Bitflow Lab s.r.o. offers the following services as defined in Article 3(16) MiCA:

1. Custody and administration of crypto-assets on behalf of clients (custodial wallet service);
2. Exchange of funds (fiat currency) for crypto-assets;
3. Exchange of crypto-assets for other crypto-assets.

This Commercial Policy is established to:

1. Ensure a non-discriminatory commercial approach;
2. Define criteria for onboarding and servicing clients;
3. Outline price methodology and availability of services;
4. Fulfill transparency obligations under MiCA.

We commit to:

1. Segregating client crypto-assets from our own holdings;
2. Client crypto-assets and funds are held separately from the Company’s own assets and safeguarded in accordance with applicable laws and regulations. Bitflow Lab employs industry-standard technical and organizational measures to protect cryptographic private keys and prevent unauthorized access. In case of insolvency, client assets are protected from claims by creditors of the Company.
3. Ensuring technical and organizational security for cryptographic key storage;
4. Not using client assets without explicit consent;
5. Allowing clients to access or withdraw their assets under normal conditions;
6. Providing accurate and timely records of held assets.

Clients using our custody service retain full ownership of their crypto-assets. Bitflow Lab does not acquire proprietary rights to client-held assets.

This Policy applies only to crypto-assets that fall within the scope of Regulation (EU) 2023/1114. Services related to out-of-scope crypto-assets (for example, NFTs, central bank money, etc.) are not covered by this Policy.

Clients acknowledge that crypto-assets are highly volatile and speculative. The value of crypto-assets can fluctuate significantly, and clients may incur substantial losses. Bitflow Lab s.r.o. does not provide investment advice, nor does it guarantee the value or performance of any crypto-asset. Clients should carefully consider their risk tolerance before engaging in any transactions through our platform.

We comply with the highest standards for AML/CFT regulations; client data protection (GDPR), secure provision of our services.

Solicitation means promoting and/or offering crypto-asset services to clients in the EU by any means. This includes, but not limited to:

1. Online advertisements (including Google ads, Youtube ads, video or banners ads on website, etc.);
2. Press releases and/or sponsorships (including public announcements targeting clients);
3. Pop-ups and banners on websites and social media platforms;
4. Brochures (including but not limited to printed and digital brochures shared with targeted clients);
5. Promotional messages and invitations;
6. Including third-party influencers or partners promoting our Services, etc.
7. Using region-specific SEO strategies to rank higher on search engines for users;
8. Using targeted online ads;
9. Sponsoring sport events;
10. Using training materials and educational content to attract new clients, etc.

Please note: Bitflow Lab s.r.o. does not actively solicit clients from jurisdictions where it is not authorized to provide its services. Services may only be offered to clients located in such jurisdictions if the client initiates contact independently without any direct or indirect marketing, solicitation, or promotion by Bitflow Lab (“reverse solicitation”). The Company reserves the right to verify the client’s jurisdiction and reject or terminate services if unauthorized cross-border provision of services is identified.

Bitflow Lab s.r.o. will not actively solicit or market its services in jurisdictions where it is not authorised. This includes, but is not limited to:

1. Advertising campaigns;
2. Direct client outreach or sales activities;
3. Website content targeted specifically at unauthorized jurisdictions;
4. Participation in local events, sponsorships, or media in those jurisdictions, etc.

We may provide services to clients from such jurisdictions only if the client:

1. Independently approaches the Company without any solicitation;
2. Accepts that the request for services was unsolicited by the Company;
3. Completes the standard onboarding process, including AML/KYC checks compliant with AML/CFT regulations.

We do not use influencers and third-party promotions for unauthorised jurisdictions that:

1. Direct clients from unauthorised jurisdictions to our Website;
2. Explain how to access our Service;
3. Offer promotional deals or incentives;
4. Display our logo or branding.

We will not interpret reverse solicitation to permit:

1. Broad disclaimers inviting clients from unauthorized jurisdictions to reach out,
2. Any repeated or follow-up contact not directly initiated by the client,
3. The offering of new crypto-assets or services, even of the same type, unless based on an ongoing client relationship originating from the unsolicited request.

We will:

1. Take reasonable steps to verify the client’s location and the unsolicited nature of the service request;
2. Maintain records demonstrating that the client’s request was initiated independently;
3. Maintain completed client acknowledgments confirming unsolicited initiation;
4. Document all communications and onboarding procedures supporting reverse solicitation claims; and/or
5. Decline service if there is any indication of solicitation or marketing activity.

Reverse solicitation clients will be subject to the same AML/KYC and risk management procedures as other clients. We reserve the right to refuse or terminate services if reverse solicitation conditions are not clearly met. Our team will periodically review reverse solicitation cases for regulatory adherence.

Clients accepted under reverse solicitation will be informed explicitly about the regulatory limitations and that services are provided under the reverse solicitation framework. They must acknowledge the associated risks and confirm that no solicitation has occurred. We can continue our established relationship without limitation, as long as no new services or products are marketed to the client. However, please note that we are not allowed to promote new services or crypto-assets of a different type from what was originally requested. Please also note that we are not allowed to promote new services of the same type after certain amount of time, if such promotion cannot be clearly linked to the client’s original initiative.

We also use precautionary steps such as geo-blocking measures not only to minimise the AML/CFT risks, but also minimise solicitation risks and sanctions.

The Company provides its services to natural persons (clients) who have completed the onboarding process in compliance with the Company’s AML/KYC procedures. The Company does not discriminate against specific types of clients. However, services will not be provided to clients who:

1. Have failed to complete AML/KYC onboarding;
2. Have not accepted or have breached the Company’s terms and conditions and all other necessary policies specified on our Website;
3. Are under regulatory sanctions or blacklisted jurisdictions;
4. Fail to meet organizational prerequisites (e.g. wallets, bank accounts, etc.).

The Company may establish client tiers based on factors such as:

1. Profitability;
2. Transaction volume and size;
3. Jurisdiction;
4. Risk profile and compliance history;

Operating Hours

The Company provides services 24/7 under normal market conditions. However, availability may be impacted by exceptional circumstances, such as:

1. Outages on liquidity provider platforms;
2. Market disruptions or regulatory interventions;
3. High system load or other technical issues;
4. Forks or other blockchain protocol changes;
5. Legal or compliance obligations.

In the case of forks, airdrops, or other corporate actions, services may be temporarily suspended for affected assets.

Equal Access and Client Restrictions

All clients who satisfy onboarding and compliance requirements shall have equal opportunity to access Bitflow Lab’s services without discrimination based on nationality, ethnicity, gender, age, disability, religion, or political opinion.

Pricing, fees, and terms of service are clearly communicated upfront before any transaction and are not influenced by client identity or status. Any differentiation in service provision, pricing, or client tiers is based solely on objective, transparent, and risk-based criteria such as:

1. Compliance with AML/KYC requirements;
2. Transaction volume and profitability;
3. Jurisdiction and regulatory restrictions;

Risk profile and fraud prevention. The Company reserves the right to:

1. Refuse or terminate services to clients violating regulatory or internal rules;
2. Limit access to certain services for risk management or technical reasons;
3. Block client accounts in line with Terms and Conditions, AML/CFT and MiCA obligations.

Any such decisions are applied consistently and fairly, with documented rationale. We handle all client personal and transactional data in accordance with GDPR and other applicable data protection laws. Client information is treated confidentially and only used for lawful purposes directly related to the provision of our services.

Services may be suspended or limited in cases of extraordinary events including but not limited to system failures, legal or regulatory orders, blockchain forks, or security breaches. Bitflow Lab is not liable for any losses arising from such suspensions, except where mandated by law.

Clients have the right to submit complaints regarding any perceived discrimination or unfair treatment. All complaints are handled promptly, fairly, and transparently following our Complaints Handling Policy, specified in our Terms of Use (please see Section 16).

Pricing Pre-Trade Transparency

We charge fees/commissions for our services provided through our platform. By proceeding with a transaction, you acknowledge and agree to the following:

1. The Services are paid, and the Company charges a fee/commission for its Services.
2. Prices and fees are calculated based on real-time market data and objective criteria including market supply/demand, transaction size, and volatility. No client-specific “hidden” fees or price discrimination are applied.
3. You are purchasing, sending, and/or receiving cryptocurrency, which is subject to market volatility and may significantly increase or decrease in value;
4. Depending on the type of Service, the fee/commission may be paid by the initiator of the transaction or the recipient of the Virtual Assets. In any case, any applicable fees/commissions will be displayed before You use any Service. We will not process Your transaction until We have received the fees/commissions from You
5. This transaction is non-reversible. Once completed, it cannot be undone or cancelled.
6. Cryptocurrency will be delivered to a wallet and may be subject to processing delays due to blockchain network conditions. A 3.5% service fee will be applied to the total transaction amount for cryptocurrency purchases. Additionally, a blockchain network fee will apply, which is determined by the current network conditions and is beyond our control.
7. All applicable fees/commisions will be displayed before you confirm the transaction. Refunds are only available in limited circumstances, as outlined in our Terms of Use and Refund Policy. In any case, you are strongly advised to review both documents prior to completing any transaction.
8. Fees are disclosed transparently in our Terms of Use and agreed with the client in advance.

Please note: We treat all users fairly and equally. Our pricing is:

1. Non-discriminatory: no hidden pricing based on who you are;
2. Transparent: clearly displayed before any transaction;
3. Time-sensitive: each offer is valid for a short time.

Any differentiation in pricing is based on objective and risk-based criteria. Our prices are based on live market data from top liquidity providers and may change in real-time depending on:

1. Market demand and supply;
2. The size of your transaction;
3. Market volatility.
4. Technical errors (for example, erroneous quotes);

You can view real-time prices and transaction costs on our platform before confirming a trade.

We may cancel or reject your transaction if:

1. There’s a technical error in the quoted price;
2. The requested trade exceeds market or platform limits;
3. We detect illegal or other abusive activity.

Entry into Force

This Policy remains valid indefinitely, unless amended or replaced.

Review and Amendments

The Policy shall be reviewed:

1. Periodically (at least annually);
2. Upon any material regulatory or operational change;
3. Upon request of the competent authority.