Terms of Use

Last Revised Date: 30/05/2024

Please read these terms carefully as they govern your use of Top.One services. Like any asset, the value of digital assets (defined below) can significantly fluctuate, and there is substantial risk of economic loss when purchasing, selling, holding, or investing in digital currencies. By using Top.One services, you acknowledge and agree that: (1) you are aware of the risks associated with transactions involving digital assets; (2) you bear all risks associated with the use of Top.One services and engaging in digital currency transactions; (3) Top.One is not responsible for any such risks or adverse outcomes; (4) you should obtain independent legal and/or financial advice before conducting any transactions and/or using Top.One services.

These Terms of Use of Top.One are entered into by and between you (referred to as “you” or “your”) and Top.One. By accessing, downloading, using, or clicking “I agree”, “I accept”, or “Start” to accept any Top.One services (as defined below) provided by Top.One (defined below), you agree that you have read, understood, and accepted these Terms of Use of Top.One (hereinafter referred to as “Terms”) as well as our Privacy Policy, which is incorporated by reference into these Terms. Additionally, in the use of certain features of the services, you may be subject to specific additional terms and conditions applicable to those features.

By accessing, using, or attempting to use Top.One services in any capacity, you acknowledge that you accept and agree to be bound by these Terms. If you do not agree, do not access or use Top.One or Top.One services in any way.

1. Definitions

In these Terms, the following defined terms shall have the following meanings:

- “Available Fiat Currency” refers to the fiat currency specified or amended by Top.One from time to time.

- Top.One may integrate and/or use services of other providers to deliver products or services.

- “Top.One Website” refers to the user interface and its domain(s) and/or subdomain(s) owned and/or operated by Top.One (the domain includes but is not limited to https://www.Top.One.com/ available to users).

- “Top.One Website Rules” refers to all rules, explanations, announcements, statements, consents, etc., that Top.One has issued and will issue subsequently, as well as all regulations, detailed implementations, product process descriptions, announcements, or service processes published within the support or product.

- “Purchase of Digital Currency using Debit/Credit Card” refers to the spot transaction of exchanging digital currencies for fiat currencies through debit/credit card payment.

- “Digital Asset” refers to digital currency and its derivative products or other types of digitalized assets with certain value.

- “Digital Currency” refers to encrypted or digital tokens or cryptocurrencies with certain value based on blockchain and cryptography technology, issued and managed in a decentralized form.

- “Fiat Transactions” refers to spot transactions of exchanging digital currencies for available fiat currencies and vice versa.

- “Fiat Trading Pair” refers to a trading pair quoted on the Top.One website, involving one side in fiat currency and the other in digital currency.

- “Top.One Account” refers to the basic virtual account opened by Top.One for users to record their use of Top.One services, transactions, asset changes, and basic information, including main accounts and subaccounts. The Top.One account is the basis for users to enjoy and exercise their rights on Top.One.

- “Top.One Services” refers to such services specified in Article 3 below (Top.One Services).

- “User” refers to all individuals, institutions, or organizations that access, download, or use Top.One or Top.One services and meet Top.One’s standards and conditions.

2. General Provisions

2.1 About These Terms

2.1.1 Contractual Relationship

These Terms constitute a legal agreement between you and Top.One and form a binding contract.

2.1.2 Supplemental Terms

Due to the rapid development of digital currency and Top.One, these Terms between you and Top.One do not list or cover all rights and obligations of each party and do not guarantee full compliance with future development needs. Therefore, the Privacy Policy, Top.One platform rules, and all other agreements separately entered into with Top.One are deemed as supplementary terms, constituting an inseparable part of these Terms and having the same legal effect. Your use of Top.One services is deemed your acceptance of the above supplementary terms.

2.1.3 Changes to These Terms

Top.One reserves the right to change or modify these Terms at its discretion at any time. Top.One will notify such changes by updating the Terms on its website and modifying the “Last Revised” date displayed on this page. Any and all modifications or changes to these Terms will become effective upon being published on the website or released to users. You agree that your continued use of Top.One services constitutes your acceptance of the modified agreement and rules. If you do not agree to any changes to these Terms, you must stop using Top.One services immediately. It is recommended that you frequently review these Terms to ensure you understand the terms and conditions that apply to your access and use of Top.One services.

2.1.4 Prohibited Use

By accessing and using Top.One services, you represent and warrant that you are not on any trade embargo or economic and/or other sanction lists, such as the Specially Designated Nationals list maintained by OFAC (the Office of Foreign Assets Control of the U.S. Department of the Treasury), or any other sanction list issued or applicable in the European Union and/or the Republic of Lithuania. Similarly, you do not have any association (income, business, or employment relationship or other affiliation) with any sanctioned organization or jurisdiction. Top.One reserves the right to select its markets and jurisdictions to operate and may restrict or deny services in certain countries at its discretion.

2.2 About Top.One

2.2.1 In order to provide Top.One services, Top.One may conduct transactions on the digital asset online trading platform supported by Top.One.

2.2.2 While Top.One has been committed to maintaining the accuracy of information provided through Top.One services, Top.One cannot and does not guarantee its accuracy, applicability, reliability, completeness, performance, or appropriateness, nor shall Top.One be liable for any loss or damage that may be caused directly or indirectly by your use of these contents. Information about Top.One services may change without notice, and the primary purpose of providing such information is to help users make independent decisions. Top.One does not provide investment or consulting advice of any kind and is not responsible for the use or interpretation of information on Top.One or other communication media. All users of Top.One services must understand the risks involved in digital asset trading and are advised to exercise prudence and trade responsibly within their capability.

2.3 Registration and Requirements of Top.One Account

2.3.1 Registration

All users must apply for a Top.One account at the relevant URL before using Top.One services. When you register a Top.One account, you must provide your real name, email address, and password, and accept these Terms, the Privacy Policy, and other Top.One website rules. Top.One may refuse to open a Top.One account for you at its sole discretion. You warrant that all information provided for account registration is true, complete, and accurate, and you agree to promptly update any information you provide to Top.One to maintain the integrity and accuracy of the information. A user can only register once, but each individual user (including any user of an enterprise or legal entity) can only maintain one main account at any given time. Institutional users (including enterprise and other legal entity users) may, with Top.One's consent, open one or more subaccounts under the main account. For certain Top.One services, you may be required to set up a special account independent of your Top.One account in accordance with these Terms or supplementary terms. The registration, use, protection, and management of such transaction accounts shall be equally applicable to the provisions of this section and Article VI (Termination of Agreement) unless otherwise provided in these Terms or supplementary terms.

2.3.2 Eligibility

(a) By registering to use a Top.One account, you represent and warrant that (1) as an individual, you are at least 18 years old or of legal age to form a binding contract under applicable law on the date of registration; (2) as an individual, legal person, or other organization, you have full legal capacity and sufficient authority to enter into these Terms; (3) you have not been previously suspended or removed from using Top.One services; (4) you currently do not have a Top.One account; (5) you are neither a U.S. user, Singaporean user, nor a user of Ontario, Canada (or a resident of any of the foregoing areas); nor do you act on behalf of a U.S. user, Singaporean user, or Ontario (Canada) user (or a resident of any of the foregoing areas). If you are an employee or agent of a legal entity and represent them in signing these Terms, you represent and warrant that you have all necessary rights and authorizations to bind the entity; (6) your use of Top.One services will not violate any and all laws and regulations applicable to you, including but not limited to anti-money laundering, anti-corruption, and anti-terrorist financing laws.

(b) Please note that some products and services may not be available in certain jurisdictions or regions or for certain users. Top.One reserves the right to change, modify, or impose additional restrictions at its discretion at any time.

2.3.3 User Identity Verification

(a) Your registration of an account with Top.One will be deemed your agreement to provide required personal information for identity verification. Such information will be used to verify the user's identity, identify traces of money laundering, terrorist financing, fraud, and other financial crimes, or for other lawful purposes stated by Top.One. We will collect, use, and share this information in accordance with our Privacy Policy.

(b) In addition to providing such information, you agree to allow us to keep a record of that information during the period for which your account is active and for eight (8) years after your account is closed, in compliance with global industry standards on data storage. 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 for identity verification may include but is not limited to your name, government-issued personal identification number, and/or birth date, citizenship, email address, contact information, telephone number, user name, government-issued ID, and other information collected during account registration. When providing the required information, you confirm that it is true, complete, and accurate.

(c) After registration, you must ensure the information is truthful, complete, and updated in a timely manner if there are any changes. If there is any reason to believe that any information you provided is incorrect, false, outdated, or incomplete, Top.One reserves the right to send you a notice to correct, directly delete the relevant information, and/or terminate all or part of Top.One services provided to you as appropriate. You shall be fully responsible for any loss or expense caused to Top.One during the use of Top.One services if you provide any untrue or incomplete information or we cannot contact you through the contact information you provided. You acknowledge and agree that you have an obligation to keep all information provided up to date. By registering an account, you hereby authorize Top.One to conduct investigations directly or through a third party as Top.One deems necessary to verify your identity or protect you, other users, and/or Top.One from fraud or other financial crimes, and to take necessary actions based on the results of such investigations. You also acknowledge and agree that your personal information may be disclosed to credit agencies and agencies for fraud prevention or financial crime purposes, which may respond fully to our inquiries.

2.3.4 Account Usage Requirements

Top.One reserves the right to suspend, freeze, or cancel the use of accounts by persons other than the account registrant. If you suspect or become aware of any unauthorized use of your user name and password, you should notify Top.One immediately. Top.One assumes no liability for any loss or damage resulting from the use of Top.One account by you or any third party without your authorization.

2.3.5 Account Security

(a) Top.One has been committed to maintaining the security of user entrusted funds and has implemented industry-standard protection for Top.One services. However, individual user actions may pose risks. You agree to treat your access credentials (such as user name and password) as confidential information, and you will not disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your Top.One account and personal information.

(b) You shall be solely responsible for the safekeeping of your Top.One account and password on your own, and you shall be responsible for all activities under your login email, Top.One account, and password (including but not limited to information disclosure, information posting, consent to or submission of various rules and agreements by clicking on the website, online renewal of agreements, etc.). Top.One will not be liable for any loss or consequences caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information posting, consent to or submission of various rules and agreements by clicking on the website, online renewal of agreements, etc.

(c) By creating a Top.One account, you hereby agree that:

(i) if you discover any unauthorized use of your Top.One account and password or any other violation of security rules, you will immediately notify Top.One;

(ii) you will strictly abide by all mechanisms or procedures of Top.One regarding security, authentication, trading, withdrawal, and others; and

(iii) you will take appropriate steps to logout from Top.One at the end of each visit.

2.3.6 Personal Data

Please refer to the Top.One Privacy Policy for provisions regarding how your personal data is collected, used, and shared.

3. Top.One Services

3.1 Overview

3.1.1 After completing the registration of your Top.One account and identity verification, you may use various Top.One services in accordance with the provisions of these Terms (including Top.One website rules and other individual agreements). Top.One has the right to:

(a) provide, modify, or terminate, in its sole discretion, any Top.One services; and

(b) allow or prohibit certain users from using any Top.One services in accordance with relevant Top.One website rules.

3.1.2 Depending on your jurisdiction, you may use Top.One services directly after completing registration, before the identity verification described in 2.3.3, but subject to certain limitations described below (“Express Use”).

(a) Express Use is available only in certain jurisdictions, which Top.One may update from time to time.

(b) Express Use is available only to users who do not have a continuous business relationship with Top.One, particularly: (1) new users who complete Top.One account registration after July 5th, 2024; (2) existing users who have completed Top.One account registration before the date of acceptance of these Terms but have not yet completed the identity verification described in 2.3.3.

(c) Users described in 3.1.2.2 must not have an account on Top.One that has completed identity verification according to Top.One ’s terms of use or have accepted a request for identity verification remediation.

(d) Express Use applies only to the first use of Top.One services for a transaction valued under 700 euros or equivalent in other currencies. You must complete the identity verification described in 2.3.3 to continue using Top.One services, regardless of the value of the first transaction completed using Express Use.

3.2 Service Use Guidelines

3.2.1 License

(a) If you continuously comply with the explicit terms and conditions set forth in these Terms, Top.One grants you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use the Top.One services via your computer or internet-compatible device for your personal/internal purposes. Your use of the Top.One services must be for your personal/internal purposes only. You are strictly prohibited from using Top.One services for resale or commercial purposes, including transactions conducted on behalf of other individuals or entities. All such prohibited actions constitute a material violation of these Terms. The layout, format, function, and access privileges of the Top.One services should be stipulated by Top.One at its sole discretion. Top.One reserves all rights not expressly granted under these Terms. Thus, you are prohibited from using the Top.One services in any manner not expressly authorized by these Terms.

(b) These Terms only grant a limited license to access and use Top.One services. Therefore, you hereby agree that when you use Top.One services, Top.One does not transfer Top.One service or any Top.One intellectual property rights ownership or intellectual property rights to you or anyone else. All text, graphics, user interfaces, visual interfaces, photos, sounds, process flow charts, computer code (including HTML code), programs, software, products, information, and documentation, as well as the design, structure, selection, coordination, expression, look, and layout of any content included in or provided through the Top.One services, are exclusively owned, controlled, and/or licensed by Top.One or its members, parent companies, licensors, or affiliates.

(c) Top.One owns any feedback, suggestions, ideas, or other information or materials (collectively, “Feedback”) you submit via email, Top.One services, or other means concerning Top.One or Top.One services. You hereby transfer to Top.One all rights, titles, and interests and all related intellectual property rights in any Feedback. You have no right and hereby waive any request for acknowledgment or compensation based on any Feedback, or any modifications based on any Feedback.

3.2.2 Restrictions

When you use Top.One services, you agree and undertake to comply with the following provisions:

(a) All activities you carry out during the use of Top.One services shall comply with applicable laws, regulations, these Terms, and all of Top.One’s guidelines;

(b) Your use of Top.One services shall not violate public interests, public morals, or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect, or prohibit other users from using Top.One services;

(c) You agree not to use the services for market manipulation (such as wash trading, self-trading, front running, quote stuffing, and layering, whether or not prohibited by law);

(d) Without Top.One’s written consent, you are prohibited from using Top.One data for commercial purposes, including:

(i) trading services utilizing Top.One quotes or market bulletin board information;

(ii) data feeding or streaming services that make use of any market data from Top.One; and/or

(iii) any other website/app/service charging or otherwise profiting from (including through advertising or referral fees) market data obtained from Top.One.

(e) Without Top.One’s prior written consent, you may not modify, copy, reproduce, republish, download, store, further transmit, disseminate, transfer, decompile, broadcast, publish, remove or alter any copyright or proprietary notices or labels, sublicense, sell, mirror, design, rent, lease, private label, grant a security interest in, or otherwise exploit any part of the property, or create derivative works based on it;

(f) You may not (1) use any deep link, web crawler, robot, spider, or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process to access, acquire, copy, or monitor any part of the property, or in any way reproduce or circumvent the navigational structure or presentation of the Top.One service to obtain or attempt to obtain any materials, documents, or information that Top.One has not intentionally made available to you; (2) attempt to gain unauthorized access to any part or feature of the property, or any other systems or networks connected to the Top.One service or to any Top.One server, or to any of the services offered on or through the property, by hacking, password “mining” or any other illegitimate means; (3) probe, scan, or test the vulnerability of the Top.One service or any network connected to the property, nor breach the security or authentication measures on the Top.One service or any network connected to the Top.One service; (4) reverse look-up, trace, or seek to trace any information on any other user or visitor to the Top.One service, or any other customer of Top.One, including any Top.One account not owned by you, to its source, or exploit the Top.One service or any service or information made available or offered by or through the Top.One service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Top.One service; (5) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Top.One service or Top.One’s systems or networks, or any systems or networks connected to the Top.One service; (6) use any device, software, or routine to interfere or attempt to interfere with the proper working of the Top.One service or any transaction being conducted on the Top.One service, or with any other person’s use of the Top.One service; (7) forge headers, impersonate, or otherwise manipulate identifiers to disguise your identity or the origin of any message or transmittal you send to Top.One, on or through the Top.One service; (8) use the Top.One service in an unlawful manner.

(g) By accessing the Top.One service, you agree that Top.One has the right to investigate any violation of these Terms unilaterally determine whether you have violated these Terms, and take actions it deems appropriate without your consent or prior notice. Examples of such actions include but are not limited to: (i) blocking and closing order requests; (ii) freezing your account; (iii) reporting the incident to authorities; (iv) publishing the alleged violations and actions taken; (v) deleting any information found to be in violation.

3.2.3 Fiat Transactions

(a) Upon completing the registration of your Top.One account and identity verification, you will be able to use fiat currency trading services on the Top.One website, which include: (i) purchasing digital currencies via credit/debit card payment; (ii) selling digital currencies via fiat trading pairs; and (iii) depositing fiat into Top.One merchant wallets and purchasing digital currencies or digital assets via fiat trading pairs.

(b) For the Top.One services outlined in 3.2.3(a)(ii) and 3.2.3(a)(iii), you agree that Top.One may work with other third-party service providers to provide such Top.One services.

(c) Cancellations and Refunds. Any payments made in any fiat currency related to any Top.One services cannot be canceled, withdrawn, or refunded. Any refund requests related to any Top.One services outlined in 3.2.3(a)(i) are subject to the relevant third-party service provider’s policy.

(d) Fees. You agree to pay Top.One the fees that may be required for certain services as set forth in these Terms, which Top.One may update from time to time at its sole discretion. Any updated fees will apply to any sales or other transactions that occur following the effective date of the updated fees.

3.2.4 Custody Services

Top.One provides virtual asset custody services under the terms and conditions set out in the “Cryptocurrency Custody Service Terms” located in the domains/subdomains owned and/or operated by Top.One.

4. Liabilities

4.1 Disclaimer of Warranties

4.1.1 To the maximum extent permitted by applicable law, the Top.One service, Top.One data, and any product, service, or other item provided by or on behalf of Top.One are offered on an “as is” and “as available” basis, and Top.One expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title, or non-infringement or warranties arising from a course of performance, course of dealing, or usage in trade. Without limiting the foregoing, Top.One does not represent or warrant that the Top.One service, Top.One data, or any product, service, or other item provided by or on behalf of Top.One are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components. Top.One does not guarantee that any order will be executed, accepted, recorded, or remain open. Except for the express statements, agreements, and rules set forth in these Terms, you hereby acknowledge and agree that you have not relied upon any other statement or agreement, whether written or oral, with respect to your use and access of the Top.One service. Without limiting the foregoing, you hereby understand and agree that Top.One will not be liable for any losses or damages arising out of or relating to: (a) any inaccuracy, defect, or omission of digital asset price data; (b) any error or delay in the transmission of such data; (c) any interruption in any such data; (d) regular or unscheduled maintenance carried out by Top.One and service interruption and change resulting from such maintenance; (e) any damages incurred by other users’ actions, omissions, or violations of these Terms; (f) any damage caused by illegal actions of other third parties or actions not authorized by Top.One; and (g) other exemptions mentioned in disclaimers and platform rules issued by Top.One.

4.1.2 The disclaimers of implied warranties contained herein may not apply to you if prohibited by the laws of your residence jurisdiction.

4.2 Disclaimer of Damages and Limitation of Liability

4.2.1 To the maximum extent permitted by applicable law, in no event will Top.One, its affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers, or contractors be liable for any incidental, indirect, special, punitive, consequential, or similar damages or liability whatsoever (including, without limitation, damages for loss of data, information, revenue, profits, or other business or financial benefit) arising out of or in connection with Top.One services, any performance or non-performance of Top.One services, or any other product, service, or other item provided by or on behalf of Top.One, whether under contract, statute, strict liability, or other theory, even if Top.One has been advised of the possibility of such damages, except to the extent of a final judicial determination that such damages were a result of Top.One’s gross negligence, fraud, willful misconduct, or intentional violation of the law. For jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages, such exclusions or limitations may not apply to you.

4.2.2 Notwithstanding the foregoing, in no event will the liability of Top.One, its affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers, or contractors arising out of or in connection with Top.One services, any performance or non-performance of Top.One services, or any other product, service, or other item provided by or on behalf of Top.One, whether under contract, statute, strict liability, or other theory, exceed the amount of the fees paid by you to Top.One under these Terms in the twelve months immediately preceding the event giving rise to the claim for liability.

4.3 Indemnification

You agree to indemnify and hold harmless Top.One, its affiliates, contractors, licensors, and their respective directors, officers, employees, and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses, and damages (including attorneys’ fees and any fines, fees, or penalties imposed by any regulatory authority) arising out of or related to:

4.3.1 your use of Top.One services or conduct in connection with such use;

4.3.2 your breach or our enforcement of these Terms; or

4.3.3 your violation of any applicable law, regulation, or rights of any third party during your use of Top.One services. If you are obligated to indemnify Top.One, its affiliates, contractors, licensors, and their respective directors, officers, employees, or agents under these Terms, Top.One will have the right, in its sole discretion, to control any action or proceeding and to determine whether Top.One wishes to settle, and if so, on what terms.

5. Announcements

Please note that all official announcements, news, promotions, competitions, and airdrops will be listed on https://www.Top.One.com/. Users undertake to refer to these materials regularly and promptly. If the user suffers personal losses due to ignorance or failure to timely review these announcements, Top.One will not bear any compensation responsibility.

6. Termination of Agreement

6.1 Suspension of Top.One Account

6.1.1 You agree that Top.One has the right to immediately suspend your Top.One account (and any accounts beneficially owned by related entities or affiliates), freeze or lock the digital assets or funds in all such Top.One accounts, and suspend your access to Top.One for any reason, including if Top.One suspects any such accounts to be in violation of these Terms, our Privacy Policy, or any applicable laws and regulations. You agree that Top.One shall not be liable to you for any permanent or temporary modification of your Top.One account, or suspension or termination of your access to all or any portion of Top.One services. Top.One shall have the right to keep and use the transaction data or other information related to such Top.One accounts. The above account control may also be applied in the following cases:

6.1.2 Top.One accounts are subject to a governmental proceeding, criminal investigation, or other pending litigation;

6.1.3 We detect unusual activity in the Top.One account;

6.1.4 We detect unauthorized access to the Top.One account; and/or

6.1.5 We are required to do so by a court order or command by a regulatory/government authority.

6.2 Termination of Top.One Account

6.2.1 Top.One shall have the right to terminate these Terms by canceling your Top.One account, and may permanently freeze (cancel) the authorizations of your Top.One account on Top.One and withdraw corresponding Top.One account thereof under any of the following circumstances:

(a) After Top.One terminates services to you;

(b) You directly or indirectly register to use Top.One services in the name of any other person or entity;

(c) The information that you have provided is untruthful, inaccurate, outdated, or incomplete;

(d) When these Terms are amended, you express your unwillingness to accept the amended Terms by applying for cancellation of your Top.One account or by other means;

(e) You request that Top.One services be terminated; and

(f) Any other circumstances where Top.One deems it should terminate Top.One services.

6.2.2 If your Top.One account is terminated, the account and transactional information required for meeting data retention standards will be securely stored for eight (8) years. In addition, if a transaction is unfinished during the account termination process, Top.One shall have the right to notify your counterparty of the situation at that time. You acknowledge that user-initiated account deletion (under the GDPR or other equivalent regulations) will also be subject to the termination protocol stated above.

6.2.3 If Top.One is informed that any digital assets or funds held in your Top.One account are alleged to have been stolen or otherwise are not lawfully possessed by you, Top.One may, but has no obligation to, place an administrative hold on the affected funds and your Top.One account. If Top.One does place an administrative hold on some or all of your funds or Top.One account, Top.One may continue such hold until the dispute has been resolved and evidence of the resolution acceptable to Top.One has been provided to Top.One in a form acceptable to Top.One. Top.One will not involve itself in any such dispute or the resolution of the dispute. You agree that Top.One will have no liability or responsibility for any such hold or for your inability to withdraw digital assets or funds or execute trades during the period of any such hold.

6.3 Remaining Funds After Top.One Account Termination

Except as set forth in paragraph 6.4 below, once a Top.One account is closed/withdrawn/terminated, all remaining balance (which includes charges and liabilities owed to Top.One) on the account will be payable immediately to Top.One. Upon payment of all outstanding charges to Top.One (if any), users will have 10 business days to withdraw all digital assets or funds from the account.

6.4 Remaining Funds After Top.One Account Termination Due to Fraud, Violation of Law, or Violation of These Terms

Top.One maintains full custody of the digital assets, funds, and user data/information that may be turned over to governmental authorities in the event of account suspension/closure arising from fraud investigations, investigations of violation of law or violation of these Terms.

7. No Financial Advice

Top.One is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you regarding any trades or other decisions or activities effected by you using Top.One services. No communication or information provided to you by Top.One is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. Unless otherwise specified in these Terms, all trades are executed automatically based on the parameters of your order instructions and in accordance with posted trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy, or related transaction is appropriate for you according to your personal investment objectives, financial circumstances, and risk tolerance. You should consult your legal or tax professional regarding your specific situation. Top.One does not recommend that any digital asset should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any digital asset, you should conduct your own due diligence and consult your financial advisors prior to making any investment decision. Top.One will not be held responsible for the decisions you make to buy, sell, or hold digital assets based on the information provided by Top.One.

8. Compliance with Local Laws

Users are responsible for complying with all laws, regulations, and rules of their respective jurisdictions regarding their use of Top.One services. Users must also factor, to the extent of their local laws, all aspects of taxation, the withholding, collection, reporting, and remittance to their appropriate tax authorities. All users of Top.One services acknowledge and declare that their funds come from legitimate sources and do not originate from illegal activities. Users agree that Top.One will require them to provide or otherwise collect necessary information and materials as per relevant laws or government orders to verify the legality of the sources and use of their funds. Top.One maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate user accounts and funds that are flagged out or investigated by legal mandate.

9. Privacy Policy

Access to Top.One services will require the submission of certain personally identifiable information. Please review Top.One’s Privacy Policy, which is incorporated by reference into these Terms, for a summary of Top.One’s guidelines regarding the collection and use of personally identifiable information.

10. Dispute Resolution: Forum, Arbitration, and Class Action Waiver

10.1 Notice of Claims and Dispute Resolution Period

10.1.1 Please contact Top.One first! Top.One wants to address your concerns without needing a formal legal case. If you have a dispute with Top.One, then you should contact Top.One, and a ticket number will be assigned. Top.One will attempt to resolve your dispute internally as soon as possible. The parties agree to negotiate in good faith to resolve the dispute (discussions shall remain confidential and protected as settlement negotiations for purposes of applicable rules of evidence).

10.1.2 If the dispute cannot be resolved through good faith negotiations within 60 days after the dispute notice is received, and you wish to pursue legal action, you agree to first send a formal notice of your claim (“Claim Notice”) to Top.One. The Claim Notice must (a) describe the nature and basis of the claim or dispute; (b) set forth the specific relief sought; (c) provide the original ticket number; and (d) include your Top.One account email. The Claim Notice should be submitted to the email address or link provided in your communications with Top.One. After you have provided the Claim Notice to Top.One, you may commence arbitration if the dispute remains unresolved. You agree that you will not commence arbitration or any other legal proceedings until the expiration of the dispute resolution period described above.

10.2 Arbitration Agreement and Applicable Law

10.2.1 Arbitration Agreement

You and Top.One agree that any dispute arising out of or related to these Terms or your relationship with Top.One as a user of Top.One services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be resolved by binding individual (not class) arbitration, except that you and Top.One retain the right to bring an individual action in a small claims court in the jurisdiction in which you reside if the claims qualify.

10.2.2 Jurisdiction of Arbitrator

You and Top.One further agree that the arbitrator shall have the exclusive authority to rule on his or her jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator must follow these Terms as a court would.

10.2.3 Arbitration Procedures

The arbitration will be conducted by the Hong Kong International Arbitration Centre (“HKIAC”) under the rules of arbitration of the HKIAC in force at the time the arbitration is initiated (the “HKIAC Rules”). Unless otherwise agreed upon by the parties, only one (1) arbitrator shall be appointed according to the HKIAC Rules. Any arbitration will be conducted in English unless otherwise agreed upon by the parties. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

10.2.4 Time for Filing Arbitration

Any arbitration against Top.One must be commenced by filing a request for arbitration within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. This one-year limitation period shall include the internal dispute resolution procedure set forth in Section 10.1. There shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

10.2.5 Process; Notice

The party who wishes to pursue arbitration must submit a request for arbitration to the HKIAC. If we request arbitration against you, we will notify you at the email address or mailing address you provided. You agree that any notice sent to this email or mailing address shall be deemed effective for all purposes, including, but not limited to, determining sufficient service of process. It is your obligation to ensure that the email address and/or mailing address on file with Top.One is up to date and accurate.

10.2.6 Seat of Arbitration

The seat of the arbitration shall be Hong Kong.

10.2.7 Place of Hearing

Unless otherwise agreed by the parties, any arbitration hearings shall take place in Hong Kong.

10.2.8 Governing Law

These Terms (including this arbitration agreement) shall be governed by and construed in accordance with the laws of the Republic of Lithuania. The place of jurisdiction for arbitration shall be the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”).

10.2.9 Confidentiality

The parties agree to keep confidential the existence of the arbitration, the arbitration proceedings, and any non-public information made available during the arbitration proceedings, as well as the outcome of the arbitration. The parties may disclose information to the extent that disclosure is required by law, or necessary to enforce or challenge the arbitration award in bona fide legal proceedings. This confidentiality provision shall survive termination of these Terms and any arbitration brought pursuant to these Terms.

10.3 Class Action Waiver

10.3.1 You and Top.One agree that any claims relating to these Terms or your relationship with Top.One as a user of Top.One services (whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) shall be brought and resolved only on an individual basis, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. You and Top.One further agree that neither party shall participate in a class action or class-wide arbitration for any claims covered by this agreement. If the arbitration provision is found to be unenforceable or if the entirety of this Section 10.3 is found to be unenforceable, then the entirety of this Section 10.3 shall be null and void.

10.4 Modifications

Top.One reserves the right to update, modify, revise, suspend, or make future changes to Section 10 regarding the parties' mutual arbitration agreement, subject to applicable law. You agree that it is your responsibility to ensure that your understanding of this Section is current. Your continued use of your Top.One account shall be deemed to be your acceptance of any modifications to Section 10 of these Terms. You agree that if you object to the modifications to Section 10, Top.One may block access to your account pending closure of your account. In that event, prior versions of Section 10 shall govern any claims arising prior to the effective date of the modification.

10.5 Severability

If any portion of this Section 10 is found to be invalid or unenforceable, then that portion shall be of no force and effect, and the remainder of Section 10 shall continue in full force and effect.

11. Recurring Buy Transaction Terms and Conditions

  1. The Recurring Buy Transaction Terms and Conditions (“Recurring Buy”) will remain in full force and effect after the first recurring buy transaction is fully executed until you change your Recurring Buy settings and/or terminate the Recurring Buy transaction from the “Manage Your Recurring Details” tab in your Top.One account. We may terminate the Recurring Buy transaction at any time by giving notice to you.

  2. Please note that Recurring Buy transactions are not currently available to corporate users.

  3. Recurring Buy transactions are only available for credit card payments.

  4. By clicking “Confirm” to proceed with your Recurring Buy transaction, you authorize such transactions. It is very important to periodically review the status of your Recurring Buy transaction. We are not obligated to verify the information and details provided for the Recurring Buy transaction. All information and details provided by you for the Recurring Buy transaction shall be deemed accurate and complete.

  5. Top.One shall not be liable for any unauthorized or erroneous transactions or failed transactions resulting from incomplete or outdated information (including but not limited to invalid credit card information, insufficient account funds, etc.), transactions that are not currently compatible or supported due to your payment method, payments made through an alternative payment method, or the issuing country or issuing bank of your payment provider. You are responsible for maintaining a sufficient balance and/or sufficient credit limits to avoid overdrafts, insufficient funds, or similar charges imposed by your payment provider. We are not liable for any delays (if any) in executing the Recurring Buy transaction for any reason. Additionally, we are not liable for any transactions initiated by merchants.

  6. To make any changes to your Recurring Buy transaction, you must terminate the Recurring Buy transaction from the “Manage Your Recurring Details” tab in your Top.One account and establish a new order for the Recurring Buy transaction.

  7. We reserve the right, in our sole discretion, to refuse to process, cancel, terminate, or reverse any Recurring Buy transaction, even after funds have been deducted from your account, if we suspect that the transaction involves (or is likely to involve) money laundering, terrorist financing, fraud, or any other type of financial crime; in response to subpoenas, court orders, or other government orders; if we have reason to believe the transaction is erroneous; or if we suspect the transaction relates to any restricted activity. In such instances, we will reverse the transaction, and we have no obligation to allow you to reinstate a purchase or sale order at the same price or on the same terms as the canceled transaction, or for any damages or losses resulting from the actions taken by us under these terms. Recurring Buy transactions are subject to the Top.One Terms of Use and may be modified from time to time.

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