1.    Introduction

These Dual Investment Terms of Use (“Dual Investment Terms”) govern your participation in the Dual Investment Service (“Service”) offered by BloFin.com (“BloFin”, “we”, “us”, “the Platform”). By using the Service, you have read, understood, and agree to be legally bound by these Dual Investment Terms, including any revisions as may be published by us at any time and from time to time.

You acknowledge that you have also read and understood any additional documents or terms referred to or incorporated into these Dual Investment Terms. If you do not understand and accept these Dual Investment Terms in their entirety, you should cease to use the Service.

These Dual Investment Terms are supplemental to and shall be read together with our Terms of Use (the “Terms of Use”). All terms and clauses contained in the Terms of Use are incorporated by reference unless expressed otherwise. In the event of any conflict or inconsistency between these terms, the order of precedence shall be first the Dual Investment Terms, and then the Terms of Use.

By accepting these Dual Investment Terms, you hereby expressly, unconditionally and irrevocably; (a) confirm that you understand, accept and assume full responsibility for participating in Dual Investment together with any and all associated risks with your Subscription to a Dual Investment, including without limitation the risks described in the risk factor statement, and (b) acknowledge that you have carefully assessed and determined that the Dual Investment Services are appropriate for you.

2.    Overview

2.1.    The Service is a non-principal-guaranteed structured investment service provided by the us. It allows eligible users (“Users” or “you”) to subscribe to investment options that enable buying a cryptocurrency at a lower target price (“Buy Low”) or selling at a higher target price (“Sell High”), while earning a fixed Annual Percentage Rate (APR) yield regardless of whether the target price is met. The Service involves pairing a deposit currency (e.g., a stablecoin like USDT) with a target cryptocurrency (e.g., BTC, ETH).

2.2.    This Service is not a deposit, savings account, or guaranteed investment. It is subject to market risks, and we do not guarantee principal protection or any specific returns beyond the calculated yield. Subscriptions are locked until the settlement date, and early withdrawal is not permitted.

3.    Eligibility and Subscription

3.1.    To subscribe, you must:

a)    Reside in a jurisdiction where the Service is permitted (e.g., not restricted by local laws).

b)    Meet any minimum age (e.g., 18 years) and other eligibility criteria as specified in the User Agreements.

c)    Have sufficient funds in your earn account in the deposit currency.

3.2.    You must also accept and confirm the following on the Platform:-

a)    the Target Price;

b)     the Alternative Currency;

c)    the Deposit Currency;

d)    the amount of Digital Assets denominated in the Deposit Currency that you are Subscribing to the Dual Investment;

e)    whether the Dual Investment is a (i) Buy Low Dual Investment, or (ii) Sell High Dual Investment;

f)    the Subscription Date;

g)    the Subscription Period;

h)    the Settlement Date; and

i)    the Dual Investment Rewards.

3.3.    The APR is fixed at subscription and displayed upfront (e.g., ranging from 3% to over 200% based on market conditions, pair, and duration).

3.4.    Subscriptions are first-come, first-served and may have limited availability. Once subscribed, parameters (target price, APR, settlement date) cannot be changed.

3.5.    Minimum subscription amounts apply (e.g., equivalent to 10 USDT), as displayed on the Service page.

3.6.    After you have Subscribed to a Dual Investment, you will not be permitted to withdraw or otherwise deal with your Subscribe for a Dual Investment (“Subscribed DI Assets”) or any Dual Investment Rewards (“DI Rewards”) until the Settlement Date.

3.7.    Digital Assets that you agree to Subscribe to a Dual Investment will be treated as received when you accept and agree to the Subscription, provided that BloFin reserves the right, at any time and from time to time in its sole discretion and without prior notice, to:

a)    specify a minimum or maximum amount of Digital Assets required to Subscribe to; or
b)    specify, introduce, alter or revoke Subscription Limits that may apply from time to time.

4.    How the Service Works

4.1.    By Subscribing to the Services, you are agreeing to buy or sell a specified Digital Asset on the Settlement Date at the Target Price that you have selected. Your obligation to buy or sell the specified Digital Asset under the Services is subject to and conditional upon the Target Price being Reached. If the Target Price is not Reached as at the Settlement Date, you will have no obligation to buy or sell the specified Digital Assets. In other words, if the Settlement Price is higher than the Target Price in the case of a Buy Low Dual Investment or is lower than the Target Price in the case of a Sell High Dual Investment, you will have no obligation to buy or sell the specified Digital Assets on the Settlement Date.

4.2.    Digital Assets used to Subscribed DI Assets and Digital Assets comprise the DI Rewards will not be segregated from the Digital Assets belonging to other users. Subscribed DI Assets and DI Rewards may be commingled in hot wallets and cold wallets with Digital Assets belonging to us and our clients globally.

4.3.    You will earn DI Rewards on your Subscribed DI Assets for the duration of the Subscription Period. Your Subscribed DI Assets and all DI Rewards will be credited to your BloFin Account either in the Deposit Currency or the Alternative Currency (as the case may be) on the Settlement Date in accordance with these Dual Investment Terms and as explained below.

4.4.    The DI Rewards will be calculated based on the applicable APR communicated on the Platform and will begin to accrue in respect of Subscribed DI Assets on the day your Digital Assets are Subscribed to a Dual Investment.

4.5.    By Subscribing to a Dual Investment, you agree that on the Settlement Date:

a)    if the Target Price is Reached:

i)    your Subscribed DI Assets will be automatically exchanged for Digital Assets in the Alternative Currency at the Target Price; and
ii)    all DI Rewards that have been accrued to you will be automatically exchanged for Digital Assets in the Alternative Currency at the Target Price and credited to your BloFin Account; or

b)    if the Target Price is not Reached:

i)    you will retain the Subscribed DI Assets, in the Deposit Currency; and
ii)    all DI Rewards that have been accrued to you will be credited to your BloFin Account in the Deposit Currency.

4.6.    Settlement Outcomes:

a)    Buy Low (Aim to buy the target crypto at a lower price):
i)    If Settlement Price ≤ Target Price: Settled in target crypto = (Subscription Amount + Yield) / Target Price.
ii)    If Settlement Price > Target Price: Settled in deposit currency = Subscription Amount + Yield.

b)    Sell High (Aim to sell the deposit currency for target crypto at a higher price):

i)    If Settlement Price ≥ Target Price: Settled in deposit currency = (Subscription Amount + Yield) × Target Price.
ii)    If Settlement Price < Target Price: Settled in target crypto = Subscription Amount + Yield.

5.    Fees

5.1.    No subscription or management fees apply to this Service. However, standard Platform fees (e.g., withdrawal fees, network fees for on-chain transfers) may apply upon settlement or transfer of funds.

5.2.    The Platform reserves the right to introduce or modify fees with prior notice.

6.    Risks and Disclosures

6.1.    Standard risks apply. Kindly refer to our Risk Disclosure Statement at https://support.blofin.com/hc/en-us/articles/7298206673423-RISK-DISCLOSURE-STATEMENT.

6.2.    We do not make any representation or warranty that (a) Dual Investment is appropriate for any user or in any location, or (b) the transactions and services described in these Dual Investment Terms are (and/or will continue to be) available or appropriate for any user or in any location. You are strongly encouraged to carefully review these Dual Investment Terms and seek independent professional advice as to whether Dual Investment Services are appropriate for you having regard to your personal circumstances and objectives, financial position and risk tolerance.

6.3.    By accepting these Dual Investment Terms, you hereby expressly, unconditionally and irrevocably; (a) confirm that you understand, accept and assume full responsibility for participating in Dual Investment together with any and all associated risks with your Subscription to a Dual Investment, including without limitation the risks described in the risk factor statement, and (b) acknowledge that you have carefully assessed and determined that the Dual Investment Services are appropriate for you.

6.4.    You agree and accept that the User’s estimated yield displayed on the BloFin Site is merely an estimation but not a guaranteed or promised actual yield. The actual yield may not meet or may be lower than the estimated yield. Your final yield will be based on your actual yield. BloFin will calculate the User's actual yields based on the actual yields you earned under the transactions under this Service minus any Service Fees payable to BloFin. BloFin does not promise or guarantee your estimated yield or actual yield you will receive.

6.5.    Notwithstanding any other provision of these Dual Investment Terms, BloFin reserves the right to  terminate any Dual Investment Subscription on or before the Settlement Date of the Dual Investment Subscription if BloFin determines, in its good faith discretion, that termination of the Dual Investment Subscription is appropriate or warranted due to exceptional market conditions or other events that have resulted in significant dislocation of the digital asset market generally or the market for  Digital Assets in the Deposit Currency or Alternative Currency specifically.

7.    User Representations and Obligations

7.1.    You represent that:

a)    You are acting on your own behalf and not for third parties (unless authorized).
b)    All information provided is accurate.
c)    You comply with all applicable laws, including tax obligations.

7.2.    You agree not to:
a)    Use the Service for restricted activities in accordance with our Terms of Use; and
b)    Manipulate markets or abuse the system.

7.3.    Pursuant to these terms and our Terms of Use, we may clawback funds, suspend or terminate your access if you breach these Terms, with no liability for losses.

8.    Limitation of Liability

8.1.    YOU EXPRESSLY AGREE THAT YOUR USE OR NON-USE OF THIS SERVICE AND RELATED SERVICES ARE AT YOUR OWN RISK. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY UNDER THESE TERMS, THE SERVICES, ALL PRODUCTS AND SERVICES PROVIDED TO YOU THROUGH THIS SERVICE AND RELATED SERVICES PROVIDED TO YOU ARE STRICTLY OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND BLOFIN AND ITS AFFILIATES OR ITS SERVICE PROVIDERS OR SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES TO YOU OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, NO ERRORS OR OMISSIONS, CONTINUITY, ACCURACY, RELIABILITY OF THIS SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. BLOFIN DOES NOT MAKE ANY UNDERTAKINGS AND WARRANTIES FOR THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR TIMELINESS OF THE TECHNOLOGY AND INFORMATION IN CONNECTION WITH THIS SERVICES OR OTHER SERVICES PROVIDED BY THE BLOFIN.

8.2.    NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY OF EITHER PARTY FOR FRAUD, DEATH OR BODILY INJURY CAUSED BY NEGLIGENCE, VIOLATION OF LAWS, OR ANY OTHER ACTIVITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW OR REGULATIONS.

9.    Indemnification

9.1.    You shall indemnify, defend, and hold harmless BloFin, our affiliates, and our respective officers, directors, employees and agents from and against any losses relating to or in connection with any third-party claim relating to your use of the Services and your breach of Terms.

9.2.    YOU AGREE THAT OUR AGGREGATED LIABILITY IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICES SHALL NOT EXCEED THE AGGREGATE AMOUNT OF FEES WE RECEIVED FROM YOU IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, LOSS OF OPPORTUNITY AND LOSS OF PROFIT, HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, TORTIOUS OR ACTIONS IN EQUITY, EVEN IF WE ARE PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

10.    No Business, Legal, Financial or Tax Advice

The User acknowledges and agrees that no information provided by BloFin, notwithstanding whether included in these Terms or any other document or statement, shall be deemed as business, legal, financial or tax advice. The User may and should consult their own business, legal, financial or tax advisers regarding especially, inter alia, the User’s particular opportunities, risks, obligations or further costs arising from the reception of and in connection with Digital Assets under this Service. BloFin is not your broker, dealer, agent or consultant. The User acknowledges and agrees that for any transactions or other decisions or activities through which you use any BloFin Services, BloFin does not have a fiduciary relationship with or fiduciary duty towards you. No communication or information provided by BloFin to you, notwithstanding whether included in these Terms or any other document or statement, shall be deemed, considered or interpreted as investment, business, legal, financial, tax, trading, or any other type of advice. You shall determine whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial condition and risk tolerance, and you shall be solely responsible for any and all Losses or liabilities. You should consult your own business, legal, financial or tax advisors regarding especially, inter alia, your particular opportunities, risks, obligations or further costs arising from using this Service. BloFin does not make any recommendations to you regarding whether to buy, acquire, sell, transfer or hold any Digital Assets. Before making a decision to buy, sell, transfer or hold any Digital Assets, you shall conduct due diligence and consult your financial advisor. BloFin shall not be responsible for your decision to buy, sell, transfer or hold digital assets based on the information provided by BloFin.

11.    Third Party Website Disclaimer

Any links of third-party websites in BloFin Services do not mean that BloFin endorses any products, services, information and disclaimers provided therein, and BloFin does not guarantee the accuracy of the information contained therein. BloFin shall not be liable for any losses caused by your use of such third-party products and services. In addition, BloFin has no control over the terms or privacy policies / notices of third-party websites. Once you use this Service, it means that you know, understand and agree to all the terms of service, privacy policies / notices and relevant transaction and operational rules (as amended from time to time) of the third-party websites. BloFin and each third party website are independent legal entities, and these Terms shall not constitute any form of agency, partnership or cooperative relationship between the parties. BloFin and each third party websites shall be responsible for their respective claims, debts and disputes arising from the performance of their respective contracts and agreements.

12.    Miscellaneous

12.1     The contents of these Terms also include BloFin's various system specifications, other agreements or rules in the connection with these Terms, and other relevant agreements and rules regarding the Service that BloFin may issue from time to time. Once the aforementioned content is officially released, it shall become an integral part of these Terms, and you shall also abide by it. In the event of any conflict between the aforementioned content and these Terms, these Terms shall prevail.

12.2     BloFin reserves the right to unilaterally modify these Terms (including the aforementioned contents) if necessary. Such modification may happen at any time without prior notice. If any changes are made, the revised contents may be posted on BloFin's website. Please regularly check the latest information posted therein to inform yourself of any changes. Your continued use of or access to the Service following the posting of any changes constitutes acceptance of those changes. If you do not accept the revised content, please stop using the Services.

12.3     If any provisions of these Terms shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired in any way. However, if any provisions of these Terms shall be invalid, illegal or unenforceable under any such applicable law in any jurisdiction, it shall, as to such jurisdiction, be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not deemed so modified, it shall be invalid, illegal or unenforceable only to the extent of such invalidity, illegality or limitation on enforceability without affecting the remaining provisions of these Terms, or the validity, legality or enforceability of such provision in any other jurisdiction.

12.4     No failure or delay by BloFin in exercising any right, power or remedy it is entitled to under these Terms or by stipulation of law or regulation shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise of such rights, power or remedies.

12.6     You shall not transfer, novate or assign these Terms, and the rights and obligations hereunder, in whole or in part, without the prior written consent of BloFin. BloFin has the right to transfer, novate or assign any rights or obligations under these Terms by serving written notice on you, which takes effect upon the delivery of such notice.

12.7     The headings of all these Terms are for convenience only and have no actual meaning and shall not be used as a basis for interpretation of the meaning of these Terms.

12.8     If there is a discrepancy between the English version of these Terms and the translation of other languages version, the English version of these Terms shall prevail.

12.9     BloFin has the sole and final discretion of interpretation of these Terms.