AscendEX Staking 服务协议
本Staking服务协议（“本协议”）构成您（“委托人”或“您”）与BMXDM Technology PTE（“ AscendEX”或“我们”）之间的法律协议。本协议规定了您可以委托（也称为“质押”）您的代币并获得一定份额的净质押收益的条款。AscendEX会将您委托的代币质押给相关区块链中的验证节点。如果您不同意受本用户协议的约束，请不要使用或访问我们的服务。
2.3 除非适用条款中另有规定，否则：（i）您质押给我们的代币无数量上限；（ii）有资格获得质押收益的最低维持质押代币数量，将在网站上进行公布，并因不同的区块链而异；（iii）您可以随时质押或解质押您的代币；但是，您需同意网站上公布的受不同区块链而异的解质押期；（iv）您可以使用“快速解质押”功能绕过“解质押期”，但会收取第4.4节所述的费用； （v）如果预留的流动资金池中没有足够的代币，则您可能无法使用快速解质押功能。
3.1我们的责任和义务。在有效期内（定义见下文），我们将：（i）以专业方式提供服务； （ii）向您分发您在第4节中规定的净质押收益； （iii）向您提供数据或报告，以显示您在净质押收益中所占的份额。
4.2 税收。您应全权负责支付与您的净质押收益份额有关的任何适用税费，以及由相关交易产生的任何其他税费。 AscendEX或其任何代理商不就纳税义务提供任何建议或指导。我们强烈建议您向自己的税务顾问寻求建议，以讨论订立本协议以及收到任何净质押收益的潜在税收后果。
4.4 快速解质押费用。如果您选择解质押代币并试用快速解质押功能，则将立即收取费用，并且无法退款。快速解质押费用：(i）将被公布在网站上； （ii）因受支持的区块链而异；（iii）定期更改； （iv）受净收益发放时（而非您将代币质押时），所公布在网站上的信息约束。
5.2 终止。任一方均可随时出于任何原因终止本协议，而无需事先通知另一方。本协议终止后：（i）您将停止将代币委托给AscendEX； （ii）AscendEX将向您及时分发尚未发放的所有净质押收益。
9.1每一方（以“赔偿方”的身份）应捍卫，赔偿对方并使另一方的职员，董事，经理和雇员免于承担因赔偿方违反其在第7条中的陈述和保证而引起的任何第三方诉讼，索赔或诉讼（每个“索赔”）而产生的任何责任，损害赔偿，费用和支出（包括合理的律师费）；仅当被赔偿方承担如下义务时：（i）立即以书面形式将赔偿要求通知给被赔偿方； （ii）在赔偿要求的辩护中，向赔偿方提供合理的合作； （iii）向赔偿方提供对辩护和谈判的唯一控制权，以达成和解或妥协。
AscendEX Staking Agreement
This Delegation (“Staking”) Agreement (“Agreement”), constitutes a legal agreement between you (“Delegator” or “you”) and BMXDM Technology PTE. Ltd. (“AscendEX” or “we” or “us”). This Agreement specifies the terms under which you may delegate (also referred to as “stake” or “staking”) your Tokens and earn a share of Net Staking Rewards. AscendEX will stake the Tokens that Delegators designate for Staking services through third-party validators on the applicable network for the Digital Asset being staked. If you do not agree to be bound by this User Agreement, please do not use or access our Services.
Please read this Agreement carefully before delegating your Tokens. By doing so or otherwise manifesting assent to this Agreement, Delegator agrees to be bound by the terms of this Agreement. If Delegator is accepting this Agreement on behalf of a company, Delegator represents that he or she is an authorized representative of the company capable of binding the company to this Agreement, and the company shall be deemed the Delegator for the purposes of this Agreement.
1. DEFINITIONS. The definitions for some of the defined terms used in this Agreement are set forth below:
1.1 “Party” means “you” or “we” or “us”, as applicable, and “Parties” means “you” and “we” or “us” collectively.
1.2 “Effective Date” means the date that you delegate your Tokens.
1.3 “T Day” means a nature day based on Coordinated Universal Time.
1.4 “Staking Rewards” means any rewards that we actually receive in exchange for the Service, including, without limitation, block rewards, endorser rewards, and transaction fees.
1.5 “Actual Yield” means the quantity of rewards earned by the user.
1.6 “Estimated Yield” means the estimate of rewards that the user may or may not earn.
1.7 “Net Staking Rewards” means Staking Rewards minus any Slashing Penalties and Validator fees. See Website for details related to Net Staking Rewards for each Supported Blockchain.
1.8 “Staking Period” means the time period for you to stake Tokens. If you delegate your Tokens on T Day and undelegate it between 0:00 to 24:00 on T+N day, your staking period is N-1 days.
1.9 “Service” means our provision of delegation to and undelegation from Validators that provides Validation Services to Supported Blockchains.
1.10 “Validation Service” means activities that help secure the network, including, without limitation, producing and validating new blocks, endorsing and processing transactions.
1.11 “Unbonding Period” means an on-chain parameterized period of time upon which all delegates, including validators, must wait for their staked Tokens to become fully unbonded and liquid.
1.12 “Instant Unbonding” means a function provided by AscendEX to bypass the Unbonding Period associated with the undelegation process and claim the staked Tokens right away from a Reserved Liquidity Pool of Tokens underlying.
1.13 “Slashing Penalties” means any penalty assessed by the Supported Blockchain for failure to perform the Service.
1.14 “Supported Blockchain” means any blockchain for which AscendEX is able to perform the Service. The list of Supported Blockchains is available on the Website.
1.15 “Token” means any tokens that you have delegated properly to us, as described on the Website.
1.16 “Website” means https://ascendex.com
1.17 “Reserved Liquidity Pool” means a pool of Tokens underlying reserved by AscendEX or other third parties for the purpose of enabling instant liquidity of staked Tokens when you choose to undelegate Tokens.
2. USE OF SERVICE.
2.1 You can make commands, such as delegate, undelegate and instant unbonding etc. through the Website. Once the command is received, the system will record the command and you will not be able to cancel or edit it. If you click Stake, then you’re free to click Unstake immediately, but the system will have a record of your previous command. If you click Unstake, then you’ll be unable to unwind the previous unstaking command. If you click Instant Unbonding, then a fee would already be taken, and there is no way to receive a refund.
2.2 When your Tokens are successfully delegated, you agree to authorize AscendEX to perform the Service and collect Staking Rewards on your behalf. AscendEX maintains sole discrepancy in choosing Validators of Supported Blockchains.
2.3 Unless otherwise set forth in the Applicable Terms: (i) there are no maximum number of Tokens you may delegate to us; (ii) the minimum number of Tokens in delegation to qualify for rewards is posted on the Website and vary by Supported Blockchain; (iii) you may delegate or undelegate your Tokens at any time; provided, however, if you agree to the Unbonding Period set by Supported Blockchain posted on the Website; (iv) you may use the Instant Unbonding function to bypass Unbonding Period with a fee as set forth in Section 4.4; and (v) Instant Unbonding function may be suspended if there’s not enough Tokens underlying in the reserved liquidity pool.
3. OBLIGATIONS AND DUTIES.
3.1 Our Obligations and Duties. During the Term (as defined below), we shall: (i) perform the Service in a professional manner; (ii) distribute your share of Net Staking Rewards to you as set forth in Section 4; and (iii) provide you the data or reports that show your share of Net Staking Rewards.
3.2 Your Obligations and Duties. During the Term, you shall delegate your Tokens, as you elect from time and time, and you shall pay your taxes applicable as set forth in Section 4.3.
4. ECONOMIC TERMS.
4.1 Calculation and distribution of Net Staking Rewards. We shall calculate and distribute to you Net Staking Rewards directly attributable to your Tokens and you shall receive Net Staking Rewards only for the duration of your Staking Period. The calculation of Net Staking Rewards, the estimated size of Net Staking Rewards, and the timing of such distribution: (i) are posted on the Website; (ii) vary by Supported Blockchain; (iii) change periodically; and (iv) are governed by the information posted on the Website on the date a distribution to you is due (not the date on which you delegated the Tokens to us). Unless otherwise set forth on the Website, all distributions to you shall be in the same cryptocurrency in which the Tokens are denominated.
4.2 Taxes. You are solely responsible for the payment of any applicable taxes with respect to your share of Net Staking Rewards and for any other taxes resulting from the transactions contemplated herein. Neither AscendEX nor any of its agents shall provide any advice or guidance with respect to the tax obligations of the Delegator. You are strongly encouraged to seek advice from your own tax advisor to discuss the potential tax consequences of entering into this Agreement and the receipt of any Net Staking Rewards.
4.3 Rewards Distribution Destination. Any transfer of Net Staking Rewards to you shall be made directly to the corresponding wallet address on AscendEX.
4.4 Instant Unbonding Fee. If you choose to undelegate your Tokens and use the Instant Unbonding function, a fee is applicable. The Instant Unbonding fees: (i) are posted on the Website; (ii) vary by Supported Blockchain; (iii) change periodically and (iv) are governed by the information posted on the Website on the date when you undelegate the Tokens.
5. TERM, AND TERMINATION OF THE AGREEMENT
5.1 Term. The term of this Agreement (the “Term”) commences on the Effective Date and shall continue in effect until terminated in accordance with Section 5.2.
5.2 Termination. Either Party may terminate this Agreement without notice to the other Party at any time for any reason. Upon termination of this Agreement: (i) you will cease delegating Tokens to AscendEX; and (ii) AscendEX will promptly distribute to you any Net Staking Rewards that are currently due and owing.
6. LIMITATION OF LIABILITY.
6.1 Staking Reward Yield. You agree and accept that the estimated reward yield displayed on the AscendEX Website is an estimation but not a guaranteed or promised Actual Yield. The actual yield you receive may not meet or may be lower than the Estimated Yield. AscendEX does not promise or guarantee the Actual Yield or Staking reward you will receive.
6.2 Undelegation of Token. You agree and accept that when you undelegate your Tokens, the time it takes to arrive at your account may vary and the arrival displayed on Website is final. AscendEX shall not be liable for any losses caused by the Tokens arrival time difference.
6.3 You agree and accept that AscendEX holds the right to reject your participation in Staking, if you are unable to fulfill your identity verification requirements or for any other suspicious activity detected while participating in the services provided by AscendEX.
6.4 You agree and accept that AscendEX reserves the right to amend the content of this Agreement anytime in its sole discretion. AscendEX shall not be liable for any losses due to your misunderstanding of this Agreement, or your delay of reading the amendments to this Agreement.
6.5 You agree and accept that if AscendEX cannot provide the Service properly or the Service is interrupted due to the following conditions, such that you are unable to use the Services or cannot make commands or perform related trading operations, including but not limited to failure, delay, interruption, no system response, delayed system response or any other abnormal circumstances, AscendEX shall not be liable to any losses. These circumstances include but are not limited to:
6.5.1 Service suspension for maintenance as announced by AscendEX;
6.5.2 System failure to transmit data;
6.5.3 Force majeure or accidents, such as typhoon, earthquake, tsunami, flooding, plague, power outage, war, turmoil, government actions, terrorist attacks, etc., that lead to the suspension of the Service;
6.5.4 Service interruption or delay due to hacking, computer virus, technical adjustment or failure, website upgrade, banking issues, temporary closure due to government regulations, etc.;
6.5.5 Service interruption or delay caused by the computer system being damaged, defective or unable to perform normally;
6.5.6 Losses due to technical problems that cannot be predicted or solved by existing technical forces and solution in the industry;
6.5.7 Losses to you or other third parties due to the fault or delay of third parties, including, without limitation, Validation Service providers we work with;
6.5.8 Losses to you or other third parties due to changes in laws and regulations or government orders;
6.5.9 Losses to you or other third parties due to force majeure or accidents caused by other unforeseeable, unavoidable and unsolvable objective circumstances.
You agree and accept that the above reasons may lead to abnormal transactions, market interruptions and other possible abnormal circumstances, AscendEX reserves the right to refuse to execute your commands based on the actual circumstance. You understand and agree that AscendEX shall not be liable for any of your losses (including but not limited to direct or indirect losses, actual losses or loss of possible yield, etc.).
7. REPRESENTATIONS AND WARRANTIES
7.1 Each Party represents and warrants that: (i) this Agreement constitutes a valid and binding obligation and is enforceable against it in accordance with the terms of this Agreement; and (ii) Agreement by it and the performance of its obligations and exercise of its rights hereunder: (a) will not conflict with or violate in any material manner, any applicable law; or (b) are not in violation or breach of, and will not conflict with or constitute a default under, any contract, agreement, or commitment binding upon it.
7.2 You represent and warrant that: (i) you will not use the Service for any illegal purposes, including, without limitation, illegal gambling, money laundering, fraud, extortion, extortion, data breaches, terrorist financing, and any other violent activities or any businesses prohibited by applicable laws; (ii) you will not conduct, initiate or promote any forms of market manipulation or other forms of illegal conduct, including, without limitation, illegal gambling, money laundering, fraud, extortion, extortion, data breach, terrorist financing, and any other violent activities or businesses prohibited by applicable laws; (iii) you have the experience and risk tolerance of using the Service, and have the experience and knowledge to invest in non-guaranteed digital currency products; and (iv) If you are registering to use the Service on behalf of a legal entity, such legal entity is legally established and valid in accordance with applicable laws and you are duly authorized by the legal entity to have the right to act on their behalf.
8.1 AscendEX does not provide any financial, investment, business, accounting, tax, legal, or other advice to you. All Transactions are executed automatically, based on your Instructions, and you are solely responsible for determining whether any investment, investment strategy, or Transaction is appropriate for you based on your personal investment objectives, financial circumstances, and risk tolerance.
9.1 Each Party (in such capacity, the “Indemnifying Party”) shall defend, indemnify, and hold harmless the other Party and the other Party’s officers, directors, managers, and employees from any and all liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) incurred by such indemnified parties in connection with any third-party action, claim, or proceeding (each, a “Claim”) arising from the Indemnifying Party’s breach of its representations and warranties in Section 7; provided, however, that the foregoing obligations shall be subject to the indemnified Party: (i) promptly notifying the Indemnifying Party in writing of the Claim; (ii) providing the Indemnifying Party, at its expense, with reasonable cooperation in the defense of the Claim; and (iii) providing the Indemnifying Party with sole control over the defense and negotiations for a settlement or compromise.
10. APPLICABLE LAW & DISPUTE RES0LUTION
10.1 This Agreement shall be governed by and construed in accordance with the laws of Singapore.
10.2 Where any dispute arises between both parties hereto in connection with the execution or performance of this Agreement, the parties hereto shall first seek to resolve such dispute through amicable negotiations by and between themselves. If the negotiation fails to produce an agreement, either party hereto may submit the dispute to the Singapore International Arbitration Center for arbitration in accordance with the arbitration rules in force at the time of the application for arbitration. The result of the arbitration shall be final and shall be binding on both parties.
11. LEGALLY BINDING AGREEMENT
11.1 You agree and understand to be legally bound by the terms and conditions set forth in these Terms and that these Terms governs your use of AscendEX and the services we provide. By clicking "I AGREE," you agree and understand to be legally bound by the terms and conditions of this Agreement and you agree to AscendEX’s Terms of Services (https://ascendex.com/terms-of-service). You understand that you have received the disclosures set forth herein. In addition, you represent and warrant that you have the authority to act on behalf of yourself and any entity or individual you represent. If you do not agree to be legally bound by the terms and conditions of these Terms, do not click "I AGREE" and please do not visit, access, or use AscendEX in any capacity or manner.
DELEGATOR ACKNOWLEDGES THAT DELEGATOR HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.