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Singapore Addendum
Ultimo aggiornamento: March 16, 2025
RISK WARNING ON DIGITAL PAYMENT TOKEN SERVICES
The Monetary Authority of Singapore (“MAS”) requires Gemini Digital Payments Pte. Ltd. (“Gemini SG”) to provide this risk warning to you as a customer of a digital payment token (“DPT”) service provider.
Before you pay your DPT service provider any money or DPT, you should be aware of the following.
(a) Your DPT service provider is licensed by the MAS to provide DPT services. Please
note that this does not mean you will be able to recover all the money or DPTs you paid
to your DPT service provider if your DPT service provider’s business fails.
(b) You should not transact in a DPT if you are not familiar with the DPT. This includes how
the DPT is created, and how the DPT you intend to transact is transferred or held by
your DPT service provider.
(c) You should be aware that the value of DPTs may fluctuate greatly. You should buy
DPTs only if you are prepared to accept the risk of losing all of the money you put into
such tokens.
(d) You should be aware that your DPT service provider, as part of its licence to provide
DPT services, may offer services related to DPTs which are promoted as having a
stable value, commonly known as “stablecoin”.
(a) Your DPT service provider is licensed by the MAS to provide DPT services. Please
note that this does not mean you will be able to recover all the money or DPTs you paid
to your DPT service provider if your DPT service provider’s business fails.
(b) You should not transact in a DPT if you are not familiar with the DPT. This includes how
the DPT is created, and how the DPT you intend to transact is transferred or held by
your DPT service provider.
(c) You should be aware that the value of DPTs may fluctuate greatly. You should buy
DPTs only if you are prepared to accept the risk of losing all of the money you put into
such tokens.
(d) You should be aware that your DPT service provider, as part of its licence to provide
DPT services, may offer services related to DPTs which are promoted as having a
stable value, commonly known as “stablecoin”.
1. Introduction
1.1 This addendum applies in relation to the User Agreement and the Custody Agreement
(together the “Agreement”) entered into between Gemini SG and a Singapore customer (the
“Addendum”). In this Addendum, “you”, “your”, and any other cognate terms are a reference to
such a customer in Singapore. Where there is an overlap and/or conflict between the terms of the
Agreement and the Addendum or where the terms of the Agreement are silent on a particular
matter but such matter is covered by the terms of the Addendum, the terms set out in the
Addendum shall prevail.
1.2 Gemini SG has an in-principle approval for the major payment institution license (“MPIL”), for
providing: (a) cross-border money transfer service; and (b) digital payment token service
(including provision of custodial services for digital payment tokens), as defined under the
Payment Services Act 2019 (“PSA”).1.3 This Addendum sets out the Singapore-specific terms, including the custody and safeguarding
arrangements of the fiat money and digital assets received from customers, to which a customer in
Singapore agrees or consents, as the case may be, and contains the disclosures with which Gemini
SG must comply as a matter of its obligations under the PSA, the Payment Services Regulations
(“PSR”) and notices and guidelines promulgated thereunder.
providing: (a) cross-border money transfer service; and (b) digital payment token service
(including provision of custodial services for digital payment tokens), as defined under the
Payment Services Act 2019 (“PSA”).1.3 This Addendum sets out the Singapore-specific terms, including the custody and safeguarding
arrangements of the fiat money and digital assets received from customers, to which a customer in
Singapore agrees or consents, as the case may be, and contains the disclosures with which Gemini
SG must comply as a matter of its obligations under the PSA, the Payment Services Regulations
(“PSR”) and notices and guidelines promulgated thereunder.
2. Custody and Safeguarding of fiat money received from you:
2.1 Gemini SG receives fiat currency from you for the purposes of making purchases and payments
on its online platform, including the exchange. Such fiat currency is safeguarded by Gemini SG for
your benefit in a trust account opened with a safeguarding institution. The safeguarding institution
with which Gemini SG will hold your fiat money in the trust account is DBS Bank Ltd. (“DBS”).
on its online platform, including the exchange. Such fiat currency is safeguarded by Gemini SG for
your benefit in a trust account opened with a safeguarding institution. The safeguarding institution
with which Gemini SG will hold your fiat money in the trust account is DBS Bank Ltd. (“DBS”).
2.2 Gemini SG will hold the fiat money received from you on your behalf and this money will be
segregated from and held separately from Gemini SG’s corporate funds.
segregated from and held separately from Gemini SG’s corporate funds.
2.3 The fiat money received from you will be held together with, and commingled with, the fiat money
received by Gemini SG from its other customers, in an omnibus account.
received by Gemini SG from its other customers, in an omnibus account.
2.4 As your fiat money is commingled with those of the other customers of Gemini SG, if Gemini SG
or DBS become insolvent, you may not have a legal claim against a specific amount of fiat money.
Instead, any claim will be generally against the omnibus account. If there is an unreconciled shortfall,
you may not receive your full entitlement to the fiat money and you may have to share the shortfall
proportionately with other customers of Gemini SG.
or DBS become insolvent, you may not have a legal claim against a specific amount of fiat money.
Instead, any claim will be generally against the omnibus account. If there is an unreconciled shortfall,
you may not receive your full entitlement to the fiat money and you may have to share the shortfall
proportionately with other customers of Gemini SG.
2.5 With reference to Regulation 16(4) of the PSR, you hereby agree with Gemini SG that any
interest earned from the maintenance of fiat money in the trust account with DBS will not accrue to
you. In other words, all such interest shall be retained by Gemini SG and to avoid doubt shall not
constitute “relevant money” liable to be safeguarded under Section 23 of the PSA.
interest earned from the maintenance of fiat money in the trust account with DBS will not accrue to
you. In other words, all such interest shall be retained by Gemini SG and to avoid doubt shall not
constitute “relevant money” liable to be safeguarded under Section 23 of the PSA.
3. Custody and Safeguarding of digital assets received from you:
3.1 Gemini SG safeguards your digital assets on your behalf in designated trust accounts
maintained by one or more regulated affiliates of Gemini SG (“Regulated Affiliates”). Gemini SG
continues to maintain control and exercise governance over the digital assets. The Regulated
Affiliates will hold and record your digital assets in accordance with Gemini SG’s instructions, and
our Operations team will be providing information for the instructions and transfers of these digital
assets. The Regulated Affiliates will provide sufficient information to Gemini SG on a timely basis as
Gemini SG may reasonably require to comply with Gemini SG’s record-keeping obligations under
any written law. Gemini SG will not permit any withdrawal of your assets from the trust account,
except for delivery of your assets to Gemini SG or to any other person upon receipt of Gemini SG’s
written instructions. The trust accounts are located outside Singapore, where the laws and practices
may be different from the laws and practices in Singapore, which might affect your ability to recover
your assets, such as delaying the recovery process.
maintained by one or more regulated affiliates of Gemini SG (“Regulated Affiliates”). Gemini SG
continues to maintain control and exercise governance over the digital assets. The Regulated
Affiliates will hold and record your digital assets in accordance with Gemini SG’s instructions, and
our Operations team will be providing information for the instructions and transfers of these digital
assets. The Regulated Affiliates will provide sufficient information to Gemini SG on a timely basis as
Gemini SG may reasonably require to comply with Gemini SG’s record-keeping obligations under
any written law. Gemini SG will not permit any withdrawal of your assets from the trust account,
except for delivery of your assets to Gemini SG or to any other person upon receipt of Gemini SG’s
written instructions. The trust accounts are located outside Singapore, where the laws and practices
may be different from the laws and practices in Singapore, which might affect your ability to recover
your assets, such as delaying the recovery process.
3.2 While your assets are held by Gemini SG in designated trust accounts maintained by its
Regulated Affiliates, in case of any default by any of such Regulated Affiliates or any loss of your
assets in such trust accounts caused by fraud or negligence on the part of such Regulated Affiliates
or such Regulated Affiliates’ agents, Gemini SG shall be liable to you.
Regulated Affiliates, in case of any default by any of such Regulated Affiliates or any loss of your
assets in such trust accounts caused by fraud or negligence on the part of such Regulated Affiliates
or such Regulated Affiliates’ agents, Gemini SG shall be liable to you.
3.3 In case of any loss of your assets arising from fraud or negligence on the part of Gemini SG:
3.3.1 Please contact Gemini SG immediately through our Help Center. Gemini SG will
consider your complaint based on the information provided by you and will endeavour to
respond with a written decision addressing the issues raised within 45 Business Days after
Gemini SG receives your complaint. If the complaint remains unresolved, you may escalate
your complaint via the dispute resolution process set out in Section 10.
3.3.2 The quantum of the offer of resolution, or any analogous compensation for your lost
assets, will be capped at the value of the assets that were lost as a result of the disputed
transaction(s). Gemini SG’s determination of the value of the assets that were lost will be final
and binding. This compensation may be adjusted for any contributory negligence, act, or
omission on your part.
3.3.3 Gemini SG will not be liable for the types of losses set out under the Disclaimer of
Liabilities section of the User Agreement. For the avoidance of doubt, Gemini SG is not liable
for any loss that you may sustain if you have been fraudulent or negligent, including where: (i)
you have carried out any transaction on the instructions of a third party (or have allowed a third
party to remotely access or share your computer while logged in to your Gemini Account); or
(ii) your login credentials or API key were compromised.
3.3.1 Please contact Gemini SG immediately through our Help Center. Gemini SG will
consider your complaint based on the information provided by you and will endeavour to
respond with a written decision addressing the issues raised within 45 Business Days after
Gemini SG receives your complaint. If the complaint remains unresolved, you may escalate
your complaint via the dispute resolution process set out in Section 10.
3.3.2 The quantum of the offer of resolution, or any analogous compensation for your lost
assets, will be capped at the value of the assets that were lost as a result of the disputed
transaction(s). Gemini SG’s determination of the value of the assets that were lost will be final
and binding. This compensation may be adjusted for any contributory negligence, act, or
omission on your part.
3.3.3 Gemini SG will not be liable for the types of losses set out under the Disclaimer of
Liabilities section of the User Agreement. For the avoidance of doubt, Gemini SG is not liable
for any loss that you may sustain if you have been fraudulent or negligent, including where: (i)
you have carried out any transaction on the instructions of a third party (or have allowed a third
party to remotely access or share your computer while logged in to your Gemini Account); or
(ii) your login credentials or API key were compromised.
3.4 Your assets will be kept separate from any assets belonging to the Regulated Entities. Gemini
SG will hold your digital assets in two types of trust accounts-depository accounts and segregated
custody accounts.
3.4.1 In segregated custody accounts, your digital assets will not be commingled with the digital
assets of other customers or the digital assets of Gemini SG or any of its Regulated Affiliates.
3.4.2 Your digital assets held in the depository accounts will be commingled with the digital assets of
Gemini SG’s other customers as well as the digital assets of the Regulated Affiliates’
customers. However, such digital assets held in the depository accounts will be segregated
from Gemini SG’s and its Regulated Affiliates’ digital payment tokens, as well as their
business, operating and reserve digital payment token accounts.
SG will hold your digital assets in two types of trust accounts-depository accounts and segregated
custody accounts.
3.4.1 In segregated custody accounts, your digital assets will not be commingled with the digital
assets of other customers or the digital assets of Gemini SG or any of its Regulated Affiliates.
3.4.2 Your digital assets held in the depository accounts will be commingled with the digital assets of
Gemini SG’s other customers as well as the digital assets of the Regulated Affiliates’
customers. However, such digital assets held in the depository accounts will be segregated
from Gemini SG’s and its Regulated Affiliates’ digital payment tokens, as well as their
business, operating and reserve digital payment token accounts.
3.5 As a result of commingling your digital assets with the digital assets of Gemini SG’s other
customers and the digital assets of the Regulated Affiliates’ customers, your interest in your digital
assets may not be identifiable by separate physical documents or electronic records. In this regard,
Gemini SG and its Regulated Affiliates maintain a record of your ownership of digital assets held in the depository accounts on their internal ledger and the amount and type of digital assets held by you is also reflected in your account on the digital platform.
customers and the digital assets of the Regulated Affiliates’ customers, your interest in your digital
assets may not be identifiable by separate physical documents or electronic records. In this regard,
Gemini SG and its Regulated Affiliates maintain a record of your ownership of digital assets held in the depository accounts on their internal ledger and the amount and type of digital assets held by you is also reflected in your account on the digital platform.
3.6 In depository accounts, as your digital assets are commingled with those of the other customers
of Gemini SG as well as the customers of the Regulated Affiliates, if Gemini SG or any of the
Regulated Affiliates become insolvent, you may not have a legal claim against a specific amount of
digital assets. Instead, any claim will be generally against the depository account. If there is an
unreconciled shortfall, you may not receive your full entitlement to the digital assets, or the value of
the digital assets in fiat money and you may have to share the shortfall proportionately with the other
customers of Gemini SG and the customers of the Regulated Affiliates.
of Gemini SG as well as the customers of the Regulated Affiliates, if Gemini SG or any of the
Regulated Affiliates become insolvent, you may not have a legal claim against a specific amount of
digital assets. Instead, any claim will be generally against the depository account. If there is an
unreconciled shortfall, you may not receive your full entitlement to the digital assets, or the value of
the digital assets in fiat money and you may have to share the shortfall proportionately with the other
customers of Gemini SG and the customers of the Regulated Affiliates.
3.7 Gemini SG will store your digital assets in both hot wallets, which are connected to the internet,
and cold wallets, which are off-line and secure against any online attacks. Gemini SG stores some
percentage of your digital assets in hot wallets to allow for immediate access of digital assets for
trading and withdrawals. Gemini SG or its affiliates secure insurance to protect the digital assets in
both hot wallets and cold wallets from theft or loss (further details on this can be found here), and no
more than 10% of the total digital assets of our customers are kept in hot wallets. This does not
change either your access to or your right to withdraw any or all of your assets at any time, nor does
it change or impact Gemini SG’s obligations to fully safeguard all of your funds.
and cold wallets, which are off-line and secure against any online attacks. Gemini SG stores some
percentage of your digital assets in hot wallets to allow for immediate access of digital assets for
trading and withdrawals. Gemini SG or its affiliates secure insurance to protect the digital assets in
both hot wallets and cold wallets from theft or loss (further details on this can be found here), and no
more than 10% of the total digital assets of our customers are kept in hot wallets. This does not
change either your access to or your right to withdraw any or all of your assets at any time, nor does
it change or impact Gemini SG’s obligations to fully safeguard all of your funds.
3.8 Any entitlements accruing to you will be reflected in your account in real time and you will have
full right of ownership over such entitlements.
full right of ownership over such entitlements.
3.9 Gemini SG does not charge you for holding your digital assets in depository accounts. For digital
assets held in segregated custody accounts, Gemini SG charges the fees as specified in the Custody Fee Schedule.
assets held in segregated custody accounts, Gemini SG charges the fees as specified in the Custody Fee Schedule.
3.10 Gemini SG does not currently take and hold your digital assets as collateral to meet your
liabilities to Gemini SG.
liabilities to Gemini SG.
3.11 You agree and acknowledge that any instruction to and from Gemini SG regarding your digital
assets will be given through the digital platform. Gemini SG does not permit your giving of authority
to another person to give or receive instructions from Gemini SG.
assets will be given through the digital platform. Gemini SG does not permit your giving of authority
to another person to give or receive instructions from Gemini SG.
3.12 You may contact Gemini SG for more information relating to the holding of your digital assets.
4. Prohibition on Incentives, Credit and Leverage Transactions
4.1 Incentives and Gifts. Gemini SG does not offer any incentives or gifts to retail customers to
engage in digital asset services. This includes, but is not limited to, sign-up incentives, referral
incentives, and promotions involving the provision of trading credits or digital assets.
engage in digital asset services. This includes, but is not limited to, sign-up incentives, referral
incentives, and promotions involving the provision of trading credits or digital assets.
4.2 Credit Facilities and Leverage. Gemini SG does not offer credit facilities, loans of digital assets,
or leverage (including margin trading) to retail customers. Retail customers are prohibited from entering into any leveraged digital asset transactions with Gemini SG, and Gemini SG does not
facilitate or induce retail customers to engage in such activities with third parties.
or leverage (including margin trading) to retail customers. Retail customers are prohibited from entering into any leveraged digital asset transactions with Gemini SG, and Gemini SG does not
facilitate or induce retail customers to engage in such activities with third parties.
4.3 Digital Asset Derivatives Contracts. Gemini SG does not offer or facilitate the offering of digital
asset derivatives contracts to retail customers, including any form of contracts-for-difference (CFD)
or futures contracts referencing digital assets.
asset derivatives contracts to retail customers, including any form of contracts-for-difference (CFD)
or futures contracts referencing digital assets.
4.4 Payments Using Credit or Charge Cards. Gemini SG does not accept payments from retail
customers using credit or charge cards for any digital asset services or to fund any accounts related
to digital asset services.
customers using credit or charge cards for any digital asset services or to fund any accounts related
to digital asset services.
5. Statement of Account
5.1 You consent to receiving a statement of account containing, where applicable, the following
particulars, electronically, in your account on the Gemini platform:
(a) transactions to purchase or sell assets entered into by you and the price at which the transactions
are entered into;
(b) the status of every asset in Gemini SG’s custody held for you;
(c) the movement of your every asset, the date of and reasons for such movement, and the
amount of the asset involved;
(d) the movement and balance of relevant money received from you, or on account of you, in
respect of the provision of a digital payment token service; and
(e) a detailed account of all financial charges and credits to your account during the monthly
statement period, unless the detailed account of financial charges and credits has been included
in any contract note or tax invoice issued by Gemini SG to you.
particulars, electronically, in your account on the Gemini platform:
(a) transactions to purchase or sell assets entered into by you and the price at which the transactions
are entered into;
(b) the status of every asset in Gemini SG’s custody held for you;
(c) the movement of your every asset, the date of and reasons for such movement, and the
amount of the asset involved;
(d) the movement and balance of relevant money received from you, or on account of you, in
respect of the provision of a digital payment token service; and
(e) a detailed account of all financial charges and credits to your account during the monthly
statement period, unless the detailed account of financial charges and credits has been included
in any contract note or tax invoice issued by Gemini SG to you.
6. Rights arising from Digital Assets, Forks and Airdrops
6.1 You acknowledge that in using the services provided by Gemini SG, there is a risk that forks
and / or airdrops will have a potential adverse effect on the value and operation of digital assets
you participate in, and Gemini SG is not responsible for this.
and / or airdrops will have a potential adverse effect on the value and operation of digital assets
you participate in, and Gemini SG is not responsible for this.
6.2 Gemini SG will assess at its sole discretion whether it supports a fork or airdrop, and Gemini SG is under no obligation to support any fork or airdrop.
6.3 Gemini SG will use reasonable effort to provide you with notice of forks and airdrops it accepts, by publishing such notice on the digital platform.
6.4 If there is a fork or airdrop Gemini SG accepts, Gemini SG may determine in its sole discretion,
whether to credit any digital assets and/or received by it to your account, and upon what terms to
do so. Gemini SG will not be liable to you for failure to credit any digital assets and/or benefits to
you. You further agree that any digital assets and/or benefits in relation to an airdrop or fork do not
create or represent any relationship between Gemini SG and the sender and/or the related digital
asset network, and that Gemini SG is not subject to any obligations whatsoever as they relate to
the sender and/or the related digital asset network.
whether to credit any digital assets and/or received by it to your account, and upon what terms to
do so. Gemini SG will not be liable to you for failure to credit any digital assets and/or benefits to
you. You further agree that any digital assets and/or benefits in relation to an airdrop or fork do not
create or represent any relationship between Gemini SG and the sender and/or the related digital
asset network, and that Gemini SG is not subject to any obligations whatsoever as they relate to
the sender and/or the related digital asset network.
7. Conflicts of interest
8. Issuing of GUSD
8.1 Please refer to our Conflicts of Interest Policy in Section 7 above.
9. Digital Payment Tokens Listing, Delisting and Governance Policy Statement
9.1 Please refer to our Digital Payment Tokens Listing, Delisting and Governance Policy
Statement here.
Statement here.
10. Dispute Resolution
10.1 You and Gemini SG and its affiliates agree and understand that any controversy, claim or
dispute arising out of or in connection with the Agreement, the Addendum and/or your relationship
with Gemini SG, including any question regarding the existence, validity, scope or termination of
the said Agreement, Addendum and/or relationship, shall be referred to and finally resolved by
arbitration administered by the Singapore International Arbitration Centre (“SIAC”), in accordance
with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in
force, which rules are deemed to be incorporated by reference in this clause, provided always that
Gemini SG and its affiliates shall have the sole discretion to commence proceedings in the
Singapore Courts if it deems fit. You hereby agree not to raise any cross-claim, counter-claim
and/or defence of set-off whatsoever (including but not limited to equitable set-off) in such
Singapore Court proceedings and agree that any cross-claim, counter-claim and/or defence of
set-off you may have advanced in such Court proceedings shall instead remain subject to this
arbitration agreement.
10.2 The seat of the arbitration shall be Singapore and the language of the arbitration shall be
English. The Tribunal shall consist of one arbitrator appointed by the President of the SIAC Court
of Arbitration. The law governing this arbitration agreement shall be Singapore law.
10.1 You and Gemini SG and its affiliates agree and understand that any controversy, claim or
dispute arising out of or in connection with the Agreement, the Addendum and/or your relationship
with Gemini SG, including any question regarding the existence, validity, scope or termination of
the said Agreement, Addendum and/or relationship, shall be referred to and finally resolved by
arbitration administered by the Singapore International Arbitration Centre (“SIAC”), in accordance
with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in
force, which rules are deemed to be incorporated by reference in this clause, provided always that
Gemini SG and its affiliates shall have the sole discretion to commence proceedings in the
Singapore Courts if it deems fit. You hereby agree not to raise any cross-claim, counter-claim
and/or defence of set-off whatsoever (including but not limited to equitable set-off) in such
Singapore Court proceedings and agree that any cross-claim, counter-claim and/or defence of
set-off you may have advanced in such Court proceedings shall instead remain subject to this
arbitration agreement.
10.2 The seat of the arbitration shall be Singapore and the language of the arbitration shall be
English. The Tribunal shall consist of one arbitrator appointed by the President of the SIAC Court
of Arbitration. The law governing this arbitration agreement shall be Singapore law.
10.3 You and Gemini SG and its affiliates expressly agree that any dispute about the scope of
this arbitration agreement and/or the arbitrability of any particular dispute shall be resolved in
arbitration in accordance with this section. You and Gemini SG and its affiliates expressly agree
that an arbitrator may issue all appropriate declaratory and injunctive reliefs necessary to ensure
the arbitration of disputes (but only in favor of the individual party seeking relief and only to the
extent necessary to provide the relief warranted by that party’s individual claim). You and Gemini
and its affiliates agree to keep any arbitration strictly confidential.
10.4 You and Gemini SG and its affiliates agree that this arbitration agreement applies only to
you and Gemini SG and its affiliates and that no other parties are bound by or party to this
arbitration agreement. You are aware that Gemini is entering into this arbitration agreement on
behalf of its affiliates, and you undertake not to raise any argument that this arbitration agreement
is not valid vis-à-vis Gemini’s affiliates. If you nevertheless take the position that the arbitration
agreement is not binding on any of Gemini’s affiliates for any reason, you undertake to seek the
relevant Gemini affiliate(s)’ consent to resolve the dispute in accordance with the terms of this
clause 10 (including the Dispute Notice, resolution and arbitration process) and wait 14 days for
their response before you may commence any proceedings against that Gemini affiliate(s).
10.5 You and Gemini SG and its affiliates agree that you shall not at any time make any
application for the joinder of one or more additional parties to any arbitration commenced under
this arbitration agreement.
10.6 You and Gemini SG and its affiliates agree that you shall not at any time make any
application to consolidate any arbitration commenced under this arbitration agreement with any
other arbitration, whether commenced under this arbitration agreement or otherwise.
10.7 You and Gemini SG and its affiliates agree that the arbitrator shall have the authority to order
any remedies, legal or equitable, which a party could obtain from a court of competent jurisdiction
in an individual case based on the claims asserted, and nothing more. The arbitrator shall not
award punitive or exemplary damages to either party, unless such remedies would otherwise be
available under applicable law.
10.8 You and Gemini SG and its affiliates agree that good-faith, informal efforts to resolve disputes
often can result in a prompt, low-cost, and mutually beneficial outcome. Therefore, a party who
intends to seek arbitration must first send to the other a written notice of dispute (“Dispute
Notice”). Any Dispute Notice sent to Gemini SG or its affiliates must be sent to
support@gemini.com (“Notice Address”). Any Dispute Notice to you by Gemini SG or its affiliates
will be sent to the email address registered with your Gemini Account. Any Dispute Notice must
include: (a) the name, address, and email address of the party providing the Dispute Notice; (b) a
description of the nature and basis of the claim or dispute, including any relevant facts regarding
Gemini or your use of Gemini; (c) an explanation of the specific relief sought, including the total
damages sought, if any, and the basis for the damage calculations; (d) a signed statement from
the party providing the Dispute Notice verifying the accuracy of the contents of the Dispute Notice;
and (e) if the dispute is from you, and you have retained an attorney, a signed statement from you
this arbitration agreement and/or the arbitrability of any particular dispute shall be resolved in
arbitration in accordance with this section. You and Gemini SG and its affiliates expressly agree
that an arbitrator may issue all appropriate declaratory and injunctive reliefs necessary to ensure
the arbitration of disputes (but only in favor of the individual party seeking relief and only to the
extent necessary to provide the relief warranted by that party’s individual claim). You and Gemini
and its affiliates agree to keep any arbitration strictly confidential.
10.4 You and Gemini SG and its affiliates agree that this arbitration agreement applies only to
you and Gemini SG and its affiliates and that no other parties are bound by or party to this
arbitration agreement. You are aware that Gemini is entering into this arbitration agreement on
behalf of its affiliates, and you undertake not to raise any argument that this arbitration agreement
is not valid vis-à-vis Gemini’s affiliates. If you nevertheless take the position that the arbitration
agreement is not binding on any of Gemini’s affiliates for any reason, you undertake to seek the
relevant Gemini affiliate(s)’ consent to resolve the dispute in accordance with the terms of this
clause 10 (including the Dispute Notice, resolution and arbitration process) and wait 14 days for
their response before you may commence any proceedings against that Gemini affiliate(s).
10.5 You and Gemini SG and its affiliates agree that you shall not at any time make any
application for the joinder of one or more additional parties to any arbitration commenced under
this arbitration agreement.
10.6 You and Gemini SG and its affiliates agree that you shall not at any time make any
application to consolidate any arbitration commenced under this arbitration agreement with any
other arbitration, whether commenced under this arbitration agreement or otherwise.
10.7 You and Gemini SG and its affiliates agree that the arbitrator shall have the authority to order
any remedies, legal or equitable, which a party could obtain from a court of competent jurisdiction
in an individual case based on the claims asserted, and nothing more. The arbitrator shall not
award punitive or exemplary damages to either party, unless such remedies would otherwise be
available under applicable law.
10.8 You and Gemini SG and its affiliates agree that good-faith, informal efforts to resolve disputes
often can result in a prompt, low-cost, and mutually beneficial outcome. Therefore, a party who
intends to seek arbitration must first send to the other a written notice of dispute (“Dispute
Notice”). Any Dispute Notice sent to Gemini SG or its affiliates must be sent to
support@gemini.com (“Notice Address”). Any Dispute Notice to you by Gemini SG or its affiliates
will be sent to the email address registered with your Gemini Account. Any Dispute Notice must
include: (a) the name, address, and email address of the party providing the Dispute Notice; (b) a
description of the nature and basis of the claim or dispute, including any relevant facts regarding
Gemini or your use of Gemini; (c) an explanation of the specific relief sought, including the total
damages sought, if any, and the basis for the damage calculations; (d) a signed statement from
the party providing the Dispute Notice verifying the accuracy of the contents of the Dispute Notice;
and (e) if the dispute is from you, and you have retained an attorney, a signed statement from you
authorizing Gemini to disclose your account details to your attorney if necessary in resolving your
claim or dispute. Any Dispute Notice from you must be individualized, meaning it can only concern
your dispute and no other person’s dispute. And any Dispute Notice from Gemini SG or its
affiliates must be individualized, meaning it can only concern you and no other person. You agree
that compliance with these informal dispute resolution procedures is a condition precedent to
commencing arbitration, and that the arbitrator shall dismiss any arbitration filed without fully and
completely complying with these informal dispute resolution procedures.
10.9 If you and Gemini SG or its affiliates do not reach an agreement to resolve a claim within 60
days after a Dispute Notice is received, you or Gemini SG or its affiliates may commence an
arbitration proceeding; except that, if either you or Gemini SG or its affiliates send the other an
incomplete Dispute Notice, the 60-day period begins only after a complete Dispute Notice is
received. The statute of limitations and any filing fee deadlines shall be tolled while the parties
engage in these informal dispute resolution procedures.
10.10 You and Gemini SG and its affiliates agree to abide by all decisions and awards rendered in
such proceedings and you and Gemini SG and its affiliates agree that such decisions and awards
rendered by the arbitrator shall be final and conclusive.
10.11 You and Gemini SG and its affiliates agree that you shall not seek emergency relief from
any court, including without limitation temporary restraining orders and/or preliminary injunctions.
You and Gemini SG and its affiliates agree that, to the extent you breach the Agreement by
seeking such emergency relief from a court, you shall be responsible for paying Gemini SG’s or its
affiliate(s)’ attorneys’ fees in opposing such relief, and the arbitrator shall render an award of such
attorneys’ fees at the earliest possible time after such fees are incurred.
10.12 Notwithstanding the foregoing obligation to settle disputes through arbitration, you or
Gemini SG or its affiliates may assert claims, if they qualify, in the Small Claims Tribunals in
Singapore. However, if the claims are transferred, removed, or appealed to a different court, they
shall be subject to arbitration on the terms set out above.
10.13 You and Gemini SG and its affiliates agree that you or Gemini SG or its affiliates may,
without inconsistency with this arbitration provision, apply to any court for an order enforcing the
arbitral award. You and Gemini SG and its affiliates irrevocably and unconditionally agree to waive
any objection that you or Gemini SG or its affiliates may now or hereafter have to the laying of
venue of any action or proceeding relating to enforcement of the arbitral award in the courts
located in Singapore.
10.14 You and Gemini and its affiliates agree that all such controversies, claims, or disputes shall
be settled in this manner in lieu of any action at law or equity.
10.15 IF FOR ANY REASON THIS ARBITRATION AGREEMENT BECOMES NOT APPLICABLE
OR FOR ANY OTHER REASON LITIGATION PROCEEDS IN COURT, THEN THE PARTIES
AGREE THAT YOU AND GEMINI SG SUBMIT TO THE EXCLUSIVE JURISDICTION AND
claim or dispute. Any Dispute Notice from you must be individualized, meaning it can only concern
your dispute and no other person’s dispute. And any Dispute Notice from Gemini SG or its
affiliates must be individualized, meaning it can only concern you and no other person. You agree
that compliance with these informal dispute resolution procedures is a condition precedent to
commencing arbitration, and that the arbitrator shall dismiss any arbitration filed without fully and
completely complying with these informal dispute resolution procedures.
10.9 If you and Gemini SG or its affiliates do not reach an agreement to resolve a claim within 60
days after a Dispute Notice is received, you or Gemini SG or its affiliates may commence an
arbitration proceeding; except that, if either you or Gemini SG or its affiliates send the other an
incomplete Dispute Notice, the 60-day period begins only after a complete Dispute Notice is
received. The statute of limitations and any filing fee deadlines shall be tolled while the parties
engage in these informal dispute resolution procedures.
10.10 You and Gemini SG and its affiliates agree to abide by all decisions and awards rendered in
such proceedings and you and Gemini SG and its affiliates agree that such decisions and awards
rendered by the arbitrator shall be final and conclusive.
10.11 You and Gemini SG and its affiliates agree that you shall not seek emergency relief from
any court, including without limitation temporary restraining orders and/or preliminary injunctions.
You and Gemini SG and its affiliates agree that, to the extent you breach the Agreement by
seeking such emergency relief from a court, you shall be responsible for paying Gemini SG’s or its
affiliate(s)’ attorneys’ fees in opposing such relief, and the arbitrator shall render an award of such
attorneys’ fees at the earliest possible time after such fees are incurred.
10.12 Notwithstanding the foregoing obligation to settle disputes through arbitration, you or
Gemini SG or its affiliates may assert claims, if they qualify, in the Small Claims Tribunals in
Singapore. However, if the claims are transferred, removed, or appealed to a different court, they
shall be subject to arbitration on the terms set out above.
10.13 You and Gemini SG and its affiliates agree that you or Gemini SG or its affiliates may,
without inconsistency with this arbitration provision, apply to any court for an order enforcing the
arbitral award. You and Gemini SG and its affiliates irrevocably and unconditionally agree to waive
any objection that you or Gemini SG or its affiliates may now or hereafter have to the laying of
venue of any action or proceeding relating to enforcement of the arbitral award in the courts
located in Singapore.
10.14 You and Gemini and its affiliates agree that all such controversies, claims, or disputes shall
be settled in this manner in lieu of any action at law or equity.
10.15 IF FOR ANY REASON THIS ARBITRATION AGREEMENT BECOMES NOT APPLICABLE
OR FOR ANY OTHER REASON LITIGATION PROCEEDS IN COURT, THEN THE PARTIES
AGREE THAT YOU AND GEMINI SG SUBMIT TO THE EXCLUSIVE JURISDICTION AND
VENUE OF THE COURTS LOCATED IN SINGAPORE AND YOU AGREE NOT TO INSTITUTE
ANY SUCH ACTION OR PROCEEDING IN ANY OTHER COURT IN ANY OTHER
JURISDICTION.
EVEN IF YOU AND GEMINI SG OR ITS AFFILIATES HAVE ENTERED INTO ANY OTHER
AGREEMENT, THESE DISPUTE RESOLUTION TERMS SHALL GOVERN THE RESOLUTION
OF ANY AND ALL DISPUTES ARISING FROM OR RELATED TO THE RELATIONSHIP
BETWEEN YOU AND GEMINI SG AND ITS AFFILIATES, EXCEPT AS PROVIDED BELOW.
10.16 You agree that this section of this User Agreement has been included to rapidly and
inexpensively resolve any disputes with respect to the matters described herein, and that this
section shall be grounds for stay or dismissal of any court action commenced by you with respect
to a dispute arising out of such matters.
10.17 You and Gemini SG and its affiliates agree that if any part of this arbitration agreement is later
deemed invalid as a matter of law, then the remaining portions of this section shall remain in effect.
11. Waiver of Representative Proceedings
11.1 You agree that, unless prohibited by law, there shall be no authority for any claims to be
arbitrated or litigated on a class or representative basis, and any arbitration conducted under Section
10 above will only decide a dispute between you and Gemini SG or its affiliates. In this regard, you
and Gemini SG and its affiliates agree that you do not share any common interest with any other
customers or clients of Gemini SG or its affiliates. You and Gemini SG and its affiliates agree that
you shall not join any representative proceeding against Gemini SG or its affiliates under the
Singapore Rules of Court 2021 or any other class or representative action against Gemini SG or its
affiliates (whether in Singapore or any other jurisdiction). You and Gemini SG and its affiliates agree
that you shall not give your consent in writing to any representative to represent you in any class or
representative action or allow yourself to be included in a list of claimants attached to the originating
claim, originating application or originating process of any class or representative action.
11.2 You and Gemini SG and its affiliates agree that if any part of this section is later deemed invalid
as a matter of law, then the remaining portions of this section shall remain in effect, except that in no
case shall there be a class or representative action.
YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU ARE
WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
11.3 You and Gemini SG and its affiliates agree that if any part of this arbitration agreement is later
deemed invalid as a matter of law, then the remaining portions of this section shall remain in effect.
ANY SUCH ACTION OR PROCEEDING IN ANY OTHER COURT IN ANY OTHER
JURISDICTION.
EVEN IF YOU AND GEMINI SG OR ITS AFFILIATES HAVE ENTERED INTO ANY OTHER
AGREEMENT, THESE DISPUTE RESOLUTION TERMS SHALL GOVERN THE RESOLUTION
OF ANY AND ALL DISPUTES ARISING FROM OR RELATED TO THE RELATIONSHIP
BETWEEN YOU AND GEMINI SG AND ITS AFFILIATES, EXCEPT AS PROVIDED BELOW.
10.16 You agree that this section of this User Agreement has been included to rapidly and
inexpensively resolve any disputes with respect to the matters described herein, and that this
section shall be grounds for stay or dismissal of any court action commenced by you with respect
to a dispute arising out of such matters.
10.17 You and Gemini SG and its affiliates agree that if any part of this arbitration agreement is later
deemed invalid as a matter of law, then the remaining portions of this section shall remain in effect.
11. Waiver of Representative Proceedings
11.1 You agree that, unless prohibited by law, there shall be no authority for any claims to be
arbitrated or litigated on a class or representative basis, and any arbitration conducted under Section
10 above will only decide a dispute between you and Gemini SG or its affiliates. In this regard, you
and Gemini SG and its affiliates agree that you do not share any common interest with any other
customers or clients of Gemini SG or its affiliates. You and Gemini SG and its affiliates agree that
you shall not join any representative proceeding against Gemini SG or its affiliates under the
Singapore Rules of Court 2021 or any other class or representative action against Gemini SG or its
affiliates (whether in Singapore or any other jurisdiction). You and Gemini SG and its affiliates agree
that you shall not give your consent in writing to any representative to represent you in any class or
representative action or allow yourself to be included in a list of claimants attached to the originating
claim, originating application or originating process of any class or representative action.
11.2 You and Gemini SG and its affiliates agree that if any part of this section is later deemed invalid
as a matter of law, then the remaining portions of this section shall remain in effect, except that in no
case shall there be a class or representative action.
YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU ARE
WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
11.3 You and Gemini SG and its affiliates agree that if any part of this arbitration agreement is later
deemed invalid as a matter of law, then the remaining portions of this section shall remain in effect.
12. Questions, Feedback, and Complaints
12.1 If you have any questions, would like to provide feedback, would like more information about
Gemini SG or lodge a complaint, please feel free to reach out to Gemini SG’s Customer Support
team by submitting a support ticket via the Contact Us page or visit our Help Center.
12.2 Complaints. If you have already submitted a ticket and feel that your issue has not been
resolved, please submit a complaint using the form here. If you do not have an existing ticket, you
will need to first reach out to Gemini support here to resolve your issue.
Gemini SG or lodge a complaint, please feel free to reach out to Gemini SG’s Customer Support
team by submitting a support ticket via the Contact Us page or visit our Help Center.
12.2 Complaints. If you have already submitted a ticket and feel that your issue has not been
resolved, please submit a complaint using the form here. If you do not have an existing ticket, you
will need to first reach out to Gemini support here to resolve your issue.
A printed version of the Agreement, including the Addendum, shall be admissible in judicial or
administrative proceedings.
Please note that Gemini SG does not offer derivatives; derivatives are offered only by our affiliate, Gemini Artemis Pte. Ltd. (UEN: 202234172C) (“Artemis”), which is not licensed, approved or regulated by any regulatory authority, including the MAS. Any structured products offered by Artemis are subject to the credit risk of Artemis and are not protected by any government depository scheme, including the Singapore Deposit Insurance Corporation.
administrative proceedings.
Please note that Gemini SG does not offer derivatives; derivatives are offered only by our affiliate, Gemini Artemis Pte. Ltd. (UEN: 202234172C) (“Artemis”), which is not licensed, approved or regulated by any regulatory authority, including the MAS. Any structured products offered by Artemis are subject to the credit risk of Artemis and are not protected by any government depository scheme, including the Singapore Deposit Insurance Corporation.