EEA TRADING BOT TERMS AND CONDITIONS

These Trading Bot Terms and Conditions (“Terms”) govern your access to and use of the automated trading features made available on the Platform, including but not limited to the spot DCA bot, spot grid bot (collectively, “Trading Bot Services”). These Terms form a legally binding agreement between you (“User,” “you,” or “your”) and OKX Europe Limited, a Malta limited liability company registered in Malta and licensed as a Crypto-Asset Service Provider by the Malta Financial Services Authority (“OKX,” “Platform,” “we,” “us,” or “our”).

By accessing or activating any Trading Bot Service, you acknowledge that you have read, understood, and agreed to be bound by these Terms and the OKX EEA Terms of Service . In the event of any conflict between these Terms and the Platform Terms with respect to Trading Bot Services, these Terms shall prevail. Capitalized terms used but not defined herein have the meanings ascribed to them in the Platform Terms. If you do not agree to these Terms, you must not use any Trading Bot Service.

1. Definitions

1.1 "Trading Bot" means a system that automatically executes trading orders on your behalf based on Bot Parameters that you configure. This includes Trading Bots (Manual Setting) and Trading Bots (Managed Setting).

1.2 "Trading Bot (Manual Setting)" means Trading Bots where the User retains control over the setting of key Bot Parameters. This includes: Manual Grid Bot and Manual DCA Bot.

1.3 "Trading Bot (Managed Setting)" means Trading Bots where the User delegates the setting of key Bot Parameters to the Platform and where the Platform provides Portfolio Management Services. This includes Smart Strategies Grid Bot, Copy Grid Bot, Smart Strategies DCA Bot, Copy DCA Bot and Simple DCA Bot.

1.4 "Bot Parameters" means the set of trading inputs governing how a Trading Bot operates, including but not limited to order pairs, investment amount, price ranges, grid levels, order sizes, price deviation steps, take-profit targets, stop-loss levels, amount multipliers, price-step multipliers, and cycle settings.

1.5 "Simple Mode" means the simplified interface through which Users select from pre-configured Trading Styles, with the underlying Bot Parameters determined by OKX's algorithm within pre-set bands corresponding to the selected Trading Style, and presented to the User prior to activation.

1.6 "Exchange Mode" means the advanced interface through which Users may view and directly configure all available Bot Parameters for a given Trading Bot.

1.7 "Trading Style" means a pre-configured set of risk and return band (Patient, Balanced, or Active) selected by the User, within which OKX’s algorithm determines specific Bot Parameters on the User’s behalf.

1.8 "Cycle" means a complete sequence of trading operations carried out by the Trading Bot in accordance with your configured Bot Parameters.

1.9 "Safety Order" or "Next Order" means an additional order placed by the Trading Bot after the first order in accordance with your configured Bot Parameters.

1.10 "Platform Terms" means the OKX US Terms of Service, as amended from time to time, currently available at https://www.okx.com/en-gb/help/terms-of-service-eea.

1.11 "Portfolio Management Service" means, in respect of the Simple DCA Bot operated in Simple Mode, the service of managing a portfolio of crypto-assets on a discretionary basis in accordance with a mandate given by the User, within the meaning of Article 3(1)(52) of Regulation (EU) 2023/1114 (MiCA). References to the Portfolio Management Service apply only to Trading Bots (Managed Setting) and not to Trading Bot (Manual Setting).

2. Relationship to Platform Terms

2.1 These Terms supplement and are incorporated into the Platform Terms. Your use of Trading Bot Services is subject to all terms, conditions, and requirements set forth in the Platform Terms, including identity verification requirements, account standing conditions, jurisdictional restrictions, and the dispute resolution provisions. In case of conflict, these Terms govern with respect to Trading Bot Services specifically.

2.2 Your eligibility to use Trading Bot Services is contingent upon your meeting all eligibility requirements under the Platform Terms at the time of each use. OKX reserves the right to restrict or revoke access to Trading Bot Services if you cease to meet applicable eligibility requirements.

2.3 All trades executed through a Trading Bot (Manual Setting) are deemed to have been placed directly by you. You remain fully responsible for each trade executed by any Trading Bot operating under your account, to the same extent as if you had entered each such trade manually.

2.4 All trades executed through a Trading Bot (Managed Setting) are deemed to have been placed on your behalf by OKX acting as your crypto-asset service provider. In respect of the Portfolio Management Service, OKX acts on a discretionary basis within the mandate you have provided by selecting a Trading Style and configuring the applicable parameters.

3. Nature of Services

3.1 Trading Bot Services comprise two categories of service:

(a) Portfolio Management Service: when you use the Trading Bots (Managed Setting), OKX provides a Portfolio Management Service. OKX’s algorithm selects specific Bot Parameters (including Number of Safety Orders and Take Profit %) on a discretionary basis within the Trading Style band you have chosen. OKX acts as your crypto-asset portfolio manager in respect of those parameter selections and the resulting trading activity, and the suitability requirements set out in Section 3A apply.

(b) Order Execution Services (Trading Bots (Manual Setting)): the Platform provides ord execution services. In those cases, all Bot Parameters reflect your direct choices and OKX does not exercise discretion over individual trading decisions.

3.2 OKX does not provide investment advice, financial advice, or trading recommendations through Trading Bot Services. No aspect of these services — including the presentation of Trading Styles, pre-set Bot Parameters, historical data, performance summaries, or strategy descriptions — constitutes a personalised recommendation or advice on crypto-assets within the meaning of MiCA Article 3(1)(24), save that the Portfolio Management Service involves OKX acting on a discretionary basis as described in Section 3.1(a) and Section 3A. The Portfolio Management Service does not constitute personalised investment advice and OKX does not assess the suitability of individual crypto-assets or trading pairs for your circumstances beyond the suitability assessment conducted pursuant to Section 3A.

3.3 OKX makes no representation or warranty that any Trading Bot will operate profitably, that any take-profit target will be achieved, that any order will be executed at a specified price, or that Trading Bot Services will be available without interruption or error. Trading Bot Services are provided on an “as is” and “as available” basis, as further described in Section 9.

3.4 Historical data, projections, and simulated performance figures presented in connection with Trading Bot Services, Trading Styles or Bot Parameters are provided for illustrative purposes only. They are based on past market conditions that may not recur and do not constitute a guarantee, forecast, or reliable indicator of future performance.

3A. Portfolio Management Service — Suitability and Client Obligations

3A.1 Suitability Assessment. Before activating a Trading Bot (Managed Setting), OKX will conduct a suitability assessment in accordance with Article 81 of MiCA. OKX will collect information regarding: (a) your knowledge and experience in crypto-asset investment, including your familiarity with automated trading strategies; (b) your investment objectives, including your risk tolerance and the purpose of the investment; (c) your financial situation, including your ability to bear losses up to and including total loss of the amount deployed; and (d) your basic understanding of the risks associated with purchasing crypto-assets and automated trading.

3A.2 Suitability Warning. If OKX determines, on the basis of the information you have provided, that the Portfolio Management Service is not suitable for you, you will not be able to access the service. You must provide accurate and complete information in the suitability assessment; OKX’s assessment is based on the information you supply and OKX is not responsible for the consequences of inaccurate or incomplete information.

3A.3 Best Interest Obligation. In providing the Portfolio Management Service, OKX acts in your best interest. The algorithm’s parameter selection within your chosen Trading Style band is designed to identify historically optimal parameters based on the 30-day K-line dataset applicable at the time of bot creation. OKX does not guarantee that the parameters selected will produce positive returns or that they will be optimal for prevailing market conditions.

4. Risk Disclosures

In respect of the Portfolio Management Service, OKX conducts a suitability assessment as described in Section 3A before you activate a Simple DCA Bot in Simple Mode. In respect of all other Trading Bot Services, you are solely responsible for determining whether those services are suitable for you in light of your individual financial circumstances, investment experience, knowledge, objectives, and risk tolerance. The risk disclosures set out below describe the principal categories of risk associated with automated trading but are not exhaustive; additional or unforeseen risks may arise. By activating a Trading Bot, you acknowledge that you have read and understood each of the following disclosures and that you accept the risks described, including both anticipated and unanticipated risks.

4.1 Market Risk. Cryptocurrency markets are highly volatile and subject to sudden, significant, and unpredictable price fluctuations driven by regulatory developments, macroeconomic conditions, market sentiment, technological events, and other factors beyond OKX’s control. You may incur partial or total loss of the capital you have deployed in a Trading Bot, and you should deploy only funds that you can afford to lose. Past market performance and any historical data presented by the Platform are not reliable indicators of future results and should not form the sole basis for any trading decision.

4.2 Execution Risk. Orders placed by a Trading Bot are subject to prevailing order book conditions and may be partially filled, left unfilled, or executed at prices that differ materially from the intended price due to slippage, market liquidity constraints, rapid price movements, or other market microstructure factors. A failure to execute, a partial execution, or an execution at an unfavorable price may leave you with an unintended market position or exposure, the management of which remains solely your responsibility.

4.3 Technical and System Risk. Trading Bot Services depend on the continuous and reliable operation of OKX’s platform, third-party infrastructure, internet connectivity, and market data feeds. System outages, latency, API failures, network disruptions, cyberattacks, software errors, or force majeure events may cause your Trading Bot to operate incorrectly, to pause, or to fail to execute orders entirely. OKX does not guarantee uninterrupted or error-free availability of Trading Bot Services and shall not be liable for losses arising from such interruptions, including losses caused by technical failure to execute a stop-loss or other risk-limiting order.

4.4 Parameter and Configuration Risk. For Trading Bots (Manual Setting), you are solely responsible for all Bot Parameters that you set or select. In respect of the Portfolio Management Service (Trading Bots (Managed Setting)), OKX’s algorithm selects specific parameters within your chosen Trading Style band. Those parameters are disclosed to you prior to activation. Parameters that perform well under historical conditions may produce significant losses under different or future market conditions, and past parameter performance does not guarantee future results. Once activated, parameters are locked for the duration of the cycle and cannot be modified without stopping and restarting the bot.

4.5 Capital Reservation and Liquidity Risk. A Trading Bot may reserve and deploy capital from your account in accordance with your configured Bot Parameters, including reserving funds for anticipated future orders such as Safety Orders in the spot DCA bot. Reserved funds may not be available for other trading or withdrawal purposes while the Trading Bot is active. If your account balance is insufficient to fund a future order required by the bot’s strategy, the bot may terminate or fail to execute that order, potentially resulting in an incomplete or unbalanced position.

4.6 Overexposure and Multiplier Risk. Certain Bot Parameters — including amount multipliers and price-step multipliers in the spot DCA bot — are designed to scale order sizes progressively as the market moves against your position. While these features can lower your average entry price in declining markets, they can also cause your deployed capital to scale rapidly, significantly increase your total market exposure, and amplify losses if the market continues to move against you. You are solely responsible for understanding the cumulative capital deployment implied by multiplier settings and for monitoring their effect in real time, particularly in volatile or strongly trending markets.

4.7 Strategy and Market-Condition Risk. Each Trading Bot strategy is optimized for specific market conditions. In trending markets, strongly directional conditions, or environments outside the assumptions embedded in the strategy, a Trading Bot may underperform a simple buy-and-hold approach, fail to generate any returns, or produce losses. OKX does not guarantee that any Trading Bot strategy will remain suited to prevailing market conditions at any time, and you are solely responsible for assessing whether current conditions are appropriate for your chosen strategy.

4.8 Monitoring Obligation. Automated trading does not eliminate the need for active oversight. In respect of the Portfolio Management Service, OKX will provide periodic statements as described in Section 3A.3 and you are entitled to stop the bot at any time. Notwithstanding OKX’s obligations under the Portfolio Management Service, you remain responsible for monitoring your overall financial position and for notifying OKX of any material change in your financial circumstances, investment objectives, or risk tolerance that may affect the continuing suitability of the service. In respect of all other Trading Bot Services, you are solely responsible for monitoring performance and market exposure, for adjusting or terminating the bot when market conditions change, and for managing any residual positions following termination.

4.9 Multi-Leg and Partial Execution Risk. Certain Trading Bot strategies involve coordinated multi-leg execution, meaning multiple orders intended to function together as a unified strategy. Market movements may cause some orders to execute while others remain unfilled, resulting in a partial or unbalanced position. You are responsible for understanding how each component of the strategy interacts with your overall portfolio and for managing any exposure arising from partial execution.

4.10 Bot Termination Risk. A Trading Bot may terminate before completing its intended strategy as a result of your instruction, depletion of available account funds, market conditions (including the triggering of a stop-loss), technical failures, system maintenance, delisting or trading halt on the relevant asset, or regulatory requirements. Upon termination, open positions or remaining balances will be returned to your trading account, but the timing, price, and manner of any forced liquidation upon termination may be adverse to your interests. You are solely responsible for monitoring and responding to termination events.

4.11 Platform Intervention. OKX employs risk controls that may activate in the event of market disruption, regulatory restriction, systems failure, or other circumstances that OKX determines, in its sole discretion, require intervention. Activation of these controls may result in the cancellation of any or all active Trading Bots and pending orders without prior notice, and OKX shall not be liable for losses incurred in connection with such cancellation.

4.12 Regulatory and Compliance Risk. The regulatory landscape for digital asset trading and automated trading services continues to evolve rapidly. Regulatory changes, government actions, new guidance, or enforcement proceedings may affect the availability, structure, or permitted features of Trading Bot Services, require modifications to how they operate, or result in their suspension or discontinuation. OKX reserves the right to modify, suspend, or discontinue any Trading Bot feature to comply with applicable law, and such actions shall not give rise to any liability on OKX’s part.

4.13 No Substitute for Professional Advice. These Terms and the materials provided by OKX in connection with Trading Bot Services do not constitute legal, tax, or financial advice. You should consult qualified legal, tax, and financial advisers regarding the suitability of automated trading strategies for your specific circumstances, financial condition, tax obligations, and investment objectives before using any Trading Bot Service.

4.14 Portfolio Management Risk. In respect of the Portfolio Management Service, OKX acts on a discretionary basis in selecting specific Bot Parameters within your chosen Trading Style band. The parameters selected are based on historical market data and a fixed algorithmic objective function. OKX does not guarantee that algorithmically selected parameters will be optimal for prevailing or future market conditions, that any cycle will be completed profitably, or that the Portfolio Management Service will achieve your investment objectives. A bot operating under the Portfolio Management Service will stop automatically if a cycle completes with a negative net profit; this is a risk control feature and not a guarantee against loss, as losses may be incurred within a cycle prior to the stop trigger.

5. Bot Modes and User Interface

5.1 General. Trading Bot Services are accessible through two interface modes: Simple Mode and Exchange Mode. The interface mode you use determines the availability of Trading Styles. In both modes, all resulting trades are executed on your behalf by OKX. Other than FOR the Portfolio Management Service, all associated risks and responsibilities remain with you. For Trading Bots (Managed Setting), OKX provides the Portfolio Management Service as described in Section 3.1(a) and Section 3A.

5.2 Simple Mode. In Simple Mode, you select from pre-configured Trading Styles and are presented with the specific Bot Parameters selected by OKX’s algorithm for your bot (including Number of Safety Orders and Take Profit %) prior to activation. You may review these parameters and choose to activate or cancel the bot before it begins trading. Bot Parameters for new bots are determined by OKX’s algorithm based on historical market data at the time of creation and may differ between users creating bots at different times; parameters for any bot already active will not be updated during its cycle. Your activation of a Simple DCA Bot in Simple Mode constitutes your acceptance of the displayed Bot Parameters and your instruction to OKX to manage your portfolio on a discretionary basis in accordance with those parameters and your chosen Trading Style. OKX’s selection of specific Bot Parameters within the Trading Style band is made on a discretionary basis as part of the Portfolio Management Service and is not a general investment recommendation.

5.3 Exchange Mode. In Exchange Mode, you may view, configure, adjust and customize all available Bot Parameters directly. You assume sole responsibility for the configuration and trading consequences of any bot you create or modify in Exchange Mode. Advanced parameter settings — including multipliers, narrow price ranges, and high numbers of Safety Orders — may materially increase your risk exposure and should be configured only by users who fully understand their effect.

5.4 Cross-Mode Interaction. Users may view all active Trading Bots regardless of the interface mode in which they were created. However, you may only modify or stop a Trading Bot from the interface mode in which that bot was originally created. Switching between modes does not reset your risk exposure, cancel any active orders, or modify any parameters without your explicit action.

6. User Obligations

6.1 You represent and warrant that you possess sufficient knowledge, experience, and technical understanding of digital asset trading to evaluate the risks of automated trading and to assess the suitability of each Trading Bot configuration for your individual circumstances and that the information you provide to OKX in any suitability assessment conducted pursuant to Section 3A is accurate, complete, and not misleading. You agree to notify OKX promptly of any material change in your financial circumstances, investment objectives, or risk tolerance that may affect the continuing suitability of the Portfolio Management Service.

6.2 You agree to actively monitor any active Trading Bot at regular intervals, including reviewing its performance, current market conditions, and available account balance, and to take prompt action to adjust or terminate the bot when circumstances warrant.

6.3 You agree not to use Trading Bot Services in any manner that constitutes or facilitates market manipulation, wash trading, spoofing, layering, front-running, or any other conduct prohibited by the Platform Terms, applicable law, or any relevant regulatory authority. OKX reserves the right to immediately terminate Trading Bot access for any account suspected of such conduct.

6.4 You are solely responsible for ensuring that your use of Trading Bot Services complies with all applicable laws and regulations in your jurisdiction, including any requirements relating to the reporting or taxation of income or gains arising from automated trading activity. OKX does not provide tax advice and you should consult a qualified tax adviser regarding your obligations.

7. Fees

7.1 All trades executed by a Trading Bot incur the same trading fees as trades placed manually, calculated in accordance with the fee schedule set forth in the Platform Terms or as otherwise published by OKX from time to time. No separate charge is imposed for access to the Trading Bot interface itself, except as may be specified in a separate fee schedule published by OKX.

7.2 Trading fees reduce the net return of any Trading Bot strategy and should be accounted for in your evaluation of bot performance and parameter configuration. High-frequency strategies — such as Active Trading Style configurations with many small orders — may incur aggregate fees that materially reduce or eliminate potential profits. OKX makes no guarantee that any bot strategy will generate returns sufficient to offset applicable fees.

7.3 OKX reserves the right to introduce, modify, or remove fees applicable to Trading Bot Services upon notice provided in accordance with the Platform Terms.

8. Suspension and Termination

8.1 OKX may, at any time and without prior notice, suspend, restrict, or terminate your access to any or all Trading Bot Services, or pause, cancel, or force-close any active Trading Bot, for any of the following reasons: your violation of these Terms or the Platform Terms; risk control or market integrity purposes; system maintenance or upgrades; compliance with applicable law, regulatory guidance, or government orders; market disruption events; activation of circuit breakers or kill-switch controls; or any other circumstance that OKX determines, in its sole discretion, requires intervention to protect the Platform, its users, market integrity, or third parties.

8.2 Upon OKX’s suspension or termination of an active Trading Bot, outstanding orders placed by that bot may be cancelled, and any positions and account balances will be handled in accordance with OKX’s standard account procedures and the Platform Terms. OKX shall not be liable for losses incurred as a result of any suspension, termination, or forced closure of a Trading Bot under this section, including losses resulting from adverse prices at the time of termination.

9. No Warranty

To the maximum extent permitted by applicable law, OKX makes no representations or warranties of any kind, express or implied, with respect to Trading Bot Services, including any warranty of merchantability, fitness for a particular purpose, accuracy, reliability, completeness, or non-infringement. OKX does not warrant that Trading Bot Services will meet your requirements, operate without interruption or error, achieve any particular result, or that any defects will be corrected. In respect of the Portfolio Management Service, this Section does not limit OKX’s obligations under MiCA or applicable law, including the obligation to act in your best interest and conduct a suitability assessment as described in Section 3A. In respect of all other Trading Bot Services, you assume the entire risk as to quality and performance.

10. Limitation of Liability

10.1 To the fullest extent permitted by applicable law, OKX and its affiliates, officers, directors, employees, agents, successors, and licensors shall not be liable to you or any third party for any trading losses, loss of profits, loss of revenue, loss of data, loss of business opportunity, or any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or in connection with your use of Trading Bot Services, regardless of the theory of liability (including contract, tort, negligence, or otherwise) and whether or not OKX has been advised of the possibility of such damages.

10.2 Without limiting the generality of Section 10.1, OKX shall not be liable for losses arising from: the configuration, selection, or modification of Bot Parameters by you; the failure of any Trading Bot to execute orders at specific prices or times; the termination, suspension, or modification of any Trading Bot by OKX or you; market volatility, price movements, or other market conditions; technical failures, outages, API errors, or connectivity issues affecting Trading Bot operation; the activation of circuit breakers or kill-switch controls; or the acts or omissions of third parties including market participants, liquidity providers, and infrastructure service providers.

10.3 These limitations of liability are a fundamental element of the basis of the bargain between you and OKX, and OKX would not provide Trading Bot Services absent these limitations. Nothing in these Terms limits OKX’s liability for fraud, willful misconduct, gross negligence, or any other liability that cannot be excluded or limited under applicable law, including applicable consumer protection laws, including OKX’s obligations under MiCA in respect of the Portfolio Management Service, such as the obligation to act in your best interest, conduct a suitability assessment, and provide periodic reporting.

11. Indemnification

You agree to indemnify, defend, and hold harmless OKX and its affiliates, officers, directors, employees, agents, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: your use of Trading Bot Services; your violation of these Terms or the Platform Terms; your violation of any applicable law, regulation, or third-party right; any trades executed by a Trading Bot operating under parameters you configured, selected, or accepted; or any claim by a third party arising from your use of Trading Bot Services.

12. Amendments

OKX may amend these Terms at any time by posting updated Terms on the Platform. OKX will endeavor to provide reasonable advance notice of material amendments through the Platform or by email to your registered address. Your continued use of any Trading Bot Service after the effective date of an amendment constitutes your acceptance of the amended Terms. If you do not agree to an amendment, you must cease using all Trading Bot Services before the effective date of the amendment.

13. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of Malta, without regard to its conflict of laws provisions.

14. Miscellaneous

14.1 Severability. If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or, if modification is not possible, severed from these Terms, and the remaining provisions shall continue in full force and effect.

14.2 Entire Agreement. These Terms, together with the Platform Terms and any other agreements incorporated therein by reference, constitute the entire agreement between you and OKX with respect to Trading Bot Services and supersede all prior representations, understandings, and agreements relating to the same subject matter.

14.3 No Waiver. OKX’s failure or delay in enforcing any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of OKX to be effective.

14.4 Contact. For questions regarding these Terms, please contact OKX through the Support Center accessible from the Platform.