1. This Agreement for Fund Pool Service (“Agreement”) governs your use of the Fund Pool 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 Fund Pool Service (as defined below). By using the Fund Pool Service you agree to be legally bound by this Agreement, the Service Agreement and all other terms and conditions and rules relating to Fund 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 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 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 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.

 

APR	has the meaning assigned to it in Clause 10;
Auto Reinvest	has the meaning assigned to it in Clause 12;
Fund Pool	means a fund set up under the Fund Pool Service;
Fund Pool Service	a service whereby User deposits their Digital Assets in a Fund Pool during the Term, in return for interest at the APR published on the Platform;
Early Redemption	means redeeming your Fund Pool Assets on a date earlier than the Redemption Date;
Fund Pool Assets	means the Digital Assets that you deposit in the Fund Pool Service;
Term	has the meaning assigned to it in Clause 9;
Redemption Date	means the last day of the Term.

 

 

 

6. The Fund Pool Service allows you to deposit your Digital Assets on the Platform and earn interest. Bybit is responsible for the management and operation of the Fund Pool Service.

 

7. In subscribing to the Fund Pool Service, you agree and confirm the following:

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

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

c. You irrevocably authorize Bybit to deal with your Fund Pool Assets in any way it deems fit to generate the yield rate displayed on the Platform, including but not limited to distributing the whole or part of your Fund Pool Assets to third-party trading firm(s) for the management and investment of your Fund Pool Assets;

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

1. 1. minimum amounts of Digital Assets required to be deposited in order to subscribe to the Fund Pool Service;
   2. the size of the Fund Pool;
   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 the Fund Pool and guarantee that the sources of these Digital Assets are legal.

 

8. You understand and accept the risks that may arise from using the Fund Pool Service and the losses that you may suffer from using the Fund Pool 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 depositing the Digital Assets and subscribing to the Fund Pool Service;

b. the expected returns displayed on the Platform are the theoretical estimates of returns; they are not the actual returns guaranteed or promised by Bybit. 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 Bybit in its sole discretion. Bybit does not make any guarantee or promise to the actual returns 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 Fund 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. Any changes may benefit or harm individual customers like you.

 

9. You may subscribe to a particular Fund Pool by depositing your Digital Assets for a period specified to be available for each subscription (“Term”). Any selection you make when subscribing for the Fund Pool Service is final, and cannot be canceled, revoked, or edited.

 

10. Your Fund Pool Assets will yield interest at an annual percentage rate published on the Platform when a subscription is made (“APR”). The APR for any particular Fund Pool 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.

 

11. Interest on your Fund Pool Assets will accrue starting from T+1 and will be distributed to you on Redemption Date or on Early Redemption, as the case may be.

 

12. You may redeem your Fund Pool Assets on Redemption Date or if available, on Early Redemption. If you choose to redeem your Fund Pool Assets on Redemption Date, your redeemed Fund Pool Assets together with your earned interest will be automatically credited into your Funding Account within 10 minutes after the expiry of the Redemption Date. If you opt for Early Redemption, where available, you shall manually select the redemption option on the Platform and your redeemed Fund Pool Assets together with your earned interest will be credited into your Funding Account within 48 hours of your request. 

 

13. You understand and agree that 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 Fund Pool Assets. You understand and accept that the actual time for the redeemed Fund Pool 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 caused by the difference in arrival time.

 

14. You may opt to reinvest your Fund Pool Assets together with the interest earned in the preceding Term, for subsequent Terms (“Auto Reinvest”). Bybit reserves the right to enable or disable the Auto Reinvest function in its sole discretion. Once enabled, Auto Reinvest will commence on the expiry of the initial Redemption Date and continue to be automatically renewed for the same duration as the initial Term and at the then prevailing APR on the renewal date, until the occurrence of any of the following event: (a) you cancel the Auto Reinvest 30 minutes before a Redemption Date; (b) the Fund Pool has been fully subscribed or reached its subscription limit or (c) the Fund Pool has been delisted or removed by Bybit in its sole discretion. If Auto Reinvest is canceled for any of the foregoing reasons, your Fund Pool Assets together with earned interest will be credited into your Funding Account within 48 hours of cancellation.

 

15. For the avoidance of doubt, historical returns are not indicative of future returns. Bybit does not guarantee that you will receive the full repayment of your Fund Pool Assets or 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 Fund Pool Service is an estimate only and not guaranteed.

 

16. 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. 

 

17. 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:

a. 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

b. to reflect what we reasonably consider to be the correct or fair details of the transaction.

 

18. 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.

 

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

a. temporarily or permanently prohibit you from accessing or using the Fund Pool Service; 

b. impose limits on your subscription for Fund Pool Service;  

c. suspend or terminate the Fund Pool Service;

d. delay certain transactions in the Fund 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.

 

20. You shall comply with all applicable laws and regulations and ensure and cease using the Fund Pool Service where such compliance is no longer possible.

 

21. 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.