Futu I&E Website User Service Agreement

Effective date: Feburary 14th, 2023

 

Important:

In addition to the main document, this User Service Agreement includes "Futu I&E Privacy Policy", and any supplements, schedules, or appendices (collectively, the "Agreement"). Please read carefully and fully understand this Agreement, especially the parts in bold. You confirm that you have full capacity for civil conduct to read, confirm, and accept this Agreement and to use the services hereunder.

 

1.  Confirmation and Acceptance of This Agreement

1.   This User Service Agreement (the "Agreement") is entered into between the user (or "you") and Futu Network Technology Co., Ltd. ("Futu ", "we", or "us", Futu and its affiliates are collectively referred to as the "Futu Group") with respect to the use of Futu I&E website and the equity related services provided thereon including, but not limited to, ESOP equity incentives, IPO distribution (provided by a licensed subsidiary of the Futu Group), and capital market communications (the "Services").
2.   Futu may revise the content of this Agreement from time to time and publish such revisions on https://www.futuie.com. In addition, Futu may issue, from time to time, agreements and business rules which also constitute an integral part of this Agreement and shall be complied with by you. By continuing to use the Services, you acknowledge that you are aware of and accept such revisions or changes, and agree to such agreements and business rules as issued by Futu from time to time. If you do not agree, you should immediately stop using the Services.
3.   By using or accessing the Services, you acknowledge that you have confirmed and agree to all of the provisions of this Agreement. Separate agreements and business rules (the "Separate Agreements") may apply to certain services you use. Please read and agree to these Separate Agreements before using such services. By using these services, you acknowledge that you accept such Separate Agreements.
4.   If your country or region precludes all or part of this Agreement, you should immediately stop using the Services. By continuing to use the Services, you agree to assume related legal risks or liabilities.
5.   If any provision of this Agreement is or becomes partially invalid or unenforceable for any reason, the remainder of this Agreement shall remain valid and continue to be binding on both you and Futu.

 

2. Use and Cancellation of a Futu ESOP Equity Incentive Account

You can view the agreement of the use and cancellation of a Futu ESOP equity incentive account by click the "Futu I&E ESOP Equity Incentive Platform User Service Agreement" (Please check the website https://www.futuie.com/terms for details).

 

3. Service Description

1.   Service content
   1.         The specific web services offered on this website are provided by Futu in accordance with the actual circumstances. Futu does not undertake to notify users prior to the commencement, change or termination of the relevant services.
   2.         This website only provides the relevant internet services to users. Users must prepare their own equipment (e.g. personal computers, mobile phones, modems, and other equipment to get internet access) and pay for their own internet access (e.g. telephone, internet and mobile phone charges related to this service). 
2.   Service fees

Fees will be charged for the Services. Futu reserves the right to charge you for the Services based on the relevant service fee schedules, orders, and/or agreements. Specific service fees are subject to the separate written agreements between you or your company and Futu.

 

3.   Restrictions on service use

When using the Services, you shall comply with the laws and regulations of the country or region where you belong, reside, or operate. You shall not use the Services for any illegal purpose (including trading in prohibited or restricted items) or in any illegal ways, including but not limited to:

1.         violating legal or contractual obligations;
2.         using the Services for any illegal purpose;
3.         endangering the security of the website;
4.         deleting the information about copyright on the website and its copies;
5.         reverse engineering the website or otherwise attempting to discover the source code of the website;
6.          using, renting, reproducing, modifying, linking, sharing, compiling, issuing, publishing, or create mirror sites of the content to which Futu owns intellectual property rights;
7.         reproducing, modifying, adding, deleting, or creating any derivative works of the website or data released into the memory of any terminal during the operation of the website, interaction data between the user end and the server end, and data necessary for the operation of the website, including but not limited to accessing the website and related systems through any third-party tools/services that are not expressly authorized by Futu;
8.         adding, deleting, or changing the features or operating effects of the website by modifying or falsifying the instructions or data in the operation of the website;
9.          logging in to or using the website and the services through third-party software, plug-ins, add-ons, or systems that are not developed or authorized by Futu, or creating, distributing, or disseminating the above tools;
10.          interfering, or authorizing others or third-party software to interfere, with the website and its components, modules, and data;
11.         other purposes that are not expressly authorized by moomoo and that Futu has reasonable grounds to believe are inappropriate.

 

4.   Service suspension or termination
   1.         You expressly understand and agree that Futu reserves the right to suspend or terminate your use of the Services without prior notice if:
      1. Futu has reasonable grounds to believe that you have violated the provisions of this Agreement;
      2. Futu finds that your behavior abnormal or your operation suspected of being illegal; or
      3. Futu deems it necessary under special circumstances.
   2.         Futu reserves the right to investigate your account if Futu has reasonable grounds to suspect you of a violation under this Section. You understand and agree that during the investigation, Futu has the right to limit some or all of the features of the products or services you use without prior notice. If investigation findings confirm your violation, Futu reserves the right to lock your account and terminate the cooperation with you. Futu shall not be liable for any damages arising therefrom, including but not limited to losses of profits, goodwill, use, data, or other intangible losses (whether or not Futu has been informed of the possibility of such damages).
   3.         You agree to indemnify and hold harmless Futu, its partner companies, and affiliates for and against any claim, demand, or loss (including reasonable attorneys' fees) by any third party arising out of or in connection with your breach of the provision of this Agreement.
   4.         If you terminate your cooperation with Futu for any reason, you can contact us by phone. Futu's customer service will export and destroy all of your data on the website, including but not limited to personal information, equity and process data, etc.

 

5.   Service interruption and force majeure
   1.         Futu shall not be liable for any breach of contract or compensation if the services on the website are suspended or interrupted due to: service interruptions or delays caused by natural disasters, hacker attacks, failure of network or telecommunication equipment for data transmission, information or records loss due to damage to, or breakdown or failure of, the cloud services and the website, adjustments to or failures in the telecommunications technology departments, website upgrades, banking, payment channel issues, etc.; temporary closure due to government control; attacks by computer viruses; and other force majeure.
   2.         Futu shall not be liable for any interruptions of the network service (including the paid network services) for a reasonable period due to our regular or periodical repairs or maintenance of the website and the related equipment. Futu will notify you of such repairs or maintenance within a reasonable period and reserves the right to suspend any part of the Services for maintenance, upgrade, or other purposes without prior notice.

 

4. Risk Warning, Responsibility and Liability

1.   Risk warning
   1.         You confirm and warrant that when using the website or accepting the Services, you have a certain understanding of the financial market and are fully aware of the relevant market risks.
   2.         You confirm that you fully understand and agree to the risks indicated by Futu and undertake to take preventive measures to avoid or minimize these risks, and you voluntarily assume any loss that may arise in connection therewith.
2.   Responsibility and Liability
   1.         The payment channels and partners of the Services are responsible for the quality and content of their own payment services.
   2.         b.You provide the user information, and we cannot guarantee its accuracy, timeliness, and completeness. You shall be solely responsible for your judgment.
   3.         c.You shall use your own discretion on, and assume the risk of, downloading or obtaining any information through the Services, and you shall be solely liable for any damage to, or loss of information in your computer due to such download.
   4.         d.No advice or information, whether written or oral, that you obtain from Futu and its staff or through the Services shall constitute Futu's warranty for the Services.
   5.         e.Your orders and instructions to Futu are irrevocable, except as otherwise provided in this Agreement or agreed in writing by Futu.
   6.          f.You acknowledge and agree that if you are involved in a complaint or other dispute with a third party, Futu has the right to provide your entity information, contact information, complaint-related matters, and other necessary information to the counterparty or relevant authorities in order to protect the legitimate rights and interests of you and other parties, except as otherwise provided by laws and regulations.
   7.         g.In no event shall Futu be liable for any indirect, punitive, special, or consequential losses (including losses of business, revenue, profit, goodwill, data usage, or other economic benefits) arising out of or in connection with this Agreement, no matter how they arise and whether they are caused by any breach of this Agreement (including breach of warranty) or by tort, even if you have been previously advised of the possibility of such losses. Futu's liability for such losses shall be excluded even if the exclusive remedy provided in this Agreement has not achieved its essential purpose.
   8.         h.In no event shall Futu's total liability for breach of the Agreement for the website and the related services exceed the total amount charged for the current service.

 

5. Data Security and Personal Privacy Protection

Futu highly values your privacy. Your personal information and other data are protected and regulated in accordance with the "Futu I&E Privacy Policy".

 

6. License

1.   Form of license

By using the Services, you acknowledge that Futu grants you a personal, non-transferable, and non-exclusive license to use the Service. You may use the website and the license only for the purpose of accessing or using the Services.

2.   Scope of license
   1.         Futu grants you a personal, non-transferable, and non-exclusive license to use the Services with respect to the website and its access. You may access, install, use, display, and operate the website on the terminal devices authorized by Futu.
   2.         All other rights not expressly granted in this Section and elsewhere in this Agreement are still reserved by Futu, and you must obtain separate written consent from Futu to exercise such rights. The absence of exercise by Futu of any of these rights does not constitute a waiver of such rights.
3.   Use of license
   1.         Except as permitted by law or as by Futu in writing, you shall not use the website and its access for the following purposes:
      1. removing the information about copyrights on the website and its copies;
      2. ii.reverse engineering, disassembling, decompiling, or otherwise attempting to discover the source code of the website;
      3. iii.using, renting, lending, reproducing, modifying, linking, sharing, compiling, issuing, or publishing the content to which Futu owns the intellectual property rights;
      4. iv.creating mirror sites, etc.;
      5. v.reproducing, modifying, adding, deleting, or creating any derivative works of the website or data released into the memory of any terminal during its operation, interaction data between the user end and the server end, and data necessary for the operation of the website, including but not limited to accessing the website through plug-ins, add-ons, or third-party tools/services not authorized by Futu;
      6. vi.adding, deleting, or changing the features or operating effects of the website by modifying or falsifying instructions or data in the operation of the website, or operating or disseminating the software or methods used for the above purposes to the public, whether or not for commercial purposes;
      7. vii.accessing or using the website and services through third-party software, plug-ins, add-ons, or equity management platform that is not developed or authorized by Futu, or creating, distributing, or disseminating the above tools;
      8. viii.interfering, or authorize others or third-party software to interfering, with the website and its components, modules, and data; or
      9. ix.other purposes that are not expressly authorized by Futu.
   2.         You understand and agree that based on such factors as user experience, safe operation of the website, website rules and requirements, and healthy development, Futu has the right to choose whom we serve, and decide on the feature settings, as well as the target and scope of feature access, data interface, and data disclosure.

 

7. Protection of Intellectual Property Rights

1.   Except for third-party products or services, Futu or its affiliates own rights to all intellectual property on the website, including but not limited to written works, databases, software, writings, photographs, videos, music, audio and combinations thereof, software compilations, related source code and software (including applets and scripts) archives, information, materials, frameworks, and page design. Such intellectual property rights include but are not limited to copyrights, trademarks, patents, trade secrets, etc.
2.   You shall not use, modify, reproduce, disclose, change, disseminate, issue, or publish any material or content on this website without the written consent of Futu or its affiliates.
3.   Respect for intellectual property rights is your obligation, and you shall be liable for damages due to any breach.
4.   The above obligations shall survive the termination of this Agreement.

 

8. Disclaimers

1.   Futu endeavours to ensure the proper functioning of the website, but makes no warranty as to its applicability. Futu does not accept any liability for any loss or legal dispute arising directly or indirectly from the use of this website and the information displayed on it.
2.   Any information, comments and other contents in this website do not constitute investment advice or investment results. Investors should make investment decisions prudently based on their own judgment and bear their own risks.
3.   The website does not guarantee that the network services will always meet the requirements of users, and that the network services will not be interrupted. The timeliness, safety and accuracy of the network services are also not guaranteed.
4.   Futu shall not be liable for any interruptions or other defects in the network services caused by force majeure or reasons beyond the control of the operator.
5.   If the website or a third party is involved in providing links to other websites or resources on the Internet, as the website has no control over such websites and resources, you acknowledges and agrees that Futu is not liable for the availability of such websites or resources, and does not guarantee or assume responsibility for the authenticity or accuracy of any content, advertising, products or other materials on or originating from such websites or resources. Futu shall not be liable for any damages or losses arising out of the use of or reliance on any content, goods, or services posted on or obtained through any such websites or resources.
6.   You acknowledge and agree that your use of the service platform is entirely at your own risk. You acknowledge and agree that any information downloaded or obtained through the service platform is at your own discretion and that you will bear the risk of damages to your system, losses of data and any other risks.
7.   Futu reserves the right to temporarily or permanently modify or terminate the network service (or any part thereof) at any time and shall not be liable to users or any third party for any such modification or termination, whether issued a notice or not.

 

9. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of Hong Kong. In case of any dispute arising out of this Agreement, both parties hereto agree to submit it to the Shenzhen Qianhai Cooperation Zone People's Court for resolution and agree that such court shall have exclusive jurisdiction.