AGREEMENT FOR LAUNCH POOL SERVICE
1.
This Agreement for Launch Pool Service (“Agreement”) govern your use of the Launch Pool Service (defined below) and related services entered into by and between you (the “User” or “you”, “your” or the “Participant”) and Bybit Fintech Limited (the “Bybit”, “we”, “us” or “our”). This Agreement forms a binding agreement between Bybit and you and serves to supplement our Terms of Service found at https://www.bybit.com/app/terms-service/information (the “Service Agreement”). If you do not agree to any terms or conditions of this Agreement, you must immediately cease using the Launch Pool Service (as defined below). By using the Launch Pool Service you agree to be legally bound by this Agreement, the Service Agreement and all other terms and conditions and rules relating to Launch Pool Service that we may publish from time to time.
2.
In the event of conflict or inconsistency between a term or provision in this Agreement and the Service Agreement, such conflict or inconsistency shall be resolved by giving precedence to this Agreement. All other provisions of our Service Agreement not modified by this Agreement shall remain in full force and effect.
3.
The User acknowledges and fully understands the risks involved in depositing of cryptocurrencies and unconditionally accept the potential risks and benefits of his or her investment decisions. You also further understand and confirm that you have the experience and knowledge necessary to invest in non-guaranteed digital currency or assets products.
4.
Our Site and Platform are not intended to provide tax, legal, insurance or investment advice, and nothing on the Site or Platform should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security or crypto asset by Bybit. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.
5.
Save as defined below, all terms and references used in this Agreement shall have the meaning given to them in the Service Agreement.
APRhas the meaning assigned to it in Clause 10;
Auto Reinvesthas the meaning assigned to it in Clause 12;
“Launch Pool” or “Pool” or “Launchpool”means a Pool of Tokens provided by the issuer of the Token for distribution to Participants of the Pool;
Launch PoolServicea service whereby a Participant deposits their Digital Assets in the Pool during the Term, in return for receipts of Daily Rewards;
Early Redemptionmeans redeeming your Launch Pool Assets on a date earlier than the Redemption Date;
Launch Pool Assetsmeans the Digital Assets that you deposit in the Launch Pool Service;
Termhas the meaning assigned to it in Clause 9;
Redemption Datemeans the last day of the Term.
6.
The Launch Pool Service, enables you to deposit (a “Deposit”) a set of approved Tokens (“Approved Deposits”) as stipulated from time to time on the Platform in exchange for a stipulated set of Tokens (the “Rewards Pool”) which are distributed to you across a period (the “Distribution Period”) depending on how long you keep the Approved Deposits in the Pool and how large the Approved Deposits are, calculations of which are set out below.
7.
The Rewards are evenly distributed daily (the “Daily Rewards Pool”) I.e. if the Rewards Pool are 14,000 Tokens and the event period is 14 days, the distribution for each day is 1,000 tokens, 14,000 Tokens / 14 Days.
8.
The Daily Rewards Pool is distributed across the Participants (each receiving “Daily Rewards”) across the Distribution in consideration for the deposit of accepted assets in accordance with the following calculations: Your Daily Rewards = (your Approved Deposits / the total number of Approved Deposits by all Participants) × Daily Rewards Pool.
9.
Daily Rewards are distributed to Pool Participants at a stipulated time set out at 00:00H UTC +0 (as amended from time to time by us) (the “Distribution Time”), based on the number of Participating Tokens that each Participant deposits into the Pool.
10.
In subscribing to the Launch Pool Service, you agree and confirm to the following:
(a)
You understand that your Deposit is payment for your subscription to the Rewards Pool and that the Deposit does not belong to you legally once made, 3 therefore you will not be allowed to use the Deposit for any other purpose on the Platform.
(b)
Instead, you shall have a contractual claim (a “Redemption”) against us for the Deposits in the Pool..
(c)
You may exercise your Redemption at any time by through the Redemption methods available on the Platform.
(d)
Any voting rights that are attached to the Deposits shall be assigned or delegated to Bybit for the duration of the Deposit;
(e)
We reserve the right to co-mingle your Deposits with other Participants of the Launch Pool Service;
(f)
you irrevocably authorise us to deal with your Deposits in any way we deem fit to generate the returns displayed on the Platform, including but not limited to distributing the whole or part of your Deposits to third parties;
(g)
we shall have the sole discretion to determine, from time to time, in relation the Launch Pool Service:
(i)
minimum amounts of Deposits required to be deposited in order to subscribe to the Launch Pool Service;
(ii)
the size of the Rewards;
(iii)
any Redemption periods;
(iv)
any Redemption limits;
(v)
any subscription limits;
(vi)
any annual percentage rate;
(vii)
charge any fees or charges;
(h)
you guarantee that the sources of these Digital Assets are legal.
11.
You qualify for the Daily Rewards provided the Participating Tokens remain minimally deposited for 1 calendar day following the day you made the deposit.
12.
Once you have qualified for the Daily Rewards, the distribution of the Daily Rewards shall distribute to your Account on the calendar day.
13.
You will not be distributed Daily Rewards if your interests is less than 0.01 USDT.
14.
You understand and accept the risks that may arise from using the Launch Pool Service and the losses that you may suffer from using the Launch Pool Service, including but not limited to:
(a)
any loss you may suffer from the risks associated with the inability to trade Digital Assets while your Deposits are in the Pool. You are willing to bear the funding risks and potential financial losses caused by depositing the Digital Assets and subscribing to the Launch Pool Service;
(b)
the expected returns and Rewards displayed on the Platform are the theoretical estimates of returns; they are not the actual returns guaranteed or promised by us. Actual returns may vary from the expected returns. Your final returns will be based on the actual returns you receive, which shall be distributed by us in our sole discretion. We do not make any guarantee or promise to the actual returns that you may receive;
(c)
price fluctuations of digital assets should be expected;
(d)
technical anomalies may occur, which may delay or prevent you from using the Launch Pool Service or performing related transactions and result in losses of your digital assets;
(e)
market anomalies may occur, which may result in losses of your digital assets;
(f)
to maintain an orderly market, Bybit is required to add, remove, or change the policies, the terms of this Agreement or other relevant service agreements or terms from time to time without notice to you. Any changes may benefit or harm individual customers like you.
15.
You understand and agree that between the Redemption time and the actual withdrawal of your Deposits from the Pool may vary or be delayed in some circumstances including but not limited to events of extreme market volatility, network delays, a significant number of simultaneous instructions to redeem from other users, or there are any other unanticipated events. You will not be able to make any returns, transfer or other instructions to assets under Redemption. We shall not be liable for any losses cause by the difference in arrival time.
16.
For avoidance of doubt, historical returns are not indicative of future returns. We do not guarantee Redemptions and Rewards. You agree and accept that any representation concerning possible return at the time you subscribe to the Launch Pool Service is an estimate only and not guaranteed.
17.
You will be able to view your account history on the Platform. You must review your account history carefully and let us know if you see any entries or transactions that you do not recognize or you think are incorrect as soon as possible, and within 14 days after the date that your account history is provided or made available to you.
18.
We may rectify any error in your account at any time and reserve the right to void or reverse any transaction in the following instances:
(a)
involving or deriving from a manifest error (that is, any error, omission or misquote (whether an error of us or any third party that we assign) which is manifest or palpable, including a misquote by any representative of ours taking into account the current market and currently advertised quotes, or any error of any information, source, official, official result or pronunciation); or
(b)
to reflect what we reasonably consider to be the correct or fair details of the transaction.
19.
We may be required under applicable laws and regulations to share information about your accounts and use of the Platform with third parties. You acknowledge, agree and consent that we are entitled to disclose such information.
20.
We may rectify any error in your account at any time and reserve the right to void or reverse any transaction in the following instances:
(a)
temporarily or permanently prohibit you from accessing or using the Launch Pool Service;
(b)
impose limits on your subscription for Launch Pool Service;
(c)
suspend or terminate the Launch Pool Service;
(d)
delay certain transactions in the Launch Pool Service.
You understand and agree that we shall not to the maximum extent permitted by law, be liable to you for any losses caused by such prohibition, suspension or termination.
21.
You shall comply with all applicable laws and regulations and ensure and cease using the Launch Pool Service where such compliance is no longer possible.
22.
You agree and accept that we have the right to amend the content of this Agreement at any time in its sole discretion. We shall not be liable for any losses due to your misunderstanding of this Agreement or your failure to take note of any amendments made to this Agreement from time to time.
23.
You shall not where directly or indirectly participate in the Launch Pool with more than one account. If discovered, we reserve the right to terminate your access to the Launch Pool, suspect access to your Account and/or claw back all distributed Daily Rewards without prior or further notice to you.
24.
The content contained in this website does not constitute an offer or sale of securities in or into the United States, or to or for the account or benefit of U.S. persons, or in any other jurisdictions where it is unlawful to do so. Transfer of Tokens may be subject to legal restrictions under applicable laws. Under no circumstances shall the Tokens be reoffered, resold or transferred within the United States or to, or for the account or benefit of, U.S. persons, except pursuant to an exemption from, or in a transaction not subject to, the registration requirements of the U.S. Securities Act of 1933, as amended. Any public offering of the Tokens to be made in the United States will be made by means of a prospectus that may be obtained from the issuer or the selling Digital Asset holder and that will contain detailed information about the company and management, as well as financial statements.