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These ERB Capital Terms of Use are between you (“you” or “your”) and ERB Capital Operators (as defined below). By accessing, downloading, using or clicking “I Accept” to accept any ERB Capital Services (as defined below) provided by ERB Capital (as defined below), you agree that you have read, understood and agreed to all of the terms and conditions. stipulated in these Conditions of Use (hereinafter, “these Conditions”) as well as our Privacy Policy at  https://erbcapital.com/Compliance.html . Additionally, when using certain features of the Services, you may be subject to specific additional terms applicable to those features.

You need to read the Terms carefully as they govern your use of the ERB Capital Services. THESE TERMS CONTAIN IMPORTANT PROVISIONS, INCLUDING AN ARBITRATION PROVISION THAT REQUIRES ALL CLAIMS TO BE RESOLVED BY LEGAL BINDING ARBITRATION . The Terms of the arbitration provision are set forth in Article 10, “Dispute Resolution: Forum, Arbitration, Class Action Waiver.” As with any asset, the values of Digital Currencies (as defined below) can fluctuate significantly and there is a substantial risk of financial loss when buying, selling, holding or investing in Digital Currencies and their derivatives. BY USING ERB CAPITAL SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS IN DIGITAL CURRENCIES AND THEIR DERIVATIVES; (2) YOU ASSUME ALL RISKS RELATED TO THE USE OF ERB CAPITAL SERVICES AND TRANSACTIONS IN DIGITAL CURRENCIES AND THEIR DERIVATIVES; AND (3) ERB CAPITAL SHALL NOT BE RESPONSIBLE FOR SUCH RISKS OR ADVERSE RESULTS .

By accessing, using or attempting to use the ERB Capital Services in any manner, you acknowledge that you agree to be bound by these Terms. If you do not agree, please do not access ERB Capital or use ERB Capital services.

1. Definitions
2. ERB Capital refers to an ecosystem comprising ERB Capital websites (whose domain names include but are not limited to https://erbcapital.com/Main.html ), mobile applications, clients, applets and other developed applications to offer ERB Capital services, and includes platforms, websites and clients operated independently within the ecosystem. In the event of any inconsistency between the relevant terms of use of the platforms above and the content of these Terms, the respective applicable terms of those platforms shall prevail.
3. ERB Capital Accounts refer to the fundamental virtual accounts, including main accounts and sub-accounts, opened by ERB Capital for Users to register with ERB Capital their use of ERB Capital Services, transactions, exchange of assets and basic information. ERB Capital Accounts serve as a basis for Users to enjoy and exercise their rights on ERB Capital.
4. ERB Capital Fiat Accounts refer to the record of the balance of your fiat currencies (if any) that are activated through an e-wallet service (or similar account) provided by a Fiat Partner.
5. ERB Capital Operators refer to all parties that run ERB Capital, such as legal entities (including Bifinity Bitfi Technology Limited), unincorporated organizations and teams that provide ERB Capital Services and are responsible for such services. For convenience, unless otherwise stated, references to “ERB Capital” and “we” in these Terms refer specifically to ERB Capital Operators. UNDER THESE TERMS, ERB CAPITAL OPERATORS MAY CHANGE AS ERB CAPITAL’S BUSINESS ADJUSTS, IN WHICH CASE THE CHANGED OPERATORS SHALL MEET THEIR OBLIGATIONS UNDER THESE TERMS AND PROVIDE SERVICES TO YOU, AND SUCH CHANGE WILL NOT AFFECT YOUR RIGHTS AND INTERESTS UNDER THESE CONDITIONS. ADDITIONALLY, THE REACH OF ERB CAPITAL OPERATORS MAY EXPAND DUE TO THE PROVISION OF NEW ERB CAPITAL SERVICES, IN WHICH CASE, IF YOU CONTINUE TO USE ERB CAPITAL SERVICES, YOU WILL BE DEEMED TO AGREE TO JOINTLY EXECUTE THESE TERMS WITH THE NEWLY ADDED ERB CAPITAL OPERATORS. IN THE EVENT OF A DISPUTE, YOU WILL DETERMINE THE ENTITIES BY WHICH THESE TERMS ARE MADE WITH YOU AND THE COUNTERPARTIES TO THE DISPUTE, DEPENDING ON THE SPECIFIC SERVICES YOU USE AND THE PARTICULAR ACTIONS THAT AFFECT YOUR RIGHTS OR INTERESTS .
6. ERB Capital Services means various services provided to you by ERB Capital based on Internet and/or blockchain technologies and offered through ERB Capital websites, mobile applications, clients and other formats (including new formats permitted by future technological development). ERB Capital services include, but are not limited to, components of the ERB Capital ecosystem, such as digital asset trading platforms, financial sector, ERB Capital Labs, ERB Capital Academy, ERB Capital Charity, ERB Capital Info, ERB Capital Launchpad, ERB Capital Research, ERB Capital Chain, ERB Capital X, ERB Capital Fiat Gateway, the existing services offered by Trust Wallet and the new services that ERB Capital will provide.
7. ERB Capital Platform Rules refer to all rules, interpretations, announcements, statements, letters of consent and other content that have been and will subsequently be published by ERB Capital, as well as all regulations, implementation rules, descriptions of product processes and announcements published in the Help Center or within products or service processes.
8. Collateral accounts refer to special accounts opened by users on ERB Capital for depositing and withdrawing collateral (such as margin) in accordance with these Terms (including ERB Capital Services Agreement and the ERB Capital Platform Rules), in accordance with necessary for contract transactions, leverage operations and/or currency lending services.
9. Digital Currencies refer to encrypted or digital tokens or cryptocurrencies with a certain value that are based on blockchain and cryptography technologies and are issued and managed in a decentralized manner.
10. Digital Assets refer to Digital Currencies, their derivatives or other types of digitized assets with a certain value.
11. A Fiat Partner means any third-party service provider, with whom ERB Capital may partner in connection with any Fiat Service.
12. Fiat Services refer to:

(a) crediting your ERB Capital Fiat Account with one or more fiat currencies, either via bank transfer, or with your debit or credit card;

(b) the purchase of Digital Assets at spot prices with one or more fiat currencies using the balance of your ERB Capital Fiat Account, or your debit or credit card;

(c) the sale of Digital Assets at spot prices for fiat currencies and the payment of the corresponding sale proceeds to your ERB Capital Fiat Account or to your debit or credit card;

(d) the withdrawal of one or more fiat currencies from your ERB Capital Fiat Account, to your bank account or to your debit or credit card.

1. KYC refers to the “know your customer” process that ERB Capital has put in place before entering into a business relationship or carrying out transactions with its Users. As part of this process, ERB Capital may do whatever it deems necessary to identify Users, verify their identity, examine and investigate Users’ transactions, or comply with any applicable laws or regulations.
2. Lending/Lending means the lending by ERB Capital of Digital Currencies to Users at an interest charged in certain forms (in the form of Digital Currencies), including but not limited to the leveraged trading services and currency lending offered currently, and other forms of lending services that ERB Capital will launch.
3. Spot Trading means buying or selling supported Digital Assets and/or any supported fiat currency on the exchange for immediate settlement.
4. Utenti refer to all persons, institutions or organizations that access, download or use ERB Capital or ERB Capital Services and who meet the criteria and conditions stipulated by ERB Capital. If there are other agreements for entities such as Digital Currency developers, distributors, marketplace manufacturers and exchanges, those agreements will be followed.
5. General disposition
6. About these Conditions
7. Contractual relationship

These Terms constitute a legal agreement and create a binding contract between you and ERB Capital Operators.

1. Supplementary conditions

Due to the rapid development of ERB Capital and Digital Currencies, these Terms between you and ERB Capital Operators do not enumerate or encompass all of the rights and obligations of each party, and do not guarantee complete alignment with the needs arising from future development. THEREFORE, THE PRIVACY POLICY, ERB CAPITAL PLATFORM RULES AND ALL OTHER AGREEMENTS ENTERED INTO SEPARATELY BETWEEN YOU AND ERB CAPITAL ARE CONSIDERED SUPPLEMENTAL TERMS WHICH FORM AN INTEGRAL PART OF THESE TERMS AND SHALL HAVE THE SAME LEGAL EFFECT. YOUR USE OF ERB CAPITAL SERVICES IS DEEMED YOUR ACCEPTANCE OF THE ABOVE SUPPLEMENTAL TERMS.

1. Changes to these Conditions

ERB Capital reserves the right to change or modify these Terms at its discretion at any time. ERB Capital will provide notice of such changes by updating the Terms on its website and modifying the [Last Revised] date indicated on this page. ALL MODIFICATIONS OR CHANGES TO THESE TERMS WILL BE EFFECTIVE UPON POSTING ON THE WEBSITE OR DISCLOSURE TO USERS. THEREFORE, YOUR CONTINUED USE OF ERB CAPITAL SERVICES IS DEEMED YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT AND RULES. IF YOU DO NOT AGREE TO THE CHANGES TO THESE TERMS, YOU SHOULD STOP USING ERB CAPITAL SERVICES IMMEDIATELY. IT IS RECOMMENDED THAT YOU FREQUENTLY REVIEW THESE TERMS TO ENSURE THAT YOU UNDERSTAND THE TERMS THAT APPLY TO YOUR ACCESS AND USE OF ERB CAPITAL SERVICES.

1. Prohibition of use

BY ACCESSING AND USING ERB CAPITAL SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE NOT BEEN INCLUDED ON ANY LIST OF TRADE EMBARGOES OR ECONOMIC SANCTIONS (SUCH AS THE UNITED NATIONS SECURITY COUNCIL SANCTIONS LIST), THE LIST OF SPECIALLY DESIGNATED NATIONALS MAINTAINED BY OFAC (THE OFFICE OF FOREIGN ASSETS CONTROL OF THE UNITED STATES DEPARTMENT OF THE TREASURY) OR THE UNITED STATES DEPARTMENT OF COMMERCE’S DENIED PERSONS OR ENTITIES LIST. ERB CAPITAL RESERVES THE RIGHT TO CHOOSE MARKETS AND JURISDICTIONS TO CONDUCT BUSINESS, AND MAY RESTRICT OR REJECT, IN ITS SOLE DISCRETION, THE PROVISION OF ERB CAPITAL SERVICES IN CERTAIN COUNTRIES OR REGIONS.

1. About ERB Capital

As an important part of ERB Capital ecosystem, ERB Capital primarily operates as a global online platform for Digital Asset trading and provides users with a trading platform, financing services, technical services and other services related to Digital Assets. As detailed below in Article 3, Users must register and open an account with ERB Capital and deposit Digital Assets into their account before trading. Users may, subject to the restrictions set out in these Conditions, request the withdrawal of Digital Assets.

Although ERB Capital is committed to maintaining the accuracy of the information provided through ERB Capital Services, ERB Capitalcannot and does not guarantee its accuracy, applicability, reliability, completeness, performance or suitability, nor will ERB Capital be liable for any loss or damage that may arise. caused directly or indirectly by the use of these contents. Information on ERB Capital Services may change without notice, and the primary purpose of providing such information is to help Users make independent decisions. ERB Capital does not provide investment advice or consulting of any kind, and is not responsible for the use or interpretation of information on ERB Capital or any other media. All Users of ERB Capital Services should understand the risks involved in trading Digital Assets and are advised to trade prudently and responsibly within their own capabilities.

1. ERB Capital account registration and requirements
2. Record

All Users must apply for a ERB Capital account at ( https://cfd.erbcapital.com/register ) before using ERB Capital services. When registering ERB Capital account, you must provide the information identified in this Article 3 or as otherwise requested by ERB Capital, and agree to these Terms, the Privacy Policy and other ERB Capital Platform Rules. ERB Capital may refuse, at its discretion, to open ERB Capital Account for you. You agree to provide complete and accurate information when opening ERB Capital account, and you agree to promptly update any information you provide to ERB Capital to maintain the completeness and accuracy of the information. Each User (natural or legal person) can maintain only one main account at a time. However, Users may open one or more sub-accounts under the main account with the consent of ERB Capital. For certain ERB Capital Services, you may be required to set up a specific account separate from your ERB Capital Account, depending on the provisions of these Terms or the Supplemental Terms. The registration, use, protection and management of trading accounts are equally governed by the provisions of this Clause and Clause VI, unless otherwise indicated in these Conditions or in the Supplementary Conditions.

1. Eligibility

By registering to use ERB Capital Account, you represent and warrant that (i) as an individual, you are at least 18 years old or of legal age to form a binding contract under applicable laws; (ii) as a natural person, legal entity or other organization, you have full legal capacity and sufficient authorizations to accept these Conditions; (iii) you have not previously been suspended or terminated from using the ERB Capital Platform or ERB Capital Services; (iv) you do not have a current ERB Capital Account; (v) is not a resident, is located in or otherwise seeks to access  ERB Capital  Platform or the ERB Capital Services from, or acts on behalf of, a natural or legal person who is resident or located in a Restricted Location. For the purposes hereof, a “Restricted Location” shall include the United States, Malaysia, Canada, the Netherlands and other locations designated by ERB Capital operators where applicable as a “Restricted Location”; (vi) if you are acting as an employee or representative of a legal entity, and accept these Terms on its behalf, you represent and warrant that you have all necessary rights and authorizations to bind the legal entity and to access and use ERB Capital Platform and ERB Capital Services on behalf of the legal entity; and (vii) your use of ERB Capital Platform and ERB Capital Services will not violate any laws and regulations that apply to you, such as anti-money laundering, anti-corruption, and counter-terrorism financing regulations. .

There are legal requirements in several countries that may restrict the products and services that ERB Capital Traders can legally offer. As a result, some products and services and certain features of the ERB Capital Platform may not be available or may be restricted in certain jurisdictions or regions or to certain users. You are responsible for informing yourself of and adhering to any restrictions and/or requirements imposed with respect to your access to and use of ERB Capital Platform and ERB Capital Services in each country from which you access ERB Capital Platform and ERB Capital Services or in your country. name. ERB Capital Operators reserve the right to change, modify or impose additional restrictions regarding access and use of ERB Capital Platform and ERB Capital Services at its discretion at any time without prior notice.

1. User identity verification

Your registration for an account with ERB Capital will be deemed your agreement to provide personal information necessary for identity verification. The information will be used to verify the identity of Users, identify traces of money laundering, terrorist financing, fraud and other financial crimes through ERB Capital, or for other legitimate purposes established by ERB Capital. We will collect, use and share information in accordance with our Privacy Policy. In addition to providing the information, you agree to allow us to maintain a record of the information for the period for which your account is active and for five (5) years following the closure of your account, in accordance with global industry standards in data storage matter. You also authorize us to conduct necessary investigations directly or through a third party to verify your identity or protect you and/or us from financial crimes, such as fraud. The information we require to verify your identity may include, but is not limited to, your name, email address, contact information, phone number, username, government-issued identification, date of birth, and other information collected during account registration. By providing the necessary information, you confirm that it is true and accurate. AFTER REGISTRATION, YOU SHOULD ENSURE THAT THE INFORMATION IS TRUE, COMPLETE, AND IS TIMELY UPDATED WHEN CHANGED. IF THERE ARE REASONS TO BELIEVE THAT THE INFORMATION YOU HAVE PROVIDED IS INCORRECT, FALSE, OBSOLETE OR INCOMPLETE, ERB CAPITAL RESERVES THE RIGHT TO SEND YOU A NOTICE TO REQUEST RECTIFICATION, DIRECTLY DELETE THE RELEVANT INFORMATION AND, AS APPLICABLE, TERMINATE ALL OR PART OF ERB CAPITAL SERVICES WE PROVIDE. IF WE ARE UNABLE TO CONTACT YOU USING THE CONTACT INFORMATION YOU PROVIDED US, YOU WILL BE FULLY RESPONSIBLE FOR ANY LOSS OR EXPENSES CAUSED TO ERB CAPITAL DURING YOUR USE OF ERB CAPITAL SERVICES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE AN OBLIGATION TO UPDATE ALL INFORMATION IF ANY CHANGES OCCUR. BY REGISTERING AN ACCOUNT, YOU AUTHORIZE ERB CAPITAL TO CONDUCT INVESTIGATIONS THAT ERB CAPITAL DEEMS NECESSARY, EITHER DIRECTLY OR THROUGH A THIRD PARTY, TO VERIFY YOUR IDENTITY OR TO PROTECT YOU, OTHER USERS AND/OR ERB CAPITAL FROM FRAUD OR OTHER FINANCIAL CRIMES, AND TO TAKE THE NECESSARY MEASURES BASED ON THE RESULTS OF THE INVESTIGATIONS. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOUR PERSONAL INFORMATION MAY BE DISCLOSED TO CREDIT AGENCIES AND AGENCIES FOR THE PREVENTION OF FRAUD OR THE PREVENTION OF FINANCIAL CRIME, IN RESPONSE TO OUR INVESTIGATIONS.

1. Account usage requirements

Only the account registrant can use ERB Capital account. ERB Capital reserves the right to suspend, freeze or terminate the use of ERB Capital Accounts by persons other than those who register for the account. If you suspect or become aware of any unauthorized use of your username and password, you must notify ERB Capital immediately. ERB Capital assumes no liability for any loss or damage arising from the use of ERB Capital Account by you or any third party with or without your authorization.

and. Account Security

ERB Capital is committed to maintaining the security of funds entrusted by the User and has implemented industry standard protection for ERB Capital Services. However, the actions of individual Users may pose risks. You agree to treat your access credentials (such as username and password) as confidential information and not to disclose the information to third parties. You also agree to be solely responsible for taking appropriate security measures to protect your ERB Capital Account and personal information.

You shall be solely responsible for keeping your ERB Capital account and password secure, as well as all transactions under your ERB Capital account. ERB Capital does not assume any responsibility for any loss or consequences caused by the authorized or unauthorized use of your account credentials, including but not limited to the disclosure of information, disclosure of information, consent or submission of various rules and agreements by clicking on the website, online agreement renewal, etc.

By creating ERB Capital account, you agree that:

Yo. You will notify ERB Capital immediately if you become aware of any unauthorized use of your ERB Capital account and password or any other violation of security regulations;

1. You will strictly adhere to all ERB Capital mechanisms or procedures regarding security, authentication, trading, cashing out and withdrawal;

iii. You will take appropriate steps to log out of ERB Capital at the end of each visit.

III. ERB Capital Services

After completing the registration and identity verification of your ERB Capital Account, you can use various ERB Capital Services, including spot trading, fiat services, trading, leveraged trading, ERB Capital savings services, holdings, acquiring market-related data, research and other information published by ERB Capital, participating in User activities conducted by ERB Capital, etc., in accordance with the provisions of these Terms (including ERB Capital Platform Rules and other individual agreements). ERB Capital has the right to:

1. Provide, modify or terminate, at its discretion, any ERB Capital Services based on its development plan; and
2. Allow or prohibit the use by some Users of any ERB Capital Services in accordance with the relevant rules of ERB Capital Platform.

ERB Capital has the exclusive authority to determine the Digital Assets listed on the platform and may add or remove Digital Assets from the platform at its sole discretion. If you maintain platform-excluded Digital Assets in your ERB Capital Account beyond a specific period that will be notified to you, ERB Capital may, at its discretion, convert such Digital Assets into a different type of Digital Asset that is a stable cryptocurrency. ERB Capital may also change the order size available for each Digital Asset. With respect to such additions, deletions or modifications, ERB Capital may, but shall not be obligated to, notify Users in advance. ERB Capital will notify you in advance of any conversion of Excluded Digital Assets and you will always have the opportunity, during a period to be specified by ERB Capital, to withdraw Excluded Digital Assets before they are converted into a stable cryptocurrency. ERB Capital will have no liability to Users in relation to the additions, deletions or modifications described in this clause.

1. Service Use Guidelines
2. License

Subject to your continued compliance with the express conditions set forth in these Terms, ERB Capital grants you a revocable, limited, royalty-free, non-exclusive, non-transferable, non-sublicensable license to access and use ERB Capital Services through your computer or devices. Internet compatible for your personal/internal purposes. You are prohibited from using ERB Capital Services for commercial or reselling purposes, including transactions on behalf of other individuals or legal entities. All of the foregoing actions are expressly prohibited and constitute a material breach of these Terms. The content design, format, function and access rights in relation to ERB Capital services shall be determined at the discretion of ERB Capital.ERB Capital reserves all rights not expressly granted in these Terms. Therefore, you are hereby prohibited from using the ERB Capital Services in any manner not expressly authorized by these Terms.

These Terms grant you only a limited license to access and use ERB Capital Services. Therefore, you agree that when you use ERB Capital Services, ERB Capital does not transfer the ERB Capital Services or the ownership or intellectual property rights in any ERB Capital intellectual property to you or any other person. Texts, graphics, user interfaces, visual interfaces, photos, sounds, process flow diagrams, computer codes (including html code), programs, software, products, information and documents, as well as the design, structure, selection, coordination, expression, appearance and arrangement of the content included in the services or provided through ERB Capital  Services, are exclusively owned, controlled and/or licensed by ERB Capital Operators or their members, parents, licensors or affiliates.

ERB Capital owns any comments, suggestions, ideas or other information or materials (collectively “Feedback”) on the ERB Capital Services or ERB Capital that you provide via email, ERB Capital Services or other forms. You hereby transfer to ERB Capital all rights in the Feedback, as well as all intellectual property rights related to ERB Capital. You have no right to, and waive any request for acknowledgment or compensation based on the Feedback, or any modifications based on the Feedback.

1. Restriction

By using the ERB Capital Services, you accept and agree to be bound by the following provisions:

Yo. While using the ERB Capital Services, all activities you carry out must comply with the requirements of applicable laws and regulations, these Terms and ERB Capital guidelines;

1. Your use of the ERB Capital Services must not be contrary to public interests, public morals or the legitimate interests of others, including actions that interfere with, disrupt, negatively affect or prohibit other Users from using the ERB Capital Services. ERB Capital;

iii. You will not use the Services for market manipulation (such as pump and dump schemes, wash trading, auto-trading, forward trading, quote stuffing, rerouting or layering, whether prohibited by law or not);

1. Without written consent from ERB Capital, the following commercial uses of ERB Capital data are prohibited:

1) Trading services that make use of ERB Capital quotes or information 

bulletin board market.

2) Data feed or transmission services that make use of any ERB Capital market data.

3) Any other websites/apps/services that charge for or benefit (including through advertising or referral fees) from market data obtained from ERB Capital.

1. Without the prior written consent of ERB Capital, you may not modify, replicate, duplicate, copy, download, store, transmit, broadcast, transfer, disassemble, publish, remove or alter any copyright statement or label, or license, sublicense, sell, duplicate, design, rent, lease, label, grant security interests in the properties or any part of the properties or create derivative works thereof or otherwise take advantage of any part of the properties.

saw. You may not (i) use any deep linking, web spiders, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual process to access, obtain, copy or monitor any part of the Properties , or replicate or bypass the navigational structure or presentation of ERB Capital Services in any way, in order to obtain or attempt to obtain any materials, documents or information in any way not purposely provided through ERB Capital Services. ERB Capital; (ii) attempt to access any part or feature of the Properties without authorization, or connect to  ERB Capital Services or any ERB Capital server or any other system or network of any ERB Capital Services provided through the Services by hacking, mining passwords or any other illegal or prohibited means; (iii) probe, scan or test the vulnerabilities of ERB Capital Services or any network connected to the Properties, or breach any security or authentication measures of ERB Capital Services or any network connected to ERB Capital Services; (iv) reverse lookup, trace, or search for information on any other User or visitor to ERB Capital Services; (v) take any action that imposes an unreasonable or disproportionate load on the systems or network infrastructure of ERB Capital Services or ERB Capital, or the infrastructure of any system or network connected to ERB Capital Services; (vi) use any device, software or routine program to interfere with the normal operation of ERB Capital Services or any transaction on ERB Capital Services, or any other person’s use of ERB Capital Services; (vii) forge headers, spoof or otherwise manipulate identification in order to disguise your identity or the origin of any message or transmission you send to ERB Capital , or (viii) use ERB Capital Services in an unlawful manner.

By accessing ERB Capital Services, you agree that ERB Capital has the right to investigate any breach of these Terms, unilaterally determine whether you have breached these Terms, and take action under the relevant regulations without your consent or prior notice, namely:

1. Block and close order requests;
2. Freeze your account;
3. Report the incident to the authorities;
4. Publish the alleged non-compliance and the actions that have been taken;
5. Delete any published information that is considered a breach.
6. Spot Operations

By using Spot Transactions, you acknowledge and agree that you have read, understood and agreed to the Spot Transactions Terms of Use, which shall apply to all Spot Transactions (as that term is defined in the Terms of Use). of Spot Operations).

1. Fiat Services

3.1 By accepting these Conditions, you acknowledge and agree that:

You have read, accepted and will comply with these Terms, the Legal Notice, the Privacy Policy and any other ERB Capital Platform Rules related to the Fiat Services;

ERB Capital may partner with any Fiat Partner and, if applicable, will open an account with the Fiat Partner by completing the registration and identity verification applicable to that account, and will accept any user agreements, conditions, policies and procedures or similar documents of any Fiat Partner;

Payments denominated in any Fiat currency and made in connection with the Fiat Services cannot be cancelled, recovered or refunded, and any chargeback request in connection with the Fiat Services involving a Fiat Partner will be subject to the policies and procedures of that Fiat Partner.

3.2 Yes:

(a) you are resident or located in an EEA jurisdiction or the United Kingdom, then all Fiat Services will be provided to you by Bifinity UAB; either

(b) you use any Fiat Services, which involves a debit or credit card, then (regardless of your residence or location) the Fiat Services will be provided to you by Bifinity Bitfi Technology Limited. .

In each case you will be asked to read, accept and comply with the Conditions of Use and Privacy Policy of the service provided and general terms.  

1. Futures Transactions

Unless otherwise specified by ERB Capital , to carry out Futures Transactions, you must enter into a separate ERB Capital Futures Services Agreement  a nd open a special Escrow Account, after completing the registration and identity verification of your ERB Capital account. You acknowledge and agree that:

1. You fully understand the high risks of Futures Transactions, including, but not limited to, the risk of large fluctuations of digital assets in Futures Transactions, and the risk of an exacerbated adverse outcome when leverage is used;
2. You have sufficient investment knowledge and experience and the ability to assume risks arising from the Futures Transactions, and you agree to independently assume all risks arising from the investment of the Futures Transactions;
3. Before engaging in Futures Transactions, you have read and understood the entire contents of the ERB Capital Futures Services Agreement and the relevant ERB Capital Platform Rules, and have consulted relevant professionals to make informed decisions about whether and how to complete Futures Transactions. Futures in accordance with its recommendations and its own reasonable judgment;
4. You agree and authorize ERB Capital to take various reasonable measures at its discretion (including but not limited to forced liquidation and forced position reduction under specific circumstances) in accordance with ERB Capital Futures Service Agreement and ERB Capital Platform Rules. ERB Capital relevant to protect your legitimate interests, those of ERB Capital and those of other users.
5. Options Transactions 

Before transacting Options products through ERB Capital (the “Options Transactions”), you acknowledge and agree that:

1. You fully understand the high risks of Options Transactions, including, but not limited to, the risk of large fluctuations of the digital assets in Options Transactions, and the risk of an exacerbated adverse outcome when leverage is used;
2. You have sufficient investment knowledge and experience and the ability to assume risks arising from the Options Transactions, and you agree to independently assume all risks arising from the investment of the Options Transactions;
3. Before conducting Options Transactions, you have read and understood, and agree to be bound by, the terms of ERB Capital Options Service Agreement and all relevant ERB Capital Platform Rules, which shall supplement these Terms of Use, and have consulted professionals relevant to you to make informed decisions about whether and how to complete Options Transactions in accordance with your recommendations and your own reasonable judgment;
4. You agree and authorize ERB Capital to take various reasonable measures at its discretion (including but not limited to forced liquidation and forced position reduction under specific circumstances) in accordance with ERB Capital Options Service Agreement and Platform Rules. of ERB Capital to protect your legitimate interests, those of ERB Capital and those of other Users.
5. Margin Transactions

By using the Margin Services, you acknowledge and represent that you have read, understood and agreed to the “Margin Services Terms of Use,” which shall apply to all Margin Services (as defined in the Margin Terms of Use). Margin Services).

1. Loan Services

Unless otherwise indicated by ERB Capital , to borrow coins, you must enter into a separate Lending Services User Agreement with ERB Capital and open a special Escrow Account and/or complete other relevant procedures, after completing registration and verification. identity of your ERB Capital Account. You understand and agree that:

1. There are considerable risks in lending services, including, but not limited to, risks of fluctuation in the value of digital assets lent, derivative risks, and technical risks. You must carefully consider and exercise clear judgment in evaluating your financial situation and the aforementioned risks in making any decision regarding the use of the Loan Services, and you will be responsible for all losses arising therefrom;
2. You will cooperate in providing information and materials related to identity verification and Lending Services as required by ERB Capital , and will be solely responsible for taking necessary security measures to protect the security of your Escrow Account and personal information. ;
3. You must carefully read the relevant ERB Capital Platform Rules before using the Lending Services, and be aware of, understand and observe the specific information and rules relating to the operations of the Lending Services, and you further agree that the use of the borrowed assets complies with the requirements of these Conditions and related laws and regulations;
4. ERB Capital has the full right to manage your Collateral Account and its collateral during the period in which the Lending Services are offered, and reserves the right, under the circumstances specified in the Lending Services User Agreement or in these Conditions to implement various risk control measures, such as forced liquidation. This may result in significant losses to you and you will be solely responsible for the results of such measures;

and. ERB Capital has the right to temporarily or permanently prohibit you from using the Lending Services as it deems necessary or reasonable, and to the maximum extent permitted by law, without liability to you.

1. ERB Capital Savings Service

ERB Capital offers a savings service to provide Users with value-added services for their idle digital assets. To use ERB Capital Savings Service, you must enter into ERB Capital Savings Service User Agreement with ERB Capital (en/support/faq/bc5978ba2ac2456cbb91d13860d36134) and open a special ERB Capital Savings Service account, after completing registration and identity verification of your ERB Capital account. When using ERB Capital savings service, you should keep in mind that:

1. ERB Capital savings assets will be used in cryptocurrency leveraged lending and other businesses.
2. When you use ERB Capital Savings Service, you unconditionally authorize ERB Capital to distribute and grant the leveraged interest in accordance with ERB Capital Platform Rules.
3. You must comply with relevant laws and regulations to ensure that the sources of Digital Assets are legitimate and compliant when using ERB Capital savings service.
4. When using ERB Capital savings service, you should fully recognize the risks of investing in Digital Assets and operate with caution.

and. You agree that all investment transactions made on ERB Capital represent your true investment intentions and you unconditionally accept the potential risks and rewards of your investment decisions.

1. ERB Capital reserves the right to suspend or cancel ERB Capital Savings Service. If necessary, ERB Capital may suspend and terminate ERB Capital Savings Service at any time.
2. Due to network delay, computer system failure and other cases of force majeure, which may result in the delay, suspension, termination or deviation of the execution of ERB Capital Savings Service, ERB Capital will use reasonable efforts to ensure, without promising, that ERB Capital Savings Service execution system runs stably and efficiently. ERB Capital assumes no responsibility if the final execution does not match your expectations due to the above factors.
3. Participation Programs

ERB Capital will from time to time launch specific Digital Currency staking programs to reward, according to certain rules, users who hold Digital Currencies in their ERB Capital Accounts. When participating in participation programs, you should be aware that:

1. Unless otherwise stipulated by ERB Capital , the Participation Programs are free and Users may trade during the participation period;
2. ERB Capital does not guarantee profits to Users under any Participation Program;
3. ERB Capital has the right to start or end the Staking Program for any digital currency or modify the rules of the programs at its sole discretion;
4. Users shall ensure that the origin of the Digital Currencies held in ERB Capital Accounts is legitimate and undertake to comply with related laws and regulations. Otherwise, ERB Capital has the right to take necessary measures in accordance with these Terms or ERB Capital Platform Rules, such as freezing ERB Capital accounts or deducting Digital Currencies awarded to Users who violate the rules of ERB Capital Platform. respective Participation Programs.
5. ERB Capital Point of Sale Service Agreement
6. ERB Capital.com launched ERB Capital Point of Sale Service so that ERB Capital .com users can earn profits through idle cryptocurrency assets.
7. ERB Capital POS assets will be used in cryptocurrency pegging for profit and other businesses.
8. By using the ERB Capital POS service, you unconditionally authorize ERB Capital .com to distribute staking in accordance with the platform’s rules.
9. You must comply with relevant State laws to ensure the legitimate origin of assets when using the ERB Capital POS service.

and. When using the ERB Capital POS service, you should fully recognize the risks involved in investing in cryptocurrencies and operate with caution.

1. You agree that all investment transactions made on ERB Capital .com represent your true investment intentions and you unconditionally accept the potential risks and rewards of your investment decisions.
2. ERB Capital .com reserves the right to suspend or terminate ERB Capital POS service. If necessary, ERB Capital .com may suspend and terminate the ERB Capital POS service at any time.
3. Due to network delay, computer system failure and other force majeure, which may result in the delay, suspension or alteration of the execution of ERB Capital POS service, ERB Capital.com will use reasonable efforts commercially reasonable to ensure, without promising, that ERB Capital Point of Sale Service execution system runs stably and efficiently. ERB Capital.com assumes no responsibility if the final performance does not match your expectations due to the above factors.

1. ERB Capital Conversion Services

The Conversion Services allow Users to buy and sell Digital Assets based on prices provided by ERB Capital . Before transacting on the Conversion Services, you acknowledge and agree that you have read, understood and agreed to the Terms of Use of the Conversion Services.

1. ERB Capital Leveraged Tokens

Before transacting in ERB Capital Leveraged Tokens, you acknowledge and agree that you have read, understood and agreed to each of  ERB Capital Leveraged Tokens Risk Disclosure Statements and ERB Capital Leveraged Tokens Agreement, which shall be applicable to all transactions. subscriptions, redemptions and transactions in ERB Capital Leveraged Tokens (as defined in ERB Capital Leveraged Tokens Agreement).

1. ERB Capital OTC

If agreed with ERB Capital , you may be permitted to receive certain over-the-counter (OTC) services with respect to bilateral transactions in Digital Assets, which services will be subject to ERB Capital OTC Terms.

You agree to be bound by ERB Capital OTC Terms with respect to all OTC Services provided to you through the agreed Communication Channels (as each term is defined in ERB Capital OTC Terms).

1. Responsibilities
2. Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,ERB CAPITAL SERVICES, ERB CAPITAL MATERIALS AND ANY PRODUCTS, SERVICES OR ANY OTHER ITEMS PRESENTED BY OR ON BEHALF OF ERB CAPITAL ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ”, AND ERB CAPITAL EXPRESSLY DISCLAIMS, AND YOU HEREBY WAIVE, ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING COURSE OF PERFORMANCE, COURSE OF DEALING OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, ERB CAPITAL DOES NOT REPRESENT OR WARRANT THAT THE SITE, ERB CAPITAL SERVICES OR ERB CAPITAL MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ERB CAPITAL DOES NOT GUARANTEE THAT AN ORDER WILL BE EXECUTED, ACCEPTED, REGISTERED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS REPRESENTATIONS, AGREEMENTS AND RULES SET FORTH IN THESE TERMS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER REPRESENTATIONS OR AGREEMENTS, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE OF AND ACCESS TO ERB CAPITAL SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT ERB CAPITAL SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATED TO: (A) AN INACCURACY, DEFECT OR OMISSION OF DIGITAL ASSET PRICE DATA, (B) AN ERROR OR DELAY IN TRANSMISSION OF DATA, (C) AN INTERRUPTION OF DATA, (D) REGULAR OR UNSCHEDULED MAINTENANCE PERFORMED BY ERB CAPITAL AND INTERRUPTION AND CHANGE OF SERVICE RESULTING FROM SUCH MAINTENANCE, (E) DAMAGE INCURRED BY ACTIONS, OMISSIONS OR BREACHES OF THESE TERMS BY OTHER USERS, (F) DAMAGE CAUSED BY ILLEGAL ACTIONS OF THIRD PARTIES OR ACTIONS WITHOUT AUTHORIZATION BY ERB CAPITAL ; AND (G) OTHER WAIVERS MENTIONED IN THE DISCLAIMERS AND PLATFORM RULES ISSUED BY ERB CAPITAL .

THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY TO THE EXTENT PROHIBITED BY THE APPLICABLE LAW OF YOUR JURISDICTION OF RESIDENCE.

1. Disclaimer of damages and limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ERB CAPITAL , ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS WILL BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL DAMAGES OR LIABILITY OR THE LIKE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESS OR FINANCIAL BENEFITS) ARISING OUT OF ERB CAPITAL SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF ERB CAPITAL SERVICES, OR ANY OTHER PRODUCT , SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF ERB CAPITAL AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTORY, TORT OR OTHER THEORY EVEN IF ERB CAPITAL HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, EXCEPT IN THE EVENT WHICH A FINAL COURT RULING RESOLVES THAT THE DAMAGES ARE THE RESULT OF GROSS FAULT, FRAUD, WILLFUL OR INTENTIONAL FAILURE TO COMPLY WITH THE LAW ON THE PART OF ERB CAPITAL . SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE LIABILITY OF ERB CAPITAL , ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS DERIVE FROM SERVICES OFFERED BY ERB CAPITAL OR ON BEHALF OF ERB CAPITAL AND ITS AFFILIATES , ANY PERFORMANCE OR NON-PERFORMANCE OF ERB CAPITAL SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM, WHETHER UNDER CONTRACT, LAW, LIABILITY OR OTHER THEORY, WILL EXCEED THE AMOUNT OF FEES YOU HAVE PAID TO ERB CAPITAL UNDER THESE CONDITIONS WITHIN THE TWELVE MONTHS PERIOD IMMEDIATELY PRIOR TO THE EVENT WHICH CAUSED THE CLAIM FOR LIABILITY.

1. Compensation

You agree to indemnify and hold harmless ERB Capital Operators, its affiliates, contractors, licensor and their respective directors, officers, employees and agents from and against any and all claims, actions, proceedings, investigations, demands, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of or conduct in connection with ERB Capital Services, (ii) your breach or our enforcement of these Terms, or (iii) ) your failure to comply with applicable laws or regulations or the rights of third parties during your use of ERB Capital Services. If you are required to indemnify ERB Capital Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees or agents under these Terms, ERB Capital shall have the right, in its sole discretion, to control any such action or proceeding. and to determine whether ERB Capital wishes to reconcile and, if so, under what terms.

1. Announcements

Please note that all official announcements, news, promotions, competitions and launches are indicated at https://erbcapital.com/News.html  USERS AGREE TO REFER TO THESE MATERIALS ON A REGULAR AND PROMPT BASIS. ERB CAPITAL WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION IF USERS INCUR PERSONAL LOSSES ARISING FROM IGNORANCE OR NEGLIGENCE OF THE ADVERTISING.

SAW. Termination of Contract

1. Suspension of ERB Capital accounts

You agree that ERB Capital shall have the right to immediately suspend your ERB Capital Account (and any beneficiary accounts owned by related entities or affiliates), freeze or block the Digital Assets or funds in all such accounts, and suspend your access to ERB Capital for any reason, even if ERB Capital suspects that any account is in breach of these Terms, our Privacy Policy, or any applicable laws or regulations. You agree that ERB Capital shall not be liable to you for any permanent or temporary modification to your ERB Capital Account, or suspension or termination of your access to all or any part of ERB Capital Services. ERB Capital reserves the right to retain and use transaction data or other information related to ERB Capital Accounts. The account controls above may also apply if:

1. ERB Capital Account is subject to a government proceeding, criminal investigation or pending litigation;
2. We detect unusual activities on ERB Capital Account;
3. We detect unauthorized access to ERB Capital Account;
4. We are required to do so by a court order or a government/regulatory authority
5. Cancellation of ERB Capital Accounts

In the following cases, ERB Capital will have the right to directly terminate these Terms and cancel your ERB Capital Account, and will have the right but not the obligation to permanently freeze (cancel) the authorizations of your ERB Capital Account on ERB Capital and delete ERB Capital Account correspondent:

1. Once ERB Capital cancels the services for you;
2. If you re-register or are presumed to have re-registered on behalf of another person as ERB Capital User, directly or indirectly;
3. If the information you have provided is false, inaccurate, obsolete or incomplete;
4. If, upon modification of these Conditions, you refuse to accept them and request the cancellation of your ERB Capital Account or by other means;
5. If you request cancellation of ERB Capital Services; and
6. Any other circumstances in which ERB Capital considers that it must terminate its Services.

If your ERB Capital account is terminated, your account and transaction information that complies with data retention standards will be securely stored for 5 years. Additionally, if a transaction has not been completed during the account cancellation process, ERB Capital will have the right to notify its counterparty of the situation at that time. You acknowledge that a user-initiated account exit (right of deletion under GDPR or other equivalent regulations) will also be subject to the cancellation protocol set out above.

If ERB Capital is informed that Digital Assets or funds in your ERB Capital account are stolen or that you are not otherwise the rightful owner, ERB Capital may, but has no obligation to, place an administrative freeze on the funds. affected and their ERB Capital Account. If ERB Capital places an administrative block on some or all of your funds or your ERB Capital Account, ERB Capital may continue the block until the dispute has been resolved and ERB Capital has been provided with evidence of the resolution in a form acceptable to ERB Capital . ERB Capital will not be involved in any dispute or dispute resolution. You agree that ERB Capital shall have no liability whatsoever due to the blocking, or your inability to withdraw Digital Assets or funds or execute trades during the blocking period.

1. Remaining funds after ERB Capital Account cancellation

Except as set forth in Section 4 below, upon closure/cancellation of ERB Capital Account, the remaining account balance (including fees and liabilities owed to ERB Capital) shall be immediately credited to ERB Capital. Upon payment of all outstanding fees to ERB Capital(if any), Users will have 5 business days to withdraw all Digital Assets or funds from the account.

1. Funds remaining after termination of ERB Capital Account due to fraud, violation of law or breach of these Terms

ERB Capital maintains full custody of Digital Assets, funds and User data/information which may be handed over to government authorities in the event of cancellation/closure of ERB Capital Accounts due to fraud investigations, non-compliance investigations or breach of these Conditions.

1. Inactive accounts

Notwithstanding any provision of this Section VI, ERB Capital may provide written notice requiring you to close all of your open positions and withdraw all of your Digital Assets from your ERB Capital Account within 30 days of the notice. In the event of a breach, The Saifedian may, in its sole discretion and without prior notice:

(a) consider your ERB Capital account as an inactive account;

(b) close all your open positions in any ERB Capital products;

(c) convert the Digital Assets to a different class of Digital Assets (for example, from BTC to USDT). For the avoidance of doubt, none of ERB Capital Operators will be liable for any loss of profits, tax liabilities or any other loss, damage or expense incurred as a result of the conversion;

(d) transfer the dormant account (including any Digital Assets held in the account) to an affiliate of ERB Capital Operators, to any third-party depository or to a separate wallet when ERB Capital deems it reasonably necessary. In case the transfer has been completed, you have the right to recover your digital assets in accordance with ERB Capital verification requirements, including know-your-customer (KYC) procedures;

(e) charge a dormant account fee to cover the cost of maintaining assets by ERB Capital Operators, its affiliates or any third party, which will be withdrawn directly from the dormant account on a monthly basis; and

(f) close an inactive account at any time, and ERB Capital will not be liable for any loss, damage or expense incurred as a result of closing an inactive account unless there is fraud or willful misconduct on the part of ERB Capital . The assets of these inactive accounts will be transferred in accordance with literal (d) of section 5 above. After closing an inactive account, you will not be able to reactivate it (i.e. you will need to register a new ERB Capital account if you wish to continue using ERB Capital Services).

VII. Lack of financial advice

ERB Capital is not your broker, dealer, agent or advisor and has no fiduciary relationship or obligation to you in connection with any transactions or other decisions or activities undertaken by you through ERB Capital Services. No communication or information provided to you by ERB Capital is intended to be, nor shall it be considered or construed as, investment advice, financial advice, trading advice or any other advice. Unless otherwise specified in these Terms, all transactions are executed automatically, based on the parameters of your order instructions and in accordance with published transaction execution procedures, and you are solely responsible for decide whether an investment, investment strategy or related transaction is suitable for you based on your personal investment objectives, financial circumstances and risk tolerance, and you will be solely responsible for any resulting losses or liabilities. You should consult legal professionals or prosecutors regarding your specific situation. ERB Capital does not recommend that you buy, receive, sell or hold any Digital Assets. Before making a decision to buy, sell or hold a Digital Asset, you should conduct your own due diligence process and consult your financial advisors before making an investment decision. ERB Capital will not be responsible for any decisions you make regarding buying, selling or holding Digital Assets based on information provided by ERB Capital .

VIII. Compliance with local laws

It is the User’s responsibility to comply with local laws regarding fair use of ERB Capital Services in their local jurisdiction, as well as other laws and regulations applicable to Users. Users should also take into account, to the extent provided by their local laws, all aspects of taxation, withholding, collection, notification and submission to their appropriate tax authorities. ALL USERS OF ERB CAPITAL SERVICES ACKNOWLEDGE AND REPRESENT THAT THEIR FUNDS HAVE A LEGITIMATE ORIGIN AND DO NOT COME FROM ILLEGAL ACTIVITIES; USERS AGREE THAT ERB CAPITAL WILL REQUIRE THEM TO PROVIDE, OR OTHERWISE COLLECT, INFORMATION AND MATERIALS NECESSARY UNDER APPLICABLE LAWS OR DECREES TO VERIFY THE LEGITIMACY OF THE SOURCE AND USE OF THEIR FUNDS.  ERB Capital maintains a cooperative stance with global law enforcement authorities and will not hesitate to seize, freeze and cancel the accounts and funds of Users who are flagged or investigated by legal mandate.

1. Informativa sulla privacy

Access to ERB Capital Services involves the submission of certain personally identifiable information. Please review ERB Capital Privacy Policy at  https://erbcapital.com/Compliance.html  for a summary of ERB Capitalguidelines regarding the collection and use of personally identifiable information.

1. Dispute Resolution: Forum, Arbitration, Class Action Waiver

IT IS IMPORTANT TO READ THIS CLAUSE CAREFULLY, AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BEGIN LEGAL PROCEEDINGS, SUCH AS CLASS ACTIONS.

1. Period for notification of claims and resolution of conflicts. Please contact ERB Capital first. ERB Capital wants to address its concerns without resorting to formal court processes, if possible. If you have a dispute with ERB Capital , please contact ERB Capital and you will be assigned a ticket number. ERB Capital will try to resolve your dispute internally as soon as possible. The parties agree to negotiate in good faith to resolve the dispute (negotiations will remain confidential and will be subject to applicable rules that protect dispute resolution negotiations as evidence in any judicial proceeding).

In the event that the dispute cannot be resolved satisfactorily, and you seek to bring a claim against ERB Capital , you agree to set forth the basis of your claim in writing in a “Notice of Claim”, as prior notice to ERB Capital . The Notice of Claim must: (1) describe the nature and basis of the claim or dispute, (2) state the specific remedy being sought, (3) provide the original ticket number, and (4) include the email address from your ERB Capital account. The Claim Notice must be sent to an email address or hyperlink provided in your correspondence with ERB Capital . After you have provided the Claim Notice to ERB Capital , you or ERB Capital may submit the dispute referred to in the Claim Notice to arbitration in accordance with paragraph 2 of this Clause. For the avoidance of doubt, submitting a dispute to ERB Capital for internal resolution and providing a Notice of Claim to ERB Capital are prerequisites to initiating an arbitration process (or any other process). During the arbitration, the amount of any settlement offer made by you or ERB Capital will not be disclosed to the arbitrator.

1. Arbitration Agreement and Applicable Law.  You and ERB Capital Operators agree that, subject to paragraph 1 above, any controversy, claim or conflict between you and ERB Capital (and/or ERB Capital Operators) arising in connection with these Terms or your relationship with ERB Capital (and/or ERB Capital Operators) as a user of ERB Capital Services (whether based on contract or tort, at law, fraud, misrepresentation or any other legal theory, and whether the claims arise during or after termination of these Conditions) will be determined by final, mandatory, binding and individual (non-class) arbitration, except as set forth below under Exceptions to the Arbitration Agreement. You and ERB Capital Operators further agree that the arbitrator shall have the exclusive power to resolve in accordance with his or her own jurisdiction, including but not limited to any objection to the validity, scope or validity of the Arbitration Agreement, or any claim or counterclaim. Arbitration is more informal than a judicial process. THERE IS NO JUDGE OR JURY IN ARBITRATION AND THE POSSIBILITY OF REVIEW OF AN ARBITRATION AWARD BY A COURT IS LIMITED. There may be a more limited discovery stage than in court. The arbitrator must follow this agreement and can award the same damages as a court (including, if applicable, attorneys’ fees), but the arbitrator cannot make a declaratory judgment or injunctive relief in favor of someone who is not be the parties to the arbitration. The arbitration provisions set forth in this Section shall survive termination of these Terms. Arbitration Rules. The arbitration will be subject to the Arbitration Rules administered by the HKIAC (HKIAC Rules) in effect when the Notice of Arbitration is submitted, as modified in accordance with this Clause. The arbitration will be administered by the Hong Kong International Arbitration Center (HKIAC). Unless otherwise agreed by the parties, only one arbitrator will be appointed in accordance with the HKIAC Rules. The arbitration will be conducted in the English language. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a written decision with sufficient reasoning to explain the essential grounds and conclusions on which the decision and award, if any, are based. JUDGMENT ON AN ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION OVER THE PARTY (OR THE ASSETS OF THE PARTY) AGAINST WHICH THE AWARD IS MADE. Filing Opportunity: ANY ARBITRATION AGAINST ERB CAPITAL OPERATORS MUST BE INITIATED BY SUBMITTING A REQUEST FOR ARBITRATION WITHIN ONE (1) YEAR AFTER THE DATE ON WHICH THE PARTY SUBMITTING THE CLAIM HAS BEEN AWARE OR SHOULD REASONABLY HAVE BEEN AWARE OF THE ACT, OMISSION OR NON-COMPLIANCE GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO REMEDY WITH RESPECT TO A CLAIM NOT CLAIMED WITHIN THAT PERIOD. THE ONE-YEAR LIMITATION PERIOD INCLUDES THE INTERNAL DISPUTE RESOLUTION PROCEDURE ESTABLISHED IN PARAGRAPH 1 OF THIS CLASU. THERE SHALL BE NO RIGHT TO REMEDY WITH RESPECT TO A CLAIM NOT CLAIMED WITHIN THAT PERIOD. If applicable law prohibits a one-year statute of limitations for filing claims, the claim must be filed within the shortest period permitted by applicable law. Process; Notices: A party intending to initiate arbitration after the expiration of the dispute resolution period set forth in paragraph 1 above must submit a request to the HKIAC in accordance with the HKIAC Rules. If we initiate arbitration against you, we will notify you at the email address or postal address you have provided. You agree that any notice sent to this email or postal address will be considered effective for all purposes, including, but not limited to, resolutions regarding adequacy of service. It is your obligation to ensure that the email address and/or postal address that you have provided to ERB Capital is up to date and accurate. Seat of Arbitration: The seat of arbitration will be Hong Kong. Location of Hearing: The location of any in-person arbitration hearing will be Hong Kong, unless otherwise agreed by the parties. Governing Law: These Terms (including this Arbitration Agreement) shall be governed by and construed in accordance with the laws of Hong Kong. Confidentiality: The parties agree that the arbitration will remain confidential. The existence of the arbitration, any non-public information provided in the arbitration, and any writing, resolution or award made in connection with the arbitration (collectively, the “Confidential Information”) will not be disclosed to any third party except the court, the HKIAC, the parties, their lawyers, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to carry out the arbitration. Without limiting the foregoing, a party may disclose Confidential Information to the extent necessary to perform a duty, protect or pursue a right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision will survive termination of these Terms and any arbitration conducted in accordance with these Terms. THERE SHALL BE NO RIGHT TO REMEDY WITH RESPECT TO A CLAIM NOT CLAIMED WITHIN THAT PERIOD. If applicable law prohibits a one-year statute of limitations for filing claims, the claim must be filed within the shortest period permitted by applicable law. Process; Notices: A party intending to initiate arbitration after the expiration of the dispute resolution period set forth in paragraph 1 above must submit a request to the HKIAC in accordance with the HKIAC Rules. If we initiate arbitration against you, we will notify you at the email address or postal address you have provided. You agree that any notice sent to this email or postal address will be considered effective for all purposes, including, but not limited to, resolutions regarding adequacy of service. It is your obligation to ensure that the email address and/or postal address that you have provided to ERB Capital is up to date and accurate. Seat of Arbitration: The seat of arbitration will be Hong Kong. Location of Hearing: The location of any in-person arbitration hearing will be Hong Kong, unless otherwise agreed by the parties. Governing Law: These Terms (including this Arbitration Agreement) shall be governed by and construed in accordance with the laws of Hong Kong. Confidentiality: The parties agree that the arbitration will remain confidential. The existence of the arbitration, any non-public information provided in the arbitration, and any writing, resolution or award made in connection with the arbitration (collectively, the “Confidential Information”) will not be disclosed to any third party except the court, the HKIAC, the parties, their lawyers, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to carry out the arbitration. Without limiting the foregoing, a party may disclose Confidential Information to the extent necessary to perform a duty, protect or pursue a right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision will survive termination of these Terms and any arbitration conducted in accordance with these Terms. THERE SHALL BE NO RIGHT TO REMEDY WITH RESPECT TO A CLAIM NOT CLAIMED WITHIN THAT PERIOD. If applicable law prohibits a one-year statute of limitations for filing claims, the claim must be filed within the shortest period permitted by applicable law. Process; Notices: A party intending to initiate arbitration after the expiration of the dispute resolution period set forth in paragraph 1 above must submit a request to the HKIAC in accordance with the HKIAC Rules. If we initiate arbitration against you, we will notify you at the email address or postal address you have provided. You agree that any notice sent to this email or postal address will be considered effective for all purposes, including, but not limited to, resolutions regarding adequacy of service. It is your obligation to ensure that the email address and/or postal address that you have provided to ERB Capital is up to date and accurate. Seat of Arbitration: The seat of arbitration will be Hong Kong. Location of Hearing: The location of any in-person arbitration hearing will be Hong Kong, unless otherwise agreed by the parties. Governing Law: These Terms (including this Arbitration Agreement) shall be governed by and construed in accordance with the laws of Hong Kong. Confidentiality: The parties agree that the arbitration will remain confidential. The existence of the arbitration, any non-public information provided in the arbitration, and any writing, resolution or award made in connection with the arbitration (collectively, the “Confidential Information”) will not be disclosed to any third party except the court, the HKIAC, the parties, their lawyers, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to carry out the arbitration. Without limiting the foregoing, a party may disclose Confidential Information to the extent necessary to perform a duty, protect or pursue a right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision will survive termination of these Terms and any arbitration conducted in accordance with these Terms. We will notify you at the email address or postal address you have provided. You agree that any notice sent to this email or postal address will be considered effective for all purposes, including, but not limited to, resolutions regarding adequacy of service. It is your obligation to ensure that the email address and/or postal address that you have provided to ERB Capital is up to date and accurate. Seat of Arbitration: The seat of arbitration will be Hong Kong. Location of Hearing: The location of any in-person arbitration hearing will be Hong Kong, unless otherwise agreed by the parties. Governing Law: These Terms (including this Arbitration Agreement) shall be governed by and construed in accordance with the laws of Hong Kong. Confidentiality: The parties agree that the arbitration will remain confidential. The existence of the arbitration, any non-public information provided in the arbitration, and any writing, resolution or award made in connection with the arbitration (collectively, the “Confidential Information”) will not be disclosed to any third party except the court, the HKIAC, the parties, their lawyers, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to carry out the arbitration. Without limiting the foregoing, a party may disclose Confidential Information to the extent necessary to perform a duty, protect or pursue a right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision will survive termination of these Terms and any arbitration conducted in accordance with these Terms. We will notify you at the email address or postal address you have provided. You agree that any notice sent to this email or postal address will be considered effective for all purposes, including, but not limited to, resolutions regarding adequacy of service. It is your obligation to ensure that the email address and/or postal address that you have provided to ERB Capital is up to date and accurate. Seat of Arbitration: The seat of arbitration will be Hong Kong. Location of Hearing: The location of any in-person arbitration hearing will be Hong Kong, unless otherwise agreed by the parties. Governing Law: These Terms (including this Arbitration Agreement) shall be governed by and construed in accordance with the laws of Hong Kong. Confidentiality: The parties agree that the arbitration will remain confidential. The existence of the arbitration, any non-public information provided in the arbitration, and any writing, resolution or award made in connection with the arbitration (collectively, the “Confidential Information”) will not be disclosed to any third party except the court, the HKIAC, the parties, their lawyers, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to carry out the arbitration. Without limiting the foregoing, a party may disclose Confidential Information to the extent necessary to perform a duty, protect or pursue a right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision will survive termination of these Terms and any arbitration conducted in accordance with these Terms. insurers and reinsurers, and any other person necessary to carry out the arbitration. Without limiting the foregoing, a party may disclose Confidential Information to the extent necessary to perform a duty, protect or pursue a right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision will survive termination of these Terms and any arbitration conducted in accordance with these Terms. insurers and reinsurers, and any other person necessary to carry out the arbitration. Without limiting the foregoing, a party may disclose Confidential Information to the extent necessary to perform a duty, protect or pursue a right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision will survive termination of these Terms and any arbitration conducted in accordance with these Terms.
2. Waiver of Class Action Lawsuits.  You and ERB Capital agree that any claim relating to these Terms or your relationship with ERB Capital as a user of ERB Capital Services (whether in contract, tort, statute, fraud, misrepresentation or any other legal theory, and whether claims arise during the term or after termination of these Terms) will be brought against the other party in arbitration on an individual basis only and not as part of a class action. You and ERB Capital further agree to waive any right to have such claims resolved or arbitrated as a class action, or on a representative or private attorney basis, to the extent permitted by applicable law. It is not permitted to combine or consolidate individual arbitrations into a single arbitration without the consent of all parties, including ERB Capital .
3. Modifications. ERB Capital reserves the right to update, modify, revise, suspend or make future changes to Clause X in relation to the parties’ Arbitration Agreement, in accordance with applicable law. You hereby consent and agree that it is your responsibility to ensure that your understanding of this Clause is current. Under applicable law, your continued use of your ERB Capital account will be deemed your acceptance of any modification to Clause X with respect to the parties’ Arbitration Agreement. You agree that if you object to the amendments to Clause X, ERB Capital may block access to your account pending closure of your account. In such circumstances, the Terms of Use prior to the modification will remain in full force and effect until the closure of your account.
4. Divisibility. If any part of these Terms is held invalid or unenforceable for any reason or to any extent, the remainder of these Terms will remain valid and enforceable and the invalid or unenforceable portion will be enforced to the fullest extent permitted by law, pending closing. of your account.
5. Miscellaneous provisions
6. Independent parts.  ERB Capital is an independent contractor and not an agent in compliance with these Terms. These Terms shall not be construed as facts or evidence of any partnership, joint venture, partnership or franchise between the parties.
7. Integrity of the contract.  These Terms constitute the entire agreement between the parties regarding the use of ERB Capital Services and shall supersede all prior oral or written agreements between the parties. No trade custom or other customary practice or method of dealing between the parties will be used to modify, interpret, supplement or alter the Conditions arising hereunder.
8. Interpretation and review.  ERB Capital reserves the right to modify, revise and/or alter these Terms at any time. All changes will be effective immediately upon posting on ERB Capital websites. It is your responsibility to regularly check the relevant pages of our websites/apps to confirm the latest version of these Terms. If you do not agree to the modifications, your sole recourse is to terminate your use of the ERB Capital Services and cancel your account. You agree that, unless expressly provided otherwise in these Terms, ERB Capital shall not be liable for any modification or termination of ERB Capital Services by you or any third party, or for the suspension or termination of your access to ERB Capital Services. .
9. Language and Translations. These Terms may, in ERB Capital sole and absolute discretion, be translated into other languages. You agree that such translation will be for convenience purposes only and that the Spanish language wording will prevail in the event of any ambiguity, discrepancy or omission between the Spanish text and its translation into another language.
10. Force majeure.  ERB Capital shall not be liable for any delay or failure to comply with these Terms due to any cause or condition beyond ERB Capital reasonable control.
11. Divisibility. If any part of these Terms is held invalid or unenforceable, the invalidity or unenforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable part will be enforced to the greatest extent possible.
12. Transfer.  You may not assign or transfer any rights to use the ERB Capital Services or any of your rights or obligations under these Terms without the prior written consent of ERB Capital , including any rights or obligations related to the application of laws or change of control. ERB Capital may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or with your consent or approval.
13. Resignation.  The failure of a party to require performance of a provision shall not affect that party’s right to require performance at any time thereafter. At the same time, a party’s waiver of any remedy for the other party’s breach of these Terms or any provision of the applicable Terms will not constitute a waiver by that party of any subsequent breach by the other party or the disposition itself.
14. Third Party Website Disclaimer.  Links to third-party websites on ERB Capital Services do not imply endorsement by ERB Capital of any product, service, information or disclaimer presented, nor does it guarantee the accuracy of the information contained therein. If you suffer losses from the use of a third-party product or service, ERB Capital will not be responsible for the loss. Additionally, since ERB Capital has no control over the terms of use or privacy policies of third-party websites, you should read and understand those policies carefully.
15. Matters related to Apple Inc. If you use any device manufactured by Apple Inc. to participate in trading activities or reward programs through ERB Capital Services, those activities and programs are provided by ERB Capital and are not associated with Apple Inc. in any way.
16. Contact information.  For queries concerning policy matters, please contact us at anytime. In the support tab:  https://cfd.erbcapital.com/