Last Updated: January 17, 2019

Please read this Terms of Use (the “Agreement”) carefully. By downloading or using the App (as defined below), or otherwise indicating your agreement, you are consenting to this Agreement, including the policies referred to herein.

This Agreement is between you and Moomoo Inc. (“Moomoo”) concerning your use of (including any access to) our website(s), mobile applications known as “Moomoo” or “Futu Niu Niu”, any other Moomoo website or mobile application that posts a link to this Agreement, and any successor thereof and any services available therein (collectively, the “Service”), and any information and materials available therein (collectively, the “Content”, and, together with the Service, the “App”). This Agreement is in addition to any other agreements between you and Futu, including any customer or account agreements and any other agreements that govern your use of software, products, good, services, content, tools, and information provided by Futu, and hereby incorporates by this reference any additional terms posted by Futu through the App, or otherwise made available by Futu.

Moomoo Inc. is an affiliate of Futu Inc., a registered broker-dealer and member of FINRA and SIPC that provides online stock brokerage services to self-directed investors. Moomoo Inc. and Futu Inc. are collectively referred to as “Futu” or “we” or “us”.

YOU HEREBY AFFIRM THAT YOU ARE 18 OR OLDER TO ENTER INTO THIS AGREEMENT.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 18 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

Changes to this Agreement

We may revise this Agreement from time to time by updating this document. The most updated version of this Agreement will be made available for your review by any reasonable means, including by posting a revised Agreement under a link in the App or otherwise through the App (but no changes will apply to any dispute that previously arose between you and us). You agree to review this Agreement periodically for changes. Your use of the App after any changes to this Agreement will constitute your acceptance of the changes. We (and/or a third party, as applicable) may, at any time, modify or discontinue all or part of the App (including the Content provided by such third party); or charge, change or waive any fees required to use the App.

Applicable Privacy Policy and other Policies

In addition to this Agreement, your access to and use of the Content and Service (including without limitation your submission of information through the App) is subject to Futu’s then-current policies relating to the Content and Service, including, without limitation, Futu’s Privacy Policy, located at https://www.fututrade.com/legal/policy (the “Privacy Policy”).

By using the Service, you are consenting to have your personal data transferred to and processed by Futu and its affiliates. As part of providing you the Service, Futu may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Service, which you may not be able to opt-out from receiving.

In order to use the ACH payment functionality of Futu’s application, you must open a “Dwolla Platform” account provided by Dwolla, Inc., and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in the Dwolla account are held subject to Dwolla’s Terms of Service, which may mean that such funds are held by Dwolla's financial institution partners. You authorize Futu to share your identity and account data with Dwolla for the purposes of opening and supporting your Dwolla account, and you are responsible for the accuracy and completeness of that data. You acknowledge that you will access and manage your Dwolla account through the App, and that Dwolla account notifications will be sent by Futu, not Dwolla. Futu may provide customer support for your Dwolla account activity; please contact cs@fututrade.com for further information.

Jurisdictional Issues

The App is controlled or operated (or both) from the United States, and is not intended to subject Futu to any non-U.S. jurisdiction or law by way of the operation or making available of the App. The App may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the App is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the App’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

Financial Services

The App may include functionality that makes available certain financial services and other offerings by Futu, which may require payment of applicable fees and may be subject to additional terms. For example, if you become a brokerage customer of Futu Inc., your customer relationship, including use of the App in relation to your brokerage account, will be subject to a Customer Agreement between you and Futu Inc, in addition to this Agreement. If any such additional terms conflict with the terms of this Agreement, then such additional terms will govern with respect to the applicable service or other offering.

Market Data

You agree to be bound by the provisions provided in the schedule to this Agreement with respect to market data.

You undertake and agree not to use all or any part of the market data information being displayed in the App or provided in the Service for the purpose of disseminating or transmitting any market data information to any person, or index computation and compilation, or deriving any tradable products, or any other purpose.

You agree and confirm, and by use of the market data, you have consented to your acceptance of the followings:

  1. THE NASDAQ OMX GROUP, INC., ITS HOLDING COMPANIES AND/OR ANY SUBSIDIARIES OF SUCH HOLDING COMPANIES ENDEAVOUR TO ENSURE THE ACCURACY AND RELIABILITY OF THE INFORMATION PROVIDED BUT DO NOT GUARANTEE ITS ACCURACY OR RELIABILITY AND ACCEPT NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM ANY INACCURACIES OR OMISSIONS.
  2. NEW YORK STOCK EXCHANGE, ITS HOLDING COMPANIES AND/OR ANY SUBSIDIARIES OF SUCH HOLDING COMPANIES ENDEAVOUR TO ENSURE THE ACCURACY AND RELIABILITY OF THE INFORMATION PROVIDED BUT DO NOT GUARANTEE ITS ACCURACY OR RELIABILITY AND ACCEPT NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM ANY INACCURACIES OR OMISSIONS.
  3. CHICAGO MERCANTILE EXCHANGE, INC., ITS HOLDING COMPANIES AND/OR ANY SUBSIDIARIES OF SUCH HOLDING COMPANIES ENDEAVOUR TO ENSURE THE ACCURACY AND RELIABILITY OF THE INFORMATION PROVIDED BUT DO NOT GUARANTEE ITS ACCURACY OR RELIABILITY AND ACCEPT NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM ANY INACCURACIES OR OMISSIONS.
  4. CBOE GLOBAL MARKETS, INC., ITS HOLDING COMPANIES AND/OR ANY SUBSIDIARIES OF SUCH HOLDING COMPANIES ENDEAVOUR TO ENSURE THE ACCURACY AND RELIABILITY OF THE INFORMATION PROVIDED BUT DO NOT GUARANTEE ITS ACCURACY OR RELIABILITY AND ACCEPT NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM ANY INACCURACIES OR OMISSIONS.
  5. OPTIONS PRICE REPORTING AUTHORITY, LLC, ITS HOLDING COMPANIES AND/OR ANY SUBSIDIARIES OF SUCH HOLDING COMPANIES ENDEAVOUR TO ENSURE THE ACCURACY AND RELIABILITY OF THE INFORMATION PROVIDED BUT DO NOT GUARANTEE ITS ACCURACY OR RELIABILITY AND ACCEPT NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM ANY INACCURACIES OR OMISSIONS.
  6. OTC MARKETS GROUP, ITS HOLDING COMPANIES AND/OR ANY SUBSIDIARIES OF SUCH HOLDING COMPANIES ENDEAVOUR TO ENSURE THE ACCURACY AND RELIABILITY OF THE INFORMATION PROVIDED BUT DO NOT GUARANTEE ITS ACCURACY OR RELIABILITY AND ACCEPT NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM ANY INACCURACIES OR OMISSIONS.

No Recommendations or Investment Advice

Futu may provide self-directed investors with brokerage services, but Futu does not make recommendations or offer investment advice of any kind. Please note that any Content provided through the Service (including any market data or other financial information available through the App) is made available for informational and educational purposes only, and is not intended to be a recommendation of any specific investment or investment strategy. In addition, please note that such Content may be Third Party Materials subject to the provisions of Section 13 of this Agreement. You are solely responsible for evaluating the merits and risks associated with the use of any Content provided through the Service before making any decisions based on such Content. You agree not to hold Futu liable for any possible claim for damages arising from any decision you make based on the Content or other information made available to you through the Service or any third-party websites. Past performance data should not be construed as indicative of future results.

Rules of Conduct

In connection with the App, you must not:

  • Post, transmit or otherwise make available in connection with the App any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise failing to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner; or (e) a virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code that is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
  • Use the App for any purpose that is commercial, or fraudulent or otherwise unlawful.
  • Harvest or collect information about users of the App; restrict or inhibit any other person from using the App; disrupt the operation of the App or the servers or networks used to make the App available, including by hacking or defacing any portion of the App; or violate any requirement, procedure or policy of any such server or network.
  • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of the App, except as expressly authorized herein.
  • Reverse engineer, decompile or disassemble any portion of the App, except where such restriction is expressly prohibited by applicable law; remove any copyright, trademark or other proprietary rights notice; or frame or mirror any portion of the App, or otherwise incorporate any portion of the App into any product or service.
  • Systematically download and store App content, or use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather App content, or reproduce or circumvent the navigational structure or presentation of the App.

You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the App.

Registration; User Names and Passwords

You may need to register to use all or part of the App. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. You represent and warrant that any information you provide in connection with any such registration is and will remain accurate and complete, and that you will maintain and update such information as needed.

Your user name and password are for your personal use only and should be kept confidential; you, and not Futu, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your App account. In addition to (or in place of) a user name and/or password, the App may enable you to use facial recognition, unique gestures or other security measures. YOU ACKNOWLEDGE AND AGREE THAT SUCH SECURITY MEASURES ARE MADE AVAILABLE BY A THIRD PARTY (WHICH MAY INCLUDE A MOBILE DEVICE MANUFACTURER OR OPERATING SYSTEM PROVIDER) AND NOT BY US. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY FAILURE OF SUCH SECURITY MEASURES, OR ANY UNAUTHORIZED ACCESS TO YOUR ACCOUNT THAT RESULTS FROM ANY SUCH FAILURE. SUCH SECURITY MEASURES CONSTITUTE THIRD PARTY MATERIALS (AS DEFINED BELOW). YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE SECURITY OF YOUR APP ACCOUNT AND ANY DEVICE ON WHICH THE APP IS INSTALLED.

Profiles and Forums

App users may make available certain materials (each, a “User Submission”) through or in connection with the App, including on blogs or profile pages or on the App’s interactive services, such as podcasts, message boards and other forums, and chatting, commenting and other messaging functionality (each, a “Forum”). All communications or other User Submissions made on or through the Forums are public. Futu has no control over and is not responsible for any use or misuse (including any distribution) by any third party of User Submissions. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE APP, YOU DO SO AT YOUR OWN RISK.

License to User Submissions

For purposes of clarity, you retain ownership of your User Submissions. For each User Submission that you make available, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such User Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).

In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the App or otherwise, such Feedback will be considered a User Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Futu under any fiduciary or other obligation.

You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your User Submissions, and your provision thereof, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each User Submission that you may have under any applicable law.

Monitoring

We may (but have no obligation to) monitor, evaluate, alter or remove any User Submission before or after it appears on the App, or analyze your use of the App. Subject to our Privacy Policy, we may disclose information regarding your use of the App, and the circumstances surrounding such use, to anyone for any reason or purpose.

Your Limited Rights

The App is licensed (not sold) to end users. Subject to your compliance with this Agreement, and only for as long as you are permitted by Futu to use the App, we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the App on a mobile device that you own or control, only for your personal, non-commercial use. If you do not comply with this Agreement, you must immediately stop using the App and remove it from your mobile device.

The App, including the Service and the Content, is provided exclusively for personal and noncommercial access and use. No part of the Service or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including by “mirroring”) to any other computer, server, web site or other medium for publication, distribution or making available, or for any commercial enterprise, without Futu’s express prior written consent.

Futu’s Proprietary Rights

We and our suppliers own the App, which is protected by proprietary rights and laws. All trade names, logos, product and service names, company names, trademarks and service marks owned by Futu on the App (the “Futu Marks”) are the property of Futu. All trade names, trademarks, service marks and logos on the App not owned by us are the property of their respective owners. You may not use any Futu Marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the App should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.

Third Party Materials

The App may make available access to information, products, services and other materials made available by third parties (“Third Party Materials”), including, without limitation, User Submissions and any information, content, service or software made available via links and/or third-party sites. By accessing any Third Party Materials, you are directing us to access, route and transmit the Third Party Materials to you. We do not prepare, edit, or endorse Third Party Materials. We do not control or guarantee, and are not responsible for any Third Party Materials, including the accuracy, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate or deceptive. Nothing in this Agreement will be considered a representation or warranty by Futu with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials through the App at any time. The availability of any Third Party Materials through the App does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.

You will not hold Futu and/or any third-party provider liable in any way for (a) any inaccuracy of, error or delay in, or omission of the Content; or (b) any loss or damage arising from or occasioned by (i) any error or delay in the transmission of such Content, (ii) interruption in any such Content due either to any negligent act or omission by any party or due to any “force majeure” (e.g., flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications or power failure, equipment or software malfunction), (iii) any other cause beyond the reasonable control of Futu and/or any third-party provider, or (iv) non-performance.

Any price quotes may be delayed 20 minutes or longer, according to the rules and regulations applicable to exchanges and third-party providers. Neither Futu nor any third-party provider makes any representations, warranties or other guarantees as to the accuracy or timeliness of any price quotes. Neither Futu nor any third-party provider makes any representations, warranties or other guarantees as to the present or future value or suitability of any sale, trade or other transaction involving any particular security or any other investment.

YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF ANY THIRD-PARTY PROVIDERS).

DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE APP AND ANY THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (B) FUTU EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE APP AND ANY THIRD PARTY MATERIALS, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. FUTU DOES NOT GUARANTEE THE ACCURACY, TIMELINESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH FUTU AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

While we try to maintain the timeliness, integrity and security of the App, we do not guarantee that the App is or will remain updated, complete, correct or secure, or that access to the App will be uninterrupted. Use of the App may be limited or unavailable during periods of peak demand, market volatility, system upgrades or for other reasons. The App may include errors and materials that conflict with this Agreement. Third parties may also make unauthorized alterations to the App. If you become aware of any such alteration, contact us at cs@fututradec.com with a description of the alteration and its location.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) FUTU WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (B) WITHOUT LIMITING THE FOREGOING, FUTU WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE APP OR FROM ANY PRODUCTS OR THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH; (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APP OR ANY PRODUCTS OR THIRD PARTY MATERIALS IS TO STOP USING THE APP; AND (D) THE MAXIMUM AGGREGATE LIABILITY OF FUTU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (1) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO FUTU TO USE THE APP, AND (2) TEN U.S. DOLLARS ($10). ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH FUTU AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

Indemnity

To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless Futu and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the App (including your User Submissions); and (b) any violation or alleged violation of this Agreement by you.

Termination

This Agreement will continue until terminated. Futu may terminate or suspend this Agreement and your use of the App at any time and without prior notice, with or without cause and effectively immediately. Immediately upon any such termination or suspension, your right to use the App will end, and Futu may deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide further access to those materials. This Agreement will terminate immediately without notice from Futu if you, in Futu’s sole discretion, fail to comply with any provision of this Agreement. Futu shall not be liable to you or any third party for the termination or suspension of this Agreement or your use of the App, or any claims related to such termination or suspension. Sections 2–5, 8–10 and 12–23 will survive termination of this Agreement.

GOVERNING LAW; ARBITRATION

The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND FUTU, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT FUTU AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH MATTERS SHALL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE.

YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at: https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.

Information or Complaints

If you have a question or complaint regarding the App, please contact us at:

ADDRESS: 720 University Avenue, Suite 100, Palo Alto, CA 94301
E-MAIL ADDRESS: cs@fututrade.com
TELEPHONE NUMBER: 650-384-6841

Please note that e-mails may not be secure, so you should not include financial or other sensitive information in any e-mail.

Export Controls

You are responsible for complying with U.S. export controls and for any violation of those controls, including any U.S. embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any U.S. government list of restricted end users.

Miscellaneous

This Agreement does not create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Futu. If any term of this Agreement is found to be unenforceable for any reason, that term will be considered separable from this Agreement and will not affect the enforceability of any other term. You may not assign, transfer or sublicense any of your rights or obligations under this Agreement. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. Neither party’s waiver of any breach under this Agreement will be considered a waiver of any earlier or later breach. Any headings in this Agreement are for convenience only. The term “including” and its variations will be interpreted as if followed by the phrase “without limitation.” This Agreement, including any incorporated terms, is the entire agreement between you and Futu relating to its subject matter, and supersedes any earlier or contemporaneous agreements or understandings between you and Futu relating to that subject matter. Notices to you may be made by posting to the App or by e-mail, or by regular mail. Futu will not be responsible for any failure to fulfill any obligation due to any cause beyond its control. Please note that parental control protections are commercially available that may assist in limiting access to material that is harmful to minors. Current providers of these protections are listed at: https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Futu does not endorse any of the listed products or services.

Apple-Specific Terms

In addition to your agreement with the foregoing terms, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Futu in accordance with the “Information or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service, except that the App may also be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing programs. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, Futu’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.

App © 2019 Futu Inc., unless otherwise noted. All rights reserved.

SCHEDULE -- MARKET DATA INFORMATION PROVISIONS

The market data information (the “Market Data”) is provided by NASDAQ OMX GROUP, INC., NEW YORK STOCK EXCHANGE, CHICAGO MERCANTILE EXCHANGE, INC., CBOE GLOBAL MARKETS, INC., OPTIONS PRICE REPORTING AUTHORITY, LLC, OTC MARKETS GROUP AND ANY OTHER THIRD PARTY (collectively, the “Market Data Providers”).In relation to the usage of the Market Data, you acknowledge and agree to the following:

  1. The provision of Market Data Information
    1. Market Data provided herein is for the exclusive use of you for your personal use, within the scope of the activities authorized hereunder and not for any illegal purpose. You shall take all reasonable measures in order to avoid Market Data that it receives being used for unauthorized or illegal purposes or being hacked.
    2. You are expressly prohibited from redistributing or otherwise disseminating the said Market Data or any part thereof in any manner or format whatsoever, to any individual or legal entity whatsoever, either for free or for valuable consideration, without the prior written consent of the applicable Market Data Providers, its holding companies and/or any subsidiaries of such holding companies.
    3. You unconditionally agree that you shall accept the specific conditions imposed by the Market Data Providers, as specified from time to time by Futu.
    4. You acknowledge that the Market Data Providers are and shall remain the owner of all the property rights over the Market Data provided by the Market Data Providers.
    5. You are responsible and shall indemnify Futu and the Market Data Providers for all the consequences of any unauthorized use.
    6. You acknowledge that since the Market Data relates to financial information, the Market Data Providers and/or Futu reserve(s) the right to modify the structure of the Market Data provided in the event that they are required to do so by legislation or that any regulations governing them are amended.
    7. You acknowledge that Futu is under an absolute obligation to modify or stop providing the Market Data on first demand from the Market Data Providers to do so, and for whatever reason. Should this happen, Futu shall in no case be held liable for the consequences of this modification, interruption or termination in the provision of Market Data.
    8. Neither Futu nor any Market Data Provider shall be directly or indirectly liable for any damage whatsoever resulting directly or indirectly from the content, reliability, integrity, comprehensiveness, accuracy or quality of the Market Data. Futu shall not be directly or indirectly liable for any damages whatsoever, including consequential loss, special, indirect or punitive damages, resulting from or arising out of an interruption or of the transmission of the Market Data.
    9. You agree to pay Market Data fees as stipulated by Futu from time to time.
  2. Termination
    1. The provisions herein shall enter into effect on the date of acceptance by you herein and it shall continue in effect without expiration until and unless Futu notifies you of its intent to discontinue providing the Market Data.
    2. The provisions herein will automatically terminate with immediate effect in the event of termination and/or closure of your account with Futu.
    3. Futu shall automatically terminate and cut off the flow of Market Data at any time, without any liability, and/or owing any compensation, to you, if you do not comply with the terms and conditions set forth herein concerning the Market Data.
  3. Disclaimer
    1. The Market Data Providers’ Disclaimer
      In relation to the Market Data supplied by the Market Data Providers, you acknowledge and agree that:
      1. THE NASDAQ OMX GROUP, INC., ITS HOLDING COMPANIES AND/OR ANY SUBSIDIARIES OF SUCH HOLDING COMPANIES ENDEAVOUR TO ENSURE THE ACCURACY AND RELIABILITY OF THE INFORMATION PROVIDED BUT DO NOT GUARANTEE ITS ACCURACY OR RELIABILITY AND ACCEPT NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM ANY INACCURACIES OR OMISSIONS.
      2. NEW YORK STOCK EXCHANGE, ITS HOLDING COMPANIES AND/OR ANY SUBSIDIARIES OF SUCH HOLDING COMPANIES ENDEAVOUR TO ENSURE THE ACCURACY AND RELIABILITY OF THE INFORMATION PROVIDED BUT DO NOT GUARANTEE ITS ACCURACY OR RELIABILITY AND ACCEPT NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM ANY INACCURACIES OR OMISSIONS.
      3. CHICAGO MERCANTILE EXCHANGE, INC., ITS HOLDING COMPANIES AND/OR ANY SUBSIDIARIES OF SUCH HOLDING COMPANIES ENDEAVOUR TO ENSURE THE ACCURACY AND RELIABILITY OF THE INFORMATION PROVIDED BUT DO NOT GUARANTEE ITS ACCURACY OR RELIABILITY AND ACCEPT NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM ANY INACCURACIES OR OMISSIONS.
      4. CBOE GLOBAL MARKETS, INC., ITS HOLDING COMPANIES AND/OR ANY SUBSIDIARIES OF SUCH HOLDING COMPANIES ENDEAVOUR TO ENSURE THE ACCURACY AND RELIABILITY OF THE INFORMATION PROVIDED BUT DO NOT GUARANTEE ITS ACCURACY OR RELIABILITY AND ACCEPT NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM ANY INACCURACIES OR OMISSIONS.
      5. OPTIONS PRICE REPORTING AUTHORITY, LLC, ITS HOLDING COMPANIES AND/OR ANY SUBSIDIARIES OF SUCH HOLDING COMPANIES ENDEAVOUR TO ENSURE THE ACCURACY AND RELIABILITY OF THE INFORMATION PROVIDED BUT DO NOT GUARANTEE ITS ACCURACY OR RELIABILITY AND ACCEPT NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM ANY INACCURACIES OR OMISSIONS.
      6. OTC MARKETS GROUP, ITS HOLDING COMPANIES AND/OR ANY SUBSIDIARIES OF SUCH HOLDING COMPANIES ENDEAVOUR TO ENSURE THE ACCURACY AND RELIABILITY OF THE INFORMATION PROVIDED BUT DO NOT GUARANTEE ITS ACCURACY OR RELIABILITY AND ACCEPT NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM ANY INACCURACIES OR OMISSIONS.
      7. MARKET DATA PROVIDERS AND/OR ANY SUBSIDIARIES OF SUCH HOLDING COMPANIES ENDEAVOUR TO ENSURE THE ACCURACY AND RELIABILITY OF THE INFORMATION PROVIDED BUT DO NOT GUARANTEE ITS ACCURACY OR RELIABILITY AND ACCEPT NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM ANY INACCURACIES OR OMISSIONS.
    2. FUTU Disclaimer
      In relation to the Market Data provided in the App, you acknowledge and agreed that:
      FUTU ENDEAVOUR TO ENSURE THE ACCURACY AND RELIABILITY OF THE INFORMATION PROVIDED BUT DO NOT GUARANTEE ITS ACCURACY OR RELIABILITY AND ACCEPT NO LIABILITY (WHETHER IN TORT OR CONTRACT OR OTHERWISE) FOR ANY LOSS OR DAMAGE ARISING FROM ANY INACCURACIES OR OMISSIONS.