Last updated: 31 July 2024
Scope of these Terms
All terms and references used in this Agreement that are not defined herein shall have the meaning given to them in the Binance Terms of Use, Convert Terms of Use, Binance Simple Earn Terms & Conditions, and Recurring Buy Transactions Terms & Conditions, as updated from time to time (Collectively “Binance Services Terms”). Where a term is defined both in the Binance Services Terms and in this Agreement, for the purposes of this Agreement only, the definition in this Agreement shall prevail.
This Agreement shall be supplemental to and is to be read together with the Binance Services Terms. References in the Terms of Use to the Binance Services and/or Transactions shall include references to Auto-Invest Service contemplated hereunder. In the event of any conflict or inconsistency between this Agreement and the Binance Services Terms, this Agreement shall prevail with respect to the services contemplated hereunder unless expressly stated otherwise.
This version of this Agreement shall replace and supersede: (i) any previous agreements between us with respect to Auto-Invest Service; and (ii) any previous versions of this Agreement that may have been accepted through, or otherwise made available on, the Platform. By entering into Auto-Invest Transactions, you confirm your acceptance of this Agreement and the Applicable Terms.
Auto-Invest Services:
By accessing and using the Auto-Invest Services (as defined below), you acknowledge and agree that you have read, understood and accepted all of the terms and conditions in these terms (the “AI Terms”), and you acknowledge and agree that you will be bound by and will comply with these AI Terms. If you do not understand and accept these AI Terms in their entirety, you should refrain from accessing or using the Auto-Invest Services.
By accessing and using the Auto-Invest Services, you authorize Binance to:
a. undertake Auto-Invest Transactions in accordance with your Specified Plan; and
b. deduct Auto-Invest Fees from your Spot Account, Funding Account, Fiat Currency, or your Eligible Simple Earn Assets, or as otherwise set out in these terms, and to use these assets to acquire Auto-Invest Assets, in accordance with your Auto-Invest Instructions; and/or
c. to convert one Digital Asset into another Digital Asset or a particular Fiat currency into a Digital Asset (or vice versa), as applicable, based on supported trading pairs as available on the Platform (a “Conversion”) pursuant to the Convert Terms of Use in order to undertake Auto-Invest Transactions on your behalf in accordance with your Specified Plan (the “Auto-Invest Instructions”).
Your Auto-Invest Instructions continue until they are amended or canceled in accordance with the AI Terms.
Auto-Invest Transactions
In respect of Auto-Invest Transactions that do not relate to Conversions:
a. you agree to buy Digital Assets at the prices offered by Binance on each Auto-Invest Date;
b. you acknowledge and agree that certain prices that may not match the lowest prices available on the Exchange;
c. if you do not have sufficient Digital Assets or Fiat Currency in your Spot Account, Funding Account, Fiat Currency or the Eligible Simple Earn Assets to complete an Auto-Invest Transaction, Binance will not undertake such Auto-Invest Transaction, in part or in full; and
d. notwithstanding the immediately preceding sub-paragraph, your Auto-Invest Instructions will continue, and Binance will attempt to complete the next scheduled Auto-Invest Transaction in accordance with your relevant Specified Plan, provided that if such attempts to complete an Auto-Invest Transaction fail 100 times, the corresponding Specified Plan will be automatically suspended.
In respect of Auto-Invest Transactions that relate to Conversions:
a. notwithstanding the Convert Terms of Use, you agree that each Conversation will occur at the prices offered by Binance on each Auto-Invest Date;
b. you acknowledge and agree that the prices offered by Binance may not be the most favorable prices that are available on the Exchange;
c. if you do not have sufficient Digital Assets or Fiat Currency in your relevant Binance Account to complete such Auto-Invest Transaction, Binance will not undertake such Auto-Invest Transaction, in full or in part; and
d. notwithstanding the immediately preceding sub-paragraph, your Auto-Invest Instructions will continue, and Binance will attempt to complete the next scheduled Auto-Invest Transaction in accordance with your relevant Specified Plan, provided that if such attempts to complete an Auto-Invest Transaction fail 50 times, the corresponding Specified Plan will be automatically suspended.
If the Platform is not accessible, or due to scheduled or emergency maintenance during the Auto-Invest cycle (Down Period), your transaction will only resume when the Platform is back in service. Binance shall not be responsible for any change in price or difference in price that may occur during the Down Period.
Fees
Auto-Invest Fees:
a. arising from Auto-Invest Transactions that do not relate to Conversions are the amount & percentage shown in the Auto-Invest purchase summary and history, and are charged in Auto-Invest Currency; Binance may change these fees from time to time, and will communicate changes by updating the purchase summary and history; for Auto-Invest Index-Linked fees please refer to clause 22; and
b. arising from Auto-Invest Transactions that relate to Conversions (if any) are the amount and percentage shown in the Auto-Invest purchase summary and history; Binance may start changing such fees (arising from Auto-Invest Transactions that relate to Conversions) from time to time, and will communicate any such fees by updating the purchase summary and history.
Auto-Invest Record
Binance will create an Auto-Invest Record for you.
Digital Assets Purchased with Auto-Invest
In respect of:
a. Auto-Invest Transactions that do not relate to Conversions, Digital Assets you purchase in accordance with these terms will be transferred into your Spot Account by default; where such purchased Digital Assets are eligible (as determined by Binance in its sole discretion), you may elect for such purchased Digital Assets to be transferred into your Simple Earn Account where they will be subscribed to “Flexible Simple Earn” and earn Simple Earn Rewards in accordance with the Simple Earn Terms of Service. In some jurisdictions and circumstances, these Digital Assets will be transferred to your Spot Account, and will not earn Simple Earn Rewards.
b. Auto-Invest Transactions that relate to Conversions, Assets received pursuant to a Conversion will be transferred to your Spot Account and will not earn Simple Earn Rewards.
Specified Plan
A Specified Plan:
that does not relate to Conversions shall contain the following details:
i. the Auto-Invest Currency you have instructed Binance to acquire;
ii. the Binance Account that you will use to acquire Auto-Invest Assets;
iii. the frequency at which Auto-Invest Assets will be acquired; and
iv. the quantity of Auto-Invest Assets that will be acquired at each Auto-Invest Date;
that relates to Conversions shall contain the following details:
i. details of the type and quantity of the Digital Assets or Fiat currency (each an “Asset”) to be converted and the type of Assets to be received pursuant to each such Conversion at each Auto-Invest Date;
ii. the Binance Account that you will use for the Conversion (the account for the Digital Assets or Fiat currency to be converted and the type of Digital Assets or Fiat currency to be received following such Conversion has to be the same); and
iii. the frequency at which each Conversion will occur.
You can cancel your Auto-Invest Instructions, or amend your Specified Plan, at any time before the Auto-Invest Date. In order to do so, you must follow the instructions on the Platform.
Binance may, upon providing you with reasonable notice, modify your Specified Plan and/or your plan settings more generally due to or relating to factors such as upgrades to the Binance Services, rebranding of Digital Assets, and/or product feature changes. This is to facilitate successful execution of Auto-Invest plans in the event of disruptions resulting from such aforementioned upgrades, rebrandings, and/or product feature changes.
Portfolio Matching Services
In selected jurisdictions, Binance may offer you Portfolio Matching Services.
If you elect to participate in Portfolio Matching Services, you may be required to include the following information in your Specified Plan:
a. the Binance Index or Preset Portfolio that you would like to Replicate;
b. the frequency that Auto-Invest Portfolio Assets will be acquired;
c. the quantity of Auto-Invest Portfolio Assets that will be acquired; and
d. if you elect to Replicate a Binance Index, the quantity of Digital Assets held to the credit of your Auto-Invest Index-Linked Account that will be the subject of the Rebalance, and how frequent that Rebalance will occur.
Binance Indices may change from time to time. Binance does not recommend the composition of any Binance Indices or Preset Portfolio.
Binance may elect to cease offering Portfolio Matching Services for particular Preset Portfolios or Binance Indexes. If your Specified Plan refers to a Binance Index or Preset Portfolio that is no longer offered, your Auto-Invest Instructions will be canceled, and Rebalancing will cease.
Index-Linked Services
Where you elect to Replicate a Binance Index:
a. your Digital Assets will be transferred to an Auto-Invest Index-Linked Account;
b. you can only withdraw the Digital Assets held to the credit of your Auto-Invest Index-Linked Account so that the relative composition of your Auto-Invest Index-Linked Account does not change - see example below:
c. you may not be able to amend your Auto-Invest Instructions during certain time periods, including, but not limited to, when a Rebalance is taking place, which will be updated from time to time on the Platform;
d. Any Auto-Invest cycle that falls within the Rebalancing Period will be deferred and will only be executed after the Rebalancing Period. Binance shall not be responsible for any changes in price or differences in price that may occur during the Rebalancing Period.
e. you authorize Binance to deduct Auto-Invest Fees when Rebalancing.
Notwithstanding clause 12, Digital Assets held to the credit of the Auto-Invest Index-Linked Account do not accrue Simple Earn Rewards in accordance with the Simple Earn Terms of Service.
You acknowledge that when you Rebalance your Auto-Invest Index-Linked Account, Digital Assets will be sourced from the Exchange and the Rebalancing Period may be over several hours. You authorize Binance to purchase Digital Assets through Market Orders from the Exchange using TWAP. The fees incurred for Rebalancing will be automatically calculated and made available to view in your rebalancing history. The Binance Spot Terms & Conditions apply to your purchases of Digital Assets when Rebalancing.
Account Termination, Suspension, Holds and Restrictions
In relation to Binance Terms of Use clause ("Termination, Suspension, Holds and Restrictions"), should your account be terminated, suspended or restricted, regardless of our obligation to notify you as required under the Binance Terms of Use, the following events shall apply to the Auto-Invest Service:
a.In the event of an account suspension or restriction, the corresponding Auto-Invest plan will be put on hold, meaning no Auto Invest Transaction will be executed during the time that your account is under suspension or restriction. It will not resume automatically even after the account access is restored. You will need to manually reactivate their Auto-Invest plan following the lifting of any account suspension or restriction.
b. In the event of an account termination, the corresponding Auto-Invest plan will be canceled.
M. Defined Terms
Applicable Law means all relevant or applicable statutes, laws (including rules of common law), principles of equity, rules, regulations, regulatory principles and requirements, notices, orders, writs, injunctions, judgments, bye-laws, rulings, directives, proclamations, circulars, mandatory codes of conduct, guidelines, practice notes and interpretations (whether of a governmental body, regulatory or other authority, or self-regulatory organization of which Binance is a member), that are applicable to the provision, receipt or use of the Binance services, or any other products or deliverables provided, used or received in connection with these terms.
AI Terms means these terms of use.
Auto-Invest Service means the Binance Service identified as “Auto-Invest' or “Recurring” on the Platform, allowing you to give Binance your Auto-Invest Instructions in accordance with these Terms.
Auto-Invest Record means a record of Digital Assets acquired in accordance with these Terms.
Auto-Invest Assets means a Digital Asset acquired by you in accordance with these Terms, that is not related to or in connection with any Conversion.
Auto-Invest Currency means the currency of the Auto-Invest Asset (e.g., BTC).
Auto-Invest Date means the date and time on which an Auto-Invest Transaction takes place.
Auto-Invest Fees means the fees charged by Binance when undertaking an Auto-Invest Transaction.
Auto-Invest Index-Linked Account means the account that records the Auto-Invest Portfolio Assets acquired by you as a result of Replicating a Binance Index. Auto-Invest Instructions has the meaning given to it in Clause 5 above.
Auto-Invest Portfolio Assets means the Digital Assets that are acquired by you in order to Replicate a Preset Portfolio or Binance Index.
Auto-Invest Transaction means a transaction, and any subsequent transactions (in each case including any Conversion), undertaken by Binance in accordance with your Specified Plan.
Binance Index means a Digital Asset Index published on the Platform, as updated from time to time.
Binance Spot Account has the meaning given to it in the Binance Spot Terms of Use.
Conversion has the meaning given to it in Clause 5 above.
Down Period means any interval when the Platform is inaccessible or out of service, including, but not limited, to instances of scheduled or emergency maintenance.
Eligible Simple Earn Assets means Digital Assets which are Simple Earn Assets used for Flexible Simple Earn, or other Simple Earn Assets as determined by Binance from time to time.
Exchange has the meaning given in the Spot Terms & Conditions.
Fiat Currency means a currency or Digital Asset linked to a currency that is declared legal tender by a government.
Flexible Simple Earn has the meaning given to it in the Simple Earn Terms of Use.
Market Order has the meaning give to it in the Spot Terms of Use.
Platform means the digital platform that we or any of the Binance Affiliates may make accessible to you via Sites, the Mobile App, a Binance API or by such other means as Binance Affiliates may prescribe from time to time for the use of Binance Services.
Portfolio Matching Services means the Binance Service where you instruct Binance to acquire Auto-Invest Portfolio Assets in accordance with your Specified Plan and these Terms.
Preset Portfolio means a portfolio of Digital Assets as described by Binance on the Platform.
Rebalance means undertaking all necessary Auto-Invest Transaction(s) so that the Digital Assets held by you match, as near as possible, the composition of a Binance Index. Rebalancing Period means the time that Binance takes to Rebalance.
Recurring Buy Transactions has the meaning given to it in the Recurring Buy Transactions Terms & Conditions.
Replicate means undertaking all necessary Auto-Invest Transaction so that the composition of Digital Assets acquired matches, as near as possible, the composition of a Binance Index or Preset Portfolio.
Simple Earn Assets has the meaning given to it in the Simple Earn Terms of Use.
Simple Earn Rewards has the meaning given to it in the Simple Earn Terms of Use.
Specified Plan means your Auto-Invest Instructions given in accordance with these Terms that contain the details in clause 13, and clause 17 (where applicable).
Spot Account means the Binance Account that you use for spot transactions.
Funding Account means the Binance Account that you use for funding transactions.
TWAP means Time-Weighted Average Price over the Rebalancing Period.
Disclaimer: This document may have been translated and published in different languages. In the event of any inconsistency, misstatements, omissions, or errors appearing in any translated version, the English version shall prevail.
