1.1 These Terms apply to and govern your use of the Biometric Authentication Service provided by us.
1.2 By activating the Biometric Authentication Service, or using the Biometric Authentication Service, you accept and agree to these Terms. If you do not accept these Terms, please do not activate or use the Biometric Authentication Service.
1.3 The Biometric Authentication Service is provided as part of our services, and is an alternative to using your Security Key to verify your identity to give Instructions to us and authorise Transactions.
2.1 Unless a contrary indication appears, terms defined in the Client Agreement have the same meaning in these Terms.
2.2 In these Terms, the following expressions, unless the context requires otherwise, shall have the following meanings:
"Account" or "Accounts" means your account(s) at Futu Securities International (Hong Kong) Ltd., Futu Clearing Inc., Moomoo Financial Inc.、Moomoo Financial Singapore Pte. Ltd. and / or other affiliates of Futu group;
"App" means our mobile application named ("Futubull" and "moomoo") (as updated from time to time) which can be downloaded to any mobile device, through which you can access our services;
"Biometric Authentication Service" means the identity authentication function provided by us pursuant to these Terms, which enables you to give Instructions to us through the App by authenticating your identity with your Biometric Credentials;
"Biometric Credentials" means the biometric credentials (including fingerprints, facial map or any other biometric data) that is registered or stored on a Permitted Mobile Device;
"Client Agreement" means the client or customer agreement, account opening form and any other applicable agreements or terms and conditions governing your Accounts, each as may be amended from time to time;
"Permitted Mobile Device" means a compatible Apple or Android mobile device and such other electronic equipment that we may accept for use with the Biometric Authentication Service from time to time, and includes the operating system or software that such mobile device or electronic equipment operates on;
"Security Key" means the password that you have devised to give Instructions and authorise Transactions;
2.3 In these Terms, words importing the singular include the plural and vice versa and words importing a gender include every gender. Unless otherwise stated, reference to Clauses means the clauses of these Terms.
These Terms supplement, and should be read together with, the Client Agreement. If there is any inconsistency between the provisions of these Terms and the provisions of the Client Agreement, the provisions in these Terms shall prevail insofar as the Biometric Authentication Service is concerned.
4.1 To activate the Biometric Authentication Service, you must activate the biometric identity sensor module on your Permitted Mobile Device and complete the steps specified by us from time to time. Once successfully registered, you may authenticate your identity with your Biometric Credentials in lieu of your Security Key and give us Instructions through the App.
4.2 Having activated the Biometric Authentication Service on your Permitted Mobile Device, you may still choose to give Instructions via the App with your Security Key should you so choose.
4.3 You may deactivate the Biometric Authentication Service at any time by completing the steps specified by us from time to time. Once such service has been deactivated, you may continue to give Instructions through the App using your Security Key.
4.4 We have the right to specify or vary, from time to time, the scope and features of the Biometric Authentication Service without prior notice to you.
5.1 You acknowledge and agree that for the purpose of providing the Biometric Authentication Service, the App will authenticate your identity by interfacing with the biometric identity sensor module on your Permitted Mobile Device. For this purpose, you consent to the authentication process and our access to and use of the information obtained via the biometric identity sensor module. We do not store your Biometric Credentials.
5.2 You understand and agree that in order to use the Biometric Authentication Service you must:
a)be a valid user of the App;
b)install the App using a Permitted Mobile Device;
c)activate the biometric identity sensor module on your Permitted Mobile Device and register at least one of your Biometric Credentials;
d)re-activate the Biometric Authentication Service and agree to these Terms again: (i) for each new Permitted Mobile Device that you use; and (ii) each time that you reinstall the App or delete the local data on your Permitted Mobile Device.
5.3 You fully understand and agree that upon successful registration for the Biometric Authentication Service on a Permitted Mobile Device:
a)each time the App detects the use of a Biometric Credential on that device to give Instructions in relation to a Transaction, you are deemed to have instructed us to perform such Transaction;
b)all Biometric Credentials stored on that device must be your own. If you store any other person’s Biometric Credentials or allow any other person’s Biometric Credentials to be stored on such device, you are responsible for all Instructions and the resulting Transactions. All such dealings will be deemed to be authorized by you and will be binding on you in accordance with the provisions of the Client Agreement, including the provisions relating to your liability for unauthorized transactions if you acted fraudulently or with gross negligence.
5.4 You should take all reasonable security measures to prevent any unauthorized or fraudulent use of your Permitted Mobile Device, Biometric Credentials and the Biometric Authentication Service. These precautions include (but are not limited to):
a)taking reasonable precautions to keep safe and prevent loss or fraudulent use of your Permitted Mobile Device, Biometric Credentials and the Biometric Authentication Service. You should observe the security recommendations provided by us from time to time regarding the use of the Biometric Authentication Service;
b)not using the App or the Biometric Authentication Service on any mobile device or operating system that has been modified outside the mobile device or operating system vendor supported or warranted configurations. This includes devices that have been "jail-broken" or "rooted". A "jail-broken" or "rooted" device means one that has been freed from the limitations imposed on it by your mobile service provider and the phone manufacturer without their approval. The use of the App or the Biometric Authentication Service on a "jail-broken" or "rooted" device may compromise security and lead to fraudulent or unauthorised Transactions. The use of the App or the Biometric Authentication Service on a "jail-broken" or "rooted" device is entirely at your own risk and we will not be liable for any losses or damages or any other direct or indirect consequences suffered or incurred by you as a result;
c)refrain from using the facial recognition feature for the Biometric Authentication Service if you: (i) have an identical twin sibling； or (ii) are in adolescence (whereby your facial features may be undergoing a rapid stage of development), in which case you are recommended instead to use the Security Key to give us Instructions via the App;
d)refrain from taking any action, such as disabling any function or agreeing to any setting, in your Permitted Mobile Device that would otherwise compromise the security of the use of your Biometric Credentials for the Biometric Authentication Service (e.g., disabling the "attention-aware" for facial recognition);
e)if you are aware of or suspect any unauthorized use of your Permitted Mobile Device, Biometric Credentials or the Biometric Authentication Service, notifying us as soon as reasonably practicable by calling our customer service hotline. Where applicable, we may require you to change your Security Key or any passwords, re-register your Biometric Credentials or cease to use the Biometric Authentication Service.
5.5 All Instructions received by us with your identity verified through the Biometric Authentication Service shall be binding on you. You are liable for all such Instructions and all resulting Transactions in accordance with the provisions of the Client Agreement.
5.6 You will be liable for all losses (including but not limited to losses arising from any unauthorized Transactions) if you have allowed any third party to use your Permitted Mobile Device, or failed to comply with your obligations or any security measures under these Terms, the security information and / or other relevant documents as provided by us from time to time.
6.1 The Biometric Authentication Service is provided to you on an "as is" and "as available" basis. We do not warrant that the Biometric Authentication Service will be available at all times, or that it will be compatible with any electronic equipment, software, system or services that we may offer from time to time.
6.2 The biometric identity sensor module on your Permitted Mobile Device is not provided by us. We are not responsible for the biometric identity sensor technology. We do not give warranty, whether express or implied, of any kind including any warranty of quality, accuracy or performance, merchantability, fitness for a particular purpose, title or non-infringement of right.
6.3 We are not liable for any losses, damages or expenses of any kind incurred or suffered by you arising from or in connection with your use of or inability to use the Biometric Authentication Service, unless it is caused solely and directly by the gross negligence or willful default on our part or on the part of our employees or agents.
6.4 Under no circumstances are we liable for any indirect, special, incidental, consequential, punitive or exemplary loss or damages, including loss of profits, loss due to business interruption or loss of any programme or data in your Permitted Mobile Device.
We have the right to modify, suspend or terminate the Biometric Authentication Service at any time without giving prior notice or reason to you, where we reasonably consider necessary or advisable to do so. These cases may include (but are not limited to) actual or suspected breach of security.
The English version of these Terms shall prevail where there is any inconsistency between the English and the Chinese versions.
Apple is a trademark of Apple Inc., registered in the United States of America and other jurisdictions.
AndroidTM is a trademark of Google Inc.