Terms and Conditions

  1. Scope
    1. These Terms of Use are an agreement between you and Bullish (GI) Limited (a company incorporated in Gibraltar) or, if you are resident or in the case of legal entities, formed and/or operating,  in Hong Kong S.A.R, Bullish (GI) Limited, Hong Kong Branch (a registered foreign company in Hong Kong S.A.R)  (in each case, “Bullish”) and its affiliates (“we,” “us,” or “our”). They govern your access to and use of this website (URL: www.bullish.com) and its subdomains, other than the subdomain for the Bullish exchange, (collectively, the “Websites”), any information, documents, text, graphics, images, photos, or other content uploaded to, downloaded from, or appearing on the Websites (collectively, the “Materials”), and any products, software, hardware authentication device, services, accounts, data feeds and tools provided by us or requested by you through the Websites (whether operated by us or otherwise, but excluding for the avoidance of doubt the Bullish exchange) (collectively, the “Services”). 
    2. By accessing or using the Services (including your access to and use of the Websites), you agree that you have read, understood and agree to be bound by these Terms of Use (including the Warning Statement which sets out risks associated with using the Websites, Materials and Services), Privacy Notice, Cookie Notice and such other policies that we adopt and publish on the Websites from time to time, each of which are expressly incorporated herein by reference (which collectively constitute the “Terms”).  Your access and use of the Services and Websites are conditioned on your acceptance of and compliance with these Terms and applicable laws and regulations to which you are subject. If you do not agree, accept or comply with these Terms, you must not access the Websites or utilize any of the Services.
  2. Eligibility
    1. By accessing the Websites, you represent and warrant that: (i) as an individual, you are at least 18 years old or are of legal age to form a binding contract under applicable laws; (ii) you have full legal capacity and all necessary authorizations to enter into these Terms; (iii) you have not been previously suspended or removed from accessing or using our Websites or Services; (iv) you are not, nor are you acting on behalf of, a user from any jurisdiction: (a) whose laws would prohibit your use of the Websites or Services or (b) which is subject to sanctions administered or imposed by any national or international authorities. 
    2. If you are an employee or agent of a legal entity and enter into these Terms on their behalf in viewing the Websites and the Services, you represent and warrant that (i) such legal entity is duly organized and validly existing under applicable laws of the jurisdiction of its organization and (ii) you have all the necessary rights and authorizations to bind such legal entity to these Terms. 
    3. You are responsible for your use of the Websites and Services, including compliance with applicable laws. You further represent and warrant that your use of the Websites or Services will not violate any and all laws and regulations applicable to you. 
    4. We reserve the right in our absolute discretion to (i) limit the access and use of the Services to a specified number of persons, (ii) refuse to allow a user from creating an account and using the Services, and/or (iii) suspend or exclude any person from using the Services for any reason whatsoever. We may use geo-blocking and/or any other technology to prevent access to the Websites and Services by citizens and residents of and/or persons located in certain jurisdictions from time to time. 
    5. In particular, the Websites and Services are not offered to, or intended to be used by, any person or entity that is the subject of sanctions administered or enforced by any country or government or otherwise designated on any list of prohibited or restricted parties (including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government, the European Union or its Member States, or other applicable government authority) or organised or resident in a country or territory that is the subject of country-wide or territory-wide sanctions. You represent and warrant that neither you nor any party with a direct or indirect beneficial interest in you or on whose behalf you are acting as agent or nominee is such a person or entity and, if applicable, you will comply with all applicable import, re-import, sanctions, anti-boycott, export, re-export and exchange control laws and regulations. If this is not accurate or you do not agree, then you must immediately cease accessing our Websites and Services.
    6. You agree to provide such information and documentation proving your compliance with the eligibility requirements described above if required or requested by us at any time for the purposes of ascertaining your eligibility to access and use our Services.
  3. Availability of the Websites and Services
    1. We do not guarantee that the Websites and Services will always be available or uninterrupted. From time to time we may decide to discontinue, temporarily suspend, restrict or block access to, or use of, all or part of the Websites and Services without notice and reserve the right to do so for any reason in our sole and absolute discretion. 
    2. We also reserve the right, for any reason in our sole and absolute discretion and without notice, to: (i) disable, block or restrict any access or use of our Websites and Services by any individuals or entities; (ii) choose the markets and jurisdictions in which to make the Websites and Services available for access and use, which means that we may restrict or refuse access to the Websites or use of the Services in certain countries or regions; (iii) withdraw, discontinue, suspend (whether temporarily or permanently), modify and/or amend all or any features of the Websites and Services; (iv) remove any Materials from the Websites, correct any errors, inaccuracies, or omissions in any Materials on the Websites, change or update any Materials on the Websites; and (v) deny access of any user to all or any part of the Services at any time. 
    3. You agree that we will not be liable to you or to any third party for any losses or damages which you, or any third party, may suffer or incur as a result of us exercising our rights and taking any of the actions described in this section of the Terms.
  4. Data Privacy & Cookies
    1. We are committed to protecting the privacy of your personal data.  Please review our Privacy Notice for details about how we collect, use, store, and disclose your personal data in connection with your access and use of the Websites and Services.  You will find details on how to contact us with questions or exercise your privacy rights in our Privacy Notice.
    2. We use certain strictly necessary cookies to make the Websites and Services function properly. We may also use optional cookies, such as to remember your preferences or to better understand the performance of our Website and Services, but we only use these optional cookies with your consent. For more information about how we use cookies, or to update your cookie preferences, please read our Cookie Notice or visit our Cookie Preference Center.
  5. Intellectual Property
    1. We are the owners or licensees of all intellectual property rights in the Websites, Materials and Services. The Websites, Materials and Services are protected by copyright, trademark, and other intellectual property rights and laws of applicable countries.  Except as specified in these Terms, all such rights are reserved. You agree to abide by all applicable intellectual property rights and laws, as well as any trademark or copyright notices or restrictions contained in the Terms. The trademarks, service marks, slogans, logos, trade dress and other identifiers displayed in the Materials are our property or the property of our licensors, except as otherwise disclosed.  
    2. You are prohibited from modifying, copying, displaying, distributing, transmitting, publishing, selling, licensing, creating derivative works from, or using any portions of the Websites, Materials and/or Services for commercial or public purposes without our express authorization or as expressly permitted by applicable intellectual property law. You may not copy any material from the Websites, Materials or Services without our express prior written authorization and subject to our copyright notice being affixed to the copied material or as expressly permitted by applicable copyright law.  Nothing contained herein shall be construed as conferring (whether by implication, estoppel, or otherwise) any license or right under any of our patent, trademark, copyright or other proprietary rights for any purpose not expressly set out in these Terms.
    3. Except as otherwise indicated elsewhere on the Websites, you may view, download and print the Materials available on the Websites subject to the following conditions:

      (a) Materials must be used solely for personal, informational, internal, non-commercial purposes.

      (b) The Materials must not be modified or altered in any way.

      (c) The Materials on the Websites must not be distributed.

      (d) You must not remove any copyright or other proprietary notices contained in the Materials.

      (e) We reserve the right to revoke the authorization to view, download, and print the Materials available on the Websites at any time, and any such use shall be discontinued immediately upon written notice from us.

      (f) The rights granted to you constitute a non-exclusive license and not a transfer of title

    4. The rights specified above to view, download and print the Materials available on the Websites are not applicable to the design or layout of the Websites.  Elements of the Websites and Services are protected by intellectual property laws and other laws and may not be copied or imitated in whole or in part.
    5. The licences granted to you by us in the above paragraphs shall automatically be revoked and terminated if you do not comply with these Terms or if we suspend, restrict or terminate your access to and/or use of the Websites and Services at any time for whatever reason.
  1. Third-Party Resources
    1. We may display information, links and other material on our Websites relating to third-party products, services or other resources (collectively, the “Third-Party Resources”) for your convenience only. We are not responsible for any Third-Party Resources and all material about them is provided on an “as-is” and “as available” basis. Any copyright or other intellectual property rights in the Third-Party Resources remain the property of their respective authors and owners.  The inclusion of any material does not constitute approval, endorsement or recommendation by us of any Third-Party Resource or any third party, and we disclaim all responsibility and liability for any losses or damages which arise in connection with your access and/or use of any Third-Party Resources. We have no control over the contents of Third Party Resources. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any Third Party Resource. We will not be liable for any damages that you may suffer in connection with any Third-Party Resource, including without limitation in connection with accessing, relying on, downloading, installing, using, modifying or distributing any Third-Party Resource. No information obtained by you from our Websites or through the use of our Services shall create any warranty, representation, guarantee or undertaking in respect of any Third-Party Resource. We make no representation, warranty, guarantee or undertaking of any kind in respect of any Third-Party Resource, including without limitation as to the effectiveness, security, functionality, operation, reliability, quality, accuracy, validity, legality or intellectual property rights compliance of any Third-Party Resource. Your use of or interactions with any Third-Party Resource, and any third party that provides any Third-Party Resource, are solely between you and such third parties and shall be governed by such licenses and terms of use as specified by such third parties, and we are not responsible or liable in any manner for such use or interactions.
    2. Third-Party Resources may be updated, changed, disabled or removed at any time, and any material provided on our Websites may be or become out of date or inaccurate.  We make no representation or warranty as to the accuracy, completeness, reliability, merchantability, or fitness for a particular purpose of Third-Party Resources provided on our Websites nor any commitment to update or correct such materials.  USAGE OF AND RELIANCE ON ANY THIRD-PARTY RESOURCES ARE ENTIRELY AT YOUR OWN RISK.
    3. Without prejudice to the foregoing, our Services may contain or require the use of third-party services or technologies (“Third-Party Services”), which may be licensed or made available to you for use under separate agreements with third parties. You are responsible for complying and/or non- compliance with any terms and conditions of such Third-Party Services or as required or specified by us. The third-party provider or owner of such Third-Party Services retains the rights, ownership and title in and to such Third-Party Services.
  2. User Content
    1. If you post, upload, input, provide or submit any text, information, materials, images, code, data (including, without limitation, any personal data such as your name, email address, IP address, cryptocurrency address), or other content (whether via the Websites, Services or otherwise) (collectively, your “User Content”), you must ensure that the User Content is true, accurate, up to date, complete, and does not breach or infringe the intellectual property rights of any third party.  We do not own, control or endorse any User Content that is uploaded, submitted, inputted, transmitted, stored or processed via the Websites, Services or otherwise sent to us. You are solely responsible and liable for all of your User Content and for your use of any interactive features, links or information or content on the Websites, and you represent and warrant that (i) you own all intellectual property rights (or have obtained all necessary permissions) to provide your User Content and to grant the licenses in these Terms; (ii) your User Content will not violate any agreements or confidentiality obligations; and (iii) your User Content will not violate, infringe or misappropriate any intellectual property right or other proprietary right, including the right of publicity or privacy, of any person or entity.
    2. Any User Content that is uploaded, submitted, inputted, transmitted, stored or processed via the Websites, Services or otherwise sent to us shall be considered non-confidential. By posting, uploading, inputting, providing or submitting your User Content to us, you grant us and any necessary sub-licensees a non-exclusive, worldwide, perpetual, irrevocable and royalty-free licence, right and permission to use, reproduce, copy, edit, modify, translate, reformat, create derivative works from, distribute, transmit, publicly perform and publicly display your User Content and sub-license such rights to others.
    3. Although we have no obligation to screen, edit or monitor User Content, we reserve the right and have absolute discretion, to remove, screen or edit User Content and activities in your account.  
    4. If you decide to submit feedback to us – whether that be questions, comments, suggestions, ideas, original or creative materials or other information, you do so on your own accord and not based on any request or solicitation from us.  You agree that feedback does not constitute or include your User Content. We reserve the right to use feedback for any purpose at no charge and without compensation to you. Do not send us feedback if you expect to be paid or want to continue to own or claim rights to your feedback.  If you decide to send us feedback, you acknowledge and understand that we make no assurances that your feedback will be treated as confidential or proprietary.
  3. Prohibited Communications
    1. You are prohibited from using the Websites and/or Services to post or transmit any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, any material that is contrary to applicable local, federal, or international laws and regulations, any material that could constitute or encourage unlawful conduct, or any content or materials that we reasonably deem as inappropriate or offensive.
    2. We may from time to time monitor or review material transmitted, stored or processed via the Websites or Services or sent to us, and we reserve the right to delete any material that we deem inappropriate. We are under no obligation to do so and assume no responsibility or liability arising from any material transmitted or posted using the Websites and/or Services.
  4. Warranties and Disclaimers; Limitation of Liability
    1. Except as expressly provided otherwise in a written agreement between you and us, all Services, including the Websites and Materials, are provided “as is” and “as available” without warranty or condition of any kind, either express or implied, including, but not limited to, the implied terms of satisfactory quality, merchantability or fitness for a particular purpose. 
    2. Without limiting the foregoing, we make no warranty, representation or condition that: (i) the Services and Materials will meet your requirements, (ii) the Services and Materials will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services or Materials will be effective, accurate or reliable, and (iv) the quality of any Services or Materials provided to or obtained by you from the Websites will meet your expectations.  Some states or jurisdictions do not allow the exclusion of implied terms or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible under applicable law, any implied warranties which cannot be excluded are limited to ninety (90) days.
    3. In no event shall we be liable to you or any third party, in contract, tort (including negligence), statutory duty or otherwise for any special, punitive, incidental, indirect or consequential damages of any kind, including, without limitation, those resulting from loss of use, data or profits, whether or not we have been advised of the possibility of such losses or damages arising out of or in connection with the access or use of the Websites, Services and/or Third-Party Resources.  Save to the extent prohibited under applicable law, in no event will our cumulative liability to you, whether in contract, tort (including negligence), or otherwise, exceed the greater of (i) the aggregate amount you paid to us to access or use the Services in the most recent three-month period, if applicable; or (ii) $50. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.
    4. The use of the Services is done at your own discretion and risk and in some instances, may be subject to further applicable laws and regulations in your place of residence. You are strongly advised to seek independent legal or professional advice if you are in any doubt. We may not be able to make available all Services to you and where all or some Services are made available, we reserve the right to withdraw or terminate the availability of such Services to you at any time.  No information, whether oral or written, obtained by you from us or through or from the Websites shall create any warranty that is not expressly stated in these Terms.
    5. To the fullest extent permitted by applicable law, you release us and our directors, officers, agents, representatives, co-branders or other partners, and employees from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. 
  5. Indemnification
    1. You agree to indemnify, defend, and hold us, and our directors, officers, agents, representatives, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your conduct in connection with the Websites or Services, your use of the Services, your violation of these Terms, or your violation of any rights of another person or entity. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.
  6. Acceptable Use Policy
    1. You must only use the Websites, Materials and/or Services for their stated purpose. You must not use the Websites, Materials or Services to:

      (a) interfere or violate the legal rights (such as rights of privacy and publicity) of others or violate others’ use or enjoyment of the Websites, Materials or Services;

      (b) engage in or promote any activity that violates these Terms or any applicable laws, rules, codes, guidelines, directives or regulations issued by any governmental or regulatory body;

      (c) attempt to do anything that does or could interfere with, disrupt, negatively affect or inhibit other users from accessing and/or using the Services, Websites or Materials or that could damage, disable, overburden or impair the functioning of the Websites or our servers or any equipment or networks connected to any of our servers in any manner;

      (d) create a false identity for the purpose of misleading others or fraudulently or otherwise misrepresent yourself to be another person or a representative of another entity including, but not limited to, an authorized user of the Websites or our representatives, or fraudulently or otherwise misrepresent that you have an affiliation with a person, entity or group;

      (e) mislead or deceive us, our representatives and any third parties who may rely on the information provided by you, by providing inaccurate or false information, which includes omissions of information;

      (f) disguise the origin of any material transmitted through the Services available via the Websites (whether by forging message/packet headers or otherwise manipulating normal identification information);

      (g) violate, infringe or misappropriate any intellectual or industrial property rights of any person (such as copyright, trademarks, patents, or trade secrets, or other proprietary rights of any party) or commit a tort;

      (h) upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, malware or any other similar software or programs that may damage the operation of another’s computer or property;

      (i) access any content, area or functionality of the Websites that you are prohibited or restricted from accessing or attempt to bypass or circumvent measures employed to prevent or limit your access to any content, area or functionality of the Websites;

      (j) obtain unauthorised access to or interfere with the performance of the servers which host the Websites or provide the Services or any servers on any associated networks or otherwise fail to comply with any policies or procedures relating to the use of those servers;

      (k) attempt to gain unauthorized access to any services or products, other accounts, computer systems, or networks connected to any of our servers through hacking, password mining, or any other means;

      (l) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Websites or the Services;

      (m) harvest or otherwise collect, whether aggregated or otherwise, data about others including email addresses and/or distribute or sell such data in any manner;

      (n) use any part of the Websites, Materials or Services other than for their intended purpose; 

      (p) use any data, analysis or information provided to you for commercial purposes; or

      (q) use the Services for market manipulation or other market abuse activities whether or not prohibited by law.

    2. Where you are subject to prohibitions or restrictions by law or otherwise to access or use the Websites or the Services, you may not access the Websites or use any Services utilizing any virtual private network, proxy service or any other third party service, network, or product with the effect of disguising your own or imitating another’s IP address or location, or otherwise use any method in circumventing any technology used by the operator of the Websites for the purposes of such prohibitions or restrictions, or any technology used by us to observe such prohibitions or restrictions, or access the Websites or use any Services using any digital token address in or subject to the jurisdiction of any country or region in which access to the Websites or use of any Services is sanctioned by local laws and/or regulations.
  7. No Financial Services Activities or Advice
    1. Unless indicated otherwise in the Terms, we are not licensed in your jurisdiction and we do not promote or market cryptocurrencies or the Services in your jurisdiction. The distribution of Materials may also be restricted by law, and any person into whose possession such Materials come should inform themselves about and observe any applicable restrictions.
    2. Virtual assets and cryptocurrencies are high risk products and are, in some cases, unregulated by any governing bodies (meaning that you may not benefit from regulatory protections with respect to them). Activities relating to them may also be subject to legal or regulatory restrictions or requirements in different jurisdictions, failure to comply with which may result in your personal liability or the imposition of fines. Therefore, you should check the position in your jurisdiction and seek professional advice if you are unsure.  Neither any of our group companies nor any of its directors, officers, or employees makes any warranty or representation as to the appropriateness of virtual assets or cryptocurrencies as an investment or to the availability and/or liquidity of the same in your jurisdiction. You should consult your professional advisor in your jurisdiction before making any decision to invest, or otherwise deal, in virtual assets or cryptocurrencies and you acknowledge and agree you do so at your own risk.
    3. Our agents, advisors, directors, officers, employees and shareholders make no representation or warranties, expressed or implied, as to the accuracy, completeness or reliability of any Materials contained on the Websites.
    4. The Materials on the Websites are not and should not be construed as an advertisement, recommendation, solicitation or offer to sell, purchase or subscribe for any virtual assets, cryptocurrencies, products and/or services offered by us.  Any market information provided within the Materials is subject to change and is obtained from sources believed to be reliable but neither the information, nor its source, have been verified. No guarantee, representation or warranty is made as to its accuracy or completeness. Neither we nor its directors, officers or employees are responsible for, have any control over or endorse any market information published within the Materials, and all such market information is attributable to its source. Any information on prices or levels are indicative only and are subject to change at any time. Make sure you always access the most current information before making any decision to access any products and/or the Services.
    5. Unless otherwise required by applicable law, in no event shall we or any of our affiliates, agents, advisors, directors, officers, or employees and shareholders be liable for any damages (direct or indirect) of any kind, under any theory of liability (including tort, contract, statute, or equity), including, but not limited to, loss of use, loss of profits, or loss of data or any other losses (financial or otherwise) arising out of or in any way connected with the Websites, Materials and/or Services, or arising out of omissions from the information in the Websites or Materials, or resulting from the use of the information therein by you or any of your representatives. We reserve the right to amend or replace the information contained in the Websites, in part or in its entirety, at any time, and undertakes no obligation to provide you with access to the amended information or to notify you thereof.
    6. Virtual assets and cryptocurrencies are high risk products and are, in some cases, unregulated by any governing bodies (meaning that you may not benefit from regulatory protections with respect to them). Activities relating to them may also be subject to legal or regulatory restrictions or requirements in different jurisdictions, failure to comply with which may result in your personal liability or the imposition of fines. Therefore, you should check the position in your jurisdiction and seek professional advice if you are unsure.  Neither any of our group companies nor any of its directors, officers, or employees makes any warranty or representation as to the appropriateness of virtual assets or cryptocurrencies as an investment or to the availability and/or liquidity of the same in your jurisdiction. You should consult your professional advisor in your jurisdiction before making any decision to invest, or otherwise deal, in virtual assets or cryptocurrencies and you acknowledge and agree you do so at your own risk.
    7. Our agents, advisors, directors, officers, employees and shareholders make no representation or warranties, expressed or implied, as to the accuracy, completeness or reliability of any Materials contained on the Websites.
    8. The Materials on the Websites are not and should not be construed as an advertisement, recommendation, solicitation or offer to sell, purchase or subscribe for any virtual assets, cryptocurrencies, products and/or services offered by us.  Any market information provided within the Materials is subject to change and is obtained from sources believed to be reliable but neither the information, nor its source, have been verified. No guarantee, representation or warranty is made as to its accuracy or completeness. Neither we nor its directors, officers or employees are responsible for, have any control over or endorse any market information published within the Materials, and all such market information is attributable to its source. Any information on prices or levels are indicative only and are subject to change at any time. Make sure you always access the most current information before making any decision to access any products and/or the Services.
    9. Unless otherwise required by applicable law, in no event shall we or any of our affiliates, agents, advisors, directors, officers, or employees and shareholders be liable for any damages (direct or indirect) of any kind, under any theory of liability (including tort, contract, statute, or equity), including, but not limited to, loss of use, loss of profits, or loss of data or any other losses (financial or otherwise) arising out of or in any way connected with the Websites, Materials and/or Services, or arising out of omissions from the information in the Websites or Materials, or resulting from the use of the information therein by you or any of your representatives. We reserve the right to amend or replace the information contained in the Websites, in part or in its entirety, at any time, and undertakes no obligation to provide you with access to the amended information or to notify you thereof.
    10. Additional jurisdiction-specific information:

      People’s Republic of China (“PRC”): The information provided in the Websites  relating to the relevant product or services has not been, and will not be, submitted to or approved/verified by or registered with relevant governmental and regulatory authorities in the PRC pursuant to relevant laws and regulations and thus may not be supplied to the public in the PRC or used in connection with any offer for the subscription or sale of such product or services in the PRC. The Websites, along with the relevant product or services provided, are not purported to be offered to or made available to residents in the PRC (excluding Hong Kong S.A.R, Macau S.A.R and Taiwan). PRC investors are responsible for informing themselves about and observing all legal and regulatory restrictions, obtaining all relevant regulatory approvals/licences, verification and/or registrations, and complying with all relevant laws and regulations.

      France: Bullish does not hold the relevant licences and authorisations for providing the services referred to in the Websites in France and, in particular, it is not authorised as a provider of services on digital assets.  We are not providing any advice or recommendation to potential subscribers for digital assets and nothing in here should be read or relied upon as such.