Terms of Service

Below is a summary of the BiyaPay Terms of Service for your convenience and reference only. You must read the full Terms of Service below to understand the legally binding terms.

BiyaPay Terms of Service Summary

This summary outlines the “Terms of Service” applicable to your use of our website, platform, transactions, and other services. This summary is not legally binding and is for reference only. Although we hope that this summary will be helpful to you, please read the complete “Terms of Service” below to understand the legally binding terms.

• Accounts and Eligibility . The Terms of Service set out your eligibility criteria for using our Services and Platform. It also includes requirements regarding who can create an account and what you cannot do with your account.
• Our Services. Below you will find the terms regarding how to use our Services. There are fees for our Services and the Terms of Service provide more information about these fees and how you can pay for them. There are also many ways in which you are prohibited from using our Services or Platform, some of which are described below.
• Availability of Supported Assets and Services . Some assets or services may be unavailable or only available in certain jurisdictions. We may also stop supporting certain assets or stop providing certain services.
• Changes . The Terms of Service discuss changes we can make to our Services, Platform or the Terms themselves, including how we may suspend or terminate the Services or Platform or your account. We may change the Terms of Service, our Services or Platform at any time without notice. By continuing to use our Services and Platform, you agree to the Terms of Service and any changes thereto.
• Risks and Liabilities . There are risks associated with using our Services, and the Terms of Service cover some of these risks. The Terms of Service also cover your liability for taking risks, limiting our liability to you, limiting the remedies you may have against us, and the ways in which you may seek those remedies.
• Uninsured . We are not a bank or other depository institution. Your account is not a deposit account or a bank account. Your account and assets are not covered by loss insurance, nor are they protected by deposit insurance companies or securities investor protection companies or any similar organizations in the world.
• Attachment . You may have the opportunity to use the additional services we offer. The attachment to the Terms of Service contains the terms and conditions of the additional services.
• Dispute Resolution . We want to avoid disputes, but if a dispute arises, you need to resolve it with us through arbitration, and the ways in which you can seek relief may be limited.
• Termination of Account . You may terminate your account at any time by transferring assets and exchanging the legal balance for a financial account and stopping the use of our services. Certain terms of our relationship remain in effect after you terminate your account, as detailed below.

The following are binding and enforceable terms of service.

BiyaPay Terms of Service

Last updated: June 19, 2024

Please read these Terms of Service (including all attachments, " Terms “) carefully, as they are binding and govern your use of our Services and our website (including
https://www.biyapay.com/ and https://cn.biyapay.com/ and the mobile applications through which you access our Services (” Platform "), and any applicable third-party terms that you may agree to when using or receiving our Mobile Applications (e.g., the terms of the Apple AppStore or GooglePlay, if applicable). If these Terms conflict with any such third-party terms, they shall prevail to the extent of the conflict. By accessing or using our Services or Platform, or by creating an account, you agree to these Terms.

These Terms are subject to change at any time without notice, including updates to: (1) reflect changes in our Services and Platform or the way we do business; (2) reflect the addition of new services, features, technologies or offers; (3) respond to legal, regulatory or security developments; or (4) prevent damage to our Services and Platform or users who use our Services and Platform. These Terms can only be modified in writing, and any changes will be effective from the last updated date above. You should check these Terms frequently for updates. If you continue to access or use our Platform or Services after we change these Terms, you agree to all of our changes.

We provide our services and platforms to users in many countries/regions. Therefore, not all services are available on every platform or region, and these services and platforms may be provided to you by one of our affiliated entities.

These Terms are a legally binding agreement between " you " (an individual or entity acting through an authorized individual) and BIYA GLOBAL LIMITED (including its affiliates, " us ", " our ", " BiyaPay ", " BIYA GLOBAL ").

To make these terms easier to read, we have organized them as follows:

Terms of Service

1.Qualification; account

2.Assets into

3.Withdrawal or remittance

4.Transaction

5.Expenses; taxes

6.Backed assets

7.Content

8.Restrictions

9.Risk

10.Disclaimer

11.Limitation of liability

12.Guarantee

13.Dispute resolution; arbitration; applicable law

14.Suspension; termination; suspension

15.Legal disclosure

16.Personal data

17.Notice

18.General

19.Definition

1.Qualification; account

Qualified

To use most of our services, you will need to create an account with us. Your account may hold certain assets. To use any of our services or create an account, you must meet at least the following conditions (" Conditions "):

• If you are an individual, you must reach the age at which you can legally enter into a binding contract in your jurisdiction (in Singapore, this age is 18, but it may vary in your region).
• If you are an entity, you must be formally established and validly exist in accordance with applicable laws within the jurisdiction of your organization.
• Have a current and valid email address, mobile phone number, and identification.
• Have full power and authority to enter into these Terms without violating any other agreements you have entered into.
• Not restricted from using our services.
• If you are an individual, you are not located in, not subject to, or residing in any sanctioned or embargoed jurisdiction (including Crimea, Cuba, Donetsk, Iran, Luhansk, North Korea, Russia, Belarus, and Syria), or any jurisdiction where we may restrict the use of any services; or if you are an entity, you are not directly or indirectly owned or controlled by anyone located in, organized by, or residing in any sanctioned or embargoed jurisdiction (including Crimea, Cuba, Donetsk, Iran, Luhansk, North Korea, Russia, Belarus, and Syria).

In addition, you may be required to comply with other requirements within your jurisdiction in order to open an account or use the Services. We will use reasonable efforts to notify you of such other requirements, but your ability to open an account and use the Services is subject to these other requirements, whether or not notice is given. By creating an account or using the Services, you represent and warrant that you meet all conditions. If you no longer meet the conditions, you must immediately notify us and stop using your account and Services. We may require you to provide proof of eligibility. Even if you meet the conditions, we may determine in our sole discretion that you are not eligible to have an account or use the Services.

You authorize us to conduct investigations directly or through third parties that we believe are necessary to verify your identity, confirm the above eligibility requirements, protect you or us from fraud or other financial crimes, and that we believe may help comply with these terms and applicable laws. You understand and agree that we may take actions that we reasonably believe are necessary based on the results of such investigations. We are not obligated to notify you of the results of any investigations, and you expressly waive any obligation that we (or affiliated companies) may take or advise you to take any possible remedial measures. When we conduct these investigations, you acknowledge and agree that your personal information may be disclosed to credit counseling and fraud prevention or financial crime agencies, and these agencies may respond to our investigations in full.

Your event

You agree and represent and warrant that you will:

• Do not use your account for the benefit of anyone other than yourself.
• Do not share your account or password with anyone.
• Maintain the security of your account, including setting a strong password for your account that you will not use elsewhere.
• If you detect or suspect any security bugs in your account, please notify us immediately.
• To the fullest extent permitted by applicable law, we are responsible for all activities that occur under your account and accept all risks of any authorized or unauthorized access to your account.
• Always provide accurate, complete, truthful, and up-to-date information (including email addresses, mobile phone numbers, and street addresses) when using any account or service, including transactions, transfers, and any screen prompts displayed within the service or our platform.

We may decide in our sole discretion whether it is necessary or appropriate to suspend or even terminate your account. For information on account suspension or termination, please refer to Section 14 below.

You are fully responsible for all acts and omissions that occur under your account, and all actions taken using your account will be considered your own.

2.Assets to

Account

Many of our services require you to have certain assets in your account. To transfer assets to your account (" Transfer “), you need to be the actual or Beneficial Owner of a bank account maintained outside of the service (” Bank Account ") and your bank account must be approved by us. We do not approve all bank accounts and may revoke approval of any bank account at any time without notice.

We are not responsible for the use, management, or security of any bank account. By using a bank account to obtain services, you represent and warrant:

You are the actual beneficiary of the bank account.

(2) You comply with all terms and conditions applicable to bank accounts;

(3) You have the right to deposit and withdraw money from your bank account.

(4) You have provided us with complete and accurate information about your bank account.

Before accepting any transfer from a bank account, we may ask you to verify that you control the bank account, and you agree to provide us with all information necessary for such verification.

Our service only supports certain types of assets. If you attempt to transfer assets that we do not support or accept, you may permanently lose such assets, and we will not be responsible for your losses. We may, at our discretion, attempt to identify and return such assets, but we are not obligated to do so. If we choose to do so, we may charge you fees to cover the costs and fees associated with identifying and returning such assets or cryptocurrency. Such fees may be deducted from assets that are improperly transferred.

Implementation

We do not control or guarantee the time required to complete the transfer. This time range depends on the performance of third parties, including third-party financial institutions or payment services.

Once a deposit and publish is initiated, it may not be possible to cancel. All deposits and publishes are final and non-refundable once completed, but you can be assets. We may refuse any transfer or impose restrictions on your transfer at any time and without notice. If you withdraw a deposit, publish, payment, or other transaction from your bank account, you authorize us to cancel the transaction or use other assets and legal currency in your account to complete the transaction or resolve any shortfalls or negative balances resulting from it, including exchanging assets or legal currency in your account for other types of assets or legal currency and deducting any applicable fees.

We may charge you deposit and publishing fees. See Section 6 for more information on fees. Use of financial accounts may also incur third party fees and we are not responsible for any such third party fees.

Custody and ownership of assets

The assets in your account, including those received, are assets held by us for you. Ownership of the assets in your account remains with you at all times and will not be transferred to us, except as otherwise provided in this Agreement. The assets in your account or any other client account are not our property, are not lent to us, or are not the subject of claims by our creditors. We will not treat the assets in your account or any other client account as or as our property. However, the court may disagree with our treatment of your assets and make them the subject of claims by our creditors. We cannot grant a security interest in the assets in your account (but we do not represent or warrant that any assets are free of any security interest or other lien or encumbrance). We will not sell, transfer, lend, mortgage, or otherwise transfer any assets in your account unless required by a court order that appears to be valid or provided for in these Terms, unless you instruct us to do so. You own and control the assets in your account. You may withdraw your assets from your account as described in these Terms.

3.Withdrawal or remittance

You may transfer assets from your account (" Withdrawal " or " Remittance ") into our approved bank account. You may withdraw up to the total amount of assets in your account, less any fees associated with such withdrawals. You cannot withdraw or remit assets if the balance of assets in your account falls below any minimum balance requirement, the amount required to satisfy any unposition squaring position, or any fees you owe.

When you request a withdrawal or money transfer, you authorize us to remove assets from your account or transfer money to your bound bank account, with any fees deducted in each case. Withdrawals or money transfers may not be completed in part or in full, including because third-party accounts reject your assets, or third-party accounts are unavailable. We will attempt to complete withdrawals or money transfers that can be completed within a reasonable time after your request (whether in part or in full), but we cannot guarantee that withdrawals or money transfers will be completed within any specific time. We are not responsible for any losses caused by any rejected withdrawals or money transfers.

Once a withdrawal or remittance is initiated, it may not be possible to cancel. All withdrawals or remittances, once initiated, are final and irrevocable. We may refuse any withdrawal/remittance at any time and without notice, or impose restrictions on the withdrawal/remittance you can make (e.g., in terms of size and frequency).

We may decide in our sole discretion whether it is necessary or appropriate to suspend your withdrawal or remittance rights. We reserve the right to indefinitely suspend your withdrawal or remittance rights to ensure compliance with these terms or any legal, regulatory or administrative obligations or guidance (at our sole discretion).

4.Transaction

Generally speaking

Depending on eligibility requirements and geographical restrictions, our services may allow you to trade through your account:

• Exchange one asset for another.
• US stock assets or Hong Kong stock assets and their derivative assets.
• Digital currency assets and their derivative assets.

The assets available for trading may change without notice. In addition, you may not be able to trade certain assets for certain other assets.

Please refer to our Help Center for more information about trading, including some important terms related to trading. If you do not understand all the content of our Help Center or important terms related to trading, please do not make any transactions.

Implementation

More information about using assets to fund your account before trading. To trade, you must submit an order through the service. Some order types may not be suitable for your use, and we may delete or change any order type at any time in our sole discretion. Order types may be limited to certain assets, and not all assets may be traded for each order type.

When you submit an order, you authorize us to execute transactions based on the order (and the type of order you choose, if applicable) and charge you any applicable fees and taxes. We cannot guarantee that any order will be traded at any specific exchange rate, and the exchange rate that may be used for your order may be different from that provided by a third party. We are not responsible for matching any third-party exchange rates or providing you with any specific exchange rates. The actual exchange rate for order execution may be different from the current market exchange rate indicated by our service when you place your order, and we are not responsible for any such differences or any price fluctuations of assets. Any exchange rate displayed on our platform is only valid for a specific period and may not be the latest. If the order type you have selected for your order is set to execute only at a specific price or only when certain incidental conditions are met (e.g., limit orders), we cannot guarantee that the order will be executed in whole or in part.

We may provide you with confirmation information for successfully executed transactions. If we do not provide confirmation information, it does not mean that the transaction did not occur. Your “Historical Orders” page will reflect successfully executed transactions. The profits from successfully executed transactions will be credited to your account, minus any applicable fees, and the assets you traded with these profits will be deducted from your account.

We may refuse any transaction or other transaction in our sole discretion, whether or not confirmed by you, and we are not responsible for any refusal.

After receiving BiyaPay’s indicative transaction terms and fees, you enter the specified transaction pair and quantity of orders to complete the transaction, and we will act as your counterparty to complete the transaction.

Transactions where you submit a limit or market order will be executed by us on your behalf as an agent.

You understand that applicable transaction fees and taxes may change. We will show you the applicable fees we charge before proceeding with the transaction. By confirming the transaction, you agree to pay all such applicable fees. If your transaction is rejected (which rarely happens), you will not have to pay any such fees.

Cancel

All transactions are final and non-refundable. Unless otherwise provided in these Terms, all orders cannot be cancelled, including before or after we execute the transaction. In some cases, you may have the opportunity to request cancellation of an order before we execute the transaction, but we may refuse any cancellation request in our sole discretion. If we comply with such cancellation requests, it does not mean that we will cancel future orders in the same or similar circumstances. If your transaction or other transaction is unsuccessful, or if your payment method does not have sufficient assets to complete the transaction or other transaction, you further authorize us to cancel the transaction or transaction or use other assets in your account to complete the transaction or resolve any shortfall or negative balance resulting from it, including exchanging assets in your account for other types of assets and deducting any applicable fees and taxes.

Error

If an error occurs, whether through our services or platforms, in purchase order confirmations, in processing your purchases, in funding your account, in transferring assets to a bank account, or in any other transaction, we reserve the right (and you authorize us) to correct such errors, including modifying transactions (including charging the correct price), canceling transactions, or taking any other action to resolve errors (including exchanging assets in your account for other types of assets and deducting any applicable fees and taxes to correct errors).

Insufficient assets

If there are not enough assets in your account to complete the transaction, we may choose to cancel the entire transaction or use the amount of assets currently available in your account less any fees and taxes to complete part of the transaction.

Restrictions

We may at any time and without prior notice (1) refuse to execute any transaction or order, including if you do not hold or reflect sufficient assets in your account, and (2) impose restrictions on transactions.

5.Expenses; taxes

Our fees

You agree to pay us all applicable fees related to your use of the service, including transaction, transfer, wealth management, and withdrawal/remittance fees. You authorize us to deduct a certain amount of assets from your account (as appropriate) to pay for any applicable fees related to your use of the service. The relevant fees are displayed in our Help Center…

We may change fees and fee schedules at any time without notice. Changes to fee schedules take effect from the effective date displayed on the fee schedule and will apply to your use of the service in the future.

If we determine that the funds are insufficient to pay any fees, you hereby authorize us to sell sufficient assets from your account to pay any payable fees. You are responsible for any and all additional fees incurred in selling assets to pay us fees.

If you fail to pay fees or any other amounts owed to us, these unpaid amounts will accrue interest at the prescribed annual rate or the maximum amount allowed by law. In addition, we may transfer your unpaid amounts to third parties for collection, and we will charge you a certain percentage of the unpaid amount or the maximum percentage allowed by applicable law to pay for our collection-related expenses.

Third party fees

Your use of the service may also incur third-party fees, such as fees related to your bank account or other fees. You are responsible for paying all such fees.

Taxes and fees

You are solely responsible for determining the applicable taxes and fees when using the service (including transactions, deposits, and withdrawals), and declaring and remitting the correct taxes and fees to the relevant tax authorities. You agree that, unless otherwise provided by law, we are not responsible or obligated to determine applicable taxes or collect, declare, withhold, or remit any taxes or fees generated by transactions.

Notwithstanding any contrary provision in this Agreement, we may deduct (or, as the case may be, deduct) national, provincial, local income tax, non-income tax, or other taxes from any amount due or payable to you, which may be required to be deducted under any applicable law or regulation of any jurisdiction or tax authority. You authorize us, at our sole discretion, to increase any applicable fees in lieu of separately specified taxes to make up for taxes owed on specific transactions conducted using our services.

We are subject to various obligations imposed by tax laws (and others) and regulatory authorities in different jurisdictions. These obligations may require us to request additional information, documents or proof from you and to process certain personal data for identity verification, payment processing, compliance with court orders, tax laws or other purposes not disclosed herein. Please refer to our Privacy Statement for information we may collect about you. These obligations may arise at various times, including but not limited to system checks for customer payment processing and risk management, and are subject to change without notice. We reserve the right to lock, disable and close accounts as we deem necessary to comply with any such existing or future legal and regulatory obligations imposed.

6.Backed assets

The assets supported by our services are marked on our website (please check the corresponding help center), and we may change them at any time without notice, at our discretion. Some assets may not be available for trading, transfer, wealth management, withdrawal, or remittance in certain jurisdictions. The availability of assets on the platform for trading, transfer, wealth management, withdrawal, or remittance does not guarantee that such assets will be available for trading, transfer, wealth management, withdrawal, or remittance in the future. You are solely responsible for monitoring which assets are supported by the service BiyaPay. Even if you are engaged in time-sensitive trading, transfer, wealth management, withdrawal, or remittance, we are not responsible for stopping support for any specific asset. We reserve the right to stop supporting any asset with or without notice. You acknowledge and agree that we may take any action necessary to stop supporting an asset, including but not limited to canceling your trading order and requiring you to remove the stopped asset from your account within a reasonable time, and in no event shall we be liable for any direct or indirect losses, damages or costs suffered by you as a result of any action or inaction we take under this Agreement to stop supporting the asset.

7.Content

Our Content. (1) We or our licensors own our Services and Platform, (2) all content, materials, software and trademarks thereon, (3) their choices and arrangements, and all intellectual property rights thereto (collectively, " Our Content "). As long as you comply with these Terms, you may use our Services and our Content provided to you as part of our Services, but only for your own use. We may revoke this license at any time for any reason. Other than the limited revocable license in the previous sentence, you do not own or acquire any rights to our Content. If you wish to use our Content for any other purpose, you must first contact service@biyapay.com for permission.

Your Content. You may have the opportunity to transmit Content or Materials on or through our Services or Platforms (" Your Content" ). You grant us a perpetual, irrevocable, royalty free, worldwide, fully sublicensable, non-exclusive right and license to use and exploit Your Content in any manner and for any purpose.

Feedback. You may provide us with feedback, suggestions or ideas related to our Services or Platform (" Feedback "). You represent and warrant that you have the right to provide us with any feedback you provide. You agree that we will own all feedback and you hereby irrevocably transfer to us all rights, title and interest in all feedback.

Other Content and Services. When using our Services or Platform, you may encounter links to third-party content, or you may have the opportunity to use third-party services related to our Services or Platform. We do not control or endorse any third-party content or services, nor are we responsible to you in any way for third-party content or services. Your use of third-party content or services may be subject to additional terms and conditions of the third-party provider, of which we are not a part. If any third-party terms and conditions conflict with these terms, you agree that these terms shall prevail.

8.Restrictions

You won’t:

• Use our content to engage in, pay for, or support any illegal, fraudulent, deceptive, or manipulative behavior, including illegal gambling activities, money laundering, or terrorist activities.
• Use our content in any way or for any purpose, infringe, misappropriate, or otherwise violate any intellectual property or other rights of us or any third party, or applicable local, national/regional laws or regulations, or conduct prohibited by these terms.
• Remove, delete, alter or hide any trademarks, specifications, warranties or disclaimers, or any intellectual property or proprietary rights notices, from our Content,
• Use, export, re-export, or transfer any of our content for any purpose prohibited by local export or import control laws and regulations.
• Copying, modifying, disassembling, discompiling or reverse engineering our Content (unless such restrictions are prohibited by applicable law),
• Use (except as expressly permitted by these Terms), license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available our Content to any third party,
• Take any action that may damage, destroy, destroy, disable, damage, overload, or otherwise hinder or impair our content, or use our content in any way, or interfere with any other party’s use of our content.
• Disrupt, interfere with, violate the security of our content or any computer network, or attempt unauthorized access to our content or any computer network.
• Bypass, destroy, avoid, remove, disable, damage, decrypt, or otherwise circumvent any security devices, protective measures, or technical measures implemented by us or any of our service providers to protect our content.
• Use any device, software or program that interferes with the functionality of our content or the transmission of data in our content, or use any virus, Trojan horse, worm, backdoor, time bomb, malicious software or other software or hardware device designed to allow unauthorized access or disable, delete or otherwise damage any computer, system or software in our content,
• Access or use our content to build or support products or services that compete with our products or services.
• Extract any data from our content using any web scraping, web collection, or data extraction methods.
• Create, use, manipulate, or exploit any robot, parser, spider, script, program, routine, or any other form of automated program to engage in any activity on our content.
• Without our prior written consent, develop any third-party app that interacts with our content.
• Unauthorized use or attempt to use another user’s account.
• Use or attempt to use our content for anyone other than yourself.
• Provide false, inaccurate, or misleading information when you use or access our content, or
• Encourage, allow, or enable any other person or entity to engage in any of the above behaviors.

In addition, not all services are available on every platform or in every location. You will not attempt to access any services that are not available at your location.
Sanctioned areas:
Russia, Montenegro, Afghanistan, Central African Republic, Cuba, Iran, Iraq, Libya, Mali, Myanmar, Palestine, Somalia, South Sudan, Sudan, Syrian Arab Republic, Venezuela, Yemen, Zimbabwe, North Korea, Nicaragua, Democratic Republic of the Congo (DRC) and other countries and regions.
High-risk areas:
Guinea-Bissau, Barbados, Belarus, Cyprus, Lebanon, Mauritius, Mexico, Peru, Serbia, Uganda, Ukraine, Kazakhstan, Kingdom of Cambodia, Cayman Islands, Burundi, Panama, Pakistan, Tunisia, Jamaica, Albania, Bahamas, Morocco, Senegal, Haiti.
Sensitive areas:
Asia: UAE, Azerbaijan, Pakistan, Palestine Territory, Philippines, Kingdom of Cambodia, Kyrgyzstan, Mongolia, Maldives, Nepal, Saudi Arabia, Turkey, Turkmenistan, Jordan, India, Indonesia, Viet Nam.
Europe: Albania, Bosnia and Herzegovina, Iceland, Northern Macedonia, Montenegro, Croatia, Kosovo, Latvia, Malta, Moldova, Monaco, Cyprus, Serbia.
North America: Barbados, Panama, Bahamas, Belize, Dominica, Costa Rica, Curaçao, Mexico, Saint Kitts and Nevis, Trinidad and Tobago.
South America: Netherlands Antilles, Bolivia, Brazil, Paraguay, Peru, Ecuador, Colombia, Haiti, Honduras, Cayman Islands, Nicaragua, El Salvador, Guatemala, Venezuela, Jamaica.
Africa: Algeria, Ethiopia, Egypt, Botswana, Burkina Faso, Benin, Equatorial Guinea, Togo, Cape Verde, Republic of the Congo, Ghana, Gabon, Guinea, Cameroon, Comoros, Côte d’Ivoire, Kenya, Laos, Lesotho, Liberia, Mauritius, Morocco, Mozambique, Madagascar, Mauritania, Niger, Nigeria, Senegal, Sierra Leone, Swaziland, Tanzania, Tunisia, Uganda, Chad.
Oceania: Papua New Guinea, The Republic of Vanuatu.
More sensitive countries:
Asia: Kuwait, Laos, Qatar, Sri Lanka, Tajikistan, Thailand, Uzbekistan.
Americas: Mexico, Suriname, British Virgin Islands.
Africa: Gambia, Namibia, Rwanda, Sao Tome and Principe, Togo, Zambia
Oceania: Fiji, Marshall Islands, Tonga.
We have made it clear that we do not serve clients in sanctioned and high-risk areas, and provide limited services or conduct enhanced due diligence (EDD) reviews for clients from sensitive or relatively sensitive areas.
To further refine the specific customer management measures or review processes in these regions, we have established the following operational standards:
KYC Enhancement Procedure: For customers from sensitive or relatively sensitive areas, we should implement stricter identity verification procedures and require additional information, such as income sources, financial statements, business background, transaction purposes, etc., to ensure legality.
Transaction monitoring: Enhance the monitoring of fund flows from customers in these regions, set abnormal transaction alerts, especially for large exchange withdrawals and frequent cross-border withdrawals, to detect potential suspicious activities.
**Regular review: **For customers from sensitive or relatively sensitive areas, risk reassessment is conducted annually, and service strategies are adjusted based on changes in customer activities and backgrounds.
**Blocklist monitoring: **Regularly update the sanctions list and remove individuals and entities from the platform through automated tools to prevent violations of international sanctions regulations.

9.Risk

Using our services (including conducting transactions) involves a certain degree of risk. You should carefully consider whether using our services is suitable for you based on your situation, knowledge, and financial resources.

We are not a bank or other depository institution. Your account is not a deposit account or a bank account. Our service is not a deposit or bank plan. Your account or assets are not covered by loss insurance, nor are they protected by deposit insurance companies or securities investor protection companies or any similar organizations anywhere in the world.

You acknowledge and agree that your access to and use of the Services (including conducting transactions) is at your own risk, and we shall not be liable for any losses incurred by you as a result of such risks.

10.Disclaimer

To the fullest extent permitted by applicable law, our services and platforms are provided on an “as is” and “as available” basis. You confirm that registering and using our services and platforms are voluntary actions, and you promise not to instruct or authorize third parties to open or use accounts. You are willing to bear all consequences and legal responsibilities related to account activities. We expressly disclaim all warranties of any kind, whether express or implied, including implied warranties of marketability, fitness for a particular purpose, ownership, and non-infringement related to our services and platforms. Without limiting the above terms, we do not assume any obligation that our services or platforms will be available, accurate, secure, useful, uninterrupted, or error-free; defects in our services or platforms can or will be corrected, or the servers providing these services are free of viruses or other harmful components. We do not provide any guarantee of normal operation time, and we may decide to stop providing our services or platforms to you at any time.

11.Limitation of liability

To the fullest extent permitted by applicable law, we or our directors, members, employees, or agents shall not be liable for any claims, whether in contract, tort (including negligence claims), or otherwise, related to these Terms, our Services, or our Platform in any way.

(1) any indirect, incidental, special, consequential or exemplary damages, including loss of profits, loss of goodwill, loss of use or loss of data;

(2) Within the scope not yet excluded, any amount exceeding $100.

12.Guarantee

You agree to defend, indemnify, and hold harmless us and our officers, directors, members, employees, and agents from and against any claims, demands, actions, damages, losses, costs, or expenses (including reasonable attorneys’ fees) related to the following matters:

(1) You use our services or platform;

(2) You violate these terms;

(3) You infringe, misappropriate or violate the rights of any other person or entity;

(4) any content, material or information (in any form or medium) that you submit, post, upload, provide, contribute or make available (or authorize or instruct us to do so) through the Services or Platform; and

(5) Any feedback. If you are obligated to compensate us, we have the right to control any action as needed, and you may not reach a settlement for any action without our consent, unless the settlement is only for the monetary loss you have paid in full.

13.Dispute resolution; arbitration; applicable law

Please read the following paragraph carefully, as it requires you to arbitrate disputes with us and limits the ways in which you can seek relief.

You and BiyaPay agree to resolve any dispute arising out of these Terms or your use of the Services through arbitration, except where either party seeks equitable and other relief to resolve a dispute involving alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Arbitration prevents you from suing in court or conducting a jury trial. You and BiyaPay agree to notify each other in writing within 30 days of any dispute arising. Notices sent to BiyaPay must be sent to service@biyapay.com . You and BiyaPay further agree to:

（a）BiyaPay attempted informal resolution before filing an arbitration claim;

（b）Any arbitration will be conducted in San Francisco, California;

（c）The arbitration will be conducted confidentially by an arbitrator in accordance with the rules;

（d）The state or federal court in San Francisco, California has exclusive jurisdiction over appeals of any arbitral award and any litigation between parties not bound by the arbitration.

In addition to the collective procedures and remedies discussed below, arbitrators have the right to grant any remedies available in court. Any dispute between the parties shall be governed by these Terms and the laws of the State of California and applicable US laws, without regard to any conflict of laws principles that may apply to the laws of other jurisdictions. Whether the dispute is heard in arbitration or in court, neither you nor BiyaPay will bring a class action, class arbitration, or representative lawsuit or proceeding against the other party.

14.Suspension; termination; suspension

We may at any time and without any liability or prior notice to you:

• Modify or discontinue our service or platform (or any part thereof),
• Suspend, restrict, or terminate your access to our services or platforms.
• Suspend, restrict, or delete your account, any information related to your account, or any content you post to the service or platform, or
• Refuse any deposit, withdrawal, transaction or other transaction or use of the service.

If we terminate your account, we will contact you to return all assets in your account and instruct any designated Financial Institution to exchange your assets, unless in each case you owe us any fees or we believe you have committed fraud, negligence, or other misconduct. If you have been inactive for a long time and we are unable to return any assets in your account to you or exchange assets in your account to your designated financial account, we may need to report and remit such assets in accordance with the unclaimed property laws of any applicable jurisdiction. Unclaimed property laws may require the liquidation of assets held in your account.

You can terminate your account at any time by transferring your assets or withdrawing them to your bank account and stopping using our services.

15.Legal disclosure

According to legal requirements, we need to make certain disclosures about our services and platforms. Certain legal disclosures may be specific to specific jurisdictions. You acknowledge that you have read, understood, and agreed to the legal disclosures applicable to you.

We hold licenses and registrations in certain jurisdictions in order to provide our Services to you. These licenses or registrations may affect the provision of our Services and your use of our Services, depending on where you live or domicile. Our legal disclosures contain information about such licenses (or lack thereof), as required in certain jurisdictions.

16.Personal data

Please read our Privacy Statement to learn how we collect, use and share your personal information. Our Privacy Statement is incorporated by reference into these Terms.

17.Notice

You agree that we may provide you with all communications, agreements, documents, receipts, notices, tax forms and disclosures related to your account or use of our Services electronically (" Communications "). You agree that we may provide you with communications by posting communications on our Services or Platforms, sending you emails at the email address you have provided, or by sending text messages or text messages to the mobile phone number you have provided. Your carrier’s normal SMS, data and other rates and charges may apply to any mobile communications and you shall retain copies of all communications for records.

To access and retain electronic communications, you need a computer that can connect to the internet, equipped with the latest enabled web browser and sufficient storage space, 128-bit encryption, and the latest valid email address and mobile phone number archived by us. For certain communications, such as tax forms we need to send to you, you also need software to view PDF files.

You can revoke your consent to receive electronic communications by sending a revocation notice to customer service . If you do so, we may suspend or terminate your use of our services. Any revocation of consent to receive electronic communications will be deemed to be your confirmation that your street address on file with us is up-to-date and that any communications we need to provide to you may be sent in paper form to that physical address.

If you would like a paper copy of any communication, you may request one by contacting our support staff through customer service within 30 days of us providing the communication to you electronically. In order for us to send you a paper copy, you must have your current street address on file with us. Any request for a paper copy of a communication is limited to that individual communication and does not affect your consent to receive all other communications electronically. We may charge you for a paper copy of any communication.

You are solely responsible for keeping your email address, mobile number and identifying information on file with us up to date. You may update your email address, mobile number or street address at any time by logging into your account or by sending such information to customer service. We will be deemed to have provided you with communications if we send them to you but you do not receive them because such information is incorrect, your service provider prevents us from contacting you by email address or mobile number, or you are otherwise unable to receive electronic communications, whether or not you actually receive them. If you use junk email filters that block or reroute emails, you must add us to your email address book so that you can receive communications.

If your email address or mobile phone number is invalid and electronic communications sent to you are returned, we may consider your account inactive and you may not be able to use our services until we receive a valid and available email address or mobile phone number from you.

18.General

Force majeure.

We are not responsible for any errors, delays, losses or damages resulting from any event beyond our reasonable control (collectively, “Force Majeure Events”) Force Majeure Events include floods, extreme weather conditions, earthquakes or other acts of God, fires, wars, rebellions, riots, labor disputes, accidents, government actions, communications, power failures or equipment or software failures.

Give up.

If we do not exercise the rights under this clause, it does not mean that we waive that right.

Feasibility.

If any provision of these Terms is invalid or unenforceable, that provision shall be deemed separate from these Terms, but such invalidity or unenforceability shall not affect any other part of these Terms, and the remainder of these Terms shall remain in full force and effect; however, if any such invalid or unenforceable provision can be modified to be legally effective and enforceable, that provision shall not be deemed separate from these Terms, but shall be deemed to have been modified to be effective and enforceable to the fullest extent permitted by law.

Obligations.

You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign or transfer any rights or obligations under these Terms, in whole or in part, without your consent, subject to applicable law. In addition, if we are acquired by or merged with a third party entity, we reserve the right to transfer or transfer the information we collect from you as part of such merger, acquisition, sale or other change of control.

Explain.

In these terms,

（1）“Or” is inclusive.

（2）Including “or” for example "are not limiting words.

（3）The title is for your convenience only.

（4）Unless otherwise stated, references to chapters in the text of these Terms are references to chapters in the text of these Terms.

（5）Unless otherwise specified, references to chapters in the annex are references to chapters in that annex, and

（6）The “BiyaPay Service Terms Summary” and any definitions provided for reference only are provided for your convenience, are not legally binding, and do not affect the interpretation of these terms.

Relationship

We do not provide investment or tax advice, including advice related to your use of the Services. You agree not to treat any statement or content on our Services or Platform, or any statement or content that is otherwise attributed to us, as advice, advice, or guidance on transactions, investments, taxes, or any other similar issues. We will also not act as your bank, broker, intermediary, agent, advisor, or trustee in any capacity (including with respect to the Services).

Nothing in these Terms shall be deemed or intended to be deemed, nor shall it cause you and us to be deemed partners, joint venture partners, or otherwise for-profit joint partners.

Survival.

If these terms expire or terminate, the following terms will remain fully binding on you and us: 1, 6, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19.

Entire agreement

This clause is the entire agreement between you and us, and supersedes all prior and contemporaneous understandings between you and us regarding our services and platform. This clause includes all applicable attachments.

19.Definition

In addition to the capitalized terms defined in these Terms, the following terms shall also have the following meanings:

" Wallet Services " means providing mutual exchange services between digital currencies and fiat currencies and/or acting as a custodial wallet provider.

" Transfer " has the meaning set forth in Clause 2. For your information, this Clause defines “transfer” as the deposit of assets into your account.

" Designated Financial Institution " means a Financial Institution designated by us to hold the fiat currency deposited by you for any of our Services.

" Assets " means any digital currency, fiat assets, stock assets or any investment assets, wealth management assets related to our services.

" Digital Assets " means any digital currency or other asset in connection with our Services.

" Legal Currency " means government-published, non-commodity backed currencies, including USD, GBP and EUR, which may be used in our Services. "

" Bank Account " has the meaning set forth in Section 2. For your information, this section defines “Bank Account” as a bank account or wallet maintained outside of the Services, of which you are the actual or Beneficial Owner. For the avoidance of doubt, you may not attempt or initiate a transfer of assets to an external account or wallet not owned or controlled by you.

" Our Content " has the meaning set forth in Section 8. For your reference, this section defines “Our Content” as (1) our Services and Platform, (2) all content, materials, software and trademarks on BiyaPay, (3) their selection and arrangement, and (4) all intellectual property rights therein.

" Platform " has the meaning set forth in the preamble to these Terms. For your information, the preamble defines “Platform” as our Website and the mobile application through which you access our Services.

" Withdrawal " or " Remittance " has the meaning set forth in Section 3. For your reference, this section defines “Withdrawal” or “Remittance” as transferring digital currency to your third-party digital wallet or transferring fiat currency to our approved bank account.

" Terms " shall have the meaning set forth in the preamble to these Terms. For your reference, the preamble defines “Terms” as these Terms of Service, including all attachments to these Terms of Service.

" Transaction " has the meaning set forth in Section 4. For your reference, this section defines “Transaction” as any of the following transactions conducted through your account: (1) one asset for another asset, (2) digital assets or legal assets for US stock assets or Hong Kong stock assets and their derivative assets, (3) digital assets or legal assets for other digital currency assets and their derivative assets,

" We ", " we ", " our ", “BiyaPay”, “BIYA GLOBAL” have the meanings set forth in the preamble to these Terms. Please refer to the preamble for more information.

" You " BiyaPay has the meaning set forth in the Preamble. For your reference, the Preamble defines “you” as an individual subject to these Terms or an entity acting through an authorized individual.

" Your Content " has the meaning set forth in Section 8. For your information, this section defines “Your Content” as content and materials that you transmit on or through our Services or Platforms, but does not include personal data as defined in our Privacy Statement.