1. This Agreement for Private Wealth Management Service (“Agreement”) governs your use of the Private Wealth Management Service (defined below) and related services entered into by and between you (the “User”, “you” or “your”) and Bybit Technology Limited (“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 Private Wealth Management Service. By using the Private Wealth Management Service, you agree to be legally bound by this Agreement, the Service Agreement, and all other terms and conditions and rules relating to Private Wealth Management 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 cryptocurrencies or asset 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 Digital Asset by us. 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 Private Wealth Management Service allows you to deposit Digital Assets and subscribe to a selection of products under Bybit Earn. By subscribing to the Private Wealth Management Service, you are effectively subscribing to a set of Bybit Earn products. For the avoidance of doubt, all the respective terms and conditions that specifically govern each of the Bybit Earn products (“Product Terms”) shall govern your access to, and use of, each specific Bybit Earn product. You therefore accept and agree to be bound by all the Product Terms when you use and access the Private Wealth Management Service.

 

7. In subscribing to the Private Wealth Management Service, you agree, accept, and confirm the following:

1. Any voting rights that are attached to your Private Wealth Management Assets shall be assigned or delegated to us during the Term;

2. We may combine your Private Wealth Management Assets with other User’s Private Wealth Management Assets;

3. You irrevocably authorise us to deal with your Private Wealth Management Assets 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 Private Wealth Management Assets to third-party trading firm(s) for the management and investment of your Private Wealth Management Assets;

4. Historical data, past performance, past rates of return, risk scores, statistics, and any other information with respect to a particular Bybit Earn product is for reference only and not a definite promise of return.

5. We shall have the sole discretion to determine, from time to time, in relation to the Private Wealth Management Service:

   1. minimum amounts of Digital Assets required to be deposited in order to subscribe to the Private Wealth Management Service;

   2. any redemption period;

   3. any redemption limits;

   4. any subscription limits;

   5. any annual percentage rate (“APR”) for the respective Bybit Earn products;

   6. charge any fees or charges; or

   7.  any other changes or limitations in relation to the Private Wealth Management Service;

6. You are the legal owner of the Digital Assets that you deposit into Private Wealth Management 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 Private Wealth Management Service and all losses, expenses, costs, damages, liabilities, penalties, charges (“Losses”)  that you may suffer from using the Private Wealth Management Service, including but not limited to:

1. you understand and acknowledge that you could sustain significant losses, including the loss of your principal deposited with the Private Wealth Management Service. Subscription to the Private Wealth Management Service involves inherent risks. In particular, please note that past performance or APR is not a reliable indicator of future results, future returns are not guaranteed, and a loss of original investment capital may occur. We make no representation, warranty, or guarantee regarding the profitability or future performance of any products under the Private Wealth Management Service;

2. 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 depositing the Digital Assets and subscribing to the Private Wealth Management Service;

3. the expected returns 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;

4. price fluctuations of Digital Assets and their derivatives may cause significant or total losses in a short period of time;

5. technical anomalies may occur, which may delay or prevent you from using the Private Wealth Management Service or performing related transactions and result in losses of your Digital Assets;

6. market anomalies may occur, which may result in losses of your Digital Assets;

7. to maintain an orderly market, we are 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; 

8. we are not your broker, dealer, intermediary, agent, or advisor. You acknowledge and agree that we do not have a fiduciary relationship with or fiduciary duty towards you in connection with any transactions, decisions, or other activities you undertake when using the Private Wealth Management Service. We do not provide investment or financial advice of any kind, and no communication or information provided to you by us is intended as, or should be construed as, advice of any kind. All transactions are executed based on the parameters of your order instructions. 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, and you alone shall be solely responsible for any Losses therefrom;

9. YOU UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR DECISIONS TO SUBSCRIBE TO ANY OF THE PRODUCTS UNDER THE PRIVATE WEALTH MANAGEMENT SERVICE, AND ANY LOSSES RESULTING THEREFROM. YOUR INVESTMENT OR SUBSCRIPTION IS AT YOUR OWN RISK;

10. you shall be solely responsible, and you assume and shall bear all risk of Losses, for all conduct relating to the Private Wealth Management Service or the use of the Private Wealth Management Service, including but not limited to the risks mentioned in herein. We expressly disclaim and do not take any responsibility for any Losses, liability, or damage incurred as a result of your access to and use of the Private Wealth Management Service. 

 

9. You may subscribe to the selection of Bybit Earn products bundled as a portfolio (each a “Portfolio”, collectively, “Portfolios”) as shown on your Private Wealth Management dashboard (“PWM Dashboard”). Before you confirm your subscription to a Portfolio under the Private Wealth Management Service, you will be able to review the details of the Portfolio, including but not limited to assets allocation, products allocation, and the amount of Digital Assets to be deposited for subscription of each of the Bybit Earn products in the Portfolio.

 

10. You are required to review and confirm all details of the Portfolio before subscribing to a Portfolio under the Private Wealth Management Service. When you confirm your subscription to a Portfolio, the system will use your Private Wealth Management Assets to place subscription for each of the Bybit Earn products in the Portfolio according to the asset and product allocation of the Portfolio.

 

11. After you have subscribed to a Portfolio, where available, you may choose to deposit additional Digital Assets into the individual Bybit Earn product under your existing Portfolio.

 

12. You may redeem your Private Wealth Management Assets for the respective Bybit Earn products under your subscribed Portfolio(s) by submitting a redemption request in accordance with the redemption rules or options available for the respective Bybit Earn products. 

 

13. You may redeem your Private Wealth Management Assets for the respective Bybit Earn products under your subscribed Portfolio(s) after the expiry of the Redemption Date or if available, on Early Redemption. 

1. After the expiry of the Redemption Date or when you opt for Early Redemption (where available), your Private Wealth Management Assets together with your accrued yield will be redeemed and the redemption process may take up to 7 days.

2. Your redeemed Private Wealth Management Assets together with your accrued yield will be shown as claimable assets (“Claimable Assets”) under your Portfolio on your PWM Dashboard.

3. You shall manually select the option to transfer your Claimable Assets into your Funding Account and your Claimable Assets will be credited into your Funding Account within 30 minutes. 

 

14. Instead of redeeming the entire amount of your Private Wealth Management Assets deposited with the respective Bybit Earn products in your Portfolio(s), where available, you may also redeem part of your Private Wealth Management Assets (“Partial Redemption”).

 

15. You understand, agree, and accept that:

1. the redemption amount may not be credited immediately, and the actual redemption amount received may differ from the estimated redemption amount displayed at the time of the redemption request.

2. between the redemption time and the actual arrival time, you will not be able to make any returns, transfers, or other commands to the redeemed Private Wealth Management Assets.

3. the actual time for the redeemed Private Wealth Management 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, or there are any other unanticipated events. The arrival time shown on the website is final and we shall not be liable for any losses caused by the difference in arrival time. 

 

16. For the avoidance of doubt, historical returns are not indicative of future returns. We do not guarantee that you will receive the full repayment of your Private Wealth Management Assets or the returns 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 Private Wealth Management 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:

1. involving or deriving from a manifest error (that is, any error, omission or misquote (whether an error of us or any third party) 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

2. 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 reserve the right to, without prior notice:

1. temporarily or permanently prohibit you from accessing or using the Private Wealth Management Service;

2. impose limits on your subscription for Private Wealth Management Service;

3. suspend or terminate the Private Wealth Management Service;

4. delay certain transactions in the Private Wealth Management 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 Private Wealth Management 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.