Welcome to Binance Tax, a feature that allows you to import information about your crypto asset transactions and automatically calculate your potential tax liabilities ("BT"). These terms of use ("BT Terms"), are concluded and constitute a legally binding agreement between you (user of our BT feature) (referred to as "you"), and the respective Binance Operator(s) (as defined in the Binance Terms, referred to jointly as "we", or "us").
Please read these BT Terms carefully as they govern your access to and use of BT. If you do not agree to these BT Terms or any other terms that are incorporated by reference herein (all of which, may be amended from time to time without further notice), please cease access immediately and do not continue to use BT.
For clarity, your subsequent and continued access to and use of BT shall constitute your continued acceptance of these BT Terms and all other terms that are incorporated herein, including any updates or modifications to them from time to time.
1. By using BT, you acknowledge and agree that:
(a) you have read, understood, accepted and agree to be bound by these BT Terms, our Binance Terms of Use at https://www.binance.com/en/terms ("Binance Terms") and our Binance Privacy Policy at https://www.binance.com/en/privacy ("Privacy Policy") (the Binance Terms and our Privacy Policy shall be read together with and supplemental to these BT Terms);
(b) you are aware of, and shall assume all risks, associated with transactions involving cryptocurrencies;
and (c) we shall not be liable for any such risks or adverse outcomes relating to the same.
2. We may change or amend these BT Terms, or add new or remove existing features and change any part of the features in BT, at any time at our sole and absolute discretion. In respect of any changes or amendments to these BT Terms, such changes will be effective as of the “last revised” date referred to at the top of this page. In addition, you also acknowledge and agree that we may (but shall not be obliged) to notify you of any changes to the features in BT or to these BT Terms.
In this regard, you agree and undertake to regularly refer to these BT Terms and any other announcements that we may make from time to time, through any communication channels that we may deem fit.
3. We may also, at our sole and absolute discretion and without notice or liability: (a) change, suspend or discontinue any aspect of the features in BT at any time; (b) impose limits or conditions or restrict your access to any part or all of BT; and (c) cancel, deny or reject any attempt to access any part or all of BT, if we have reason to believe that such attempts to do so are (or will be) in violation of these BT Terms or any other terms and conditions that may be applicable to you (including those imposed by third parties, if any).
4. Without prejudice to the foregoing, we also reserve the right to choose at our sole and absolute discretion, the markets and jurisdictions to conduct business, and may restrict or refuse in our sole and absolute discretion at any time, the provision of BT feature or services in certain countries or regions (including but not limited to situations where such restrictions are required to ensure compliance with any applicable legal and regulatory obligations, if any).
5. Unless expressly defined in these BT Terms, or where the context otherwise requires, all words and expressions used in these BT Terms shall have the same meaning as defined in the Binance Terms. For clarity: (a) "Binance Services" as defined in the Binance Terms shall include the BT feature; and (b) in the event of any conflict between these BT Terms and the Binance Terms, such conflict shall be resolved in a manner most favorable to Binance Operator, subject always to any restrictions, limitations or prohibitions under applicable law.
6. In order to use our BT feature, you must first log in to your Binance Account. The terms and conditions governing your registration and eligibility for the same (among others), are set out in full in the Binance Terms.
7. You must treat your access credentials (such as username and password) as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your Binance Account and personal information.
You should be solely responsible for keeping safe of your Binance Account and password, and be responsible for all the transactions under your Binance Account.
Binance assumes no liability for any loss or consequences caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information release, consent or submission of various rules and agreements by clicking on the website, etc (if any). By creating a Binance Account, you hereby agree that:
(a) you will notify Binance immediately if you are aware of any unauthorized use of your Binance Account and password or any other violation of security rules;
(b) you will strictly abide by all mechanisms or procedures of Binance regarding security, authentication, trading, charging, and withdrawal;
and (c) you will take appropriate steps to logout from BT platform at the end of each visit.
8. No fees or subscription charges are presently payable for your access to and use of BT. However, we reserve the right at our sole discretion to impose such fees or subscription charges as we deem fit, at any time.
In such an event, we shall notify you of such fees or subscription charges that may be payable by way of updates to these BT Terms, or through general service announcements which may be sent or made available to you in such manner and through such modes as we deem fit (including but not limited to service announcements published on the BT platform page or any other website landing page).
9. You represent and warrant that: (a) you will use BT services (including but not limited to any calculations or reports generated from the use of BT) for your personal non-commercial use only, and at all times in compliance with these BT Terms and any other applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdiction; and (b) you will not use BT in violation of these BT Terms and/or the Binance Terms and/or any other terms as may be agreed between you and us (collectively " Agreed Terms"), or for any illegal purposes.
10. If you fail to comply with any of your obligations under these BT Terms or Agreed Terms generally, we shall have the right to terminate, disable, suspend or restrict your access to and use of BT (or any of its features), whether in whole or in part. You also agree that in such an event, we shall have the right (but are not obliged) to delete any and all information that you may have submitted to us as appropriate, as part of your usage of BT. You also agree that we shall not be liable to you, for any failure to completely delete any and all such information.
11. By providing us with information relating to your crypto asset holdings, financial positions and transaction details (if you choose to do so), you agree and give us consent to handle such information in accordance with our Privacy Policy (if any, and to the extent they apply). You also acknowledge and agree that we may share information that you provide to us with our affiliates; and in such an event, the processing of your data will also be in accordance with our Privacy Policy.
12. You hereby agree that when you use BT (including, but not limited to, any and all data, materials or reports that may be generated from the same), Binance does not transfer ownership or intellectual property rights of any such BT intellectual property to you or anyone else.
All the text, graphics, user interfaces, visual interface, photos, sounds, process flow diagrams, computer code (including html code), programs, software, products, information and documents, as well as the design, structure, selection, coordination, expression, look and feel, and layout of any content included in the services or provided through BT, are exclusively owned, controlled and/or licensed by Binance Operators or its members, parent companies, licensors or affiliates.
13. If you provide us with any feedback, ideas, suggestions and/or proposals relating to the BT services and platform (collectively, “User Feedback”), you agree that such such User Feedback (which includes, but is not limited to, matters relating to the quality of the BT platform service and the scope of its offerings) belong to us in their entirety, and we have full rights and entitlement to use the same for any purpose without an obligation to make any compensation to you (including implementing your User Feedback for the purpose of improving the BT platform service offerings).
14. Our termination rights as provided under the Binance Terms shall equally apply in relation to your usage of BT services (as part of Binance Services). You are also free to stop using the BT services at any time.
15. You acknowledge, accept and agree that:
(a) BT and all its features (including, but not limited to, all calculations and reports generated therefrom) are provided to you solely for your own non-commercial and personal informational purposes only. They are not intended to, and should not be considered as legal, financial, investment, audit, accounting or tax advice (nor should they be regarded or construed as a substitute for the same);
(b) you are, and have been, strongly advised to seek your own independent advice from appropriate professionals, such as (but not limited to) your own lawyers, accountants or tax advisors;
(c) the results obtained from your use of BT are also dependent on the quality of data and input that you provide to BT. You are solely responsible for ensuring that all data and input that you provide (whether directly or indirectly, such as by way of API pulls from other third party sources, if any) are accurate and up-to-date;
and (d) your use of and reliance on BT and all its associated features and materials generated therefrom shall be at your sole and exclusive risk.
16. You further acknowledge and agree that BT and all its features, calculations and reports, are offered and provided to you entirely on an “as is” and “as available” basis. To the maximum extent permitted under applicable law, we do not guarantee, we expressly disclaim, and you agree to waive, any and all other warranties of any kind, whether express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade.
Without limiting the foregoing, we also do not represent or warrant that BT, its features, calculations and all materials or information derived therefrom (including but not limited to any tax reports that may be generated if any): (a) will be accurate, complete, reliable, current, error-free, or free of viruses or other harmful components; (b) will be of such quality to meet your specific individual needs at all times; and (c) constitutes an accurate and reliable reflection of your actual tax liabilities (if any).
17. Whilst we will attempt to make available and provide uninterrupted and stable BT services at all times, except for limited periods of maintenance and repair (if any), you also acknowledge and accept that actual service quality, coverage and speed may differ from time to time, and for various reasons.
BT services may also be subject to unavailabilities from time to time for reasons or factors that are not within our control, such as (but not limited to) network delay, computer system failures and other force majeure, which may lead to delay, suspension or deviation of the BT service execution and/or quality. In this regard, you agree that we will also not be responsible and liable to you if the final execution does not match your expectations for any reason.
18. You also understand and agree that we will not be responsible or liable to you or anyone else for any errors, delays, losses or damages arising out of or in relation to:
(a) any inaccuracy, defect or omission of cryptocurrency price data, or in the accounting or calculation methodology applied in BT;
and (b) any interruption, system downtime, error or delay in the transmission of data or the processing of your data.
19. To the fullest extent permitted by law (and without limiting any other provision in these BT Terms), we, and our related entities, hereby exclude all liability to you or anyone else for any loss or damage of any kind (howsoever caused or arising) arising from or in connection with your access to, use of, or reliance on BT and all its features (including, but not limited to, all calculations and reports generated therefrom).
For clarity, this includes (but shall not be limited to), any losses or damage of any kind that you or anyone else may suffer, relating to:
(i) inaccurate or outdated data or input provided by you into BT;
(ii) the accuracy, usefulness or availability of any information transmitted and/or made available through BT;
and (iii) any trading and/or investment decisions that are made, based on any such information derived from BT.
20. You agree to indemnify and hold us, our affiliates, and each of our or their officers, directors, agents, joint venturers, employees, and representatives harmless from any claim or demand (including attorneys’ fees and any losses, fines, fees, or penalties imposed by any regulatory authority, or damages claimed against us by other third parties) arising out of:
(a) your use or misuse of BT;
and (b) any breach by you of these BT Terms, or breach of any other terms agreed between you and us, or your violation of any law or regulation. For clarity, our right of indemnification under this clause is in addition to the rights and protections afforded to us under the Binance Terms.
21. You shall be also bound by all the terms set out in the Binance Terms and Privacy Policy, which shall be read together with and supplemental to these BT Terms. Accordingly, the rights and protections afforded to us under the Binance Terms and Privacy Policy shall equally apply and be additional to the rights and protections afforded to us under these BT Terms.
22. For clarity, Section X of the Binance Terms on “Resolving Disputes: Forum, Arbitration, Class Action Waiver” shall apply in its entirety to your access to and use of this BT feature, as if the same were expressly set out in these BT Terms.
