Which regulatory agencies enforce this type of clause?

{'agency': 'SEC', 'reason': 'The SEC has authority over cryptocurrency exchanges trading digital assets that constitute securities, and broad risk disclaimers do not override securities law obligations.', 'complaint_url': 'https://www.sec.gov/tcr'}, {'agency': 'CFPB', 'reason': 'The CFPB has authority to investigate unfair or abusive risk-shifting practices in consumer financial services agreements that leave consumers with no meaningful remedy for platform-caused losses.', 'complaint_url': 'https://www.consumerfinance.gov/complaint/'}

What is the severity of this clause?

ConductAtlas classifies this Assumption of Cryptocurrency Trading Risk clause as high severity. Severity reflects the magnitude of rights affected, the breadth of users impacted, and the degree of discretion the platform retains.

Assumption of Cryptocurrency Trading Risk — Binance.US

Share 𝕏 Share in Share 🔒 PDF

What it is

You agree that you understand crypto is highly risky, prices can go to zero, transactions cannot be reversed, and Binance.US is not responsible for any trading losses you suffer.

Consumer impact (what this means for users)

Once you agree to these terms, Binance.US is fully insulated from liability for your trading losses regardless of whether platform failures, inaccurate pricing data, or system outages contributed to those losses — all trading risk is on you.

Cross-platform context

See how other platforms handle Assumption of Cryptocurrency Trading Risk and similar clauses.

Compare across platforms →

Need full compliance memos? See Professional →

Why it matters (compliance & risk perspective)

By accepting these terms, you explicitly waive any claim against Binance.US for trading losses, even in circumstances where platform errors, outages, or manipulation contributed to your losses.

View original clause language

YOU ACKNOWLEDGE AND AGREE THAT: (A) THE PRICE AND LIQUIDITY OF DIGITAL ASSETS ARE HIGHLY VOLATILE; (B) DIGITAL ASSETS ARE NOVEL AND THEIR LONG-TERM VIABILITY IS UNKNOWN; (C) DIGITAL ASSETS MAY LOSE VALUE OR BECOME WORTHLESS; (D) DIGITAL ASSET TRANSACTIONS ARE IRREVERSIBLE; (E) BINANCE.US IS NOT RESPONSIBLE FOR ANY LOSSES SUFFERED BY YOU IN CONNECTION WITH YOUR TRADING ACTIVITIES; AND (F) REGULATORY CHANGES OR ACTIONS MAY MATERIALLY ADVERSELY AFFECT THE USE, TRANSFER, EXCHANGE, AND VALUE OF DIGITAL ASSETS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER ANY CONTEMPLATED TRANSACTION IS APPROPRIATE FOR YOU GIVEN YOUR EXPERIENCE, OBJECTIVES, FINANCIAL RESOURCES, AND RISK TOLERANCE.

Institutional analysis (Compliance & legal intelligence)

(1) REGULATORY FRAMEWORK: Blanket trading risk disclaimers in crypto exchange terms intersect with the SEC's ongoing assessment of whether digital assets constitute securities under the Securities Act of 1933 and Securities Exchange Act of 1934 — if any assets traded are securities, the platform's disclaimer of responsibility may not override broker-dealer obligations. CFTC regulations (17 C.F.R.) apply to digital assets classified as commodities. The FTC Act Section 5 may apply if risk disclosures are misleading or fail to disclose known platform risks such as liquidity constraints or system outages. (2)

🔒

Compliance intelligence locked

Regulatory citations, enforcement risk, and due diligence action items.

Watcher $9.99/mo Professional $149/mo

Watcher: regulatory citations. Professional: full compliance memo.

Applicable agencies

SEC

The SEC has authority over cryptocurrency exchanges trading digital assets that constitute securities, and broad risk disclaimers do not override securities law obligations.
File a complaint →
CFPB

The CFPB has authority to investigate unfair or abusive risk-shifting practices in consumer financial services agreements that leave consumers with no meaningful remedy for platform-caused losses.
File a complaint →

Provision details

Document information

Document

Binance.US Terms of Use

Entity

Binance.US

Document last updated

March 14, 2026

Tracking information

First tracked

April 18, 2026

Last verified

April 18, 2026

Record ID

CA-P-002749

Document ID

CA-D-00064

Evidence Provenance

Source URL

https://www.binance.us/terms-of-use

Wayback Machine

View archived versions →

SHA-256

56f9641490665643f7631274dce37bf84e3b01c8ae29af1fe783b9abcbae3b20

Verified

✓ Snapshot stored ✓ Change verified

How to Cite

ConductAtlas Policy Archive
Entity: Binance.US | Document: Binance.US Terms of Use | Record: CA-P-002749
Captured: 2026-04-18 09:06:13 UTC | SHA-256: 56f9641490665643…
URL: https://conductatlas.com/platform/binanceus/binanceus-terms-of-use/assumption-of-cryptocurrency-trading-risk/
Accessed: May 2, 2026

Classification

Severity

High

Assumption of Cryptocurrency Trading Risk