1. This Agreement for Bybit Savings Service (“Agreement”) govern your use of the Bybit Savings Service (defined below) and related services entered into by and between you (the “User” or “you”, “your” or the “Lender”) 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 Bybit Savings Service (as defined below). By using the Bybit Savings Service you agree to be legally bound by this Agreement, the Service Agreement and all other terms and conditions and rules relating to Bybit Savings 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 cryptocurrencies and unconditionally accepts 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.

 

6. The Bybit Savings Service allows you to stake your Digital Assets on the Platform and receive a return or yield. You may choose “fixed” or “flexible” term when subscribing for Bybit Savings Service. Bybit is responsible for the management and operation of the Bybit Savings Service.

 

7. In subscribing to the Bybit Savings Service, you agree and confirm to the following:

a. Any voting rights that are attached to your Saving Assets shall be assigned or delegated to Bybit during the Term;

b. Bybit may combine your  Savings Assets with other user’s Savings Assets; 

c. You irrevocably authorise Bybit to deal with your Savings Assets in any way it deems fit to generate the yield rate displayed on the Platform; 

d. Bybit has the sole discretion to determine, from time to time, in relation the Bybit Savings Service:

1. 1. minimum amounts of Digital Assets required to be deposited in order to subscribe to the Bybit Savings Service;
   2. the fund size of any particular Bybit Savings Service;
   3. any redemption period;
   4. any redemption limits;
   5. any subscription limits;
   6. any annual percentage rate;
   7. charge any fees or charges;

e. You are the legal owner of the Digital Assets that you deposit in Bybit Savings Service and guarantee that the sources of these Digital Assets are legal.

 

8. You understand and accept the risks that may arise from using the Bybit Savings Service and the losses that you may suffer from using the Bybit Savings Service, including but not limited to:

a. any loss you may suffer from the risks associated with the inability to trade Digital Assets. You are willing to bear the funding risks and potential financial losses caused by staking the Digital Assets and subscribing to the Bybit Savings Service;

b. The expected yields displayed on the Platform are the theoretical estimates of returns; they are not the actual returns guaranteed or promised by Bybit. Actual yields may vary from the expected returns. Your final yields will be based on the actual yields you receive, which shall be distributed by Bybit in its sole discretion. Bybit does not make any guarantee or promise to the actual yields that you may receive;

c. Price fluctuations of digital assets and their derivatives may cause significant or total losses in a short period of time;

d. Technical anomalies may occur, which may delay or prevent you from using the Bybit Savings 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. Any changes may benefit or harm individual customers like you.

 

9. You may subscribe for a particular Bybit Savings Service by staking your Digital Assets for either a fixed period (“Fixed Savings”) or flexible period (“Flexible Savings”). Any selection you make when subscribing for the Bybit Savings Service is final, and cannot be cancelled, revoked or edited.

 

10. Your Saving Assets under Fixed Savings or Flexible Savings, will return a yield at an annual percentage rate published on the Platform when subscription is made (“APR”). A tiered-APR may apply, depending on the amount and type of Digital Assets.  The APR for any particular Bybit Savings may vary from time to time. Changes to the APR will be published on the Platform. You must refer to the Platform regularly. Bybit will not be liable for any losses arising or connected with changes to the APR, whether or not you were aware of the changes.

 

Fixed Savings

11. Under Fixed Savings, you may subscribe at any time but are not be able to redeem your Savings Assets until the term subscribed for (“Term”) has expired. On expiry of the Term, your principal amount and yield will be credited to you at the next UTC+0:30. 

 

Flexible Savings

12. Under Flexible Savings, you may at any time, subscribe or redeem your Saving Assets by selecting the redemption option on the Platform. After subscription, yield on your Savings Assets will start accruing from the next UTC+0 and will be distributed to your Funding Account on a daily basis at UTC+0:30. You must stake an entire 24 hour period to be eligible for payout of daily yield. In other words, any withdrawal or redemption before UTC+0 will not entitle you to any yield.

 

13. You understand and agree that between the redemption time and the actual arrival time, you will not be able to make any returns, transfer or other commands to the redeemed Savings Assets. You understand and accept that the actual time for the redeemed Savings Assets to be credited into your Funding Account 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. The arrival time shown on the website is final and Bybit shall not be liable for any losses cause by the difference in arrival time.

 

14. For the avoidance of doubt, historical returns are not indicative of future returns. Bybit does not guarantee that you will receive the interest yield at the APR published on the Platform at the time you subscribe. You agree and accept that any representation concerning possible return at the time you subscribe to the Bybit Savings Service is an estimate only and not guaranteed.

 

15. You will be able to view your account history on the Platform. You must review your account history carefully and let Bybit 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. 

 

16. Bybit may rectify any error in your account at any time and reserve the right to void or reverse any transaction in the following instances:

1. involving or deriving from a manifest error (that is, any error, omission or misquote (whether an error of Bybit or any third party) which is manifest or palpable, including a misquote by any representative of Bybit taking into account the current market and currently advertised quotes, or any error of any information, source, official, official result or pronunciation); or
2. to reflect what we reasonably consider to be the correct or fair details of the transaction.

 

17. 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.

 

18. We reserve the right to, without prior notice:

1. 1. temporarily or permanently prohibit you from accessing or using the Bybit Savings Service; 
   2. impose limits on your subscription for Bybit Savings Service;  
   3. suspend or terminate the Bybit Savings Service;
   4. delay certain transactions in the Bybit Savings 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.

 

19. You shall comply with all applicable laws and regulations and ensure and cease using the Bybit Savings Service where such compliance is no longer possible.

 

20. You agree and accept that Bybit has the right to amend the content of this Agreement at any time in its sole discretion. Bybit 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.