CFD Service Agreement

Updated as of October [-], 2025
BEFORE ACCESSING OR USING CFD SERVICEOR UNDERTAKING ANYCFD TRANSACTIONS, YOU MUST READ THIS CFD SERVICE AGREEMENTIN ITS ENTIRETY CAREFULLY.
TRADING CFDS ARE COMPLEX AND NOT SUITABLE FOR THE MAJORITYOF ORDINARY PERSONS. THE RISK OF LOSS IN CONNECTION WITH SUCHCFDSCAN BE SUBSTANTIAL. YOU SHOULD CAREFULLY EXAMINE YOURINVESTMENTOBJECTIVES,FINANCIALRESOURCESANDRISKTOLERANCEANDCONSIDERWHETHERUNDERTAKINGSUCHTRANSACTIONS IS SUITABLE FOR YOU. YOU SHOULD BE CAPABLE OFBEARING A FULL LOSS OF THE AMOUNTS INVESTED AS A RESULT OF ORIN CONNECTION WITH ANY ORDER.
This CFD Service Agreement (this “Agreement”) and the terms herein govern youruse of the CFD Services (as defined below) and related servicesentered into by andbetween you (the “User” or “you”, “your” or the “Participant”) and Gate(hereinafter also referred to as "Gate", "us", "we", or the "Platform") and is legallybinding upon you and Gate. By accessing and using any of our CFD Services, you aredeemed to have fully read, understood and agreed to the terms and conditions set forthherein.
This Agreement shall be supplemental to and constitute part of the Gate’s UserAgreement (available at https://www.gate.com/zh/legal/user-agreement)(“UserAgreement”) and should be read in conjunction with the Gate’s User Agreement.Therefore, unless otherwise stated in this Agreement, the capitalized terms used in thisAgreement shall have the same meaning given to them under the User Agreement.However, where a term is defined both in the User Agreement and in this Agreement,for the purposes of this Agreement only, the definition in this Agreement shall prevail.In the event of any conflict or inconsistency between the terms in this Agreement andthe User Agreement, the terms in this Agreement shall prevail with respect to CFDscontemplated hereunder unless expressly stated otherwise.

1.TERMS AND DEFINITIONS

a.Applicable Laws means any applicable common law, principles of equity,and laws made by a government or relevant authority or judicial body, includingregulations, rules, decrees, court judgments, arbitral awards, office directives,requests, policies, codes, circulars, guidelines or other instruments (whether ornot having the force of law), and consolidations, amendments, re-enactments orreplacements of any of them from time to time. These include anti-moneylaundering, anti-bribery, anti-terrorist financing, Sanctions, data privacy, tax andconsumer protection laws (as applicable).
b.CFDmeans aContract for Difference, being a form of leveraged derivativetransaction entered into between the User and a counterparty through a Third-Party Service Provider and the Third-Party Platform (acting as or through itsliquidity provider), for the purpose of speculating on or hedging againstfluctuations in the price or value of an underlying asset, index, or instrument,without any transfer of ownership or delivery of the underlying asset.
c.CFD Services means the technical facilitation and connectivity servicesprovided by Gate that enables Users to access and transmit Orders to a Third-Party Platform through Gate’s API or servers.
d.Digital Asset means a digital representation of value or rights which may betransferred and stored electronically, using distributed ledger technology orsimilar technology, including, but not limited to, cryptocurrencies, stablecoins,non-fungible tokens and tokenised derivatives of any other digital asset.
e.Loss meansany and all liabilities, damages, claims, demands, lawsuits,judgments, penalties, fines, settlements, and expenses of any kind or nature,whether direct or indirect, actual or consequential, including but not limited toreasonable attorneys’ fees and expenses, court costs, costs of investigation, andother out-of-pocket expenses incurred in connection with or arising from any ofthe foregoing (collectively, “Losses”);
f.MT5 PlatformmeansMetaTrader5platform(availableat https://www.metatrader5.com/en/trading-platform/web-trading), which may beconnected (i) through Gate’s API interface displayed on the Platform , or (ii) bythe User independently downloading Third Party Platform’s client terminalsoftware (accessing it through Gate’s servers), and which constitutes one of theThird-Party Platforms supported by Gate from time to time..
g.Order means an instruction, application, request or order to modify, cancel,or execute a CFD Transaction on a Third-Party Platform Third Party Platform asa maker or taker, sent, given or transmitted by you or on your behalf to Gate orwhich Gate reasonably believes to have been sent, given or transmitted by or onyour behalf, including any instruction, request or order to revoke, ignore or varyany previous offer, instruction, request application or order;
h.Referenced Asset means any tradable instrument offered on the Third PartyPlatform.
i.Tax means any and all federal, state, local or foreign taxes, fees, levies,imposts, and other similar charges (together with any and all interest, penaltiesand additions to tax) imposed, assessed or collected by any governmentalauthority responsible for the collection or enforcement of taxes.
j.Third-Party Platform means any external trading and settlement platformoperated by a Third-Party Service Provider (including, without limitation, theMT5 Platform) through which CFD Transactions are executed and settledindependently of Gate.
k.Third-Party Services Provider means any external party that conductsCFD, trading, fiat-crypto exchange, or other services independently of thePlatform, including but not limited to MT5 Platform. All references in thisAgreement to a Third-Party Service Provider shall be deemed to refer to a Third-Party Platform.
l.Trigger Event means any of the events specified under Clause 3.1 of thisAgreement that entitles Gate to suspend, terminate, or take protective actions inrespect of the User’s Account or Transactions.

2.CFD Service

2.1CFD Service

a.CFD trading transactions, including the placement and execution of Orders(“Transactions”), are made available on Gate’s Platform through an independentThird-Party Service Provider’s platform (the “Third-Party Platform”). Gateprovides technical access to the Third-Party Platform for the purpose of enabling youto transmit your Orders or settlement instructions to the Third-Party Platform. . AllTransactions are executed and settled on the Third-Party Platform and are governedby that Third-Party Platform’s applicable margin, leverage, trading, and risk-disclosure requirements. Any disputes, errors, or losses arising from your use of theThird-Party Platform shall solely remain between you and such Third-Party ServiceProvider, and Gate bears no responsibility or liability for such matters.
b.You acknowledge and agree that Gate does not provide or conduct any serviceswithin, through, or on behalf of the Third-Party Platform. Gate and the Third-PartyService Provider shall not, in any manner, be deemed to jointly offer any services orTransactions to users.
c.Users expressly understand and acknowledge that neither Gate nor Third PartyService Provider serves as your investment advisor or fiduciary. Any informationpresented during the use of Third Party Platform shall not constitute investmentadvice from us.

2.2Account

a.You agree that, in order to access and use the CFD Services, you mustmaintain an active account with us (“Account”) at all times during the course ofany Transaction.
b.You authorize Gate to collect, verify, and maintain your registration andidentification information (“Personal Information”) for the purpose of openingand maintaining your CFD trading account on a Third-Party Platform (the“Third Party Account”). Gate shall not transfer or disclose your PersonalInformation to the Third-Party Service Provider or any external service provider
operating the Third-Party Platform, except as required under Applicable Laws orregulatory obligations.
c.You acknowledge and agree that your Third Party Account is opened andadministered by Gate for your exclusive use to access CFD Services through theThird-Party Platform.
d.No interest will be paid on any funds in your Third Party Account or GateAccount, and any Digital Assets in your Third Party Account or Gate Account arenot insured by any governmental authority.
e.The User shall be solely responsible for maintaining the confidentiality andsecurity of all credentials, passwords, and devices used to access the GateAccount or any Third-Party Platform. Any access or transaction made throughthe correct entry of such credentials shall be deemed duly authorized by the User.Gate and the Third-Party Service Provider shall not be liable for any loss,damage, or unauthorized transaction arising from the User’s failure to maintainadequate security measures or from any unauthorized access, use, or disclosureof credentials, whether or not caused by the User’s negligence.

2.3Deposits and Withdrawals:

a.To conduct CFD Transactions,you acknowledge and agree that all depositsand withdrawals shall be made in USDT or such other Digital Assets as may bedesignated by Gate or the Third-Party Service Provider from time to time (the“Deposited Token”). Upon initiation of any CFD Transaction, the DepositedToken will be locked and automatically converted into a synthetic U.S. dollarequivalent (“USDx”) for the purpose of calculating margin, settlement, andrelated trading activities on Third Party Platform on a one-to-one (1:1) basis, orany exchange rate applied, at Gate or Third Party Service Provider’s solediscretion, at the time of conversion. User agrees to bear all associatedconversion risks from USDT to USDx, including but not limited to marketvolatility and slippage.
b.USDx may be converted to USDT at a 1:1 ratio, except where such USDxare used as margin or are otherwise allocated to open or unsettled positions.Conversion or withdrawal of such USDx shall only be available once the relevantpositions are closed and settled..

2.4Order, Execution, Cancellation, and Trading Procedures

a.Users shall only place an Order if they fully intend to complete theTransaction. Order matching is conducted automatically by the Third-PartyPlatform. Once an Order is successfully matched in part or in full (“Execution”),the Transaction shall be final and irrevocable. Prior to Execution, you may cancelany pending Order; however, if due to timing, system latency, or operationalconstraints such cancellation cannot be effected in time, Gate’s determinationshall be final and binding, and Gate shall bear no liability for any resulting loss orconsequence.
b.You acknowledge that, in certain cases, an Order may not be canceled ormodified even if it has not yet been executed. Gate makes no representation orwarranty that any Order can be canceled or modified. If the Order cannot becanceled or modified, you shall remain bound by the execution of the originalOrder. You further acknowledge that any attempt to modify, cancel, or resubmitan Order may result in over-execution or duplicate execution, for which Gateshall not be liable, and you shall bear full responsibility for any resulting lossesor consequences.
c.Gate reserves the right, at its sole discretion, to establish, modify, or adjustany trading, transaction, or exposure limits applicable to your activities on theThird-Party Platform, based on risk management considerations, marketconditions, regulatory requirements, or other relevant factors. Gate shall not beliable for any loss or restriction arising from such adjustments.
d.You acknowledge and agree that the actual transaction price may differfrom the price displayed on the Third Party Platform due to latency, marketvolatility, system delays, or other technical factors. Gate makes no representationor warranty as to the accuracy, timeliness or real-time nature of any displayedpricing information and shall not be liable for any loss arising from suchdiscrepancies.
e.You acknowledge and agree that Gate does not and cannot guarantee thatany Order placed through the Third Party Platform will be executed at the bestavailable or posted price. The execution price may differ from the price you setdue to market volatility, latency, slippage or other operational factors, and Gateshall not be liable for any loss arising from such price differences.
f.You acknowledge and agree that CFD Transactions conducted through theThird Party Platform require the maintenance of adequate margin in your GateAccount at all times. You are solely responsible for monitoring your margin leveland ensuring that sufficient funds are maintained to support your open positions.Gate is under no obligation to provide margin calls, warnings, or notifications inthe event of price fluctuations or margin deficiencies, and shall bear noresponsibility or liability for any loss, liquidation, or other consequence arisingfrom insufficient margin.
g.You acknowledge and agree that if you fail to maintain the required marginfor any open position, Gate shall have the right, but not the obligation, to initiatestop-loss or liquidation actions when your Third-Party Account balance reachesor falls below the applicable threshold. Gate is under no obligation to monitoryour positions, close any position, or take any action on your behalf, and shallnot be liable for any loss or consequence arising from insufficient margin or theliquidation of your positions.All determinations relating to margin thresholds,liquidation timing, and execution shall be made by Gate or the Third-PartyPlatform in their discretion and shall be final and binding.
h.You acknowledge and agree that any losses, costs, or damages arising fromthe compulsory stop-out or liquidation of any open positions shall be solely yourresponsibility and borne entirely by you. Gate shall not be liable for any suchlosses or consequences resulting from the exercise of any of its rights under thisAgreement, including, without limitation, any actions leading to or associatedwith the compulsory stop-out or liquidation of your positions.

2.5Fees

a.You acknowledge and agree that you shall pay a transaction fee (the“Trading Fee”) for each settlement transaction initiated by you. The currentTrading Fee rates are displayed on our Platform or Third Party Platform, andmay be calculated and deducted through USD, USDT or USDx. We reserve theright to change, modify, or increase the Trading Fee at any time. Any suchchange, modification, or increase shall become effective upon publication on theSites. If you do not agree to the published changes, modifications, or increases,you must cease using the CFD Services. Your continued use of the CFD Servicesafter the revised Trading Fee is published on the Sites shall constitute youracceptance of all such changes or revisions.
b.If you believe that you have been incorrectly charged a Trading Fee, youmust notify us immediately and provide supporting documentation. If you fail toraise any questions or objections within thirty (30) days from the first appearanceof the alleged erroneous Trading Fee on any of your account statement, you shallbe deemed to have accepted such fee, and any such fee shall be conclusive andbinding thereafter..
c.Additional fees may apply to certain features or services, as determined atthe sole discretion of Gate or the Third-Party Service Provider. Gate and theThird-Party Service Provider reserve the right to impose, modify, or adjust suchfees at any time without prior notice.Gate and/or the Third-Party Platform mayimpose, modify, or adjust such fees from time to time by posting updatedinformation on the Platform or the relevant interface. Unless otherwise specified,such changes shall take effect upon publication.

2.6Cancellation.

In the event of any of the following circumstances, we reserve the right to cancel theTransaction, in whole or in part. If we are unable to cancel the Transaction in time,you shall be solely responsible for, and shall fully compensate us for, any losses,costs, or expenses incurred in restoring such Transaction or undertaking any necessaryremedial actions.
a.The Transaction was caused by a recognizable interruption or malfunctionin the execution, settlement, or communication systems of Gate or the Third-Party Platform;
b.The Transaction is, in our sole discretion, deemed to be fraudulent,manipulative, or disruptive to other Users or the orderly operation of Third-PartyPlatform;
c.The Transaction was executed through a compromised or unauthorizedaccess;
d.The Transaction was executed by taking advantage of market failures,pricing anomalies, arbitrage opportunities, or off-market rates;
e.A technical issue prevented the Transaction from being executed asintended;
f.The Transaction was canceled or modified by a liquidity provider orcounterparty on the Third-Party Platform;
g.The Transaction was only partially executed by the liquidity provider; or
h.We determine, at our sole discretion, that your use of CFD Services,Account and/or Third Party Account, Transaction, or trading activities violate theterms of this Agreement or Applicable Laws.
2.7You further acknowledge and agree that market-making or liquidity-provisionactivities may occur on or through the Third-Party Platform, and that prices, spreads,and execution quality may vary depending on prevailing market conditions andsources of liquidity. Such activities may result in participants on the opposite side ofyour Transactions obtaining different or more favourable trading terms. Suchparticipation does not create any advisory or fiduciary duty toward you, and Gateshall have no obligation to disclose the identity, nature or trading positions of anyliquidity provider or participant.

3.TERMINATION

3.1Trigger Event

A “Trigger Event” shall be deemed to occur if:
a.any representation, warranty, agreement or undertaking made by you toGate (whether under or in connection with this Agreement, the User Agreementor otherwise) or any other material statement made by you in or in connectionwith the same is untrue, inaccurate, incomplete or misleading in any respect at
the time when made by you or thereafter at any time becomes untrue, inaccurate,incomplete or misleading in any respect and you fail to inform Gate of the trueposition as soon as reasonably practicable;
b.you have committed a breach of this Agreement or any Applicable Laws, orengage in conduct constituting fraud, market manipulation or other unlawfulactivity;
c.you have failed to comply with or perform any of your obligationscontemplated in this Agreement, whether in respect of your Account, any Orders,transactions or otherwise, and/or you have failed to comply with or perform anyobligation under the User Agreement or any other agreement with Gate relatingto CFD Services provided by Gate to you (including without limitation yourfailure to make, when due, any payment or delivery required to be made by youunder this Agreement, the User Agreement or otherwise);
d.you fail to promptly provide Gate with any documentation requested for thepurposes of any:

• i.“knowyour customer” checks, including, without limitation,documentation required for the purposes of verifying your identity, place ofaddress, legal authority/capacity and client classification status; and/or
• ii.creditchecks, anti-money laundering requirements or any otherinternal assessments conducted by Gate and/or Gate determines that youhave failed to successfully pass or otherwise satisfy any “know yourcustomer” checks, credit checks, anti-money laundering requirements or anyother internal assessments conducted by Gate;

e.(in the event that you are an individual), you become deceased, bankrupt orcommence action (or have any action commenced against you) to place you intobankruptcy or personal insolvency or you are otherwise unable to pay your debtsas and when they fall due;
f.(in the event that you are acting on behalf of a partnership) any of thepartners thereof shall become deceased, bankrupt or commence action (or haveany action commenced against them) to place them into bankruptcy or personalinsolvency or are otherwise unable to pay their debts as and when they fall due orif any action is commenced to dissolve the partnership;
g.(in the event that you are acting on behalf of a corporation) the corporationshall be unable to pay its debts as and when they fall due, or action iscommenced to place the corporation in insolvency, judicial management,receivership, administrative management, or any similar or analogousproceedings;
h.any investigation, claim, action or proceeding of any nature is commencedagainst you (including without limitation investigation into suspected market abuse, manipulation or other criminal conduct), you have breached ApplicableLaws or steps are taken by any person to enforce any security interest againstyou;
i.you convene a meeting of your creditors or propose or make anycompromise or arrangement with or any assignment for the benefit of yourcreditors;
j.any governmental, judicial, or regulatory authority requires Gate to suspendor terminate your participation in the CFD Services;
k.Gate has reasonable concerns in relation to your creditworthiness, financialstatus or verification of your identity (including, without limitation, anyverification of your place of residence or place(s) from which you are accessingThird Party Platform);
l.Gate determines in its sole and absolute discretion that you have acted in anabusive manner to any representative of Gate;
m.you directly or indirectly execute CFDs on Third Party Platform using morethan one Account;
n.unless alternative arrangements have been made between you and Gate withreference to a specific absence by you, at any time Gate is not able to contact youwithin 24 hours using reasonable means and contact points known to Gate;
o.Gate forms the view, in good faith, that it should take action in order topreserve its rights or interests under any Accounts or under its relationship withyou;
p.Gate reasonably believes that any of the circumstances set out under clauses3.1(a) to 3.1(o) above are likely to happen and Gate also reasonably believes thatany action described in clause 3.2 below is necessary, desirable or expedient toprotect its interests or the interests of Gate’s other clients;
q.a manifest error (that is, any error, omission or misquote — whether anerror is from us, Third Party Platform, any third-party service provider, or anyother third party that we assign — which is manifest or palpable, including amisquote by any of our representatives, taking into account the current marketand currently advertised quotes, or any error of any information, source, official,official result or pronunciation); or
r.a credible allegation of fraud, misconduct, embezzlement, moneylaundering, insider trading, market manipulation abuse, excessive volatilitycaused by deliberate sell-offs, or other material illegality, breach of regulation orimpropriety is made against you (whether by Gate, or any third party); Gatereasonably believes that you have used the CFD on Third Party Platform withimproper intent (collectively referred to as “Market Manipulation”).

3.2 Our rights

a.Without prejudice to any other right of Gate hereunder or otherwise at law,in the event a Trigger Event has occurred, Gate may (but is not obliged to)immediately or any time thereafter whilst your default of this Agreement iscontinuing, do any one or more of the following without prior notice:

• i.suspend (temporarily, indefinitely or otherwise) cancel or terminateany Account, any CFD Services provided to you and/or Gate’s broaderrelationship with you or prohibit you from opening any Account and/oraccelerate any and all of your liabilities to Gate (including any and all fees,interest, commission, and charges owed by you to Gate) so that they shallbecome immediately due and payable;
• ii.unwind or reverse any Orders and/or executed Orders, freeze any or allamounts allocated to your Account, and/or deduct any amounts allocated toyour Account;
• iii.rectify any error in your Account at any time and void or reverse anyexecuted Orders;
• iv.liquidate, accelerate, and/or close out any outstanding Orders(including any Orders and/or executed Order which has yet to be settled onthe date on which Gate terminates such Order and/or executed Order) bydetermining its value in good faith and in its absolute discretion as of thedate of such liquidation, acceleration or close-out as soon as practicablethereafter;
• v.at such times and manner as Gate may reasonably determine based on,but not limited to, market conditions and portfolio health, sell or otherwisetransfer any Digital Assets or other property which Gate may hold for you orwhich has been transferred to Gate by you and apply the proceeds to thedischarge of your obligations, subject to Gate’s rights to set-off and netamounts owed as between you and Gate as set out under this Agreement orotherwise under the User Agreement or Applicable Laws;
• vi.apply any amounts of whatsoever nature standing to your credit againstany amounts which you owe Gate, Third Party Platform, or the counterparty(of whatsoever nature and howsoever arising, including any contingentamounts), or generally to exercise Gate’s rights of netting and set-off as setout under this Agreement or otherwise under the User Agreement orApplicable Laws;
• vii.demand any shortfall after the application of clause 3.2(a)(vi) abovefrom you, or hold any excess pending full settlement of any other of yourobligations, or pay any excess to you by way of any methods deemedappropriate by Gate;
• viii.restrict your ability to withdraw any Digital Assets from any Account;
• ix.do or omit to do anything which Gate reasonably believes to benecessary, desirable or expedient to protect Gate or its other clients; and/or
• x.exercise such other authority and powers that may have been conferredupon Gate by this Agreement and/or the User Agreement.Gate shall, where reasonably practicable, provide notice to you afterexercising any of the foregoing rights.

b.To the extent permitted under Applicable Laws, you will be responsible forall reasonable costs and expenses of collection of any unpaid deficiency in yourAccount including, but not limited to, legal counsel’s fees incurred and payableor paid by Gate, and shall be responsible for any other reasonable costs andexpenses incurred by Gate in exercising any of its rights under this clause 3 inrelation to any Trigger Event.
c.You acknowledge and agree that, to the maximum extent permitted by law,Gate shall not be liable to you for any losses , damages, or costs arising out of orin connection with the exercise of its rights under this Clause 3.2.

4.REPRESENTATIONS AND WARRANTIES

4.1Acknowledgement

a.You acknowledge that trading in CFDs and using our CFD Services is ahighly speculative activity involving leverage and rapidly fluctuating markets.Despite such risks, you acknowledge, understand and agree that you are bothwilling and able to assume the financial risks and other hazardsassociated withtrading CFDs and using our CFD Services, and you further agree that you shallnot,in any manner, hold Gate responsible for any losses howsoever incurred byyou under or in connection with this Agreement, the User Agreement, orotherwise.
b.You acknowledge and agree that no information provided by Gate or Third-Party Platform, whether included in this Agreement or any other document orstatement, shall be deemed as business, legal, financial or tax advice. You mayand should consult your own business, legal, financial or tax advisers regardingespecially, inter alia, the particular opportunities, risks, obligations or furthercosts arising from the reception of and in connection with Digital Assets or CFDson Third-Party Platform. We and the Third-Party Service Provider do not act asyour broker, dealer, agent or consultant. You acknowledge and agree that for anytransactions or other decisions or activities through which you executeCFDs onThird-Party Platform, Gate and Third-Party Platform do not have a fiduciaryrelationship with or fiduciary duty towards you. No communication or
information provided by us to you, notwithstanding whether included in thisAgreement or any other document or statement, shall be deemed, considered orinterpreted as investment, business, legal, financial, tax, trading, or any othertype of advice. You shall determine whether any investment, investment strategyor related transaction is appropriate for you based on your personal investmentobjectives, financial condition and risk tolerance, and you shall be solelyresponsible for any and all losses or liabilities.. Gate and Third Party Platform donot make any recommendations to you regarding whether to buy, acquire, sell,transfer, hold any Digital Assets or whether to executeany CFDs on Third PartyPlatform. Before making a decision to buy, sell, transfer or hold any DigitalAssets/CFDs, you shall conduct due diligence and consult your financial advisor.Gate and the Third-Party Platform make no representation or warranty regardingthe suitability, profitability, or performance of any CFD Transaction or DigitalAsset, and shall not be liable for any decision made by you based on informationfrom the Platform.
c.In addition and without prejudice to any other right or remedy which Gatemay have under this Agreement, the User Agreement, Applicable Laws orotherwise, so long as Gate acts in good faith, it shall not be liable to you in anyrespect for any loss suffered by you, including, without limitation, any lossresulting from default, insolvency or analogous proceedings of, or action orinaction by any intermediary (including wrongful or unlawful action or inaction)or howsoever otherwise suffered and/or incurred by you under or in connectionwith this Agreement and/or the User Agreement. Gate shall only be liable to youif Gate is proven to have been fraudulent or to have acted in willful default.
d.Without prejudice to the generality of the foregoing, Gate shall not in anyevent be liable to you for any indirect, incidental, special, consequential, orpunitive losses or damages, or for any loss of profit, anticipated savings, orbusiness opportunity.

4.2Your representations and warranties

You represent, warrant, agree and undertake that:
a.You shall not sell, lease, lend or otherwise provide your Gate Account orThird Party Account for use by any third party, nor shall you act as a serviceprovider or use Third-Party Platform on behalf of any third party.
b.User, including the operation team of User, are not incorporated in theUnited States, or is not operating in or from the United States;c.you have full capacity and authority and have obtained (and will maintain)and are in compliance with all necessary authorisations, consents, licenses orapprovals (whether under Applicable Laws or otherwise) required to:

• i.accept and agree to the terms of this Agreement;
• ii.to initiate any Orders;
• iii.to enter into executed Orders; and
• iv.to open, maintain and/or continue to maintain a Gate Account and aThird Party Account.

d.you have not engaged in, and shall not engage in, any restricted financialservices, including but not limited to check cashing, bail bond services, or debtcollection activities.
e.you have made your own independent decisions to accept the terms of thisAgreement, open and maintain a Gate Account and a Third Party Account, toexecute CFDs on Third Party Platform and to initiate or issue Orders from timeto time and decide as to whether the CFDs on Third Party Platform are suitableor appropriate for you or the entity for whom you are acting based on your ownjudgment and advice from advisers as you deem necessary. You are not relyingon any communication (whether written or oral) from Gate or Third PartyPlatform as investment advice or as a recommendation to enter into anytransactions in relation to the Digital Assets/CFDs or as an assurance orguarantee of any expected results of such transactions or any Orders;
f.you have read and understood all the terms and conditions of thisAgreement and on relevant pages of the Sites and accept the conditions andlimitations for each and every service available to you in connection with ThirdParty Platform;
g.you are not an employee of any governmental or self-regulatoryorganization in any jurisdiction, including any Gate or a member firm thereof, orengaged in the business of dealing (either as agent or principal), that prohibitsyou from establishing a relationship with Gate, in dealing in any of the DigitalAssets/CFDs traded in connection with your Account, and you shall promptlynotify Gate if you become so employed;
h.you shall comply with all applicable laws and regulations and cease toaccess any CFD Services where such compliance becomes impossible;
i.you do not reside in the Restricted Locations as per set out in UserAgreement, or in any other jurisdictions in which Gate has restricted the offeringof Third Party Platform provided under this Agreement;
j.unless you specifically notify Gate and Gate agrees, no person other thanyou has any interest in your Account or in connection with your use of ThirdParty Platform;
k.except with the express written consent of Gate, and except for any securityor encumbrance created hereunder, no person has or will have any security or
other encumbrance over your Account and/or any Digital Asset held in yourAccount;
l.any Order placed or any other dealings with respect to your Account issolely and exclusively based on your own judgment and after your ownindependent appraisal and investigation into the risk associated with such Ordersand your own independent determination of the Order being specifically suitablefor you based on your own assessment of your financial resources, ability andwillingness to take relevant risks and financial objectives;
m.Gate shall not be under any duty or obligation to inquire into the purpose orpropriety of any Order and shall be under no obligation to accept or execute anyOrder;
n.any person(s) empowered to act on your behalf have been duly authorized;
o.you have complied and shall comply with all Applicable Laws in alljurisdictions relevant to your Account, any Orders or other service or facilityprovided or made available by Gate to you;
p.all information and/or documents provided by you or on your behalf to Gateor Third Party Platform in connection with the CFD Services contemplated underthis Agreement are true, accurate, complete and not misleading in any and allrespects, and nothing has been concealed from Gate which may have a materialbearing on Gate’s decision to provide or continue to provide any of the servicesunder this Agreement;
q.you shall not knowingly or recklessly permit the use of Gate’s Services,facilities or your Account in a manner which is in the opinion of Gate liable tobring Gate into disrepute, impair the dignity or degrade the good name of any ofthe foregoing. You shall not knowingly or recklessly create or maintain orexacerbate manipulations (or attempted manipulations), corners (or attemptedcorners) or violations of any Applicable Laws (or arrangements, provisions ordirections made or given thereunder), or otherwise act in a manner substantiallydetrimental to the interests or welfare of Gate or any of its other users;
r.no related parties of User (including User) has been involved in any marketmisconduct, gross negligence, fraudulent or illegal activities;
s.no related parties of User (including User) has been a party to anybankruptcy, insolvency, liquidation, winding-up or dissolution proceedings ortheir equivalent;
t.no related parties of User (including User) has been or is likely to be asubject or party to any regulatory or governmental investigations or inquiries,enforcement actions, disciplinary actions, sanctions, proceedings, claims or anyother actions having similar effects issued, initiated, published, demanded,ordered or enforced by any competent regulators or government authorities;
u.no related parties of User (including User) shall involve, participate in, orcarry out, directly or indirectly, any activities that damage or are likely to damagethe reputation and interests of Gate; and
v.no related parties of User (including User) shall perform any acts of control,intervention and manipulation of the market price of the CFDs on Third PartyPlatform.
The above representations, warranties, agreement and undertakings shall bedeemed repeated each time you place an Order or enter into any Transactions inrelation to the Digital Assets/CFDs.

4.3 Separate WarrantiesEach

warranty and representation in this Agreement is construed independentlyand is not limited by reference to any other warranty or representation.

4.4 Reliance on Representations

You acknowledge and agree that Gate provides the API connectivity and/oraccess to its servers for use in connection with the Third-Party Platform to you inreliance on the warranties, representations, and undertakings provided by you herein.

5.INDEMNITY

In addition and without prejudice to any other right or remedy of Gate under theApplicable Laws, the User Agreement or otherwise (but without duplication), youhereby agree to release Gate and its affiliates from liability for any and all losses, andyou hereby agree to at all times defend, indemnify, keep indemnified and hold Gateand its affiliates and any of its and their directors, officers, employees, serviceproviders, and agents harmless from and against any and all loss suffered or incurredby Gate which arises (whether directly or indirectly) out of, in the course of or inconnection with:
a.any breach of terms, representations or warranties or any failure by you tocomply with any provision of this Agreement or Applicable Laws;
b.Gate acting in accordance with your Orders and/or executed Orders or inany manner permitted under this Agreement and/or the User Agreement;
c.your violation of any laws or regulations of applicable jurisdiction(s) or therights of a third party and/or the actions or inactions of any third party to whomyou may grant permission to use your Account or access our website, software,and/or system of Gate (including any network and servers used to provide ThirdParty Platform) operated by us or on our behalf, or the participation of ThirdParty Platform on your behalf;
d.any changes in any Applicable Laws that impact Third Party Platform;and/or
e.any act or thing done or caused to be done by Gate in connection with orreferable to this Agreement, the User Agreement or your Account.
You shall further indemnify, keep indemnified and hold harmless Gate any of itsdirectors, officers, employees, service providers, and agents for any and all expenses,costs and legal fees (on a full indemnity basis) incurred, including but not limited toexpenses, costs and legal fees incurred for producing records, and information, orpayment made (whether such payment is or was or is to be made in settlement of anyproceedings or in connection with any ruling, judgment, order or award) by any ofthem in connection with any investigations or proceedings (whether legal, regulatory,arbitration or other proceedings) brought against it in connection with clauses 5(a) to(e) above. You shall provide any and all reasonable assistance to Gate in connectionwith such investigations or proceedings.

6.RISK STATEMENT

Apart from any risks disclosed in the User Agreement, on our Sites and throughour communications to you from time to time in relation to Digital Assets andmarkets, the following risks are likely to be associated with your use of the Third-Party Platform and your transactions of Digital Assets/CFDs:
a.Market Risks:
You acknowledge that Transactions carry inherent market risks, including but notlimited to significant price volatility, rapid market movements and sudden changes intrading volume or liquidity. Such volatility can arise from market demandfluctuations, technological advancements, changes in market sentiment, andmacroeconomic factors. You accept that this volatility may affect the value of DigitalAssets both positively and negatively, and you enter into transactions with fullawareness of the possibility of rapid and substantial changes in asset value. You maylose all or a substantial portion of your capital. In particular, the Digital Assets youagree to purchase may experience a decline in value, and you may receive fewerDigital Assets than the amount you paid.
b.Regulatory Risks:
The regulatory environment governing Digital Assets and CFDs is evolving anduncertain. Such regulatory changes, including but not limited to the imposition of newcompliance requirements, restrictions, or outright bans on the trading of certain assets,may materially impact the value, legality, and transferability of Digital Assets. Youagree to bear all risks stemming from legal and regulatory modifications and confirmthat we bear no liability for losses arising from such changes.Gate bears noresponsibility or liability for losses caused by changes in Applicable Laws or
regulatory actions affecting the Third-Party Platform or its participants.
c.Operational Risks:
There may be potential delays or interruptions in the operation of the Sites due tovarious factors including but not limited to technical malfunctions, distributed denial-of-service (DDoS) attacks, system maintenance, software errors, or othercybersecurity incidents. While Gate and Third Party Platform take reasonablemeasures to ensure the continuity and security of its operations, you accept that suchrisks may result in delayed transactions or loss of access to their assets or accounts ona temporary basis.
d.Settlement Risks:
There may be unforeseen circumstances that could prevent timely settlement oftransactions. You acknowledge and agree that the settlement period may vary or bedelayed in some circumstances, including but not limited to events of extreme marketvolatility, network delays, a significant number of simultaneous instructions to redeemfrom other users, or any other unanticipated events. You understand and agree thatsettlement times are not guaranteed and that such delays or cancellations mayadversely affect the value of Digital Assets and your Order Price may be held on thePlatform longer than intended. Gate shall not be responsible for any losses oropportunity costs arising from delayed or failed settlements.You will not be able tomake any returns, transfers, or other instructions regarding Order Price and that Gateshall not be liable for any losses or damages incurred as a result of these listing andsettlement risks. Further, you understand that we may only be able to fulfill a portionof your Order. In such cases, you agree to accept partial delivery, and any necessaryadjustments to the purchase price will be made accordingly.
e.Liquidity Risks:
Certain Digital Assets or CFDs may have limited trading volumes or depth,resulting in price slippage, widened spreads, or inability to execute Orders at desiredlevels. Gate makes no representation or warranty regarding the liquidity of any marketor asset. You must carefully consider the potential impact of illiquidity before placingany Order.
f.Risk of Total Loss:
You acknowledge that all CFD Transactions are entered into at your sole risk.You may incur total loss of margin, collateral, or invested capital, and you bear fullresponsibility for any resulting losses. You should carefully assess your financialresources, risk tolerance, and trading experience before using CFD Services and seekindependent professional advice where appropriate.
g.Leverage Risk:
CFD Transactions involve the use of leverage, which amplifies both potential
gains and potential losses. A small market movement may cause disproportionatelosses relative to your initial margin. Maintaining sufficient margin is yourresponsibility at all times. Failure to do so may result in the automatic liquidationof your positions without prior notice.Gate shall not be liable for any resultingloss or cost.
h.Technology, Custody, and Third-Party Risk:
The CFD Services are facilitated through a Third-Party Platform that operatesindependently of Gate. Gate does not control the execution, custody, orsettlement processes of the Third-Party Platform. Any error, default, insolvency,or security breach of that platform or its liquidity providers may cause delays,asset loss, or trading restrictions. You agree that Gate bears no responsibility forsuch risks or for any actions, omissions, or failures of any Third-Party Platformor service provider.
i.Counterparty Risk:
Transactions executed through the Third-Party Platform may depend on theperformance of liquidity providers or counterparties. Their default, insolvency, orfailure to perform may result in partial or total loss of your assets. Gate does notguarantee the performance or creditworthiness of any such third party.
j.Legal and Tax Risk:
The tax treatment of Digital Assets and CFDs may vary by jurisdiction and issubject to change. You are solely responsible for determining your tax obligationsand compliance with local laws. Gate provides no tax advice or guaranteeregarding the tax treatment of any Transaction.
k.Other risks:
Other risks inherent in the use of the Third-Party Platform include, withoutlimitation, incorrect market predictions, data feed errors, human mistakes, systemlags, or misinterpretation of market data. CFD trading is best suited for professionalor experienced traders who understand leverage, margin requirements, and risk-hedging strategies. Due to position-adjustment mechanisms, financing charges, andmarket volatility, the risk of holding CFD positions for extended periods is extremelyhigh. The longer you maintain an open position, the greater the exposure to pricefluctuations, funding costs, and market drift, all of which may significantly reduce oreliminate potential returns.

7.RETENTION OF YOUR PERSONAL INFORMATION

a.You acknowledge and agree that we may retain and store your personalinformation and relevant data collected during your participation in Third PartyPlatform and in connection with your Gate Account for such prescribed period of time after the clos