignored in construing this Agreement.

• Any reference to a Digital Asset includes any part or fraction thereof.

• Any reference to anything, including an amount, is a reference to the whole and each part of it.

• Any labels or words that are used for definitions are for convenience only and do not affect the interpretation of the definition.

• Any document, including these Terms, includes any amendment, variation, or replacement of that document.

• Any reference to a document includes any ancillary documents or any agreements or other legally enforceable understanding created by that or under that document.

• Any clause, part, annex, or schedule is a reference to a clause in, part of, or annex or schedule to these Terms.

• Any statute, ordinance, code, or other law includes regulations and any other instrument(s) under it, as well as amendments, reenactments, consolidations, or replacements of any of the aforementioned.

• The singular includes the plural and vice versa.

• The word “person” includes an individual, firm, corporate body, partnership, joint venture, unincorporated body or association, or any governmental authority.

• A particular person includes a reference to that person’s executors, administrators, successors, substitutes, and assignees.

• An agreement, representation, or warranty in favor of two or more persons is for the benefit of them jointly and each as an individual.

• An agreement, representation, or warranty by two or more persons is binding upon them jointly and each as an individual.

• A group of persons or things is a reference to any two or more of them jointly as well as to each as an individual.

• A period of time dating from a particular day or the day of an act or event is to be calculated inclusive of that day.

• The words “include”, “including”, “for example” or “such as” when introducing an example does not limit the meaning of the words to which the example relates to that example or examples of a similar kind.

• A reference to “law” includes common law, principles of equity, and legislation (such as but not limited to regulations, rules, bylaws, ordinances, orders, and proclamations) and includes any amendments, re-enactments, consolidations, or replacements of any of the forementioned.

• A reference to “regulation” includes legislation and instruments of a legislative character under legislation (such as but not limited to regulations, rules, bylaws, ordinances, orders, directives, and proclamations) as well as instruments or orders or endorsed by relevant governmental or regulatory authorities as well as any licensing, registration, or approval requirements under any of the forementioned.

• A reference to “in writing” means in legible form and capable of reproduction on paper, and includes electronic communication.

• A reference to “material” includes the ability to affect the outcome of a decision or application.

• A reference to “property” or “asset” includes any present or future, real or personal, tangible or intangible property, asset, or undertaking as well as any right, interest or benefit under or arising from it.

• Anything, including any amount or Service, includes each part and/or feature of it.

• Any references to “you” or “your” refers to the person agreeing to these Terms, and where the context permits, includes any authorized individuals of that person.

3. Our Services

3.1 The Services allow you to set up an OKX Passkey Wallet to access Services on the OKX Web 3 Platform. These Services may include but are not limited to:

• OKX Passkey Wallet - Digital Wallet Software which provides a UI for the User to manage his Digital Wallet and create new Digital Wallets. Using this UI, the User may view and instruct the Digital Assets (on Ethereum and other supported Third Party Blockchains) in their Digital Wallet and connect their Digital Wallet to Third Party Platforms such as DApps and DEXs. Additional services also may include Digital Asset security management services, display of Digital Asset exchange rate and transaction information, and technical services to ensure the normal operation of the OKX Web3 Ecosystem. The OKX Passkey Wallet User Agreement is incorporated by reference into these Terms.

• OKX Web3 DEX Interface - a suite of UI and software that connects to open-source smart contracts, DEXs, and DEX Aggregators, which allows you to discover and execute transaction routes for the Digital Asset pairs that you wish to swap on DEXs. The OKX Web3 DEX Interface User Agreement is incorporated by reference into these Terms.

• Outcomes Campaign - a free-to-play campaign that occurs on a periodic basis on the OKX Web 3 Platform. The OKX Outcomes League User Agreement is incorporated by reference into these Terms.

3.2 All Digital Assets purchased via the OKX Web3 DEX Interface will be transferred back to your OKX Passkey Wallet and will remain in your OKX Passkey Wallet.

3.3 You are not permitted to initiate any direct deposits into your OKX Passkey Wallet or any withdrawals from your OKX Passkey Wallet to/from any other onchain addresses. In the event you initiate onchain deposits directly into the OKX Passkey Wallet, you will not be able to access such onchain deposits as well as all Digital Assets of the same type as such onchain deposits (whether such Digital Assets were purchased via the OKX Web3 DEX Interface or otherwise). In such an event, you may elect to release your OKX Passkey Wallet from the OKX Wallet Software. Upon release, you will be able to deposit and withdraw Digital Assets through any compatible wallet software. You bear any and all Losses, inaccessibility, fees and Taxes resulting from any deposit or attempted deposit of Digital Assets into your OKX Passkey Wallet from any external source, and OKX has no duty to locate, recover, or enable access to such Digital Assets.

3.4 If you obtain, via the OKX Web3 DEX Interface, a Digital Asset that is not supported by the OKX Exchange Platform, you will not be permitted to transfer such Digital Asset from your OKX Passkey Wallet to your Exchange Account.

3.5 OKX does not safeguard, insure, guarantee, or backstop any balance in your OKX Passkey Wallet (including any Digital Assets that the Services do not display), and OKX does not warrant compatibility with any upgrades, forks, bridges, wrappers, or look-alike tickers.

3.6 Each Exchange Account can only create one OKX Passkey Wallet. Sub-accounts created under a main Exchange Account cannot create additional Passkey Wallet(s).

3.7 Once you agree to create an OKX Passkey Wallet using the OKX Wallet Software, you also agree to the Terms and shall be bound by the Terms. You shall bear any and all consequences and liabilities as a result, and OKX reserves the right to hold you fully accountable for such actions. Additionally, as OKX may not access your OKX Passkey Wallet, OKX is not responsible, and you are responsible, for any transactions executed by or involving your OKX Passkey Wallet.

3.8 Transaction times for the creation, trade, sending, receipt, and exchange of Digital Assets by using the Services will depend on actual blockchain network confirmation time of that particular blockchain. On-chain transactions are irreversible once confirmed. Once submitted to a blockchain network, a transaction will remain pending until it is confirmed by that network, and a transaction is not complete while it is pending; transactions may remain pending or fail. OKX does not guarantee the confirmation, speed, or outcome of any on-chain transaction.

3.9 You agree that you shall use the Services for legitimate purposes only, and you shall not have the intention of using the Services as a medium of non-compliance to Applicable Laws. You agree to abide by the Terms, all rules, terms, and any other notices or relevant agreements published and updated by OKX from time to time, including but not limited to announcements, procedural instructions, risk disclosures, and other rules and terms.

3.10 The OKX Wallet Software has various decentralized characteristics of blockchain technology. These decentralized services are different from banking financial institutions. You understand and accept that OKX is not responsible for the following, including but not limited to storage of your Private Key; retrieval of your Private Key; freezing of your OKX Passkey Wallet; reports of lost OKX Passkey Wallet; restoration of your OKX Passkey Wallet or any other actions required to maintain or access your OKX Passkey Wallet.

3.11 The Digital Assets or Third Party Platforms that appear on our OKX Web3 DEX Interface's featured listings is determined by various factors, including but not limited to their ranking on industry-recognized Digital Asset data analysis platforms, their performance on the Services, and OKX’s policies regarding the featured listings. You understand and accept that we do not endorse or promote any Digital Assets or Third Party Platforms through any of the featured listings. Campaigns from Third Party Platforms are solely the responsibility of Third Party Platforms and OKX does not endorse, guarantee the performance of, and is not a party to such campaigns. We have the right to add, change, update or remove any Digital Assets or Third Party Platforms from any of the featured listings or the Services at our sole discretion.

3.12 You agree and accept that the OKX Wallet Software, OKX Web3 DEX Interface, and/or our Service is an early version of the product and not yet fully audited. OKX is not responsible for any Losses you may experience, nor is OKX under any obligation to compensate or indemnify any lost Digital Assets to you.

3.13 OKX reserves the right to refuse the Services to any User at any time for any reason, including but not limited to any breach of Clause 3.11 herein, and shall not be liable for Losses as a result of such refusal of Services.

4. Fees

4.1 Gas Fees. During the course of your access and use of the Services, you may incur various gas fees. Gas fees generated on any Third-Party Platform under the Services will be borne and paid by you.

4.2 Third Party Protocol Fees. There may also be other third-party protocol fees that arise during your access and use of the Services, including but not limited to your transfer of Digital Assets. You are solely responsible for paying any and all of these third-party protocol fees that may arise. Gas fees and third-party protocol fees are not charged by, nor paid to, OKX.

4.3 Service Fees. OKX reserves the right to charge you fees for providing the Services to you ("Service Fees"). In the event OKX charges Service Fees, you agree to pay all applicable Service Fees for accessing and/or using the Services and shall instruct and/or approve your OKX Passkey Wallet to transfer such Service Fees to any Wallet Address designated by OKX ("Payment Instructions"). The Service Fees may be a percentage of any transactions you broadcast to the blockchain using the OKX Wallet Software and the Payment Instructions may be included in the transaction instructions you approve and broadcast using the OKX Wallet Software. Any Service Fees schedule shall be published on the OKX Web3 Platform from time to time, and OKX reserves the right to update such fee schedules, if any, in its sole and absolute discretion.

4.4 Sharer Fees. If you choose to store a Sharer's Shared Digital Wallet Address in your Wallet Software, you will directly pay a percentage of any transactions you make on DEXs using the DEX Interface to the Shared Digital Wallet Address. This payment to the Sharer may be included in the Proposed Route calculated by the DEX Interface, and shall be disclosed to you when you initiate such transactions. You are solely responsible for paying any such fees to the Sharer.

5. Ownership Rights

5.1 General. The Services may provide software services to help Users interact with a variety of Third Party Platforms.

5.2 Limited Right to Use. OKX does not claim any ownership rights in any content that you provide to be made available through the Services (“User Content”). You agree that you own and have all rights, title and interest, including all intellectual property rights and interests, in any User Content you provide to us. You hereby grant OKX a worldwide and royalty-free license to use, copy and display any User Content that you upload, submit, store and/or send on or through your access and/or use of the Services (which may include any extension regarding creation or use that you may have agreed to).

5.3 Open-Source Software. The Services may include or partly rely on open-source software and open-source smart contracts ("Open-Source Software") not owned or deployed by OKX, which Users can connect to through the Services. The Open-Source Software is not subject to the terms and conditions of this Clause 5. Instead, each item of Open-Source Software is licensed under the terms of their applicable licenses that accompany such Open-Source Software.

6. Risk Disclosure

6.1 General. Digital Asset transactions involve significant risk. The use of our Services also involves risks. In this section, we set out a non-exhaustive list of some of the risks below. These risks, as well as additional risks arising from now or in the future can be substantial and potentially devastating. You should therefore carefully consider whether using any of our Services is suitable for you in light of your financial condition prior to commencing your use. You must also seek professional advice regarding your particular financial condition prior to commencing your use of our Services. Finally, please ensure that you review the latest version of these Terms as they may change from time to time.

6.2 Digital Asset Risks. Digital Asset prices may fluctuate significantly at any given moment for any reason, moving up or down and even becoming valueless. The likelihood of Losses is just as likely as profits incurred from the trading of Digital Assets. Due to these price fluctuations, you may gain or lose value in your Digital Assets at any given moment.

6.2.1 Digital Assets Are Not Legal Tender. Digital Assets are generally not considered legal tender. They may not be backed by any physical assets and may not be backed, guaranteed, or supported by any government or centralized authority. Digital Assets may not have intrinsic value either, and their circulation may be limited and restricted.

6.2.2 High-Risk Asset Class. Digital Assets are generally considered a high-risk asset class and may or may not be considered securities under certain jurisdictions. You must therefore exercise prudent judgment when trading Digital Assets (as well as any other assets).

6.2.3 Complex Nature. The nature of Digital Assets may be very complex, and their terms, features, and/or risks may not be readily or fully understood due to the complex structure, novelty, and reliance on technological features.

6.2.4 Value Fluctuation and Price Volatility. The value of Digital Assets may fluctuate significantly over a short period of time. Price volatility and unpredictable fluctuations may result in significant Losses over a short period of time.

6.2.5 Various Factors for Loss of Value. Any Digital Asset may decrease in value or lose all value in a short period of time or permanently due to various factors, including but not limited to, government or regulatory activity, the discovery of wrongful or illegal conduct, market manipulation, price distortion, insider dealing, market distortion, malicious wrongdoing or behaviours, changes to the Digital Asset’s nature or characteristics, suspension or cessation of support for a Digital Asset by other exchanges or service providers, public opinion, or other factors outside our control, technical advancements, and macroeconomic and political factors.

6.3 Trading on DApps. There is no assurance that our trading market for Digital Assets will be orderly and stable. Any Digital Asset or trading position may be subject to large swings in value and may even become worthless.

6.3.1 Conversion Risks. If you convert Digital Assets following the execution of an order or where an order is denominated in a particular Digital Asset other than your primary reference asset, there is a risk that, if the markets move against your position, then upon maturity or any earlier, the net proceeds may be significantly less than the initial amount in your primary reference asset, and any income or gains may be entirely negated.

6.3.2 No Deposits. The Digital Assets that are held by any Third Party Platform or other service providers are not “deposits” nor are they intended to be held as any other regulated product or service under Applicable Laws.

6.3.3 No Statutory or Regulatory Protection. In comparison to other types of assets, including fiat currencies and securities, any Digital Asset transactions may not be subject to a right to claim under any investor compensation fund established by any government or regulatory authority; furthermore, Digital Assets held by any Third Party Platform or other service providers may not be protected deposits, and may not be protected by any deposit protection scheme in any relevant jurisdiction. Thus, Digital Assets may have a reduced level and type of protection compared to fiat currencies, securities, and other asset classes and types.

6.3.4 Commissions and Fees. During the course of using our Services, you may be subject to various fees that may or may not arise directly from OKX. Prior to making any transactions, you must obtain details and a full understanding of all commissions, fees, and costs for which you may be liable. If any of these fees are not clear to you, you must request clarification of what fees will be applicable in specific monetary terms before using our Services or entering into any transactions. OKX may publish any fee schedule on the Platform and update it in its sole discretion from time to time.

6.3.5 Authorized Access to Your OKX Passkey Wallet. Providing any other person access to your OKX Passkey Wallet involves risk. You must take all necessary steps to ensure that any person you provide access to are appropriate and legal. You must also adopt controls and protocols relating to your OKX Passkey Wallet as you see fit in order to monitor the activities of such persons in order to ensure that they remain appropriate and legal in their capacity.

6.3.6 Digital Assets May be Subject to International Laws. Please note that Digital Assets received or held by us may be subject to other Applicable Laws of international jurisdictions beyond your country of residence and/or citizenship.

6.3.7 Designated Persons Risks. There are substantial risks when allowing another person to trade or operate your OKX Passkey Wallet, and it is possible that any instructions you provide are not properly authorized or executed. You accept all risks of such operation and fully and irrevocably release OKX from any and all liability arising out of or in connection with all the aforementioned.

6.3.8 Potential Destabilizing Network Events. Under certain circumstances or situations, it may be difficult or even impossible to liquidate a position in Digital Assets. Certain events that occur on the network may occur rapidly and affect the ability to conduct transactions on any DApp’s platform. Information relating to these network events may be difficult to predict or ascertain beforehand and may be subject to limited oversight by any third party who may be capable of intervening in order to stabilize the network.

6.3.9 Irreversible Nature of Transactions. Digital Asset transfers are irreversible. Thus, accidental or fraudulent transactions with respect to Digital Assets may not be recoverable. You must therefore exercise caution when making any Digital Asset transfers and are solely liable for any Losses that may arise.

6.3.10 Timing-Related Risks. An order made on or via the Services is binding upon completion of the steps described in these Terms. An order will not be reversed unless otherwise provided in these Terms. There is a risk that the final binding order does not occur simultaneously along with your instructions. Thus, you may suffer Losses due to the fact that an order is not carried out at the desired time.

6.3.11 Unauthorized Access. You accept there is a genuine risk that unauthorized third parties may access your OKX Passkey Wallet and make transactions without your knowledge or authorization, whether by obtaining control over a device you use or by other methods.

6.3.12 Materials May Not Be Up to Date. OKX is not obliged to provide any adaptations, enhancements and/or modifications to the materials and information provided on the Platform. This means, for example, that you may have an out-of-date version of the App, and new features may not be incorporated to the version of the App you use. It is your responsibility to ensure you update and download applicable updates and versions.

6.3.13 Unjust Enrichment and Clawbacks. In the event you are unjustly enriched for any reason, you may be contacted by OKX or the Third Party Platform to recover the gains. You agree to fully and effectively cooperate; otherwise, we will take actions, including but not limited to, placing restrictions on your access to the Services, initiating prosecution against you in a court with competent jurisdiction and other measures of recourse. If the event that you do not cooperate, you may also bear all recourse costs. Where applicable and possible, we may trigger a clawback of the funds paid to you as result of the unjust enrichment.

6.4 Cyber Security and Technology-Related Risks. Trading Digital Assets involves various cyber security and technology-related risks and your use of our Services is an acceptance of those risks. Below is a non-exhaustive list of various risks that you may encounter when using our Services.

6.4.1 Forks and Attacks. Digital Assets may be subject to forks or attacks on the security, integrity, and/or operation of the networks, including any network events, as mentioned above. These events may affect features, functionality, operations, use or other properties of any Digital Asset, network and/or platform. These events may also severely impact the price or value of any Digital Assets, and may even result in the shutdown of a network or platform associated with the Digital Asset, whether a DApp or not. These events are beyond OKX’s control. Even if OKX has any ability to impact such event, OKX’s decision or actions may not be in your best interests.

6.4.2 Cyber Attacks and Fraudulent Activity. Relying on Service technology via the Internet exposes you to an increased risk of fraud or cyber-attack. Digital Assets, your OKX Passkey Wallet, the Services, communication methods, or any other part of the Platform may be targeted by malicious persons or individuals who may attempt to disrupt the Platform, an order, or even steal Digital Assets. This includes but is not limited to the following:

• Malware;

• Hacking;

• Phishing;

• Double spending;

• Smurfing;

• Spoofing;

• Sybil attacks;

• Social engineering;

• Majority-mining, consensus-based or other mining attacks;

• Misinformation campaigns;

• Distributed denial of service; and

• Blockchain fork.

Digital Assets, your OKX Passkey Wallet, our Services, communication mediums, or any other part of the Platform may also have vulnerabilities that may be exploited, as well as vulnerabilities in smart contracts and other code, and even be due to or arising from human error.

6.4.3 Targeting by Malicious Persons or Individuals. Malicious persons or individuals may target you and attempt to steal any Digital Assets you may hold, or claim any Digital Asset that you may have purchased. This may involve a variety of creative tactics, including the unauthorized access to your OKX Passkey Wallet, your Private Keys, your addresses, any Passwords, your email or social media accounts, your log-in access details or access method for your OKX Passkey Wallet, as well as unauthorized access to your computer, smartphone and any other devices that you may use. This may also involve individualized contact by a third party who you may or may not know whereby that third party attempts to convince you to transfer your Digital Assets, or otherwise give control of your Digital Assets, to that third party. You are solely responsible for protecting yourself against such actions.

6.4.4 Reliance on the Internet and Other Technology. OKX provides its Services on an “as is” basis. Digital Assets and the Platform depend on the internet and other technology (including various communication methods and mediums). However, the public nature of the internet means that parts or the entire internet may be unreliable or unavailable at any given time. Furthermore, interruption, delay, corruption or loss of data, the loss of confidentiality or privacy through the course of data transmission, or malware transmission may occur when transmitting data via the internet and/or other technology. Any information (including any document or data) transmitted, or communication or transactions made, over the Internet or through other electronic media (including but not limited to electronic devices, services by third-party telecom service providers such as mobile phones or other handheld trading devices or interactive voice response systems) may be subject to interruption, transmission blackout, delayed transmission due to data volume, Internet traffic, market volatility or incorrect data transmission (including incorrect price quotation), or pause and/or delay of price data feed due to the public nature of the internet or other electronic media. The above may result in your transactions not being executed according to your instructions at the requested time, or not executed at all.

You acknowledge and agree that no technology, including but not limited to the internet, electronic devices, mobile phones, handheld trading devices, or interactive voice response systems, is completely secure or reliable, and any of their malfunctions are beyond OKX’s control. Use of such technology is at your own risk. Further, the Services may rely on third-party service providers, including cloud-based services and servers, over which OKX has limited or no control. To the maximum extent permitted by applicable law, OKX shall not be liable for any Loss arising out of or in connection with any failure, malfunction, delay, interruption, error, omission, or negligence of any technology, system, software, infrastructure, communications network, or services provided by OKX or any third-party service provider (including cloud service providers, telecommunications providers, or data centers) used in connection with the Services. By using the Services, you assume all risks associated with these inherent limitations and agree that OKX is not responsible for any act, omission, or negligence of any third-party provider or for any technological issues that might occur.

6.5 General Digital Asset Market Risks. The value of a particular Digital Asset may decline or be completely and permanently lost should the market for that Digital Asset disappear. There is no assurance that a market for a particular Digital Asset will continue indefinitely into the future since the value of a Digital Asset may be derived from various factors, including the continued willingness of market participants to exchange that Digital Asset.

6.5.1 Liquidity Risks and Losses. There is a risk that you may experience Losses due to the inability to sell or convert Digital Assets into a preferred alternative asset immediately or where conversion is possible but at a loss. Such liquidity risk for a Digital Asset may be caused by many reasons, including the absence of buyers, limited buy/sell activity or underdeveloped secondary markets.

6.5.2 Uncertain Future Payment Acceptance. There is no assurance that any individual or person who accepts a Digital Asset as payment will continue to do so in the future.

6.5.3 Government or Regulatory Authority Interference. You may suffer Losses as a result of value depreciation of a Digital Asset you paid as a result of controls imposed by a government or regulatory authority. Repayment or payment of any amounts due to you may be delayed or even prevented by controls or other actions imposed by government or regulatory authorities over Digital Assets and/or their ecosystem that these authorities control or regulate.

6.5.4 Inflation Risks. Digital Assets may, either because of their inherent design or through network events, not be a fixed supply. If and when additional Digital Assets are created, the particular Digital Asset’s price may decline due to inflationary effects of adding additional Digital Assets to the total available amount of assets in the market.

6.5.5 Whales and Concentration Risk. At any point in time, one or more persons may directly or indirectly control significant portions of the total supply of any particular Digital Asset. These persons are often referred to colloquially as “whales”. Whether acting individually or collectively, these whales may have significant impact, and may be able to influence or cause significant market events that may have a detrimental effect on price, value or functionality of Digital Assets. Furthermore, these whales, or other network participants and users, may make decisions that are not in your best interest as an investor of Digital Assets.

6.6 User Fault or Error. You shall bear any and all Losses resulting from your own fault or error, including but not limited to: not being in accordance with the transaction prompts operation, not conducting timely trading operations, sending digital assets to the wrong address, forgetting or leakage of Passwords and/or Keys, cracked Passwords and/or Keys, and/or your computer being invaded or hacked by others.

6.6.1 Loss of Private Key. You are solely responsible for securing your Private Key with respect to your Passkey Wallet. The loss of your control to your Private Key will permanently and irreversibly deny your access to your Digital Assets. We shall not be able to retrieve or protect your Digital Assets. Once lost, you will not be able to transfer your Digital Assets to any other address or wallet. Thus, you will not be able to realize any value or utility that the Digital Assets may hold.

6.6.2 Use of Jailbroken Devices. The use of the Platform on a jailbroken device may compromise security and lead to fraudulent transactions. You may suffer Losses as well as a termination of these Terms.

6.7 Reliance on Blockchain and/or Distributed Ledger Technology. Transactions involving Digital Assets are most likely irrevocable due to their utilization of blockchain and/or distributed ledger technology. Lost or stolen Digital Assets may never be retrieved or returned.

6.7.1 Irreversible Upon Recording. Once a transaction has been verified and recorded on a blockchain, generally the involved Digital Assets, even if lost or stolen, will not be returned, and the transaction will not be reversible.

6.7.2 Open-Source Software Risks. Digital Assets rely on various types of blockchain and/or distributed ledger technology. This technology is an open-source software that is built upon blockchain, which is still considered a novel and experimental technology. There are many risks that arise from this reliance, including but not limited to: existing technical flaws in the technology, malicious targets, majority-mining, consensus-based or other mining attacks, changes in the protocol or algorithms, changes in community or miner support, rapid and/or extreme fluctuations in value of relevant Digital Assets, the existence or development of competing networks, platforms, and assets, flaws or vulnerabilities in coding languages, disputes between developers, miners, and/or users, and regulatory action.

6.7.3 Cryptographic Innovation. Innovation and developments in cryptographic technologies and techniques, including but not limited to the advance of artificial intelligence and/or quantum computing may pose security risks to all cryptographically-based systems, including Digital Assets, your OKX Passkey Wallet, communication mediums, any other part of the Platform, and even your data, as applicable.

6.8 General Risk Statements. Trading Digital Assets involves various risks in general. Below is a non-exhaustive list of various general risks that you may encounter when using our Services.

6.8.1 Jurisdiction-Related Risks. Residents, Tax residents, or persons having a relevant connection with Prohibited Jurisdictions are prohibited from using the Platform and the Services. Changes in your place of domicile or Applicable Laws may result in you violating legal or regulatory requirements in your jurisdiction. You are solely responsible for ensuring that your actions remain lawful despite changes to Applicable Laws, your residence, and/or your unique circumstances.

6.8.2 Service-Related Risks. OKX and its Affiliates may have issued certain Digital Assets, but there are many other Digital Assets that are issued by third parties. You must therefore carefully read and ensure you understand all applicable terms of service, product information, and risk disclosures prior to using our Services.

No user agreement, service terms or product information has been subject to governmental and/or regulatory approval unless expressly indicated otherwise. You must therefore exercise caution with respect to any such product offering.

For any Digital Asset services that have been authorized by a regulator, authorization does not imply any official recommendation or endorsement of the Services by the regulator, nor does it guarantee the commercial merits of a Service or its performance. You should seek independent professional advice before making any investment decisions.

6.8.3 Taxes and Accounting. Some Digital Assets and transactions may be subject to various Tax laws and regulations in an applicable jurisdiction. Please note that the Tax treatment and accounting of Digital Assets (including ancillary benefits) is a relatively new area of law and practice that may be subject to changes and further development. Tax treatment of Digital Assets may vary among jurisdictions. Tax authorities may reach out to us with queries, notices, requests or summons that we may be required to furnish certain information about.

Furthermore, there are no agreed-upon standards and practices for how an auditor may obtain sufficient evidence for an audit regarding the existence and/or ownership of Digital Assets and ascertain the reasonable nature of the valuations.

You should therefore seek independent professional advice before making any investment decisions.

6.8.4 Localized Risks. If a transaction is made in any Digital Asset issued by a party that is subject to foreign laws, or any transactions made on markets in other jurisdictions, including markets formally linked to a domestic market, recovery of the sums invested and any profits or gains may be reduced, delayed or even prevented by various exchange controls, debt moratorium, or other actions imposed by government or other official authorities. Before you use make any transactions, you should ensure that you fully understand any Applicable Laws relevant to that particular transaction.

Furthermore, your local official authority may be unable to compel enforcement of its Applicable Laws upon official authorities or markets in other jurisdictions where your transactions and/or Digital Assets may have been affected. You should therefore seek independent advice about the different types of potential redress that are available in your jurisdiction and other related jurisdictions prior to your use of OKX’s Services. If your country of residence imposes restrictions on Digital Assets, we may be required to discontinue your access to your OKX Passkey Wallet and the Services, and may not be permitted to return your Digital Assets or permit you to transfer your Digital Assets from your OKX Passkey Wallet to yourself or others until such time as the regulatory environment allows us to do so.

6.8.5 Regulatory Uncertainty. All Digital Assets are generally exposed to legal and regulatory risks. Legal and regulatory treatment of Digital Assets may change, and regulation of Digital Assets is unsettled and rapidly changing. Furthermore, legal and regulatory treatment of Digital Assets may vary substantially across different jurisdictions. Because of these legal and regulatory risks, any Digital Asset may decrease in value or even lose all value due to any legal or regulatory changes. This may affect the value or potential profit of any Digital Asset transaction.

In order to comply with Applicable Laws or for other reasons as indicated in these Terms, OKX may cancel and/or modify your transactions and orders, or restrict or suspend your use of the Services.

You should therefore seek and obtain independent legal, Tax and financial advice, and you should also continually monitor legal and regulatory updates that relate to your Digital Assets and/or transactions.

6.8.6 Conflicts of Interest. OKX does not act as your agent, broker or fiduciary in connection with the Services. OKX, its affiliates and other service providers may engage in other business activities, including operating centralized trading platforms, issuing Digital Assets, or facilitating the distribution or secondary trading of Digital Assets, which may give rise to conflicts of interest. If any of these operations are not regulated by any governmental authority, it may be difficult to detect, monitor, and/or manage any conflicts of interest that may arise.

6.8.7 Cautions Regarding Forward-Looking or Prospective Statements. Website and internet pages, investor relations releases, oral or written outlooks, presentations, audio and video recordings of events, and other publications from websites may contain optimistic, forward-looking statements that reflect OKX and its management’s current views with respect to prospective projects and events. Certain words, including but not limited to, “anticipate”, “assume”, “believe”, “estimate”, “expect”, “intend”, “may”, “plan”, “project” and “should”, as well as other expressions often identify forward-looking statements. These statements are subject to risks, uncertainties, and changes due to many factors, including but not limited to: changes in Digital Asset and fiat currency exchange rates, interest rates, and commodities prices; the introduction of new and/or competing technology and ideas; increased market incentives; and a decline in demand for current Services or other products.

6.9 Services Risks. Our Services as a collective and each as an individual Service involves many risks, some of which are indicated in the Terms. In addition, the following risks, which is not a comprehensive list, may apply:

• Decentralised technology is not fully mature, and there has not been an established testing scale to determine the safety of decentralised technology;

• The nature of decentralized technological architecture poses a potentially increased threat of hacker attacks;

• The decentralized governance structure of decentralised projects, protocols and smart contracts do not allow for OKX to have any control of what may occur beyond the OKX Wallet Software and OKX Web3 DEX Interface.

6.9.1 Digital Wallet Risks. You are responsible for providing the necessary equipment and software in order to utilize the OKX Passkey Wallet, including any hardware and software protection mechanisms and protocols. Attempting to access the Services without the required equipment or software may result in permanent Losses. OKX shall not be responsible for any of these Losses that may occur.

6.9.2 Third Party Platforms and Services. During the course of your utilization of our Services, you may access and utilize Third Party Platforms and Third Party Blockchains. In order to access and utilize our Services, you agree to any and all of these Third-Parties’ terms of service, privacy policy, and any other applicable user agreements. You further acknowledge and agree that OKX has no control whatsoever over these Third Party Platforms and services, and you shall solely bear any and all Losses that may arise from your utilization of these Third Party Platforms. Use of Third Party Platforms involves significant risks, including price volatility, smart-contract bugs, oracle failures, liquidity shortages, liquidation, protocol failure, and regulatory changes. OKX has not (1) verified the safety or legitimacy of any Third Party Platform, or (2) reviewed or approved any Third Party Platform or any representations made by its provider. It is your responsibility to ensure that you fully understand the nature of any Third Party Platform, including the financial risks to which you may be exposed as a result of using it.

6.9.3 Private Keys. Private Keys govern the security of OKX Passkey Wallet, and the loss of a Private Key would mean the loss of access to the wallet forever. You are responsible for keeping, protecting and safeguarding your Private Key that has been provided or that is generated in connection with your use of the Services. OKX is not responsible for your Private Key in any manner. If you lose your Private Key, you will not be able to access your OKX Passkey Wallet, and you may permanently lose any and all access to any Digital Assets or other funds that you may have stored in your OKX Passkey Wallet. You understand and agree that you shall solely bear any and all Losses that may arise from the loss or your inability to use your Private Key.

6.9.4 Careful Consideration Prior to Use of Services. In light of these risks (as well as potentially others that are not listed), Users must carefully consider whether all applicable risks are acceptable prior to using the Services. You also appreciate that the risk disclosure statement herein is not and cannot be comprehensive or exhaustive. You must seek professional advice regarding your particular financial condition prior to commencing your use of Services. YOU UNDERSTAND THAT LOSSES MAY BE INCURRED RATHER THAN PROFIT MADE AS A RESULT OF PARTICIPATING IN SERVICES, AND THIS IS A RISK THAT YOU ARE PREPARED TO FULLY AND SOLELY ACCEPT AND BEAR.

7. Additional Risk Disclosures

7.1 No Guarantee of Transactions. You understand and agree that the time it actually takes for you to receive the Digital Assets in your OKX Passkey Wallet and the time it takes for the OKX Wallet Software to receive information about your Digital Assets from Third-Party Blockchain may vary. This and other technical reasons may mean that the Digital Assets displayed on the OKX Wallet Software may not always accurately reflect the actual Digital Assets in your OKX Passkey Wallet. Any estimated transaction results generated by the Services are illustrative and may vary from the actual transaction results. Such variations can arise from, but are not limited to, network latency, block propagation delays, and other reasons beyond the control of OKX. OKX is not liable for any Losses as a result of the aforementioned.

7.2 Limit of Aggregated Liability. You understand and agree that OKX’s aggregated liability shall not exceed the Service Fees OKX received from you for the past twelve months.

7.3 Amendment of the Terms. You understand and agree that OKX reserves the right to amend the content of the Terms at any time in its sole discretion. OKX shall not be liable for any Losses arising from your misunderstanding of Terms or your delay of reading any amendments or updates to the Terms.

7.4 User Fault or Error. You agree that you shall bear any and all Losses resulting from your own fault or error, including but not limited to: purchasing the wrong Digital Assets, not being in accordance with the transaction prompts operation, not conducting timely transactions on the OKX Wallet Software, transferring your Digital Assets to a wrong Third Party Blockchain or wrong address, forgetting or leakage of Passwords and/or Private Keys, cracked Passwords, and/or your computer being invaded or hacked by others.

7.5 Third Party Content and Services. You understand and agree that when you use the Services, you may access and/or use Third Party Blockchains. OKX shall not be liable for any and all Losses caused by your use of or access to Third Party Blockchains. You understand and agree to OKX’s grant of access to any and all Third Party Blockchains. OKX merely provides Third Party Blockchain and Third Party Platform integration, and other related services. OKX shall not be liable for any Losses incurred as a result of contract vulnerabilities; hacking incidents; suspension, discontinuation, or termination of business; bankruptcy; abnormal suspension; or cessation of Third Party Blockchain operations or other potential risks. Furthermore, you agree to bear any and all Losses you may suffer as a result of the aforementioned risks. If you suffer any Losses as a result of the aforementioned risks, you understand and agree that any Digital Assets that may be stored on your OKX Passkey Wallet may be permanently lost.

The Service may also contain links or functionality to access or use third-party websites (“Third-Party Websites”), applications (“Third-Party Applications”) and other forms of Third-Party Platforms, or otherwise display, include, or make available content, data, information, services, applications, materials from third parties (“Third-Party Materials”), and the Service itself may be integrated or embedded into Third-Party Websites, Third-Party Applications, Third-Party Materials or other forms of Third-Party Platforms through API, SDKs and other means of integration. This does not mean that OKX endorses any products, services, information and disclaimers provided therein, and OKX does not guarantee the accuracy of the information contained therein. When you click on a link to, or access and use, a Third-Party Website or Third-Party Application, though we may not warn you that you have left our Service, you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications, and Third-Party Materials are not under the control of OKX, and may be “open” applications for which no recourse is possible. OKX is not responsible or liable for any Third-Party Websites, Third-Party Applications, and Third-Party Materials. OKX may provide links to these Third-Party Websites and Third-Party Applications as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services or associated Third-Party Materials. You use all links in Third-Party Websites, Third-Party Applications, and Third-Party Materials at your own risk. OKX shall not be liable for any Losses caused by your use of such third-party products and services on Third-Party Websites and Third-Party Applications. OKX is merely the Service Provider of the Services, and it has no influence or control of the content and/or services of Third Party Platforms or websites that reside on or outside of the OKX Wallet Software and OKX Web3 DEX Interface, and the operators of these Third Party Platforms or websites are solely responsible for their content and/or services. OKX has no control over Third Party Platforms’ terms of use or privacy policies. Once you use our Services, you acknowledge, understand, and agree to all the terms of service, privacy policies, and relevant transaction and operation rules, policies, or any other rules (as amended from time to time) on the Third Party Platform or other third party websites. OKX and each Third Party Platform are independent legal entities, and these Terms do not constitute any form of agency, partnership, or cooperative relationship between the parties. OKX and each Third Party Platform and any third party shall be responsible for their respective claims, debts and disputes that arise from the performance of their respective contracts and agreements.

7.6 Third Party Platform Malfunctions. You understand and agree that if the OKX Web 3 Platform or the Third Party Platforms cannot properly function or the Services are interrupted because of the following conditions, and you are unable to use the Services or cannot make commands or perform related trading operations, including but not limited to, failure, delay, interruption, lack of system response, delayed system response, or any other abnormal and/or unexpected circumstances, OKX shall not be liable for any Losses. These circumstances include but are not limited to:

• Third Party Platform suspends, discontinues, and/or terminates its business; closes down; and/or abnormally suspends or terminates trading services;

• Service suspension due to maintenance as announced by OKX and/or the Third Party Platform;

• System fails to transmit data;

• Force Majeure event(s) that lead to the suspension of the Third Party Platform;

• Third Party Platform’s service interruption or delay arising from hacking, computer virus, technical adjustment or failure, website upgrade, banking issues, temporary closure arising from government regulations; etc.;

• Third Party Platform’s service interruption or delay caused by its computer system being damaged, damaged, defective, or unable to normally perform;

• Losses arising from technical problems that cannot be predicted or solved by existing technology in the industry;

• Losses you or other third parties suffer that arise from the fault or delay of the third party;

• Losses you or other third parties suffer that arise from changes in laws, regulations, and/or government orders;

• Losses you or other third parties suffer that arise from Force Majeure events caused by unforeseeable, unavoidable, and/or unsolvable objective circumstances.

You understand and agree that the forementioned reasons may lead to abnormal transactions, price fluctuation, market fluctuation, market interruptions, and other possible abnormal circumstances. You also appreciate that the risk disclosure statement herein is not and cannot be comprehensive or exhaustive. OKX may refuse to execute your commands based on the actual circumstances. Furthermore, you understand and agree that OKX shall not be liable for any Losses arising from or related to any of the aforementioned circumstances.

7.7 Losses Based on Your Lack of Eligibility. You understand and accept that OKX shall not be liable for any Losses caused by any risks relating to your eligibility to access or use our Services.

7.8 Specific Risks with using TEE technology. You acknowledge and agree that the OKX Passkey Wallet service relies on a Trusted Execution Environment ("TEE") and related infrastructure operated and maintained by a third-party service provider ("TEE Provider"). OKX does not control the TEE Provider or the underlying TEE environment. The security, availability, and integrity of the OKX Passkey Wallet are therefore subject to the risks and limitations inherent in such third-party services.

By choosing to use the OKX Passkey Wallet, you expressly acknowledge, accept, and assume all risks associated with its use, including but not limited to, the following:

• Risk of Private Key Compromise and Leakage: Your private keys are managed within the TEE. There is a risk that private keys may be compromised, leaked, or otherwise exposed due to a security breach at the TEE Provider's facilities, an interception during transmission of data to or from the TEE, or other vulnerabilities.

• Risk of Service Disruption: The OKX Passkey Wallet's functionality is dependent on the continuous and error-free operation of the TEE Provider's services. Your ability to access your wallet or execute transactions may be delayed, disrupted, or rendered completely unavailable due to failures, crashes, or maintenance of the TEE Provider's systems. Furthermore, OKX may need to temporarily pause or limit OKX Passkey Wallet services to address critical bugs, security threats, or other emergency situations, which may also disrupt your transactions;

• Risk of Irrecoverable Loss of Private Keys: In the event of a catastrophic failure or data corruption within the TEE environment, private keys generated and stored exclusively within the TEE may be permanently and irretrievably lost. This risk is particularly relevant for Users that may not have an external backup or recovery mechanism.

• Risk of Unauthorized Transactions and Middleman Attacks: The TEE environment may be targeted by sophisticated attacks, including those initiated by unauthorized personnel or through middleman attack vectors. Such attacks could potentially result in unauthorized access to your private keys and the execution of unauthorized transactions from your OKX Passkey Wallet

To the fullest extent permitted by applicable law, OKX disclaims all liability and shall not be responsible for any damages, claims, losses, or harm, whether direct, indirect, incidental, special, consequential, or exemplary, arising out of or in connection with your use of the OKX Passkey Wallet. This includes, without limitation, any losses resulting from:

• Any of the risks described above,

• Any acts, omissions, or negligence of any third-party TEE Provider

• Any failure of the TEE environment to function as intended

• Any security breach, service disruption, or data loss attributable to the TEE Provider or the inherent nature of the TEE

8. User's Representations and Warranties

8.1 Legal Purposes Only. You represent and warrant that you shall not use our Services for any illegal purpose or in any illegal way or manner. You shall abide by any and all Applicable Laws of the jurisdiction where you are located; all local, national, and international practices regarding internet use; and all network agreements, rules, and procedures related to or in connection with our Services.

You also represent and warrant that you are not and that you will not transact with anyone who is:

• a Restricted Person;

• on any trade or economic sanctions lists maintained by United States, European Union, United Kingdom, Canada, Singapore and United Nations such as the Specially Designated Nationals and Blocked Persons List administered by the US Department of Treasury’s Office of Foreign Assets Control or the Entity List administered by the US Department of Commerce’s Bureau of Industry and Security; or

• a person identified as a terrorist organization on any other relevant lists maintained by any governmental authority

8.2 Third-Party Platforms. You understand and agree that when you select a third party service on the OKX Web3 DEX Interface, including the use of any third party software, you indicate that you have first carefully evaluated and then selected this third-party service. OKX does not assume any liabilities for the third-party service you choose to use on our Platform. OKX cannot and is not obligated to guarantee the consequences of your use of such third-party services. You shall bear all Losses as a result of your use of these third-party services, and OKX shall not be liable for any Losses.

8.3 Full Responsibility. You agree to solely bear the responsibility for any and all activities that occur in connection with your use of the Services and under your OKX Passkey Wallet on OKX, including without limitation, disclosing or publishing information, clicking to agree with various agreements, uploading and submitting various documents or information, clicking to agree with the renewal of various agreements, or clicking to agree with service agreements provided by third parties. If you fail to comply with these Terms or OKX’s operating instructions and trading rules in the process of any of the above activities, OKX shall not be liable for any Losses.

8.4 Commercial Advertisements. You agree that OKX has the right to place various commercial advertisements or any other types of commercial and/or promotional information (including but not limited to, posting advertisements on any page of the Platform) in various ways during the provision of the Services, and you accept that OKX may send commercial promotions or other relevant commercial and/or promotional information to you through email or other communication means.

8.5 Providing Information for Disputes. You agree that if you have a Dispute with OKX or other third parties as a result of the use of a third-party service, you shall not request OKX to provide relevant information through channels other than judicial or administrative channels.

8.6 General Representations and Warranties. You represent and warrant the following:

• You fully understand all risks associated with using our Services, and you have the necessary experience, understanding, and risk tolerance for using our Services, including the necessary experience and knowledge to enter into relevant transactions under the Services;

• You shall carefully consider and use clear judgment to evaluate your financial situation and risks before making any decisions to use our Services, and you shall bear any and all Losses arising from your decisions;

• You have the ability to perform operations on the internet in order to use our Services;

• These Terms do not conflict with the Applicable Laws of your applicable jurisdiction(s), and you shall comply with all Applicable Laws of your applicable jurisdiction(s);

• You are the legal and rightful owner of all funds and/or Digital Assets in your wallet or other Digital Assets or funds which you may use in connection with our Services. You represent and warrant that the sources of such funds and Digital Assets are legal, and you will not trade or obtain financing on or through OKX or any of its Services with anything other than funds or Digital Assets that have been legally obtained by you and that belong to you;

• You agree to indemnify and hold OKX, and their officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any and all demands, Losses, liability, claims or expenses (including attorneys’ fees), made against OKX by any third party due to or arising out of or in connection with your use of the Platform or the Services; and

• Any trading, transfer, exchange, or any other instructions received or undertaken through your signature credentials are deemed to be valid, binding and conclusive, and OKX may act upon such instructions without any liability.

8.7 Performance of Obligations. You must abide by all Applicable Laws of all applicable jurisdiction(s) when using our Services, and you agree to strictly perform the following obligations:

• You shall not use the Services for any illegal purposes, including without limitation, illegal gambling, money laundering, fraud, extortion, data breaches, terrorist financing, and any other violent acts or any businesses prohibited by Applicable Laws;

• You shall not conduct, initiate, or promote any forms of unfair trading practices, market manipulation or other forms of illegal conduct, including without limitation, illegal gambling, money laundering, fraud, extortion, data breaches, terrorist financing, and any other violent activities or businesses prohibited by Applicable Laws;

• You shall not use our Services to engage in money laundering, stealing trade secrets, stealing personal information, or any other illegal or criminal activities, including but not limited to payment by illegal means like fictitious transactions, false prices, and transaction refunds; illegal cash-out activity via entity bank settlement account; illegal fund transfer from the bank settlement account of an entity to an individual account; illegal check cash-out activity or any unlawful, illegal, fraudulent or harmful purpose or activity under Applicable Laws;

• You shall not in any way or capacity interfere with OKX’s normal operations or intrude upon OKX’s computer systems, including using our Services in any way that causes or may cause damage to our Services or impair the availability of or accessibility to the Services;

• You shall not transmit or publish any illegal, criminal, harassing, slanderous, abusive, intimidating, harmful, vulgar, obscene, uncivilized or other similar information materials;

• You shall not solicit others to engage in acts prohibited by these Terms or Applicable Laws;

• You shall not use your OKX Passkey Wallet for for-profit business operations and activities that are prohibited by these Terms or Applicable Laws;

• You shall not infringe upon the copyrights, trademark rights, and other intellectual property rights or legal rights and interests of any third party;

• OKX’s goodwill and reputation will not be maliciously slandered by means of fiction, exaggeration of facts, or any other derogatory and/or false manner; and

• You shall not engage in other acts that violate Applicable Laws, public order and good customs, internet or online interests, or any other acts that OKX reasonably determines to be inappropriate.

If you fail to comply with any of the above, OKX has the right at its sole discretion to immediately suspend or terminate your access to the Services and take other measures without assuming any liability.

8.8 OKX’s Rules and Regulations. You shall strictly abide by the various rules and regulations announced or modified by OKX from time to time. OKX reserves the right to delete any and all of OKX’s information or content which does not comply with laws or regulations or is untrue or inappropriate without notifying you, and OKX shall not bear any liability.

9. No Warranties

9.1 GENERAL. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY OKX, OKX AND ITS AFFILIATES OR SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES TO YOU OF ANY KIND. OKX AND OUR SERVICES, THE CONTENT CONTAINED THEREIN, AND DIGITAL ASSETS LISTED THEREIN ARE STRICTLY OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDLESS OF LOCATION, AND WITHOUT LIMITING THE GENERAL PURPOSE OF THE FOREGOING.

9.2 TRANSACTIONS. ANY AND ALL DIGITAL ASSETS THAT ARE PURCHASED, TRANSFERRED, OR EXCHANGED THROUGH THE SERVICES ARE DONE SO ON AN “AS IS” BASIS. OKX MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND REGARDING THE DIGITAL ASSETS.

9.3 DISCLAIMER OF IMPLIED WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OKX SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. OKX MAKES NO REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SERVICES, OR ANY PART THEREOF, OR ANY MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE, OR THAT THE SERVICES ARE PROVIDED WITHOUT VIRUS OR OTHER HARMFUL COMPONENTS. OKX DOES NOT GUARANTEE THE AVAILABILITY, PERFORMANCE, SECURITY, OR LEGITIMACY OF ANY THIRD PARTY PLATFORMS.

9.4 NON-RELIANCE; SPECIFIC EXCLUSIONS. EXCEPT FOR THE EXPRESS STATEMENTS SET FORTH IN THESE TERMS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE OF AND ACCESS TO THE SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT OKX WILL NOT BE LIABLE FOR ANY LOSSES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL ASSET PRICE DATA; (B) ANY ERROR, DELAY, OR INTERRUPTION IN THE TRANSMISSION OF SUCH DATA; (C) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING THE SERVICES; (D) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN OUR WEBSITE, SOFTWARE, OR SYSTEMS OPERATED BY OKX OR ON OUR BEHALF, OR ASSOCIATED WITH ANY OF THE SERVICES; OR (E) YOUR USE OF ANY THIRD PARTY PLATFORMS.

10. Indemnification

10.1 General. To the maximum extent permitted by Applicable Laws, you hereby release OKX and its affiliates from liability for any and all Losses, and you shall indemnify, defend, and hold harmless us, our affiliates, and our and their respective agents (if any), employees, officers, directors, affiliates, subsidiaries and successors (each an “Indemnified Party”) from and against, and must pay the Indemnified Party on demand for, all Losses relating to any third-party claims relating to or in connection with your use of the Services, your breach of these Terms, or your User Content. For clarity, if OKX or any Indemnified Party suffers any Losses as a result of your breach of the Terms, you shall be liable for compensation of all Losses.

10.2 Interest. You agree to pay interest on any amounts with respect to which you are required to indemnify any person under this section or otherwise under these Terms from the date of demand until the date of receipt by that person in full of such amounts and the interest (both before and after judgment) at the rate of interest to be reasonably determined by OKX at that time.

10.3 Further Cooperation. If OKX requests, you also must do the following: (a) appear and defend, at your own cost, any action which may be brought against OKX in connection with or relating to these Terms; and (b) sign any document OKX reasonably requires to give further effect to this section.

10.4 Application of Indemnification. You agree that the provisions of this section: (a) shall continue in full force and effect relating to any instructions we receive before we give you notice that we will not accept further instructions; and (b) are unconditional, irrevocable, and survive termination of all matters and dealings between you and OKX and are not impaired or hindered by any act, omission, matter or thing that may discharge or impair the indemnification, but for this clause.

11. Limitation of Liability

OKX’S AGGREGATED LIABILITY IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE AGGREGATE AMOUNT OF FEES OKX RECEIVED FROM YOU IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL OKX, OUR AFFILIATES, DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, REPRESENTATIVES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES OR OKX PRODUCTS AND MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM OKX, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE IN PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS, FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OKX’S DOCUMENTATION, RECORDS, OR SERVICES.

Please note that some jurisdictions may not allow these exclusions or limitations of liability for incidental or consequential damages, and thus, these provisions may not apply to all Users.

12. Technology Disclaimers

12.1 OKX may, from time to time, suspend access to your OKX Passkey Wallet, the Services and/or any other OKX services, for both scheduled and emergency maintenance. OKX will make reasonable efforts to ensure that transactions on the Platform are processed in a timely manner, but OKX makes no representations or warranties regarding the amount of time needed to complete any such maintenance.

12.2 Although OKX makes reasonable efforts to update the information on the Platform, OKX makes no representations, warranties, or guarantees, whether express or implied, that the content on the Platform, including information in relation to the Services and any other OKX Services, is accurate, complete, or up to date.

12.3 You are responsible for obtaining the data network access necessary to use the Services or any other OKX Services. You are responsible for acquiring and updating compatible hardware or devices necessary to use the Service, any OKX Services, the OKX Web3 Platform, and any updates thereto. OKX does not guarantee that any of the Services, or any portion thereof, will function on any particular hardware or devices. The Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

12.4 Despite our efforts to ensure the security of your data and transactions, the risk of unauthorized access, hacking, data loss, or other breaches cannot be completely eliminated. You acknowledge that you bear the risk of any unauthorized access to your Account information and any loss of Digital Assets resulting from such security breaches.

12.5 The field of digital assets is rapidly evolving, and changes in technology may require adjustments to the Services or how you interact with the OKX Web3 Platform. OKX reserves the right to modify the technology used, the features provided, or the Service requirements based on technological advancements or regulatory changes without prior notice.

13. Mandatory Measures

You agree and accept that OKX strictly prohibits unfair trading practices. OKX reserves the right to exercise control over your Account, restrict, suspend or shut down your Account in its sole discretion if you engage in any of the following conduct:

• Market manipulation, price manipulation, insider dealing, market distortion, or any other malicious wrongdoing or behaviour;

• Participation in any activities that OKX regards as harmful to the market;

• Violation of any Applicable Laws and Regulation.

In order to eliminate any adverse effects on the overall market, OKX reserves the right and sole discretion to suspend or terminate your Account, use of the Service, or refuse to execute or cancel your commands. OKX shall not be liable for any losses (including but not limited to any direct or indirect losses, actual losses or losses of possible profits) incurred in connection with the above measures.

14. No Business, Legal, Financial or Tax Advice

14.1 You acknowledge and agree that no information provided by OKX, notwithstanding whether included in these Terms or any other document or statement, shall be deemed as business, legal, financial or tax advice. You may and should consult your own business, legal, financial or tax advisers regarding especially, inter alia, the individual chances, opportunities, risks, obligations or further costs arising from the reception of and in connection with Digital Assets under this Service. OKX is not your broker, dealer, agent or consultant. You acknowledge and agree that in any transactions or other decisions or activities through which you use any OKX Services, OKX does not have a fiduciary relationship or fiduciary duty with you. No communication or information provided by OKX to you, notwithstanding whether included in these Terms or any other document or statement, shall be deemed, considered or interpreted as investment advice, business advice, legal advice, financial advice, tax advice, trading advice or any other type of advice. You shall determine whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial condition and risk tolerance, and you shall be solely responsible for any and all Losses or liabilities. You should consult your own business, legal, financial or tax advisers regarding especially, inter alia, the individual chances, opportunities, risks, obligations or further costs arising from using this Service. OKX does not recommend you to buy, sell, transfer or hold any Digital Assets. Before making a decision to buy, sell, transfer or hold any Digital Assets, you shall conduct due diligence and consult your financial advisor before making any investment decision. OKX shall not be responsible for your decision to buy, sell, transfer or hold Digital Assets based on the information provided by OKX.

15. Third Party Website Disclaimer

15.1 Any links to third party websites in OKX services do not mean that OKX endorses any products, services, information and disclaimers provided therein, and OKX does not guarantee the accuracy of the information contained therein. OKX shall not be liable for any losses caused by your use of such third party products and services. In addition, OKX has no control over the terms of use or privacy policies of third party websites. Once you use this Service, it usually means that you know, understand and agree to all the terms of service, privacy notice and relevant transaction and operation rules (as amended from time to time) on third party websites. OKX and each third party website operator are independent legal entities, and these Terms shall not constitute any form of agency, partnership or cooperative relationship between the parties. Each third party website operator shall be responsible for their respective claims, debts and disputes arising from the performance of their respective contracts and agreements.

16. Privacy Policy

Please refer to our OKX Web3 Privacy Notice for information about how we collect, use, and share your Personal Data and information.

17. Notices

17.1 Form of Notice. Any notices provided to you will be made through electronic mail unless otherwise instructed, including the delivery of any updates to these Terms, or any new or updated agreements, rules, announcements or other notices. Notices may be delivered to you by OKX announcements, letters, emails, and mobile phone text messages electronically or by posting on the Platform.

17.2 Delivery Date. Notices will be deemed to have been delivered to you on the sent date for all electronic notices. If you fail to receive such notice on the date when the foregoing notice was deemed to be delivered due to reasons not attributable to OKX (including but not limited to inaccurate or invalid email address, mobile phone number etc; information transmission failure; or other reasons), OKX shall not assume any liability for any Losses.

17.3 Language. Notices shall generally be in English unless otherwise instructed. If there are any discrepancies between the English language version of the Terms or any such communications and any translation of the Terms or such communications (as applicable) in a foreign language, the English version shall prevail.

18. Governing Law

Except as set forth in Section 19 below, these Terms and your use of the Services will be governed by and construed in accordance with the laws and regulations of the State of California, without regard to its conflict of laws provisions. You agree that any judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 19 must be filed only in state or federal courts located in California, unless you and OKX agree to some other location. You and OKX consent to venue and personal jurisdiction in such courts.

19. Jurisdiction and Dispute Resolution

19.1 Contacting OKX. You may contact OKX about any feedback or general inquiries via our Customer Service help desk at Support Center. OKX requires all legal documents (including civil subpoenas, complaints, and arbitration demands) to be served on our registered agent for service of process. More information about our registered agent for service of process can be found [here]. Our registered agent will accept service only if the entity identified as the recipient of the document identically matches the legal name of the entity that is registered with the Secretary of State and for which our registered agent is authorized to accept service. By accepting service of a legal document, OKX does not waive any objections or defenses it may have in response to such legal document.

19.2 Initial Dispute Resolution Process. OKX is committed to participating in a consumer-friendly dispute resolution process. To that end, you are encouraged to notify OKX of any dispute within 30 days of when such dispute arises, and not less than 30 days before initiating any arbitration or other legal proceeding, to attempt in good faith to resolve such dispute amicably. Any such pre-dispute notice should be sent to OKX through our Support Center or by mailing it to OKX’s registered agent for service of process as set out in Section 19.1 above. The pre-dispute notice should include the subject line “PRE-DISPUTE NOTICE” and include in the body of the notice: the date; your name and/or the entity associated with your account; the user identification number associated with your account; a brief description of the dispute and how you would like it to be resolved; and any other information that you deem relevant.

All offers, compromises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential and inadmissible for any purpose, including as evidence of liability or fault, or for impeachment in arbitration or any other proceeding between the parties.

19.3 ARBITRATION AGREEMENT. EXCEPT AS EXPRESSLY PROVIDED BELOW, YOU AND OKX MUTUALLY AGREE THAT ALL DISPUTES AND CLAIMS BETWEEN YOU AND OKX (“Claims”) SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”), 9 U.S.C. § 1 et seq. These Claims subject to arbitration include any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating in any way to: these Terms and prior versions thereof, this Arbitration Agreement, your account with OKX, your access to or use of the Services, any products or offerings made available to you through the Services, or any communication or representation by OKX or between OKX and you. If there is a dispute about whether this Arbitration Agreement can be enforced or applies to a Claim, you and OKX agree that an arbitrator will decide that issue. For the avoidance of doubt, this means that all questions concerning the arbitrability of a Claim – including the scope, applicability, enforceability, revocability, formation, validity or interpretation of the Arbitration Agreement – shall be delegated to and resolved exclusively by the arbitrator, except as otherwise provided below.

This Arbitration Agreement shall not require arbitration of the following: (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction and remain in small claims court; (2) Claims by you or OKX for equitable relief from infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents); (3) a request for the remedy of public injunctive relief; and (4) Claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the FAA. You and OKX agree that any request for the remedy of public injunctive relief will proceed after the arbitration of all arbitrable Claims and will be stayed pending the outcome of the arbitration pursuant to the FAA § 3.

19.3.1 Waiver of Jury Trial. YOU AND OKX AGREE TO WAIVE ANY RIGHT TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and OKX are instead electing that all Claims be resolved by arbitration under this Arbitration Agreement, except as otherwise specified herein. This Arbitration Agreement is intended to and shall require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.

19.3.2 Waiver of Class and Other Non-Individualized Relief. YOU AND OKX AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF, PRIVATE ATTORNEY GENERAL, CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING, AND FURTHER AGREE TO WAIVE THE RIGHT TO HAVE ANY CLAIM OR DISPUTE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. Unless you and OKX agree in writing or as provided in Section 19.3.5 of this Arbitration Agreement titled “Batch Arbitration,” Claims of more than one user cannot be arbitrated or consolidated with those of any other user, and the arbitrator shall have no authority to resolve any Claim or issue any relief other than on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual Claim.

Notwithstanding anything to the contrary in this Arbitration Agreement, disputes relating to the interpretation, applicability, validity or enforceability of this Section 19.3.2 titled “Waiver of Class and Other Non-Individualized Relief” shall be resolved only by a court of competent jurisdiction and not by an arbitrator. If a court decides by means of a final decision not subject to further appeal or recourse that the limitations of this Section 19.3.2 are invalid or unenforceable as to a particular Claim or request for relief (such as a request for public injunctive relief), you and OKX agree that the particular challenged Claim or requested relief – and only that particular Claim or requested relief – shall be severed from the arbitration and may be litigated in court as specified in Section 18 (Governing Law) of the Terms. This Section 19.3.2 shall be enforced in arbitration on an individual basis as to all other Claims or remedies to the fullest extent permitted by law. Nothing in this section shall prevent you or OKX from participating in a class-wide settlement of claims.

19.3.3 Administration of the Arbitration.

Rules and Forum: Any arbitration conducted pursuant to this Arbitration Agreement shall be governed by the FAA and administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified herein. The AAA Rules are available at: www.adr.org. In the event that the appointed arbitrator determines that any provision of this Arbitration Agreement is materially unfair or in conflict with the AAA Consumer Due Process Protocol, then the Consumer Due Process Protocol and/or AAA Rules as applicable shall control. Notwithstanding the foregoing, the parties may select different arbitration rules or a different arbitration administrator upon mutual written agreement.

Arbitration Hearing/Location: Unless you and OKX otherwise agree, or Section 19.3.5 below is triggered, the arbitration will be conducted in the county where you reside; if AAA arbitration is unavailable in the county where you reside, then the arbitration will take place in the nearest available alternative location for AAA arbitration. Disputes involving Claims with an amount in controversy of 25,000 or less, exclusive of attorneys’ fees and interest, will be conducted solely on the basis of documents that you and OKX submit to the arbitrator. For disputes involving Claims with an amount in controversy that exceeds 25,000, exclusive of attorneys’ fees and interest, the right to a hearing will be determined by the AAA Rules.

Arbitration Procedure, Award, Confidentiality: Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited and cost-effective nature of arbitration. Your responsibility to pay any AAA fees and costs, including filing fees, will be solely as set forth in the applicable AAA Rules.

The arbitrator will decide the substance of all Claims presented in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different individuals, but is bound by rulings in prior arbitrations involving the same individuals to the extent required by applicable law. The arbitrator shall issue a written and reasoned award describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator’s award shall be final and binding, and judgment on the award issued by the arbitrator may be entered in any court having jurisdiction, provided that any award may be challenged in a court of competent jurisdiction. In any award of damages, the arbitrator shall abide by the “Limitation of Liability” (Section 11) of these Terms to the maximum extent permitted by applicable law.

You and OKX agree that the arbitration proceeding, all materials and documents exchanged during the arbitration proceeding, and any award issued by the arbitrator shall be kept confidential and not shared with anyone except the parties’ attorneys, accountants, or business advisors, or otherwise as required by applicable law, and then subject to the condition that they agree to keep all such information and material confidential. This provision shall not prohibit you or OKX from filing any award issued by the arbitrator in a court proceeding to confirm or challenge the award, although the filing party shall take reasonable efforts to obtain a court order to seal the award.

If the AAA is unavailable as an arbitral forum, the parties shall cooperate in good faith to select a mutually acceptable alternative arbitral forum. If the parties are unable to agree, either you or OKX may ask a court to appoint an arbitrator pursuant to FAA § 5, and the arbitration will be conducted in accordance with the rules of the appointed arbitral forum unless those rules are inconsistent with the provisions of this Arbitration Agreement.

19.3.4 Attorneys’ Fees and Costs. If you or OKX need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs and attorneys’ fees incurred in securing an order compelling arbitration. Although under some laws OKX may have a right to an award of attorneys’ fees if it prevails in arbitration, OKX agrees that it will not seek such an award unless the arbitrator finds that the substance of the Claim or the relief sought by you was frivolous or brought for an improper purpose, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b).

19.3.5 Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and OKX agree that in the event 100 or more individual Claims of a substantially similar nature are filed in arbitration against OKX by or with the assistance of the same law firm, group of law firms, or organizations within a 180-day period, the AAA (or other arbitration administrator chosen by the parties) shall: (1) administer the Claims in batches of no more than 100 per batch (plus, to the extent there are less than 100 individual Claims left over after the batching described above, a final batch of the remaining Claims); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the appointed arbitrator, and one final award which in the appointed arbitrator’s discretion may separately address and resolve any individual issues or Claims of the members of the batch (“Batch Arbitration”). You and OKX agree that Claims are of a “substantially similar nature” if they arise out of or relate to the same event or series of events or factual scenario and raise common legal issues and seek the same or similar relief.

The batching of Claims shall presumptively be determined by listing the claimants alphabetically by last name or business name, as applicable. If the parties disagree on the applicability or enforceability of the Batch Arbitration process, or on the method by which the batches are determined or whether a particular Claim is part of the Batch Arbitration, the AAA shall appoint a sole standing arbitrator (“Administrative Arbitrator”) who shall have the exclusive authority to manage and resolve such disagreements regarding the Batch Arbitration process. The parties agree that the Administrative Arbitrator may set forth such procedures as are necessary to resolve promptly any disagreements about the Batch Arbitration process. The Administrative Arbitrator’s fees shall be paid by OKX.

You and OKX agree to cooperate in good faith to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Claims, as well as any steps to minimize the time and costs of arbitration, which may include the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes and the adoption of an expedited calendar for the arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision. The arbitration award in any batch shall not control with respect to any Claim not assigned to that batch.

19.3.6 Severability. Except as expressly provided otherwise in this Arbitration Agreement, any portion of this Arbitration Agreement that is deemed unlawful, invalid, or unenforceable under applicable law shall be severed and the remainder of the Arbitration Agreement given full force and effect.

19.3.7 Survival. Except as expressly provided otherwise in this Arbitration Agreement or the Terms, this Arbitration Agreement shall survive any termination of the Terms and will continue to apply even if you terminate your use of the Services and close your account.

20. General Provisions

20.1 Acceptance of all Terms and Conditions. By using the Services (or any subcomponent thereof), you agree that you have read, understood and accepted these Terms and all relevant transactions and operational rules in connection with the Services, and you agree to be legally bound by the terms and conditions hereof. OKX reserves the right to change or modify these Terms at any time at its sole discretion and will provide notice of such changes by posting the revised Terms on the OKX Web3 Platform and changing the “Last Updated” date herein. Please also carefully read all terms of service, privacy policy(-ies), and relevant transactional and operational rules (as amended from time to time) published on the Third Party Platforms. Access and use of the Services is only allowed after you have read, understood and agreed to all relevant rules.

20.2 Severability. If any provisions of these Terms shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. If, however, any provision of these Terms shall be invalid, illegal, or unenforceable under any such applicable law in any jurisdiction, it shall, as to such jurisdiction, be deemed modified to conform to the minimum requirements of such law, or, if for any reason it is not deemed so modified, it shall be invalid, illegal, or unenforceable only to the extent of such invalidity, illegality, or limitation on enforceability without affecting the remaining provisions of these Terms, or the validity, legality, or enforceability of such provision in any other jurisdiction.

20.3 Assignment. You may not assign these Terms in whole or in part without OKX’s prior written consent. Neither OKX’s approval of a third party nor your use of a third party shall relieve you from responsibility under these Terms. You shall be fully responsible for any and all acts and omissions of such third parties, which will be deemed to be Your acts and omissions under Terms. Any attempted transfer or assignment by you in violation hereof will be null and void. OKX may transfer, novate or assign its rights and obligations under these Terms without restriction, including without limitation to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with OKX. Subject to the foregoing, these Terms will bind and inure to the benefit of OKX, its successors, and permitted assigns.

20.4 Complete Understanding. These Terms set forth the complete understanding of the parties with respect to the subject matter hereof and supersedes all prior understandings and communications relating thereto. No term or condition of any other document which is different from, inconsistent with, or in addition to the terms and conditions set forth herein will be binding upon the Parties. You represent and warrant that all information disclosed to OKX in connection with these Terms are true, accurate, and complete.

20.5 Modification. We reserve the right to change or modify the terms and conditions contained in the Terms, including but not limited to any policy or guideline of the OKX Web3 Platform, at any time and at our sole discretion. We may provide notice of these changes by posting the revised Terms and changing the "Last updated" date at the top of the Terms, or by emailing Users at their provided email addresses, or by any other means as determined by us at our sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the OKX Web3 Platform or at the instant that we transmit the information. These changes will apply at that instant to all then current and subsequent use of or access to the Services. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this platform acts as acceptance of such changes or modifications. We encourage you to frequently review the Terms to ensure that you understand the terms and conditions that apply to your access to, and use of, the Services.

20.6 Feedback. If you have any complaints, feedback, or questions, please contact our Customer Service at Support Center. When you contact us, please provide us with your name and email address and any other information we may need to identify you, and the transaction that you have feedback, questions, or complaints about.

20.7 Electronic Communications. Communications between you and OKX use electronic means, whether made via the Platform or Services or sent via e-mail, or whether OKX posts notices on the Platform or Services. For contractual purposes, you (1) consent to receive communications from OKX in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that OKX provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

20.8 Force Majeure. OKX shall not be liable for delays, failure in performance or interruption of service that result directly or indirectly from any Force Majeure event or any other cause or condition beyond OKX's reasonable control, including but not limited to, significant market volatility, act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, pandemic, other catastrophe or any other occurrence that is beyond OKX's reasonable control.

20.9 Non-Waiver of Rights. OKX's failure to insist upon or enforce strict performance by you of any provision of these Terms or to exercise any right under these Terms will not be construed as a waiver or relinquishment to any extent of OKX's right to assert or rely upon any such provision or right in that or any other instance.

20.10 Final Interpretation. OKX has the sole and final discretion of interpretation of these Terms.