Published on: 2026-03-06
BEFORE ACCESSING OR USING ANY OF THE FUTURES SERVICES OR UNDERTAKING ANY FUTURES TRANSACTIONS, YOU MUST READ THIS FUTURES SERVICES AGREEMENT IN ITS ENTIRETY CAREFULLY.
FUTURES TRADING IN FUTURES PRODUCTS ARE COMPLEX AND NOT SUITABLE FOR THE MAJORITY OF ORDINARY PERSONS.THE RISK OF LOSS IN CONNECTION WITH FUTURES CAN BE SUBSTANTIAL.YOU MAY LOSE ALL OF THE ASSETS YOU PROVIDE AND, IN CERTAIN CIRCUMSTANCES, LOSSES MAY EXCEED THE VALUE OF THE ASSETS YOU HAVE CONTRIBUTED AS MARGIN.YOU MAY BE CALLED UPON AT SHORT NOTICE TO MAKE ADDITIONAL MARGIN CONTRIBUTIONS.IF YOU DO NOT MAKE SUCH CONTRIBUTIONS IN ACCORDANCE WITH OUR PRESCRIBED INSTRUCTIONS, YOUR MARGIN OR OTHER ASSETS PROVIDED AS COLLATERAL MAY BE LOST WITHOUT FURTHER NOTICE TO YOU.YOU SHOULD THEREFORE CAREFULLY EXAMINE YOUR INVESTMENT OBJECTIVES, FINANCIAL RESOURCES AND RISK TOLERANCE AND CONSIDER WHETHER SUCH ARRANGEMENTS ARE SUITABLE FOR YOU.YOU SHOULD BE CAPABLE OF BEARING A FULL LOSS OF THE AMOUNTS INVESTED IN CONNECTION WITH ANY ORDER OR TRANSACTION, AND ANY ADDITIONAL LOSS OVER AND ABOVE THE INITIAL AMOUNTS INVESTED THAT MAY BECOME DUE AND OWING BY YOU.
This Futures Service Agreement (this “Agreement”) applies to all products and services offered by us in relation to the Futures Products and Futures Services.By accessing and using any Future Services you will be deemed to have fully read, understood and agreed to the terms and conditions set out in this Agreement.
This Agreement shall be supplemental to and constitute part of the Gate Bahamas User Agreement (available at https://www.gate.com/en-bs/legal/user-agreement) (the “User Agreement”) and should be read in conjunction with the Gate Bahamas User Agreement.Therefore, unless otherwise stated in this Agreement, the capitalized terms used in this Agreement shall have the same meaning given to them under the User Agreement.However, where a term is defined both in the User Agreement and in this Agreement, for the purposes of this Agreement only, the definition in this Agreement shall prevail.In the event of any conflict or inconsistency arises between the terms in this Agreement and the User Agreement, the terms in this Agreement shall prevail solely with respect to the Futures Services and Futures Products contemplated hereunder unless expressly stated otherwise.
The Futures Services the subject of this Agreement shall constitute part of the Services under the User Agreement.
(1) Applicable Fees means any and all fees, interest, commissions and/or other charges at such rates and in such manner as Gate may impose from time to time with respect to the execution and/or performance of any Orders or otherwise for the maintenance of your Futures Account or the provision of any service to you in connection with your Futures Account or Future Products, including the Funding Fees.
(2) BTC- M Futures means futures contracts that are quoted, margined and settled in Bitcoin (BTC).
(3) Delivery Contracts means the USDT- M Futures with a set or fixed expiry date.
(4) Digital Asset means a digital representation of value or rights which may be transferred and stored electronically, using distributed ledger technology or similar technology, including, but not limited to, cryptocurrencies, stablecoins, non-fungible tokens and tokenised derivatives of any other digital asset.
(5) Gate or “we”, “us”, or “our” means Gate Global Limited incorporated in the Commonwealth of The Bahamas (also referred to “Gate Bahamas”) which offers and provides the Futures Services.
(6) Gate Account means any account registered, applied for and opened with Gate and/or on the Sites under your name.
(7) Forced Liquidation means the event described in clause 2.(5).
(8) Funding Fees means periodic payments that apply to Perpetual Contracts that are either paid to you or owed by you depending on whether you hold a long or short position in the relevant Digital Assets and are based on the nominal value of the positions and the applicable rate.Funding Fees are intended to ensure the Perpetual Contract price aligns with the prevailing spot price.
(9) Futures or Futures Product means USDT-M Futures, BTC-M Futures or any other futures contracts including Perpetual Contracts and Delivery Contracts that Gate may allow at its sole discretion to be traded on the Sites.
(10) Futures Account means the account you hold with Gate and maintain on the Sites in relation to the Futures or Futures Service.
(11) Futures Service means any services offered or provided by Gate on the Sites in relation to Futures or a Futures Product.
(12) Initial Margin means the threshold amount for a specific Futures Service or Futures Product as determined by Gate in its sole and absolute discretion from time to time.
(13) Insurance Fund means the total amount of Liquidation Fees (has the meaning given to it under clause 2.(5).H collected by Gate which is to be used in an event described in clause 2.(5).
(14) Maintenance Margin means the amount of Margin determined by Gate from time to time in its sole discretion, to be required to keep the relevant leveraged position in respect of the applicable Order open.
(15) Margin means any Digital Assets of the type that Gate has specified it accepts to satisfy the Margin Requirements, that are deposited with or held by or on behalf of Gate as security or credit support for your obligations in relation to the Futures Services.
(16) Margin Balance means the sum as determined by Gate in its sole discretion from time to time of:
A.Margin held in your Futures Account; and
B.any Unrealised P/L connected to your Futures Account.
(17) Margin Call means the request issued by Gate to you to top up any shortfall of Margin in your Futures Account in order to satisfy Initial Margin and/or Maintenance Margin requirements from time to time.
(18) Margin Requirements means the Initial Margin, Maintenance Margin and the Margin Balance required to be maintained or deposited into your Futures Account to initiate, open or maintain a position in respect of any Futures Products as specified by Gate in its sole discretion from time to time, including those requirements set out under clause 2.
(19) Maximum Order Quantity means the maximum amount that Gate permits per Order under the Futures Service, as described on relevant pages of the Sites from time to time.
(20) Order means an instruction, application, request or order to initiate a Digital Asset transaction in relation to the Futures Services sent, given or transmitted by you or on your behalf to Gate or which Gate reasonably believes to have been sent, given or transmitted by or on your behalf, including any instruction, request or order to revoke, ignore or vary any previous offer, instruction, request application or order.
(21) Perpetual Contracts means the USDT- M Futures and/or BTC – M Futures that do not have a fixed expiry date.
(22) Position Limit means the position limit that Gate is prepared to make available to you under the Futures Service, with reference to the amount of Margin provided and other factors it deems relevant and appropriate in its sole discretion.
(23) Supported Assets means the Digital Assets supported and accepted by Gate that can be deposited as Margin for using Futures Services.
(24) Trigger Event means the event described under clause 4.(1).
(25) Unrealised P/L means profits that have not yet been realised minus any losses that have not yet been realised, in each case with respect to your open position prior to its closure or expiry.
(26) USDT-M Futures means futures contracts that are quoted, margined and settled in Tether (USDT).
(27) User Agreement means the Gate Bahamas User Agreement which is available and accessible at https://www.gate.com/en-bs/legal/user-agreement.
(1) Position Limit and Maximum Order Quantity
A.Gate may provide you with a Position Limit which will determine the size of the position you may open in respect of a specific Future Product.
B.You acknowledge and agree that any Futures Service or Futures Product made available to you is subject to, and must not exceed the:
(a) Position Limit (if any); and
(b) the Maximum Order Quantity.
C.You may not enter into transactions under the Futures Service in excess of the Position Limit.
(2) Market Protection Measures
Gate may, at any time and in its sole and absolute discretion, suspend, restrict or halt trading in any Futures Product, adjust leverage limits, modify Position Limits, modify Maximum Order Quantity, or take any other measures it considers necessary or appropriate to maintain orderly markets, manage risk, protect users or the Platform, or respond to abnormal market conditions, extreme volatility, system issues or regulatory requirements.Gate shall not be liable for any loss arising from such actions.
(3) Futures Services require Margin
A.You may enter into, and exit from our Futures Services subject to the terms of the Agreement.
B.Notwithstanding any other terms of the Agreement, Gate will require the full receipt of the Initial Margin before you open a position in respect of a Futures Product or using our Futures Services.Gate may in its sole discretion, determine in respect of each Futures Product:
(a) the maintenance amount to be maintained with Gate of such form and level of Margin, as well as the methodology used to calculate the Margin;
(b) the Position Limit (if any);
(c) the Maximum Order Quantity;
(d) the Margin Balance;
(e) the Initial Margin, Maintenance Margin and prescribed thresholds as described by Gate on its Sites to determine whether to undertake a further action such as a Forced Liquidation; and
(f) such other conditions that Gate may specify from time to time when confirming particulars of an Order.
C.In completing Orders pursuant to the Futures Service, you agree to comply with the following terms:
(a) The Position Limit (if any) must not be exceeded.
(b) As security for your obligations, you shall maintain Margin in the form and amount Gate requires at all relevant times.This includes additional Margin to meet the Margin Requirements for all Supported Assets.
(c) The Margin that Gate may ask for may include one or more types of Supported Assets.
D.Gate may in its discretion change the Margin Requirement associated with a particular Futures Product, any applicable prescribed thresholds including the Initial Margin or Maintenance Margin, and the form and haircut (if any) applicable to, any Margin at any time.You acknowledge that:
(a) a change in Margin Requirements for an existing position may result in the events described in clause 2.(4) because of the effect this may have on your Initial Margin;
(b) a change to Initial Margin and Maintenance Margin may result in the events described in clause 2.(4) and/or Forced Liquidation; and
(c) Gate may, in certain market conditions, effect an immediate change in Margin Requirements or other aspects of the Futures Service and you waive any right to object on the grounds that any such change is unreasonable.
(4) Margin related notifications
A.If, at any time (in our sole and absolute discretion):
(a) we assess that your Margin Balance drops below the Initial Margin; or
(b) we consider, acting reasonably, that such action is required for the purpose of protecting Gate against risk of loss on present, future or contemplated transactions, then Gate will take reasonable steps to notify you in accordance with this clause 2.(4).
B.You will be notified in writing via the agreed communication channel each time your Margin Balance falls below the Initial Margin.
C.It is your responsibility to monitor your positions and to ensure that your Margin Balance does not drop below the Initial Margin.You acknowledge that any failure to notify you, or non-receipt of a notification under this clause 2.(4), does not prejudice any of Gate’s rights under this Agreement.
D.Without prejudice to the generality of clause 2.(4).B, you understand and agree that Gate is under no obligation to contact you via telephone or physical mails at any of the telephone numbers or residential addresses that may have been provided to Gate previously for the purpose of any notification under this clause 2.(4).
E.Any notification under this clause 2.(4) must be addressed by taking one or more of the following actions within such time frame as Gate specifies by:
(a) repaying some or all of the amount owing, as specified by Gate;
(b) providing Gate with additional Margin in a form acceptable to Gate;
(c) arranging to sell, dispose of or redeem in any manner and method some or all of the assets forming part of the Margin (with the proceeds being used to reduce any amount owing or outstanding);
(d) applying any Digital Assets balances in any accounts held with Gate to discharge any amount owing;
(e) reducing and/or closing-out some or all of your open Orders and/or positions; and
(f) taking any other steps Gate considers necessary, so that the Margin Balance is no longer below the prescribed Margin threshold.You must seek Gate’s approval before taking any actions under this clause.
F.Failure to satisfactorily respond to a notification under this clause 2.(4) may result in Gate, in its sole discretion, designating such event as a Trigger Event.
G.You should ensure that you are in a position to receive any notifications from Gate under this clause 2.(4) and to act promptly and within the time limits Gate specifies.
H.Without limiting our other rights or obligations under the Agreement and subject to applicable laws, we may prevent any withdrawal from any or all of your Gate Accounts or entering into new positions until you repay and/or claw- back any negative balance and/or discharge any amount owing if there is an extreme market condition.Such action may be taken without any notification to you.An extreme market condition is determined by Gate in its sole discretion.
I.You agree:
(a) to manage your Margin Balance.This includes tracking market movements in order to avoid your Margin Balance dropping below the Initial Margin; and
(b) if at any time your Margin Balance drops below the Initial Margin and either Gate does not provide notice or does not require action to be taken under clause 2.(4).E:
i.it is not a waiver of Gate’s rights, nor is it a waiver of Gate’s right to exercise these rights at any time in the future; and
ii.Gate is not obliged to take any actions to stop or limit your loss by exercising Gate’s rights under the Agreement.
(5) Forced Liquidation
A.Where a notification under clause 2.(4) is not addressed in accordance with clause 2.(4).E, and/or the Margin Balance falls below the Maintenance Margin, Gate has the right to choose, in its absolute discretion, to:
(a) take such actions to restore the Margin Balance to a level acceptable to Gate and above the Initial Margin, including reducing and/or closing-out some or all of your open Orders and/or positions, and/or arranging to sell, dispose of or redeem in any manner and method some or all of the property in your Gate Accounts, including property secured in Gate’s favour by any securities or collaterals or otherwise forming part of the Margin.Gate can apply partial liquidation to your position until the Margin Balance is above or satisfies thresholds prescribed by Gate on the Sites from time to time.
(b) Without limitation to Gate’s rights, it will generally close positions for Futures Products that fall below the Maintenance Margin before closing other positions that remain above thresholds for Margin Calls or Forced Liquidation;
(c) terminate:
i.open Orders and/or positions;
ii.part of or all Futures Service; and/or
iii.the Agreement; and
iv.take such other steps as Gate considers reasonable or necessary in its sole discretion.
B.Where Gate sells all or part of the Margin or any other property provided as security or collateral, Gate can do so without recourse or liability to you or any other party and Gate can choose, in its discretion, which parts to sell.To the extent that Gate sells the Margin as mentioned above, any remaining amounts after all amounts owing and any negative balance have been repaid will be refunded to you.
C.You acknowledge and agree that Gate may not issue you a notice when it exercises its rights to terminate the Agreement and/or the Service under this clause 2.(5).
D.On or as soon as reasonably practicable after termination of the Service under this clause 2.(5), Gate will send you a notice specifying any amount payable together with relevant periods and dates.
E.You must repay all amounts owing and/or negative balances of your Futures Account within the applicable time period specified in the notice given to you in accordance with clause 2.(5).D.
F.Clause 2.(5).B to E also apply to actions taken by Gate in accordance with its other liquidation powers under this Agreement, the User Agreement and applicable laws.
G.A fee will be payable by you to Gate if a Forced Liquidation occurs (“Liquidation Fee”).Gate may deduct the Liquidation Fee directly from your Futures Account or other Gate Accounts.
H.If after Gate takes steps described in clause2.(5).A, your Futures Account has a negative balance, and you still have amounts owing, Gate will use the Insurance Fund to pay any owing amount.Note that the Insurance Fund will not be used to cover your trading losses.
I.In the event that the Insurance Fund is unable to absorb positions, such as in periods of extreme market volatility, counterparty liquidation will occur and positions held by opposing users will be liquidated in accordance with a priority ranking calculation which results in highly leveraged positions being closed out first.
J.Gate may determine, in its sole and absolute discretion, the mark price, index price, liquidation thresholds and liquidation methodology applicable to any Futures Product.You acknowledge and agree that liquidation may occur based on mark price, index price or other pricing mechanisms determined by Gate and that such prices may differ from the last traded price or other market prices available on the Sites or other trading platforms.
(6) Inadequate Margin
A.If Gate determines that the Margin in the Futures Account does not satisfy the Margin Requirement for any reason, Gate may take such action as it considers necessary, including:
(a) realising part or all of the Collateral to satisfy your obligations, without notice to or consent from you;
(b) requiring you to transfer, within such time as Gate thinks fit, additional Margin in such form and the type of Supported Assets acceptable to Gate to meet the Margin Requirement; and
(c) exercising Gate’s right of netting and set-off under this Agreement and the User Agreement and combining all Gate Accounts against your obligations.
B.This clause applies in addition to Gate’s rights set out under clause 2.(5).
(7) No encumbrance or other dealings
You agree not to, without firstly obtaining written consent from Gate:
A.create any encumbrances in any forms or allow one to exist on the whole or any part of the Margin; or
B.attempt to dispose of (or agree to dispose of) or otherwise deal with any of the Margin.
(8) Gate’s rights in relation to the Margin
A.You agree that Gate may deal with the Margin in accordance with any applicable authority given by you in connection with this Agreement and/or the User Agreement.
B.In dealing with the Margin under this clause 2.(8) Gate will comply with the requirements and limits applicable under applicable laws, this Agreement and the User Agreement.
C.Even if (despite any other terms of the Agreement or the User Agreement) Gate is appointed as a custodian or agent or otherwise acts in any other fiduciary capacity for all or part of the Margin, Gate may upon the enforcement of its rights, sell, dispose of, realise, convert into any other currency or otherwise deal with the Margin as your agent or as mortgagee or pledgee, as Gate may at its discretion deem fit, without incurring any liability whatsoever or howsoever in respect of such fiduciary capacity.You agree to grant such and sufficient authority to Gate to enable it to perform its duties or obligations and/or exercise its rights under this clause 2.(8).C.This clause 2.(8).C operates as a deed.
D.Gate may in its absolute discretion agree to treat any Margin provided by you as meeting the Margin Requirement for more than one Digital Assets at any time.
E.Any security or collateral granted to or in favour of Gate continues until Gate has released it in writing.
F.You acknowledge that Gate may not provide and/or be able to account separately for any interest, distributions or other benefits arising in respect of amounts held in the Futures Account and you waive and relinquish in favour of Gate all claims for such interest, distributions or other benefits that may otherwise accrue with respect to any Supported Asset placed with Gate as Margin.
G.You by way of security irrevocably appoint Gate and any other person Gate nominates as your attorney to sign documents and take other action that Gate considers necessary to perfect and enforce any security (including dealing with any of the assets which are the subject of the security) and to exercise any of the rights conferred on Gate in relation to any security or under this Agreement or applicable statutory provisions.You agree to ratify anything Gate or any other person that Gate nominates does under this clause 2.(8).G.
(1) Applicable Fees
A.You agree to pay the Applicable Fees for the Futures Service, in addition to any other amounts payable under this Agreement.
B.Applicable Fees may vary between different clients, products and Orders and will depend on certain factors, such as trading volumes.A discount on the Applicable Fees may be available from time to time, subject to the satisfaction of certain criteria.All Applicable Fees shall be applied at both the entry into and the close-out of an Order, unless otherwise notified.
C.If you enter into a Perpetual Contracts through the Sites, then, currently every 8 hours (currently at 00:00 UTC, 08:00 UTC and 16:00 UTC (the “Funding Times”), you will either be required to pay or will be entitled to receive a Funding Fee.As Perpetual Contracts do not have a set expiry date and do not settle in the traditional sense, Funding Fees ensure that the price of the contract correlates with the prevailing spot price of the underlying instrument.In extreme market conditions, high Funding Fees can mean that it is costly to maintain a long-term position in the market.You will only be required to make, or entitled to receive, Funding Fees in respect of open positions you hold in Perpetual Contracts as at the Funding Times.If you do not have an open position at a Funding Time, you will not be liable for, or otherwise entitled to receive, any Funding Fees with respect to such Funding Time.Moreover, if you close your open positions prior to a Funding Time, you will not pay or receive any Funding Fees in relation to those positions.Please note that there might be a deviation in the actual Funding Times, and therefore a Funding Fee may still apply to your position even if you open or close your position immediately before or after the Funding Time (as the case may be).The deviation may occur for any reasons (whether or not beyond Gate’s control).Gate reserves the right to amend applicable Funding Fees and Funding Times from time to time in its discretion.
D.Gate reserves the right from time to time in its sole and absolute discretion and by notice to you to vary any of the Applicable Fees.The Applicable Fees may be quoted on request, posted on the Sites or individually notified via email or other modes of communication as Gate in its sole and absolute discretion may deem fit.It is your responsibility to ensure that you are aware of current Applicable Fees.Further information as to Applicable Fees is accessible via the following webpage, as updated from time to time and we recommend that you check with this webpage frequently and periodically.
E.All Applicable Fees are exclusive of any goods and services tax or any other applicable sales tax which shall be borne and separately charged to you.Gate shall be entitled at its sole and absolute discretion to charge interest on any amount due to Gate from you at such rate and calculated and/or compounded in such manner as Gate may impose and determine from time to time and to debit any Gate Account (including any Futures Account) in respect of the interest due and payable.
(2) Payments
A.The Applicable Fees together with other amounts owed from you to Gate may be settled by Gate at its sole and absolute discretion on the day they fall due by debiting your Gate Account (including your Futures Account) with the relevant amount payable by you.In the event that there are insufficient Digital Assets in your Gate Account (including your Futures Account), you acknowledge that any amount due and payable from you under this clause is a debt immediately due and owing by you to Gate.
B.Any payments under the Futures Services are made in the Supported Assets and do not involve any fiat currency.
C.Full and final settlement of a Futures Product is made at the time specified in the relevant product specifications for maturity of the Delivery Contract.
Note that for Perpetual Contracts, there is no maturity or expiry date.
D.If for any reason Gate cannot effect payment or repayment to you in a particular Digital Asset in which payment or repayment is due, Gate may effect payment or repayment in an equivalent amount of any other Digital Assets selected by Gate based on a rate of exchange solely determined by Gate, acting reasonably, in respect thereof at the relevant time.
(3) Set off
Without prejudice to any right of set-off under the User Agreement or applicable laws, you acknowledge and agree that Gate may set off all amounts of whatever nature, denominated in whatever Digital Asset or currency or otherwise and wherever arising which are due from you (or, where appropriate, from the relevant entity for whom you are acting) or to you (or, where appropriate, to the relevant entity for whom you are acting) in respect of the Futures Services and/or any other Services provided to you through the Sites or otherwise.You acknowledge and agree that you (or, where appropriate, the entity for whom you are acting) will not be entitled to exercise any right of set-off or counterclaim against amounts due to Gate.
(1) Trigger Event
A “Trigger Event” shall be deemed to occur if:
A.your Margin Balance with respect to your Futures Account falls below the applicable Margin Requirements as prescribed by Gate from time to time;
B.any representation, warranty, agreement or undertaking made by you to Gate (whether under or in connection with this Agreement, the User Agreement or otherwise) or any other material statement made by you in or in connection with the same is untrue, inaccurate, incomplete or misleading in any respect at the time when made by you or thereafter at any time becomes untrue, inaccurate, incomplete or misleading in any respect and you fail to inform Gate of the true position as soon as reasonably practicable;
C.you have failed to comply with or perform any of your obligations hereunder, whether in respect of your Futures Account, any Orders or otherwise, and/or you have failed to comply with or perform any obligation under the User Agreement or any other agreement with Gate relating to services provided by Gate to you (including without limitation your failure to make, when due, any payment or delivery required to be made by you under this Agreement, the User Agreement or otherwise);
D.you fail to promptly provide Gate with any documentation requested for the purposes of any:
(a) “know your customer” (KYC) checks, including, without limitation, documentation required for the purposes of verifying your identity, place of address, legal authority/capacity and client classification status; and/or
(b) credit checks, anti-money laundering requirements or any other internal assessments conducted by Gate and/or Gate determines that you have failed to successfully pass or otherwise satisfy any “know your customer” checks, credit checks, anti-money laundering requirements or any other internal assessments conducted by Gate;
E.(in the event that you are an individual), you become deceased, bankrupt or commence action (or have any action commenced against you) to place you into bankruptcy or personal insolvency or you are otherwise unable to pay your debts as and when they fall due;
F.(in the event that you are acting on behalf of a partnership) any of the partners thereof shall become deceased, bankrupt or commence action (or have any action commenced against them) to place them into bankruptcy or personal insolvency or are otherwise unable to pay their debts as and when they fall due or if any action is commenced to dissolve the partnership;
G.(in the event that you are acting on behalf of a corporation) the corporation shall be unable to pay its debts as and when they fall due, or an action is commenced to place the corporation in insolvency, judicial management, receivership, administrative management, or any similar or analogous proceedings;
H.any investigation, claim, action or proceeding of any nature is commenced against you (including, without limitation, investigation into suspected market abuse, manipulation or other criminal conduct), you have breached applicable laws or steps are taken by any person to enforce any security interest against you;
I.you convene a meeting of your creditors or propose or make any compromise or arrangement with or any assignment for the benefit of your creditors;
J.Gate has reasonable concerns in relation to your creditworthiness, financial status or verification of your identity (including, without limitation, any verification of your place of residence or place(s) from which you are accessing the Futures Services);
K.Gate determines in its sole and absolute discretion that you have acted in an abusive manner to any representative of Gate;
L.unless alternative arrangements have been made between you and Gate with reference to a specific absence by you, at any time Gate is not able to contact you within 24 hours using reasonable means and contact points known to Gate;
M.Gate forms the view, in good faith, that it should take action in order to preserve its rights or interests under any Gate Accounts or Futures Account or under its relationship with you;
N.Gate reasonably believes that any of the circumstances set out under clauses 4.(1).A to 4.(1).M above are likely to happen and Gate also reasonably believes that any action described in clause 4.2 below is necessary, desirable or expedient to protect its interests or the interests of Gate’s other clients; or
O.a credible allegation of fraud, misconduct, embezzlement, money laundering, insider trading, market manipulation or other material illegality, breach of regulation or impropriety is made against you (whether by Gate or a third party) or Gate otherwise reasonably believes that you have used the Futures Services with improper intent, which Gate, acting in good faith and a commercially reasonable manner, believes could reasonably result in reputational harm to Gate, compromise the integrity of the markets maintained by Gate and/or result in losses being sustained by other users.
(2) Our rights
A.Without prejudice to any other right of Gate hereunder or otherwise at law, in the event of a Trigger Event, Gate may (but is not obliged to) immediately or any time thereafter whilst your default of this Agreement is continuing, do any one or more of the following without prior notice:
(a) suspend (indefinitely or otherwise) cancel or terminate any Gate Account, Futures Account, any services provided to you and/or Gate’s broader relationship with you or prohibit you from opening any Gate Account and/or Futures Account and/or accelerate any and all of your liabilities to Gate (including any and all fees, interest, commission, and charges owed by you to Gate) so that they shall become immediately due and payable;
(b) unwind or reverse any Orders, freeze any or all amounts allocated to your Futures Account, and/or deduct any amounts allocated to your Futures Account;
(c) liquidate, accelerate, and/or close out any outstanding Orders (including any Orders which has yet to be settled on the date on which Gate terminates such Order) by determining its value in good faith and in its absolute discretion as of the date of such liquidation, acceleration or close-out as soon as practicable thereafter;
(d) at such times and manner as Gate may reasonably determine based on, but not limited to, market conditions and portfolio health, sell or otherwise transfer any Digital Assets or other property which Gate may hold for you or which has been transferred to Gate by you and apply the proceeds to the discharge of your obligations, subject to Gate’s rights to set-off and net amounts owed as between you and Gate as set out under this Agreement or otherwise under the User Agreement or applicable laws;
(e) vary the applicable Margin Requirement and/or liquidate or exercise its power to sell the Margin or part thereof at a price which Gate deems appropriate in the circumstances;
(f) apply any amounts of whatsoever nature standing to your credit against any amounts which you owe Gate (of whatsoever nature and howsoever arising, including any contingent amounts), or generally to exercise Gate’s rights of netting and set-off as set out under this Agreement or otherwise under the User Agreement or applicable laws;
(g) demand any shortfall after the application of clause 4.(2).A.(d) above from you, or hold any excess pending full settlement of any other of your obligations, or pay any excess to you by way of any methods deemed appropriate by Gate;
(h) restrict your ability to withdraw any Digital Assets from any Gate Account;
(i) do or omit to do anything which Gate reasonably believes to be necessary, desirable or expedient to protect Gate or its other clients; and/or
(j) exercise such other authority and powers that may have been conferred upon Gate by this Agreement and/or the User Agreement.
B.To the extent permitted under applicable laws, you will be responsible for the reasonable costs and expenses of collection of any unpaid deficiency in your Futures Account including, but not limited to, legal counsel’s fees incurred and payable or paid by Gate, and shall be responsible for any other reasonable costs and expenses incurred by Gate in exercising any of its rights under this clause 4 in relation to any Trigger Event.
(1) Acknowledgement
A.You acknowledge that futures trading with respect to Digital Assets is a highly speculative activity involving highly leveraged and rapidly fluctuating markets.You further understand and accept the significant risks associated with the use of Margin and leverage and have determined that the use of Margin and/or leverage is consistent with your investment objectives.Despite such risks, you acknowledge, understand and agree that you are willing and able to assume the financial risks and other hazards of futures trading with respect to Digital Assets and agree that you will in no manner hold Gate responsible for losses however incurred by you under or in connection with this Agreement, the User Agreement or otherwise.
B.You acknowledge that trading in Futures involves the potential for profit as well as the risk of losing substantially more than your initial deposit.You do not own or have any rights to the underlying instruments – which include Digital Assets and any rewards or yields generated from them.
C.In addition and without prejudice to any other right or remedy which Gate may have under this Agreement, the User Agreement, applicable laws or otherwise, so long as Gate acts in good faith, it shall not be liable to you in any respect for any loss suffered by you, including, without limitation, any loss resulting from default, insolvency or analogous proceedings of, or action or inaction by any intermediary (including wrongful or unlawful action or inaction) or howsoever otherwise suffered and/or incurred by you under or in connection with this Agreement and/or the User Agreement.Gate shall only be liable to you if Gate is proven to have been fraudulent or to have acted in wilful misconduct.
D.Without prejudice to the generality of the foregoing, Gate shall not in any event be liable to you for any indirect or consequential loss, or for any anticipated profits or punitive damages.
(2) Your representations and warranties
You represent, warrant, agree and undertake that:
A.you have full capacity and authority and have obtained (and will maintain) and are in compliance with all necessary authorisations, consents, licenses or approvals (whether under applicable laws or otherwise) required to:
(a) accept and agree to the terms of this Agreement;
(b) receive the Futures Services;
(c) to initiate any Orders;
(d) to open, maintain and/or continue to maintain a Futures Account with Gate; and
(e) to transfer Margin to Gate;
B.you have made your own independent decisions to accept the terms of this Agreement, open and maintain a Futures Account(s), to receive the Futures Services and to initiate or issue Orders from time to time and as to whether the Futures Services are suitable or appropriate for you or the entity for whom you are acting based on your own judgment and advice from advisers as you deem necessary.You are not relying on any communication (whether written or oral) from Gate as investment advice or as a recommendation to enter into any transactions in relation to the Futures Products or as an assurance or guarantee of any expected results of such transactions or any Orders;
C.you have read and understood all the terms and conditions set out in this Agreement and on relevant pages of the Sites and accept the conditions and limitations for each and every service available to you in connection with the Futures Services;
D.you are not an employee of any governmental or self-regulatory organization in any jurisdiction, including any exchange or member firm thereof, or engaged in the business of dealing (either as agent or principal), that prohibits you from establishing a relationship with Gate, in dealing in any of the Digital Assets traded in connection with your Futures Account, and you shall promptly notify Gate if you become so employed;
E.you do not reside in the Restricted Locations as per set out in User Agreement, or in any other jurisdictions in which Gate has restricted the offering of the Futures Services provided under this Agreement;
F.unless you specifically notify Gate and Gate agrees, no person other than you has any interest in your Futures Account or in connection with your use of our Futures Services;
G.except with the express written consent of Gate, and except for any security or encumbrance created hereunder, no person has or will have any security or other encumbrance over your Futures Account and/or any Digital Assets held in your Futures Account;
H.any Order placed or any other dealings with respect to your Futures Account is solely and exclusively based on your own judgment and after your own independent appraisal and investigation into the risk associated with such Orders and your own independent determination of the Order being specifically suitable for you based on your own assessment of your financial resources, ability and willingness to take relevant risks and financial objectives;
I.Gate shall not be under any duty or obligation to inquire into the purpose or propriety of any Order and shall be under no obligation to accept or execute any Order;
J.any person(s) empowered to act on your behalf have been duly authorized;
K.you have complied and shall comply with all applicable laws in all jurisdictions relevant to your Futures Account, any Orders or other service or facility provided or made available by Gate to you;
L.all information and/or documents provided by you or on your behalf to Gate in connection with the services contemplated under this Agreement are true, accurate, complete and not misleading in any and all respects, and nothing has been concealed from Gate which may have a material bearing on Gate’s decision to provide or continue to provide any of the services under this Agreement; and
M.you shall not knowingly or recklessly permit the use of Gate’s services, facilities or membership in a manner which is in the opinion of Gate likely to bring Gate into disrepute, impair the dignity or degrade the good name of any of the foregoing.You shall not knowingly or recklessly create or maintain or exacerbate manipulations (or attempted manipulations), corners (or attempted corners) or violations of any applicable laws (or arrangements, provisions or directions made or given thereunder), or otherwise act in a manner substantially detrimental to the interests or welfare of Gate or any of its other users.
The above representations, warranties, agreements and undertakings shall be deemed repeated whenever you give Orders to Gate, enter into any transactions in relation to the Futures Products or establish a Futures Account with Gate.
Each warranty and representation in this Agreement is construed independently and is not limited by reference to another warranty or representation.
You acknowledge and agree that Gate provides the Futures Service to you in reliance on the warranties, representations and undertakings provided hereof.
A.In addition and without prejudice to any other right or remedy of Gate under the applicable laws, the User Agreement or otherwise (but without duplication), you shall at all times indemnify, keep indemnified, and hold Gate and any of its directors, officers, employees, service providers, and agents harmless from and against any and all loss suffered or incurred by Gate which arises (whether directly or indirectly) out of, in the course of or in connection with:
(a) any breach of terms or any failure by you to comply with any provision of this Agreement or applicable Laws;
(b) Gate acting in accordance with your Orders or in any manner permitted under this Agreement and/or the User Agreement;
(c) any changes in any applicable laws that impact the provision of the Futures Services to you (or use thereof); and/or
(d) any act or thing done or caused to be done by Gate in connection with or referable to this Agreement, the User Agreement or your Futures Account.
B.You shall further indemnify, keep indemnified and hold harmless Gate and any of its directors, officers, employees, service providers, and agents for any and all expenses, costs and legal fees (on a full indemnity basis) incurred, including but not limited to expenses, costs and legal fees incurred for producing records, and information, or payment made (whether such payment is made or to be made in settlement of any proceedings or in connection with any ruling, judgment, order or award) by any of them in connection with any investigations or proceedings (whether legal, regulatory, arbitration or other proceedings).You shall provide any and all reasonable assistance to Gate in connection with such investigations or proceedings.
Apart from any risks disclosed in the User Agreement, on our Sites and through our communications to you from time to time in relation to Digital Assets and markets, the following risks are likely to be associated with the Futures Services and your transactions in Futures Products:
A.This Futures Service relates to Futures Products, which may involve leverage and are complex in nature.It is therefore important that you understand the risks associated with entering into Futures Products and using the Futures Service.
B.Leverage involves high levels of risk.Futures Products may involve a high-degree of leverage as you may not be required to post 100% of collateral as margin.That is, the amount you provide upfront to enter into a Future Product may be small when compared with the underlying value of the Future Product.Where a transaction is leveraged, you should note that small price movements in the underlying market will have a multiplying effect on your corresponding gain or loss.Losses may be substantial and may even exceed the amount of margin deposited by you and you will be liable to us for any shortfall between the Margin and the loss incurred and you may be called upon at short notice (which may be given orally) to provide additional Supported Assets.
C.Any failure to make up the shortfall within the time required by us may result in us liquidating your position without your consent, applying the proceeds of such liquidation to the shortfall and claiming the balance (if any) from you.This could result in substantial costs and losses, which you will need to bear.Other consequences may also flow under the Agreement.It is your responsibility to ensure that you have sufficient Margin in your Futures Account to support any outstanding long or short positions.You should therefore carefully consider whether such a trading arrangement is suitable in light of your own financial position and investment objectives.You must familiarise yourself with all the terms and conditions applicable to Margin and the Futures Service and seek independent advice if needed.
D.Margin is required and may need top-up.We require that you provide security assets to support your obligations under the Futures Service.In particular, you could be asked, at short notice, to provide additional Margin if the market moves unfavourably during the term of a particular transaction or if we change the Margin Requirements at our discretion at any time.Such additional Margin may be substantial in poor market conditions and in other circumstances.
E.Margin is at risk.The risk of loss in financing a transaction by providing Margin is significant.You may sustain losses in excess of the Margin held with us.Market conditions may make it impossible to execute contingent orders.You may also sustain a total loss of the initial and any additional Margin that you held with us to establish a position or maintain positions.
F.If the required Margin additions are not made within the prescribed time, your Margin may be liquidated, and other actions taken, without your consent.For example, we may be forced to close your position at a loss.Moreover, you will remain liable for any resulting deficit in your Futures Account.
G.Price may be volatile.The price of the Supported Assets may be influenced by many market factors.This may cause the price to fluctuate upwards or downwards.For this reason, instruments such as Futures Products can be speculative and highly volatile.It is important that you understand the nature of these products and these risks before making a decision to use the Futures Service.
H.Counterparty risk.You are exposed to the credit risk of the counterparty to any Futures Product you have entered into.If the counterparty is not able to make a payment or becomes insolvent, you may lose some or all of your initial amount.This is despite the Insurance Fund or any other scheme that Gate may utilise in the event of Forced Liquidation.
I.Trust in the underlying Digital Assets.The underlying Digital Assets to the Futures Products only exist virtually and there is no physical equivalent.Establishing a value for the underlying Digital Assets is or may become difficult as the value depends on the expectation and trust that the underlying has a future use.Among others, persistent high volatility, changes and advances in technology, fraud, theft and cyber-attacks and regulatory changes may prevent the establishment of the underlying for future use and potentially rendering the underlying worthless.
J.No access or rights to underlying Digital Assets.When you enter into a transaction in relation to Futures Product, it is not the same as buying the underlying Digital Assets.You do not have direct access or any rights to the underlying Digital Assets that compose the Futures Product or the private keys that grant access to such underlying Digital Assets.Further, there is no principal protection.
K.No expiry date for the Perpetual Contracts.Our Futures Service involves the offer of such product (Perpetual Contracts) that have no expiry date.Such futures products can be held or traded for an indefinite period of time, and payments will continue to be made to, or deducted from you, in relation to a Future Product as long as it is held.
L.Each Futures Product varies.It is important you understand the precise terms and conditions associated with the specific Futures Product, in addition to general terms and conditions that apply to the Futures Service.Please ensure you read and understand the specific specifications associated with the Futures Product before entering into a transaction.
M.Termination risk.We may terminate the Futures Product in accordance with the provisions as set out in this Agreement.Such early termination may result in loss.
N.Other risks.Other risks inherent in the use of Futures Services include but are not limited to:
(a) the limitation of your (or even any person’s) ability to predict correctly how particular reference assets will change in value and the impact on a Future Product.This may also require skills that are different to purchasing reference assets on a spot basis.You must carefully assess your own ability to initiate any Orders or enter into any transactions under the Futures Services;
(b) your obligations in respect of Futures Products may not be the same as those in respect of trading the relevant underlying assets, including regulatory, tax, accounting and reporting requirements.As with any Order, you alone are responsible for assessing your obligations associated with entering into Futures Product transactions and seeking such professional advice as needed before you trade;
(c) your inability to exit or close an existing position, which requires that you take an opposite position.Market conditions may mean that there may be limitations on your ability to enter into a new position or react to price movements;
(d) a potential lack of, low or imperfect correlation between the price of a Futures Product and the price of a reference asset; and
(e) risks that may be caused or exacerbated by any related leverage, other transactions or other dependencies.
A.All conversions between Supported Assets for the purpose of satisfying any obligation under this Agreement will be done on a spot basis at the prevailing market rate unless otherwise stated.
B.Gate may in its sole and absolute discretion translate this Agreement into a language other than the English language.You agree that any such translation shall be for your convenience and reference only and the English text shall prevail in the event of any ambiguity, discrepancy or omission as between the English text and any translated text.
C.Gate reserves the right to alter, revise, modify, and/or amend this Agreement at any time in its discretion.Any such amendments will take effect immediately upon being published on the Sites.It is your responsibility to regularly check relevant pages on the Sites to confirm the latest version of this Agreement.Your continued access and use of the Sites and the Futures Services following any amendments to this Agreement shall constitute your acceptance of such amendments.If you do not agree to any such amendments, you should immediately terminate your usage of Futures Services and cease access to your Futures Account.
D.Gate shall not be liable for any inaccuracy, error, failure, delay in, or omission of (i) any information, (ii) the transmission or delivery of information, or (iii) carrying out its obligations under this Agreement, including any loss arising from system delays, matching engine errors, trading engine malfunction, order execution delays, API disruptions, system outages, maintenance, or temporary suspension of the Sites or Futures Services, and any loss or damage in any and all cases arising from any event beyond Gate’s reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, terrorist attacks, market failure or disruption, telecommunications or network breakdown or disruption, communications, power failure, attacks on the security, integrity or operation of the Future Products, the Future Services and/or the Futures Accounts, or equipment or software malfunction or any other cause beyond Gate’s reasonable control.Gate does not guarantee continuous, uninterrupted or secure access to the Futures Services or the Sites.
E.Gate shall not be responsible for any loss arising from the use of any index price, mark price, oracle price, reference price or other pricing data used in connection with the Futures Products or Futures Services.Such pricing information may be obtained from third-party sources and may be subject to delay, error, inaccuracy or manipulation.Gate shall not be liable for any losses resulting from reliance on such pricing information.