Please read this Terms of Use (“Terms” or “Agreement”) carefully before You
start to use Our Bitflow Platform (“Platform”) and/or Services.
This Agreement specifies terms and conditions for using Our Platform and/or
Services as a User, as well as explains Your obligations to Us and Our
obligations to You, including other important information.
By visiting or accessing Our Website:
You acknowledge and agree that You have read and accepted all of the
terms and conditions specified herein, as amended from time to time;
You acknowledge and agree that You will be legally bound by such Terms;
and
You acknowledge that You have read and understood the latest version of
Our Additional Documents.
This Agreement is deemed to be accepted by You subject to the following
conditions:
You have read the terms of this Agreement and all its essential and
integral parts (with any changes and/or amendments to them);
You have provided the required mark in the special field under the
heading "I accept the terms of the User Agreement";
You clicked on the "Continue" button, which means You agree and
understand the terms of this Agreement.
By visiting Our Website and/or using Our Platform and/or Services, You agree to
be legally bound by these Terms (including the Additional Documents referred
herein). If You do not agree with the above, please do not use Our Platform
and/or Services.
If You have any additional comments and/or questions regarding this Agreement,
please contact Us at: [email protected] You acknowledge and agree that Your
feedback may be used to improve and/or modify Our Website and Services without
any limitation or obligation for any payment, and You transfer to Us all IP
rights regarding the use of Your opinion and suggestions, unlimited in time and
territory.
These Terms do not alter in any way the terms or conditions of any other
agreement You may have with Us for products, services or otherwise. We encourage
You to frequently review the Terms to ensure You understand the terms and
conditions that apply to Your access to, and use of, the Service(s).
Your are solely responsible for understanding and complying with any and all
laws, rules, and regulations of his/her specific jurisdiction that may be
applicable to the User in connection with the use of any and all Our services,
products, and content.
Please be advised, the value of Virtual Assets may increase or decrease
significantly. There may be substantial risk involved when buying, selling,
trading, and/or holding Virtual Assets. Please carefully consider whether
engaging in this activity is suitable for You. If so, please use the Platform
responsibly.
Definitions
Terms used in these Terms of Use shall be interpreted in accordance with the
definitions provided below:
Additional Documents means Our Privacy Policy, AML/KYC Policy, Refund
Policy, as well as all other documents specified on Our Website and
applicable to Our Users. Additional Documents shall constitute
mandatory, binding and integral parts of these Terms.
Business Day means a day other than a Saturday, Sunday, or a public
holiday in the Czech Republic when financial institutions in the Czech
Republic are open for business.
Bitflow means Bitflow Lab s.r.o., i.e. a company registered and
incorporated under the laws of the Czech Republic with the business
registration number (Identifikační číslo): 19305800, having its
registered office at: Chudenická 1059/30, Hostivař, 102 00 Praha 10,
Czech Republic. Bitflow Lab s.r.o. has been granted a trade license
(authorisation) for providing services related to virtual assets.
Personal Data (Personal Information) means any information relating to
an identified or identifiable natural person; an identifiable natural
person is one who can be identified, directly or indirectly, in
particular by reference to an identifier such as a name, identification
number, location data, an online identifier or to one or more factors
specific to the physical, physiological, genetic, mental, economic,
cultural or social identity of that natural person.
Intellectual Property means patents, utility models, rights to
inventions, copyright and neighboring and related rights, moral rights,
trademarks and service marks, business names and domain names, rights in
get-up and trade dress, goodwill and the right to sue for passing off or
unfair competition, rights in designs, rights in computer software,
database rights, rights to use, and protect the confidentiality of,
confidential information (including know-how and trade secrets) and all
other intellectual property rights, in each case whether registered or
unregistered and including all applications and rights to apply for and
be granted, renewals or extensions of, and rights to claim priority
from, such rights and all similar or equivalent rights or forms of
protection which subsist or will subsist now or in the future in any
part of the world, and Intellectual Property Rights include, without
limitation, any marks.
Fees/Commissions mean the fees/commissions, if any, We will charge You
for the usage of Our Bitflow Platform as a User, the details of which
are set out on Our Website.
Fiat Currency means a currency that, in accordance with valid laws, is a
legal tender.
Merchant means a natural or legal person that offers products and/or
services and/or works of art for sale for business purposes and receives
payments in Virtual Assets with the Bitflow Platform.
Services means any or all of the following services that Bitflow
provides to its Users:
Providing services for exchanging crypto assets against a fiat
currency;
Providing a crypto asset custodial wallet service;
Providing a crypto asset transfer service;
Providing services, specified in the clause 3.10. of these
Terms.
User means You, i.e. any person who uses Our Platform and/or Services
and/or has agreed to the terms and conditions of this Agreement.
Bitflow Platform (“Platform”) means a computer program with relevant
user interfaces available on the Website and/or otherwise accessible,
owned, administered, supported, and developed by Us and intended to
collect and process payments in Virtual Assets;
Custodial storage means the transfer of the User Account’s Private Key
to another person in order to save it and the right to create
transactions.
Private Key means a unique sequence of numbers and/or letters required
to initiate a Blockchain Transaction and should only be known by the
legal owner of the Wallet.
Public Key means a unique sequence of numbers and/or letters within the
Blockchain to distinguish the network participants from each other.
Website means any webpage, including but not limited to
/, where We provide You with the ability to use
the Bitflow Platform.
Blockchain means distributed ledger technology containing a database for
recording successive blocks with a set of characteristics that allows
Users to carry out digital transactions.
Wallet means a cryptographic storage solution (program) that provides
access to one or several User Accounts, supports work with them, and
allows for the sending, receiving, and storing of cryptocurrency
(Virtual Assets) by associating a Public Key and a Private Key. The
Wallet does not store Virtual Assets itself as data; rather, it
communicates with the blockchain to facilitate these functions (i.e.,
displaying Account information, forming transactions and/or searching
for information in the Blockchain).
Account means a pair of Private and Public Keys, which stores a digital
expression of the value and/or contractual rights (“Virtual Assets”).
Virtual Asset (also “Cryptocurrency”, “Virtual currency” and “Digital
currency”) means a cryptographically secured digital expression of value
and/or contractual rights that uses distributed ledger technology
(Blockchain) and can be transmitted, stored and displayed
electronically.
User Authorisation means the process of implementation by the User of a
certain set of actions to identify the registered User for subsequent
use of the functionality of the Wallet.
The masculine or feminine gender may be used interchangeably throughout these
Terms. Wherever one gender is used it shall be construed as meaning the other.
Any use of the male or female pronouns in these Terms, whether “he,” “she,”
“him,” “her” or words or phrases to similar effect, shall have no significance
in the interpretation and application of the terms, provisions and conditions of
these Terms, such use being solely for the sake of convenience.
Where the context so admits words denoting the singular shall include the plural
and vice versa.
Introductory Provisions
This Agreement is an electronic and legally binding agreement between You ("You"
or "User") and Bitflow ("We", "Us", or "Our" and/or "Bitflow Lab", as
applicable), regarding Your use of Our mobile application, Platform, Services,
and/or any related application programming interfaces (API).
For the purposes of this Agreement, Bitflow Lab s.r.o. provides its Services
specified herein.
The functionalities available to You as a User within Bitflow Platform are
described on Our Website and/or Platform.
You hereby acknowledge and agree that none of the representations made by
Bitflow herein constitute an offer to buy and/or sell or a solicitation of an
offer to buy and/or sell investments, loans, securities, partnership interests,
commodities, and/or any other financial instruments of any kind.
You hereby acknowledge and agree that We do not exchange any Virtual Assets that
are or might be considered securities.
For the avoidance of any doubt, We do not provide financial investment services.
Any information, service, and/or product available on Our Platform does not
represent investment advice and must not be interpreted, considered, and/or
construed as such.
Bitflow does not provide financial payment services of any kind and We are not a
payment institution. We can only facilitate all Our fiat transactions via its
authorised electronic money institutions, specialised financial institutions,
and/or payment service providers, with which We form special arrangements.
Bitflow makes no representation or warranty, express or implied, to the extent
not prohibited by applicable law, regarding the advisability of investments of
any kind.
You hereby acknowledge and agree that the Wallet provided by Bitflow in
accordance with this Agreement, permits its Users to receive the following
services:
Access to the Account information, allowing Users to view their Account
balance through the public part of their Account;
Transaction Formation, allowing creating a transaction in the Blockchain
based on the available Private Key of the Account on User’s behalf;
Receiving Virtual Assets, allowing Users to receive Virtual Assets to
their public address from other Users;
Virtual Assets Transactions, allowing Users to buy and/or sell Virtual
Assets, indicating the address for receipt of the purchased Virtual
Assets or bank account details for selling Virtual Assets;
Acceptance of Virtual Assets as a Payment, allowing Users for their
inclusion in the catalogue of projects that accept Virtual Assets as
payment for their products/services.
Provision of Services
The provision of the Services specified in these Terms involves the collection
and storage of certain data (information) necessary to ensure the security of
Your Virtual Assets.
Upon receipt of the aforementioned information (data), We endeavor to secure its
storage through the implementation of various physical and electronic
safeguards, including but not limited to data encryption, identity ownership
verification, and the protection of all communications utilizing
industry-standard security measures.
Notwithstanding the precautions specified herein, We cannot fully guarantee
against access, disclosure, alteration, and/or deletion of data (information)
resulting from events including, but not limited to, hardware or software
failure and/or unauthorized use.
You hereby agree and acknowledge that any information You provide to Us is
transmitted solely at Your own risk, but We will take all measures in accordance
with Our Privacy Policy and applicable laws.
To use the Wallet, You need to pass the User Authorisation procedure, after
which You will have access to a custodial Account or several Accounts. Every
time You try to log in, We will check Your control over the identifier by
sending You a password, which You must enter in a special field.
You can access to a custodial Account or several Accounts for the following
purposes, in particular:
Viewing Account balances;
Receiving Virtual Assets;
Generating requests (orders) for Virtual Assets transactions;
Buying Virtual Assets;
Creating an order for selling Virtual Assets.
Each custodial Account will correspond to the name of the crypto coin and the
Blockchain.
You must keep Your ID data private and secure and ensure that it is not stored
in such a way that others can access it or impersonate You. If You transfer
control of the identifier to any person to whom You allow access to Your wallet
accounts, You are also liable for the misuse of Your Virtual Assets by such
person.
The User can authorize under several identifiers, while these will be different
custodial Accounts that are not interconnected, and We will not be able to
authorize the User if he has lost control over the identifier.
Limitations on the Services
Depending on Your country of residence, statutory seat, or place of
incorporation, You may be restricted or prohibited from using some or all the
functions of Our Services.
Our Services are to be used solely by clients, natural or legal persons, who are
residents, are incorporated, or have their real seat in the country where
Virtual Assets are legal and not subject to prohibition or restriction.
You are responsible for following those rules and the laws of Your country of
residence and/or country from which You access Our Services.
Fees/Commissions
The Services are paid, and the Wallet charges a fee/commission for its Services.
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
Tax obligations
You are responsible for determining what taxes, if any, apply to transactions
for which You have provided transaction details through the Services, and it is
Your responsibility to report and remit the correct tax to the appropriate tax
authority.
You agree that We are not responsible for determining whether taxes apply to
Your transactions or for collecting, reporting, withholding or remitting any
taxes arising from any Virtual Assets transactions.
Collecting necessary information
In order to access and use the Services specified herein, You must provide the
data, documents and/or other information (hereinafter – “Information”) that are
requested by Bitflow before the process of receiving the Services in accordance
with applicable AML/CFT laws and regulations. Failure to provide any Information
that the Wallet reasonably requests from You is a sufficient ground for
suspension of the provision of the Services to You (including access to Your
Account(s)).
The nature and extent of the Information You must provide may vary, for example,
depending on the Services provided to You under this Agreement and/or the means
of payment You use.
You agree that with regard to Your use of Our Platform and/or Services, We may
automatically collect the following information:
Details about Your transactions, such as amounts, currency, wallets, and
other blockchain-related information;
Technical information, including your IP address, login details, browser
type and version, time zone setting, browser plug-in types and versions,
operating system, and platform;
Information about Your visit, such as the complete URL path to, through,
and from Our Website;
Products You viewed and/or searched for;
Data on how quickly pages respond, download errors, the length of Your
visits to certain pages, how You interact with pages (like scrolling,
clicks, and mouse-overs), methods You use to leave the page, and any
phone numbers or emails You use to contact our customer support.
Reverse engineer, disassemble or decompile the Bitflow’s Materials,
Content or the Services or apply any other process or procedure to
derive the source code of any software included in the Bitflow’s
Materials, Content or as part of the Services.
Accessing Bitflow Platform
We will strive to ensure the Bitflow Platform is accessible when you need it.
However, we do not guarantee continuous or uninterrupted availability.
We reserve the right to suspend, withdraw, discontinue, or modify any part or
all of the Bitflow Platform without prior notice.
We are not liable for any unavailability of the Bitflow Platform at any time or
for any duration.
You are responsible for arranging and ensuring Your own access to the Bitflow
Platform.
Who can use Bitflow Platform
You are permitted to use Bitflow Platform if You comply with all the following
criteria:
You have the capacity to enter into and be legally bound by these Terms
and all other Additional Document related thereto;
In case of legal representation, You are duly authorized to enter into a
contractual relationship with Us based on these Terms on behalf of the
person You are representing;
In the case of a natural person, You must be 18 years or older to use
Bitflow Platform and/or Services, and by using Bitflow Platform and/or
Services, You declare that You are 18 years or older. We may ask You at
any time to show proof of Your age for verification;
In the case of a legal person, it is duly registered and incorporated in
a country in which Our Website and Bitflow Platform and/or Services are
legally accessible;
You have provided accurate and complete data, information and documents
requested by Us;
Your financial status allows You to accept the risks relating to Virtual
Assets;
We are satisfied with the outcome of any identity, fraud, and background
checks that We will conduct about You at any time during the term of
Your relationship with us;
You do not use/intend to use Bitflow Platform and/or Services for
anything that is unlawful, malicious or that could disable, overburden,
or impair the proper working of Bitflow Platform and/or Services or may
hurt Our reputation or otherwise pose any threat to us;
At all times You comply with the Terms (including all Additional
Documents), as well as all applicable laws and regulations.
You take responsibility for any consequences of Your breach of this Section.
Bitflow may provide its Services to the EU/EEA countries, as well as other third
parties (hereinafter jointly - 'third countries') only if it is not prohibited
by the domestic (national) laws of the third countries, and/or reverse
solicitation is permitted.
Your obligations to Us
You are obliged to:
Read the entire Terms of Use carefully before using the Website,
Platform or any of the Services provided by Bitflow.
Act in a good faith and adhere to these Terms (including all Additional
Documents), as well as other provisions governing the usage of Bitflow
Platform as a User, and timely as well as properly fulfil Your
obligations to Us;
Provide Us with data, information, and documents, that is accurate,
correct, up to date, not misleading, and free of viruses and/or other
computer programs or files that could interfere with the normal
functioning of the Platform and/or related applications;
Provide Us with true, accurate, current and complete evidence of his
identity, and promptly update his/her Personal Information if and when
it changes.
Promptly (not later than on the same Business Day (in case of a
non-Business Day, on the earliest Business Day) as You become aware of
that) notify Us of an improperly functioning Platform;
Promptly (not later than on the same Business Day (in case of a
non-Business Day, on the earliest Business Day) as You become aware of
that) report to Us any suspicions about compliance with these Terms and
do not use Platform and/or Services until We instruct otherwise;
Keep Your ID data private and secure for the purposes of the clause 4.5.
of these Terms.
At all times comply with any and all applicable laws and regulations
related to the use of the Bitflow Platform and/or Services;
Monitor all and any changes on his/her Account, including but not
limited to any changes to Account balances;
Immediately (i.e. immediately after the moment of discovery) inform
Bitflow about any unusual, suspicious, unclear, and/or abnormal changes
on Your Account. Any delay in informing Bitflow of such changes, You
will be liable for the breach of the Terms and Bitflow will have the
right to take any further steps accordingly, including but not limited
to reporting to the relevant state or national authorities.
Notify Bitflow immediately of any unauthorized use of his/her Account or
password, or any other breach of security. Any User who violates the
rules contained herein may be terminated, and thereafter held liable for
any losses incurred by Bitflow or any User of the Website.
Notify Us immediately, no later than within 10 (ten) calendar days, of
any changes to any information You have provided to Us in connection
with these Terms and/or of any circumstances that have or are likely to
have a negative impact on the due discharge of Your obligations to Us
and/or of any circumstances that are material for the performance of
these Terms e. g. Your name, title, email address, etc. At the request
of Bitflow, You must also submit any documents (originals, duly
certified paper copies, or scanned copies) supporting such changes in
information or circumstances, irrespective of whether such information
or documents have been provided to public registers;
Not to use the Bitflow Platform and/or Services to perform
criminal activity of any sort, including but not limited to,
money laundering, financing terrorist organizations, malicious
hacking, and so on.
Not to engage in any kind of market manipulation and/or take any
actions which specifically include, without limitation,
front-running, wash trading, spoofing, layering, churning, and
quote stuffing.
Our obligations to You
We are obliged to:
Act in good faith and Your best interests;
Strive to enable the intended use of the Website, Bitflow Platform
and/or Services;
Take timely and appropriate measures to correct any operation faults
with the Bitflow Platform;
Timely, duly and properly fulfil Our obligations to You.
Provide our Services with the due care and effort, as well as in
accordance with these Terms and applicable laws.
Representations and Warranties
By logging in to the Wallet, You represent and warrant that:
You have reached the age of legal capacity to enter into and be bound by
a contract under the laws of Your jurisdiction;
You are an individual or legal entity with full legal capacity and
capacity and sufficient authority to enter into this Agreement;
You are not a resident or citizen of one of the FATF blacklist
jurisdictions;
You are not a resident or citizen of a jurisdiction that prohibits the
use of Virtual Assets;
You are not a resident or citizen of a jurisdiction on the (EU)
2016/1675 list or UN Security Council sanctions list;
You have not been prohibited or temporarily restricted from using Our
Wallet;
If You are entering into this Agreement on behalf of an entity of which
You are an authorized representative, You have all the necessary rights
and authority to enter into this Agreement and to be bound by this
Agreement on behalf of such entity.
There may be other factors that will prohibit or restrict Users from using all or part
of the Wallet services.
You are solely responsible for compliance with the relevant applicable laws in force in
the territory of Your residence (registration) and/or the territory of Your stay, from
which You use the Wallet and/or Services.
We reserve the right to restrict or prohibit Services if required by Our AML/KYC Policy
and applicable AML/CFT laws.
If We find that You have violated this Agreement or other regulatory requirements, by
engaging in money laundering or financing terrorist activities, We will take appropriate
disciplinary actions.
By accepting these Terms, You confirm that:
You are eligible to use the Bitflow Platform by complying with the criteria
listed in these Terms;
You have carefully read these Terms (including all Additional Documents);
You commit to be bound by these Terms;
You have enough knowledge relating to Virtual Assets to use the Bitflow Platform
and/or Services, and understand that You are solely responsible for determining
the nature, potential value, suitability, risks, and appropriateness of the
Bitflow Platform and/or Services;
We have not advised You, nor individually recommended to You, to use Bitflow
Platform, excluding any advertisement of Bitflow Platform and/or Services;
You understand that financial regulations, financial codes, financial ethics,
and contractual requirements vary worldwide, and it is Your responsibility to
make sure that You comply with any and all local regulations, directives,
restrictions, and laws in Your local place of residence before using the Bitflow
Platform and/or Services;
Your use of Bitflow Platform and/or Services does not violate any applicable
laws or regulations of any jurisdiction that applies to You.
By accepting these Terms, You represent and warrant that all of the above is true and
accurate on the day of acceptance of these Terms and shall remain true and accurate
until You cease to use the Bitflow Platform and/or Services.
For the avoidance of doubt, representations and warranties are personal statements or
assurances given by You that We will rely on when We allow You to use the Bitflow
Platform and/or Services.
To the extent permitted by law, We do not warrant the reliability, availability,
accuracy, or completeness of information on the Bitflow Platform. All information is
provided “as is” without warranty of any kind, express or implied. We do not warrant
that the functions and functionality contained in Bitflow Platform and/or Services will
meet Your requirements or that the operation of Bitflow Platform and/or Services will be
uninterrupted or error free.
Use of the Bitflow Platform and Intellectual Property Rights
In consideration of Your agreeing to abide by these Terms, We grant You a
non-transferable, non-exclusive license to use the Bitflow Platform and/or Services,
subject to these Terms.
You shall acknowledge and agree that the performance of Bitflow under these Terms
will provide You with access to various documents, data, information, processes,
software, and other technologies, content and materials, to which Bitflow and/or one
or more third parties related to Bitflow will hold all intellectual property rights,
including:
copyrights, rights affording protection similar to copyright, rights in
databases, patents and rights in inventions, trademarks, rights in internet
domain names and website addresses and other rights in trade names, designs,
know-how, trade secrets and other rights in Confidential Information,
including under marketing legislation;
all other rights having equivalent or similar effect in any country or
jurisdiction in the world (collectively "Intellectual Property Rights").
All Intellectual Property Rights relating to Bitflow Platform and/or Services,
including the systems, platforms, software, and documentation provided by Bitflow to
You, are the property of Bitflow and/or the third party that granted Bitflow the
right to provide or supply them. They shall remain at all times the sole and
exclusive property of Bitflow or the relevant third party, and You shall have no
right or interest in them except for the right to access and use them to use the
Bitflow Platform and/or Services under these Terms.
Limitation of Liability
You understand, acknowledge and agree that We have no control over, and are under no
obligation to take any action with respect to:
Failures, errors or delays in the processing of Virtual Assets that may
occur when using the Wallet;
The risk of failure of hardware, software and Internet connections;
The risk of introducing or detecting malicious software;
The risk that third parties may gain unauthorized access to the information
stored in Your Wallet;
Risk of unknown vulnerabilities or unforeseen changes in networks You
release Us from any liability related to any loss, damage or claim arising
from:
User errors, loss of control over the identifier, incorrectly
constructed transactions or incorrectly entered virtual currency
addresses;
Server failure or data loss;
Unauthorized access to the application;
Any unauthorized activity by a third party, including but not
limited to the use of viruses, phishing, brute force or other means
of attack.
We make no representations regarding any Third-Party Content contained in or
available through Our Services. Any other terms, conditions, warranties or
representations related to such content are solely between You and such entities
and/or individuals.
Nothing in the Terms excludes or limits the liability of the User for fraud, death
or personal injury caused by their negligence, breach of the terms implied by
operation of law or any other liability which may not be limited or excluded by
applicable law.
Users are responsible for any and all damages caused, and all liability actions
brought against Bitflow for infringement of any third-party rights or violation of
any applicable laws.
To the maximum extent permitted by law, Bitflow is not responsible for any indirect
or consequential damages, losses, including but not limited to, loss of profit, loss
of revenue, loss of business, loss of opportunity, or loss of data, unless the loss
suffered is caused by a breach of the Terms by Bitflow.
Bitflow is not responsible for any reason why the Website might become unavailable
at any given time, nor is Bitflow responsible for any malfunction, breakdown, delay,
or interruption of an Internet connection.
Bitflow is not responsible for the delay in the processing of payments caused by the
fault of any third parties, processors or operators of such transactions.
We take no responsibility for and will not be liable for any financial loss arising
from Your use of Bitflow Platform and/or Services, including, but not limited to,
fluctuations of Virtual Assets, system hacks, server failure or data loss, technical
faults of the Virtual Asset system, forgotten passwords (long-term and one-time),
security of Your passwords (long-term and one-time), unauthorized access, and/or
corrupted files or data.
If You use the Bitflow Platform and/or Services for any commercial or business
purpose, We will have no liability to You for any loss of profit, loss of business,
business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus or other
technological attacks or harmful material that may infect Your computer equipment,
computer programs, data, or other proprietary material related to Your use of the
Bitflow Platform.
We assume no responsibility for their content or any loss or damage that may arise
from Your use of them.
Without any limitation of other terms in these Terms, You acknowledge that Bitflow
bears no liability for any damage, loss (including loss of profit), delay,
inconvenience, failure in performance, or interruption of the use of Bitflow
Platform, in each case caused by or resulting from (directly or indirectly):
any computer virus, spyware, scareware, Trojan horse, worms, or other
malware or cyber, phishing, or spoofing attack that may affect Your computer
or another device; any “hard fork”, “soft fork”, or other change in the
operating rules of an underlying Virtual Asset network;
any suspension of Bitflow Platform and/or Services permitted under these
Terms;
any other cause or condition beyond Our reasonable control.
We take no responsibility for and will not be liable for any non-compliance with
Bitflow Platform’s quality or quantity requirements laid down in these Terms or
provided otherwise e. g. on Our Website, if such non-compliance is caused by the
non-performance or improper performance of any obligations of any third parties
engaged by Us for the maintenance of the Bitflow Platform and/or Services.
You are liable for breaking this Agreement or applicable laws. In the unlikely event
of loss, or claims, or costs, or expenses arising out of Your breach of this
Agreement, any applicable laws or regulations, and/or Your use of Bitflow Platform
and/or Services, You agree to compensate Us and Our affiliates and hold Us harmless.
This provision will remain in effect after Our relationship ends.
In the event You are liable for any amounts owed to Us, You agree to reimburse Us.
We may also recover amounts You owe Us through legal means, including, without
limitation, through the use of a debt collection agency.
We do not provide any financial, investment, or legal advice in connection with the
Bitflow Platform. We may provide information on the price, range, and volatility of
Virtual Assets and events that have affected the price of Virtual Assets, but it
should not be considered investment or financial advice and should not be construed
as such. Any decision relating to Virtual Assets is your decision and We will not be
liable for any loss suffered in relation thereto.
The Merchant is solely responsible for the offered products and/or services and/or
works of art, their quality, and their shortcomings, and independently resolves all
disputes related to refunds, chargebacks, and other similar issues. You agree that
Bitflow shall not be a party to any such dispute or issue.
In the case of fraud and/or suspicious transactions, Bitflow undertakes to report
all the necessary information, including names, addresses, and all other requested
information, to the relevant authorities dealing with fraud and breaches of the law.
The Users recognize that their Account may be frozen at any time at the request of
any competent authority investigating an alleged fraud or any other suspected
illegal activity.
Bitflow reserves the right, in its sole discretion, to discontinue or terminate the
Service(s) provided to You without notice, temporarily or permanently, including,
but not limited to, the following cases:
If the Personal Information You have provided is not true, complete,
accurate or inconsistent with the information at the time of registration
and You have failed to provide reasonable proof (please remember, according
to the laws or regulations You should submit true, up-to-date, complete and
accurate data, information and documents);
If You violate the relevant laws and regulations or these Terms;
If required by any provisions of the laws and regulations, as well as the
requirements of relevant government authorities; or
For security reasons or other necessary circumstances, as determined at Our
sole discretion.
Force Majeure
We are not responsible for any delay, disruption or interruption of service that
results directly or indirectly from any cause or condition beyond Our reasonable
control, including but not limited to any delay or failure due to any act of God,
act of civil or military authorities, act of terrorism, civil unrest, war, strike or
other industrial dispute, fire, interruption of telecommunications and Internet
services or network provider services, equipment and / or software failure, other
disaster or any other incident that is beyond Our reasonable control and does not
affect the validity and enforceability of any remaining provisions.
Prohibited Use
You are responsible for configuring Your information technology, computer programs,
and platform in order to access the Bitflow Platform and/or Services.
You should use Your virus protection software. We cannot guarantee that the Bitflow
Platform will be free from bugs or viruses.
The User undertakes not to use the Service to perform criminal activity of any sort,
including but not limited to, money laundering, illegal gambling operations,
financing terrorist organizations, malicious hacking and so on.
You must not misuse the Bitflow Platform by introducing viruses, trojans, worms,
logic bombs, or other materials that are malicious or technologically harmful.
You must not attempt to gain unauthorized access to Our Website, Services, servers,
computers, and/or databases.
You must not attack Our Website or Bitflow Platform with any type of denial of
service attack.
We will report any such breach to the relevant law enforcement authorities, and We
will cooperate with those authorities by disclosing Your identity to them. In the
event of such a breach, Your right to use Our Website, Platform and/or Services will
cease immediately.
We may stop or suspend Your use of Bitflow Platform and/or Services if We have
reasonable grounds for doing so relating to the security of Bitflow Platform and/or
Services or the suspected, unauthorized, or fraudulent use of Bitflow Platform
and/or Services.
We shall not be held liable for Your losses incurred as a result of blocking Your
access to the Bitflow Platform and/or Services, and shall not pay You any penalty.
Changes to these Terms
We have the right to amend these Terms unilaterally by publishing the amended Terms
on Our Website. The amendments to the Terms shall come into force in 10 (ten)
calendar days upon their publication on Our Website.
You shall be deemed to have accepted those amendments if You do not notify Us before
the date of their entry into force that they are not accepted.
Third-Party Services
You acknowledge that Bitflow Platform may enable or assist You to access, interact
with, and/or purchase goods and services from several supported platforms and other
third parties via third-party websites or applications (collectively, "Third-Party
Services"). Such Third-Party Services are not under the control of Bitflow. Bitflow
does not review, approve, monitor, endorse, warrant, or make any representations
with respect to Third-Party Services and is not responsible for any Third-Party
Services.
You use all Third-Party Services at your own risk and should apply a suitable level
of caution and discretion in doing so. Any use of Third-Party Services is governed
solely by the terms and conditions of such Third-Party Services, and any contract
entered into or any transaction completed via any Third-Party Services is between
You and the relevant third party and not with Bitflow.
You shall comply in all respects with all applicable terms of the Third-Party
Services that You access or subscribe to in connection with the Bitflow Platform.
If at any time any Third-Party Services cease to make their programs available to Us
on reasonable terms, we may cease to provide such features to You without entitling
You to refund, credit, or other compensation.
Termination of Services
We may, in Our sole discretion and at no cost to You, with or without prior notice,
and at any time, change or discontinue, temporarily or permanently, any part of Our
Services, including authorization blocking, if, We know or reasonably suspect that
the provision of one or multiple Services:
is fraudulent or associated with any criminal activity;
is money laundering or is involved in money laundering activities, or
violates applicable law, or
You may not provide, upon request, documentation that is reasonably required
to fulfil Our obligations under applicable money laundering laws and
regulations or otherwise to provide verification of Your identity and/or
sources of funding as required by Our Policies.
We may terminate this Agreement by giving You one month's notice.
You may terminate this Agreement by giving Us one month's notice.
We may stop or suspend Your use of the Bitflow Platform and/or terminate the
Agreement without notice in certain circumstances, including (but not limited to)
the following cases:
you breach any provision of this Agreement, including the representations
and warranties section or documents referred to in these Terms;
we are requested or directed to do so by any competent court of law,
government authority, public agency, or law enforcement agency;
we have reason to believe You are in breach of any applicable law or
regulation; or
we have reason to believe You are involved in any fraudulent activity, money
laundering, terrorism financing, or other criminal or illegal activity.
We may suspend Your use of the Bitflow Platform and/or Services for security
reasons.
We may suspend Your use of the Bitflow Platform and/or Services if We have
reasonable concerns about suspected unauthorized or fraudulent use of the Bitflow
Platform and/or Services.
We will give You notice of suspension where possible.
We will give You notice of any suspension or restriction and the reasons for such
suspension or restriction as soon as We can, either before the suspension or
restriction is put in place, or immediately after, unless notifying You would be
unlawful or compromise Our reasonable security measures.
We will lift the suspension and/or the restriction as soon as practicable after the
reasons for the suspension and/or restriction have ceased to exist.
Transfer of Rights
You agree that We may assign any of Our rights and/or transfer, subcontract or
delegate any of Our rights and obligations under these Terms. Your agreement to
these Terms is personal to You and You may not transfer or assign it to any third
party.
Full Consent
This Agreement sets forth the entire understanding and agreement with respect to the
subject matter of this Agreement.
Without prejudice to the Section 17 of this Agreement, any changes to this Agreement
must be made in writing and must be signed by both Parties.
Final Provisions
If any provision or part of this Agreement is or becomes illegal, invalid and/or
unenforceable, the rest will continue to be in legal force. Each of the paragraphs
of this Agreement operates separately. If any court or relevant authority decides
that any of them are unlawful, the remaining paragraphs will remain in full force
and effect.
This Agreement, and any dispute or claim arising out of or in connection with it or
its subject matter or formation (including non-contractual disputes or claims),
shall be governed by, and construed in accordance with the laws of Czech Republic.
Each Party irrevocably agrees that the courts of Czech Republic shall have exclusive
jurisdiction to settle any dispute or claim arising out of or in connection with
this Agreement or its subject matter or formation (including non-contractual
disputes or claims).
You agree that the rule (doctrine) of contra preferentem (interpretation against the
draftsman) is not applicable to this Agreement.
