In-App Wallet Terms of Service and Risk Disclosures.

Published on 3 November 2025

PLEASE READ CAREFULLY. By accessing or using our decentralized trading interface and related services, you agree to these Terms of Service (the “Terms”). If you do not agree, do not use the Services (as defined below).

1. Parties and Scope

1.1. OKX INC. (“UI Provider”) operates the website user interface (“UI”) that lets you view and access a non-custodial smart wallet (“Smart Wallet”) from within the UI Provider's environment (the “UI Access Service”). The UI Provider provides the UI only. It does not custody your on-chain assets, does not operate or provide a decentralized exchange (“DEX”) or DEX Aggregator, and does not act as your counterparty.Your hosted UI Provider account is excluded from these Terms. Any hosted, custodial account or order‑book trading you maintain with the UI Provider is governed by separate terms and is not part of these Terms. These Terms govern only the UI Access Service and the non‑custodial wallet and decentralized protocol connectivity, as described further below.

1.2. OKX Technology Inc. (“WalletCo,”and together with the UI Provider, “we,” “us,” and “our”) provides the non‑custodial, account‑abstraction Smart Wallet and the technical connectivity that lets your wallet access Third Party Services, including one or more DEXs or DEX aggregators (“DEX Aggregators”). Together with the UI Access Service, these are the “Services.” In these terms, “OKX ” means UI Provider, WalletCo and all parents, affiliates and subsidiaries.

1.3. Third Party Services. “Third Party Services” are decentralized protocols and tools, including but not limited to DEXs and DEX Aggregators, that your Smart Wallet can interact with via WalletCo’s connectivity. Third Party Services are not operated or controlled by the UI Provider, WalletCo. Some Third Party Services may be offered by independent third parties; from time to time, they may also include services offered by an affiliate. In all cases, you transact directly with the applicable protocol(s) and not with the UI Provider.

2. Third Party Services

2.1. Access. Through WalletCo’s connectivity, your Smart Wallet can access Third Party Services (e.g., DEXs and DEX Aggregators). The UI Provider's role is limited to the UI Access Service. Neither the UI Provider nor WalletCo provides or operates a DEX or a DEX Aggregator. When you execute a trade through a DEX or a DEX Aggregator, you transact directly with the applicable decentralized protocol, not with the UI Provider or WalletCo as a counterparty.

2.2. Independence. Neither the UI Provider nor WalletCo controls Third Party Services. The UI Provider and WalletCo make no warranties regarding the availability, performance, security, or legitimacy of the Third Party Services. Third Party Services may impose their own terms and fees, which are your responsibility to review and pay.

2.3. Supported Assets. The Smart Wallet is non‑custodial: you own and control all assets in your Smart Wallet, and you assume all risks. Neither the UI Provider nor WalletCo safeguards, insures, guarantees, or backstops any balance in your Smart Wallet (including assets the UI does not display). We may add, limit, or end support for any asset, network, token standard, or function at any time without notice and in our sole discretion, and we do not warrant compatibility with upgrades, forks, bridges, wrappers, or look‑alike tickers. We may in our sole discretion terminate support for viewing or interacting with any particular digital asset you have in your Smart Wallet.

External deposits to your Smart Wallet are not supported and you will not be able to access, view, swap, or transfer digital assets from external sources via the Services. You bear any loss, inaccessibility, fees, and taxes resulting from an attempt to transfer digital assets from external sources to your Smart Wallet, and we have no duty to locate, recover, or enable access to such assets.

If your Smart Wallet holds unsupported or no‑longer‑supported assets, we may notify you and require that you withdraw them to an external address you control, and we may hide those balances, disable actions (e.g., display, swap, transfer, approvals), restrict or revoke access to the Third Party Services, or turn off this feature for your account until remediation. We are not obligated to provide any method to migrate, unwrap, redeem, or “unlock” unsupported assets, and you are solely responsible for all costs and consequences of any withdrawal or attempted withdrawal.

If you access a Third Party Service that enables you to obtain a digital asset that is not supported by the UI Provider hosted wallet account, you will not be permitted to transfer such a digital asset from your Smart Wallet to your hosted wallet account.

3. Smart Wallet (Account Abstraction; Passkeys)

3.1. In order to use a Third Party Service, you will need to set up a Smart Wallet. The Smart Wallet is a self‑custodial, account‑abstraction wallet that uses passkey‑based authentication. The Smart Wallet does not rely on multisignature technology. You authorize every on‑chain transaction within your Smart Wallet. WalletCo’s systems only facilitate the signing and broadcasting of your on-chain transactions. OKX never has custody of your on‑chain assets.

3.2. Finality & Networks. On‑chain transactions are irreversible once confirmed. Timing and success are controlled by the network on which the Third Party Services operate; on-chain transactions may remain pending or fail. Once an on-chain transaction is submitted to a network, the transaction will be unconfirmed and remain in a pending state for a period of time sufficient to allow confirmation of the on-chain transaction by the relevant network. An on-chain transaction is not complete while it is pending. Neither WalletCo nor UI Provider guarantees confirmation, speed, or outcome of any on-chain transaction.

3.3. Ownership & Control. You own and control the assets in your Smart Wallet and bear all risks of loss (including losses resulting from unauthorized access, key/passkey compromise, market loss, or unsupported assets). OKX does not hold or safeguard the assets in your Smart Wallet. At any time, subject to outages and other applicable policies, you may relinquish the passkey support to your Smart Wallet and control your Smart Wallet via a different self-custodial wallet address.

3.4. You are responsible for gas and protocol fees you may incur for your use of the Third Party Services. Fees incurred from your use of Third Party Services are not charged by, nor paid to, OKX. Any fee charged by us in connection with your use of the Services will be clearly disclosed and presented before you engage with the Services or authorize an on-chain transaction.

3.5. Passkey Security & Recovery. You acknowledge and agree that your Smart Wallet relies on a Trusted Execution Environment ("TEE") and related infrastructure operated and maintained by a third-party service provider ("TEE Provider"). We do not control the TEE Provider or the underlying TEE environment. The security, availability, and integrity of the Smart Wallet are therefore subject to the risks and limitations inherent in such third-party services.

4. Performance

4.1. No Client–Broker Relationship; No Advice. UI Provider and WalletCo are technology providers only. UI Provider and WalletCo are not brokers, dealers, advisors, or counterparties. No fiduciary duties are assumed. No investment, legal, or tax advice is provided.

4.2. You acknowledge and agree that no information provided by UI Provider or WalletCo, notwithstanding whether included in these Terms or any other document or statement, shall be deemed as business, legal, financial, or tax advice. It is your responsibility to consult your own business, legal, financial, or tax advisers regarding your use of the Services.

5. Risks

5.1. Risks. By choosing to use the Services, you expressly acknowledge, accept, and assume all risks associated with their use, including but not limited to the following:

• Risk of Use of Third Party Services: Use Third Party Services involves significant risks, including price volatility, smart‑contract bugs, oracle failures, liquidity shortages, liquidation, protocol failure, and regulatory changes. OKX has not (1) verified the safety or legitimacy of any Third Party Service, or (2) reviewed (or approved of) the Third Party Service or any representations made by the Third Party Service provider. It is your responsibility to ensure that you fully understand the nature of the Third Party Services, including the financial risks that you may be exposed to as a result of using such Third Party Services.

• Risk of Price Volatility: The value or price of digital assets in your Smart wallet may decrease. OKX shall not be liable for any losses you suffer as a result of such value or price drops.

• Risk of Private Key Compromise and Leakage: Your private keys are managed within the TEE. There is a risk that private keys may be compromised, leaked, or otherwise exposed due to a security breach at the TEE Provider's facilities, an interception during transmission of data to or from the TEE, or other vulnerabilities.

• Risk of Service Disruption: Your Smart Wallet's functionality is dependent on the continuous and error-free operation of the TEE Provider's services. Your ability to access your Smart Wallet or execute transactions may be delayed, disrupted, or rendered completely unavailable due to failures, crashes, or maintenance of the TEE Provider's systems. Furthermore, WalletCo may need to temporarily pause or limit Smart Wallet services to address critical bugs, security threats, or other emergency situations, which may also disrupt your transactions.

• Risk of Irrecoverable Loss of Private Keys: In the event of a catastrophic failure or data corruption within the TEE environment, private keys generated and stored exclusively within the TEE may be permanently and irretrievably lost. This risk is particularly relevant for Users who may not have an external backup or recovery mechanism.

• Risk of Unauthorized Transactions and Middleman Attacks: The TEE environment may be targeted by sophisticated attacks, including those initiated by unauthorized personnel or through middleman attack vectors. Such attacks could potentially result in unauthorized access to your private keys and the execution of unauthorized transactions from your Smart Wallet.

To the fullest extent permitted by applicable law, OKX disclaims all liability and shall not be responsible for any damages, claims, losses, or harm, whether direct, indirect, incidental, special, consequential, or exemplary, arising out of or in connection with your use of the Services.

6. Privacy

See OKX Web3 Privacy Notice for information about how we collect, use, and share your Personal Data and information.

7. Indemnification

7.1. General. To the maximum extent permitted by applicable law, you hereby release UI Provider, WalletCo and their parents, subsidiaries, and affiliates from liability for any and all losses in connection with your use of the Services, and you shall indemnify, defend, and hold harmless UI Provider, WalletCo, their parents, subsidiaries, and affiliates, and each of their employees, officers, directors, representatives, agents, contractors, and successors (each an “Indemnified Party”) from and against, and must pay the Indemnified Party on demand for, all losses relating to any third-party claims relating to or in connection with your use of the Services or your breach of these Terms. For clarity, if any Indemnified Party suffers any losses as a result of your breach of these Terms, you shall be liable for compensation of all losses.

7.2 Interest. You agree to pay interest on any amounts with respect to which you are required to indemnify any Indemnified Party under this section or otherwise under these Terms from the date of demand until the date of receipt by that Indemnified Party in full of such amounts and the interest (both before and after judgment) at the rate of interest to be reasonably determined by OKX at that time.

7.3 Further Cooperation. If OKX requests, you also must do the following: (a) appear and defend, at your own cost, any action which may be brought against OKX in connection with or relating to these Terms; and (b) sign any document OKX reasonably requires to give further effect to this section.

7.4 Application of Indemnification. You agree that the provisions of this section: (a) shall continue in full force and effect relating to any instructions we receive before we give you notice that we will not accept further instructions; and (b) are unconditional, irrevocable, and survive termination of all matters and dealings between you and OKX and are not impaired or hindered by any act, omission, matter or thing that may discharge or impair the indemnification, but for this clause.

8. Disclaimers

THE SERVICES (UI ACCESS, SMART WALLET, AND CONNECTIVITY) ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OKX SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. OKX MAKES NO REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SERVICES, OR ANY PART THEREOF, OR ANY MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE, OR THAT THE SERVICES ARE PROVIDED WITHOUT VIRUS OR OTHER HARMFUL COMPONENTS. OKX DOES NOT GUARANTEE THE AVAILABILITY, PERFORMANCE, SECURITY, OR LEGITIMACY OF ANY THIRD PARTY SERVICES. EXCEPT FOR THE EXPRESS STATEMENTS SET FORTH IN THESE TERMS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE OF AND ACCESS TO THE SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT OKX WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL ASSETS PRICE DATA; (B) ANY ERROR, DELAY, OR INTERRUPTION IN THE TRANSMISSION OF SUCH DATA; (C) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING THE SERVICES; (D) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN OUR WEBSITE, SOFTWARE, SYSTEMS OPERATED BY OKX OR ON OUR BEHALF, OR ASSOCIATED WITH ANY OF THE SERVICES; OR (E) YOUR USE OF THE THIRD PARTY SERVICES.

9. Limitation of Liability

OKX’S AGGREGATED LIABILITY IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE AGGREGATE AMOUNT OF FEES OKX RECEIVED FROM YOU IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL OKX, OUR AFFILIATES, DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, REPRESENTATIVES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES OR OKX PRODUCTS AND MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM OKX, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE IN PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS, FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OKX’S DOCUMENTATION, RECORDS, OR SERVICES.

10. Changes to the Terms

We may modify the Terms at any time at our sole discretion and without notice. It is important that you review the Terms whenever we modify them. If you continue to use the Services after we have modified the Terms, you are agreeing to be legally bound by and to abide by the modified Terms. Unless expressly stated otherwise, any modifications to these Terms shall apply to all claims, actions, and disputes arising at any time, including those that accrued prior to the effective date of such modifications.

If you do not agree to be bound by the modified Terms, then you may not use the Services.

11. Notices

11.1 Form of Notice. Any notices provided to you will be made through electronic mail unless otherwise instructed, including the delivery of any updates to these Terms, or any new or updated agreements, rules, announcements or other notices. Notices may be delivered to you by OKX announcements, letters, emails, and mobile phone text messages electronically or by posting on the application or website UI.

11.2 Delivery Date. Notices will be deemed to have been delivered to you on the sent date for all electronic notices. If you fail to receive such notice on the date when the foregoing notice was deemed to be delivered due to reasons not attributable to OKX (including but not limited to inaccurate or invalid email address, mobile phone number etc; information transmission failure; or other reasons), OKX shall not assume any liability for any losses.

11.3 Language. Notices shall generally be in English unless otherwise instructed. If there are any discrepancies between the English language version of the Terms or any such communications and any translation of the Terms or such communications (as applicable) in a foreign language, the English version shall prevail.

12. Governing Law

Except as set forth in Section 14 below, these Terms and your use of the Services will be governed by and construed in accordance with the laws and regulations of the State of California, without regard to its conflict of laws provisions. You agree that any judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 14 must be filed only in state or federal courts located in California, unless you and OKX agree to some other location. You and OKX consent to venue and personal jurisdiction in such courts.

13. Force Majure

OKX shall not be liable for delays, failure in performance or interruption of service that result directly or indirectly from any cause or condition beyond OKX's reasonable control, including but not limited to, significant market volatility, act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, pandemic, other catastrophe or any other occurrence that is beyond our reasonable control.

14. Non-Waiver of Rights.

These Terms shall not be construed to waive rights that cannot be waived under applicable laws, including applicable state money transmission laws in the state where you are located. In addition, OKX's failure to insist upon or enforce strict performance by you of any provision of these Terms or to exercise any right under these Terms will not be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any such provision or right in that or any other instance.

15. Jurisdiction and Dispute Resolution

15.1 Contacting OKX. You may contact OKX about any feedback or general inquiries via our Customer Service help desk at Support Center. OKX requires all legal documents (including civil subpoenas, complaints, and arbitration demands) be served on our registered agent for service of process. More information about our registered agent for service of process can be found here. Our registered agent will accept service only if the entity identified as the recipient of the document identically matches the legal name of the entity that is registered with the Secretary of State and for which our registered agent is authorized to accept service. By accepting service of a legal document, OKX does not waive any objections or defenses it may have in response to such legal document.

15.2 Initial Dispute Resolution Process: OKX is committed to participating in a consumer-friendly dispute resolution process. To that end, you are encouraged to notify OKX of any dispute within 30 days of when such dispute arises, and not less than 30 days before initiating any arbitration or other legal proceeding, to attempt in good faith to resolve such dispute amicably. Any such pre-dispute notice should be sent to OKX through our Support Center or by mailing it to OKX’s registered agent for service of process as set out in Section 14.1 above. The pre-dispute notice should include the subject line “PRE-DISPUTE NOTICE” and include in the body of the notice: the date; your name and/or the entity associated with your account; the user identification number associated with your account; a brief description of the dispute and how you would like it to be resolved; and any other information that you deem relevant.

All offers, compromises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential and inadmissible for any purpose, including as evidence of liability or fault, or for impeachment in arbitration or any other proceeding between the parties.

15.3 ARBITRATION AGREEMENT: EXCEPT AS EXPRESSLY PROVIDED BELOW, YOU AND OKX MUTUALLY AGREE THAT ALL DISPUTES AND CLAIMS BETWEEN OKX (“Claims”) SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”), 9 U.S.C. § 1 et seq. These Claims subject to arbitration include any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating in any way to: these Terms and prior versions thereof, this Arbitration Agreement, your account with OKX, your access to or use of the Services, any products or offerings made available to you through the Services, or any communication or representation by OKX or between OKX and you. If there is a dispute about whether this Arbitration Agreement can be enforced or applies to a Claim, you and OKX agree that an arbitrator will decide that issue. For the avoidance of doubt, this means that all questions concerning the arbitrability of a Claim – including the scope, applicability, enforceability, revocability, formation, validity or interpretation of the Arbitration Agreement – shall be delegated to and resolved exclusively by the arbitrator, except as otherwise provided below.

This Arbitration Agreement shall not require arbitration of the following: (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction and remain in small claims court; (2) Claims by you or OKX for equitable relief from infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents); (3) a request for the remedy of public injunctive relief; and (4) Claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the FAA. You and OKX agree that any request for the remedy of public injunctive relief will proceed after the arbitration of all arbitrable Claims and will be stayed pending the outcome of the arbitration pursuant to the FAA § 3.

15.3.1 Waiver of Jury Trial: YOU AND OKX AGREE TO WAIVE ANY RIGHT TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and OKX are instead electing that all Claims be resolved by arbitration under this Arbitration Agreement, except as otherwise specified herein. This Arbitration Agreement is intended to and shall require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.

15.3.2 Waiver of Class and Other Non-Individualized Relief: YOU AND OKX AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF, PRIVATE ATTORNEY GENERAL, CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING, AND FURTHER AGREE TO WAIVE THE RIGHT TO HAVE ANY CLAIM OR DISPUTE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. Unless you and OKX agree in writing or as provided in Section 14.3.5 of this Arbitration Agreement titled “Batch Arbitration,” Claims of more than one user cannot be arbitrated or consolidated with those of any other user, and the arbitrator shall have no authority to resolve any Claim or issue any relief other than on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual Claim.

Notwithstanding anything to the contrary in this Arbitration Agreement, disputes relating to the interpretation, applicability, validity or enforceability of this Section 14.3.2 titled “Waiver of Class and Other Non-Individualized Relief” shall be resolved only by a court of competent jurisdiction and not by an arbitrator. If a court decides by means of a final decision not subject to further appeal or recourse that the limitations of this Section 14.3.2 are invalid or unenforceable as to a particular Claim or request for relief (such as a request for public injunctive relief), you and OKX agree that the particular challenged Claim or requested relief – and only that particular Claim or requested relief – shall be severed from the arbitration and may be litigated in court as specified in Section 11 (Governing Law) of the Terms. This Section 14.3.2 shall be enforced in arbitration on an individual basis as to all other Claims or remedies to the fullest extent permitted by law. Nothing in this section shall prevent you or OKX from participating in a class-wide settlement of claims.

15.3.3 Administration of the Arbitration:

Rules and Forum: Any arbitration conducted pursuant to this Arbitration Agreement shall be governed by the FAA and administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified herein. The AAA Rules are available at: www.adr.org. In the event that the appointed arbitrator determines that any provision of this Arbitration Agreement is materially unfair or in conflict with the AAA Consumer Due Process Protocol, then the Consumer Due Process Protocol and/or AAA Rules as applicable shall control. Notwithstanding the foregoing, the parties may select different arbitration rules or a different arbitration administrator upon mutual written agreement.

Arbitration Hearing/Location: Unless you and OKX otherwise agree, or Section 14.3.5 below is triggered, the arbitration will be conducted in the county where you reside; if AAA arbitration is unavailable in the county where you reside, then the arbitration will take place in the nearest available alternative location for AAA arbitration. Disputes involving Claims with an amount in controversy of $25,000 or less, exclusive of attorneys’ fees and interest, will be conducted solely on the basis of documents that you and OKX submit to the arbitrator. For disputes involving Claims with an amount in controversy that exceeds $25,000, exclusive of attorneys’ fees and interest, the right to a hearing will be determined by the AAA Rules.

Arbitration Procedure, Award, Confidentiality: Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited and cost-effective nature of arbitration. Your responsibility to pay any AAA fees and costs, including filing fees, will be solely as set forth in the applicable AAA Rules.

The arbitrator will decide the substance of all Claims presented in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different individuals, but is bound by rulings in prior arbitrations involving the same individuals to the extent required by applicable law. The arbitrator shall issue a written and reasoned award describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator’s award shall be final and binding, and judgment on the award issued by the arbitrator may be entered in any court having jurisdiction, provided that any award may be challenged in a court of competent jurisdiction. In any award of damages, the arbitrator shall abide by the “Limitation of Liability” (Section 8) of these Terms to the maximum extent permitted by applicable law.

You and OKX agree that the arbitration proceeding, all materials and documents exchanged during the arbitration proceeding, and any award issued by the arbitrator shall be kept confidential and not shared with anyone except the parties’ attorneys, accountants, or business advisors, or otherwise as required by applicable law, and then subject to the condition that they agree to keep all such information and material confidential. This provision shall not prohibit you or OKX from filing any award issued by the arbitrator in a court proceeding to confirm or challenge the award, although the filing party shall take reasonable efforts to obtain a court order to seal the award.

If the AAA is unavailable as an arbitral forum, the parties shall cooperate in good faith to select a mutually acceptable alternative arbitral forum. If the parties are unable to agree, either you or OKX may ask a court to appoint an arbitrator pursuant to FAA § 5, and the arbitration will be conducted in accordance with the rules of the appointed arbitral forum unless those rules are inconsistent with the provisions of this Arbitration Agreement.

15.3.4 Attorneys’ Fees and Costs: If you or OKX need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs and attorneys’ fees incurred in securing an order compelling arbitration. Although under some laws OKX may have a right to an award of attorneys’ fees if it prevails in arbitration, OKX agrees that it will not seek such an award unless the arbitrator finds that the substance of the Claim or the relief sought by you was frivolous or brought for an improper purpose, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b).

15.3.5 Batch Arbitration: To increase the efficiency of administration and resolution of arbitrations, you and OKX agree that in the event 100 or more individual Claims of a substantially similar nature are filed in arbitration against OKX by or with the assistance of the same law firm, group of law firms, or organizations within a 180-day period, the AAA (or other arbitration administrator chosen by the parties) shall: (1) administer the Claims in batches of no more than 100 per batch (plus, to the extent there are less than 100 individual Claims left over after the batching described above, a final batch of the remaining Claims); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the appointed arbitrator, and one final award which in the appointed arbitrator’s discretion may separately address and resolve any individual issues or Claims of the members of the batch (“Batch Arbitration”). You and OKX agree that Claims are of a “substantially similar nature” if they arise out of or relate to the same event or series of events or factual scenario and raise common legal issues and seek the same or similar relief.

The batching of Claims shall presumptively be determined by listing the claimants alphabetically by last name or business name, as applicable. If the parties disagree on the applicability or enforceability of the Batch Arbitration process, or on the method by which the batches are determined or whether a particular Claim is part of the Batch Arbitration, the AAA shall appoint a sole standing arbitrator (“Administrative Arbitrator”) who shall have the exclusive authority to manage and resolve such disagreements regarding the Batch Arbitration process. The parties agree that the Administrative Arbitrator may set forth such procedures as are necessary to resolve promptly any disagreements about the Batch Arbitration process. The Administrative Arbitrator’s fees shall be paid by OKX.

You and OKX agree to cooperate in good faith to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Claims, as well as any steps to minimize the time and costs of arbitration, which may include the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes and the adoption of an expedited calendar for the arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision. The arbitration award in any batch shall not control with respect to any Claim not assigned to that batch.

15.3.6 Severability: Except as expressly provided otherwise in this Arbitration Agreement, any portion of this Arbitration Agreement that is deemed unlawful, invalid, or unenforceable under applicable law shall be severed and the remainder of the Arbitration Agreement given full force and effect.

15.3.7 Survival: Except as expressly provided otherwise in this Arbitration Agreement or the Terms, this Arbitration Agreement shall survive any termination of the Terms and will continue to apply even if you terminate your use of the Services and close your account.

16. General Terms

16.1 Acceptance of all Terms and Conditions; Modifications. By using the Services (or any subcomponent thereof), you agree that you have read, understood and accepted these Terms and all relevant transactions and operational rules in connection with the Services, and you agree to be legally bound by the terms and conditions hereof. OKX reserves the right to change or modify these Terms at any time at its sole discretion and may provide notice of these changes by posting the revised Terms and changing the "Last updated" date at the top of the Terms, or by emailing Users at their provided email addresses, or by any other means as determined by OKX at our sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Terms or at the instant that we transmit the information. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Services acts as acceptance of such changes or modifications. We encourage you to frequently review the Terms to ensure that you understand the terms and conditions that apply to your access to, and use of, the Services.

16.2 Severability. If any provision of these Terms is deemed to be unlawful, invalid or unenforceable for any reason, such provision will be deemed to be severed and will not affect the legal effect of any other provision.

16.3 Assignment. You may not assign any rights, obligations and/or licenses granted under these Terms without OKX's prior written consent. Any attempted transfer or assignment by you in violation hereof will be null and void. We may assign our rights and obligations without restriction, including without limitation to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with us. Subject to the foregoing, these Terms will bind and inure to the benefit of OKX, its successors, and permitted assigns.

16.4 Complete Understanding. These Terms set forth the complete understanding of the parties with respect to the subject matter hereof and supersedes all prior understandings and communications relating thereto. No term or condition of any other document which is different from, inconsistent with, or in addition to the terms and conditions set forth herein will be binding upon the Parties. You represent and warrant that all information disclosed to OKX in connection with these Terms are true, accurate, and complete.

16.5 Feedback. If you have any complaints, feedback, or questions, please contact our Customer Service through OKX's Support Center. When you contact us, please provide us with your name and email address and any other information we may need to identify you, and the transaction about which you have feedback, questions, or complaints.

16.6 Electronic Communications. Communications between you and OKX use electronic means, whether made via the Platform or Services or sent via e-mail, or whether OKX posts notices on the Platform or Services. For contractual purposes, you (1) consent to receive communications from OKX in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that OKX provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

16.7 Final Interpretation. OKX has the sole and final discretion of interpretation of these Terms.