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.
Bitflowmeans 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 a fiat-to-crypto asset exchange service;
Providing a crypto asset custodial wallet service;
Providing a crypto asset transfer service;
Providing services, specified in the clause 3.9. 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
https://bitflow-lab.com/, 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", "Our", "Bitflow" 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/Wallet information, allowing Users to view their
Account/Wallet
balance through the public part of their Account/Wallet;
Transaction Formation, allowing creating a transaction in the Blockchain
based on the available Private Key of the Account/Wallet 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 make crypto-transactions
from their Account/Wallet or receive transactions to his/her
Account/Wallet;
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/Wallet balances;
Receiving Virtual Assets;
Sending 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.
A unique (unequivocal) transaction identifier will be assigned to each
transaction. This identifier will be provided to the user as a receipt or
transaction confirmation and should be referenced in the event of any disputes,
errors, and/or inquiries related to the transaction.
Users are entitled to request cancellations or refunds in accordance with
our Refund policy. For full details, please refer to our Refund Policy here:
bitflow-lab.com/refund-policy.html.
The Refund Policy is a binding, mandatory and integral part of these Terms.
Please note: We charge fees/commissions for our services provided through
our platform. By proceeding with a transaction, you acknowledge and agree to the
following:
You are purchasing, sending, and/or receiving cryptocurrency, which
is subject to market volatility and may significantly increase or
decrease in value.
This transaction is non-reversible. Once completed, it cannot be
undone or cancelled.
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.
All applicable fees/commisions will be displayed before you confirm
the transaction. Refunds are only available in limited circumstances, as
outlined in our Terms & Conditions and Refund Policy. In any case, you
are strongly advised to review both documents prior to completing any
transaction.
You are solely responsible for ensuring compliance with local laws
and regulations in your jurisdiction regarding cryptocurrency
transactions.
The User acknowledges that due to the technological characteristics
of crypto-assets and distributed ledger technology, transactions are
irreversible and subject to high volatility. Bitflow does not guarantee
the value, price, or stability of any Virtual Asset and is not liable
for any loss resulting from market movements.
Bitflow does not provide investment advice or portfolio management
services. Users should independently assess the suitability and risks of
crypto-assets.
If the User is dissatisfied with the outcome of the Refund request,
the User may escalate the matter to the Czech Financial Arbitrator or
competent supervisory authority:
Czech National Bank (Česká národní banka - CNB):
Website:
cnb.cz; Email: [email protected]; Phone: +420 224 411 111
Address: Na Příkopě 28, 115 03 Prague 1, Czech Republic.
Please note: The CNB supervises financial markets in the
Czech Republic and can address systemic issues or breaches of
financial regulations. While it doesn't resolve individual disputes,
it can investigate complaints.
Please note: The Financial Analytical Office (FAÚ) is the
financial intelligence unit of the Czech Republic, responsible for
analyzing suspicious financial transactions and combating money
laundering and terrorist financing. While FAÚ primarily handles
financial crime investigations, it may be relevant if your refund
issue involves suspicious financial activities.
In the framework of Complaint Handling, we will acknowledge receipt of
your complaint within 5 (five) business days. A final response will be
provided within 15 business days from the date of receipt. In
exceptional circumstances, where a final response cannot be given within
15 business days, we will inform you of the delay, the reasons for it,
and the expected resolution timeframe. Escalation If you are not
satisfied with our final response, you may escalate your complaint to an
external authority, including the Czech Financial Arbitrator or other
competent regulators listed herein.
Bitflow acts solely as a service provider and is not the issuer of any
Asset-Referenced Token (ART) or Electronic Money Token (EMT).
Bitflow maintains internal procedures to identify, prevent, or manage
conflicts, including those that may arise between Bitflow and its
clients or between different clients. You will be informed of any
material conflicts where appropriate.
Crypto-assets are not covered by any financial compensation scheme
within the European Union, including the deposit guarantee scheme or
investor compensation schemes. Users bear the full risk of market
losses. In addition, Bitflow maintains coverage in accordance with
Article 67(5) of MiCA.
User crypto-assets are stored in segregated digital wallets and are not
co-mingled with company assets. Bitflow does not lend, pledge, or
otherwise use user assets unless explicitly authorized by the user.
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.
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.
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.
Compliants Handling Policy and Procedures
This Complaints Handling Policy is an integral and mandatory part of these Terms
of
Use.
It outlines the procedures and responsibilities for receiving, processing, and
resolving
complaints from You.
Our complaint and continuity frameworks are designed to protect your rights,
your
data,
and your access to crypto-asset services, even in the face of disruptions. Our
goal
is to ensure
that any dissatisfaction with our services is addressed promptly, fairly, and
transparently. The
Policy ensures that You will receive fair, efficient, and timely handling of
complaints in line
with applicable EU standards.
This policy applies to all services we provide, including but not limited to
dissatisfaction with our refund decisions. However, refund requests submitted
under
our Refund Policy do not automatically qualify as formal complaints unless
explicitly framed as such by the User or determined by us during internal
review.
A complaint means any statement of dissatisfaction from a client regarding one
or
more of our crypto-asset services.
All personal data processing will comply with GDPR (Regulation (EU) 2016/679)
and
other applicable data protection laws, guidelines, recommendations, as well as
best
industry standards.
You submitting complaints in good faith will not be subject to any
discriminatory or
unfair treatment as a result. All complaints will be handled in a fair,
equitable,
and non-discriminatory manner, regardless of the complainant’s status, origin,
nationality, or relationship with the company. Every complaint will be judged
based
on merit and the circumstances of the case.
You may withdraw your complaint at any time, without prejudice. However, we
reserve
the right to keep records of complaints and related correspondence in our
register
for legal and compliance purposes.
This Complaints Handling Policy will be reviewed at least annually by our
Compliance
and Risk Management departments. Updates will reflect changes in law,
regulation, or
internal processes. Material changes will be published on our website and
communicated where required.
Responsibility for complaints handling lies with the Management Body. The Risk,
IT,
AML/CFT Compliance and Client Support departments are jointly responsible for
executing specific operational aspects of the complaints and continuity
frameworks.
Formal accountability matrices will be maintained and regularly reviewed.
All outsourced or third-party service providers critical to complaints or
continuity
processes are contractually bound to meet the same regulatory standards. Due
diligence is conducted prior to onboarding and monitored periodically.
15.11. The following criteria automatically trigger escalation to senior
management
or the Board:
a complaint involving potential systemic failure or client harm;
reputational or legal risk exposure;
repeated complaints on the same issue within 3 (three) months;
other cases, specified in the internal documentation.
You can file complaints in:
Any language that we use to market or communicate with you; or
Any official language of your home or host Member States that are also
EU
languages.
You may submit any complaints through the following channels:
Hotline: +420 731 785 056 (available during our business hours);
Postal Address: Antala Staška 1859/34, Krč, 140 00 Praha 4, Czech
Republic;
A harmonized complaint submission form will be provided to you (but is
not
mandatory
for you to use). Lack of use of the template cannot be used as a reason
to
reject your
complaint. The template will be available at:
https://bitflow-lab.com/index.html (Please
note:
In the event that the template is unavailable or not functioning on our
website, you may
alternatively complete and submit to our e-mail address
([email protected]) the
standard
template annexed to Commission Delegated Regulation (EU) 2025/294 of 1
October 2024,
supplementing Regulation (EU) 2023/1114 of the European Parliament and
of
the Council. This
regulation specifies the requirements, templates, and procedures for
handling complaints by
crypto-asset service providers. The template is accessible at:
https://eur-lex.europa.eu/eli/reg_del/2025/294/oj/eng
In case if you have any questions, you can also contact us via our
message
form, available on the website: https://bitflow-lab.com/contact.html
15.14. While use of the complaint submission form (template) is not
mandatory, providing the requested information in the structured format
significantly improves processing time and ensures completeness;
For the purposes of timeline compliance, the complaint processing period shall
begin
on the date when the complete complaint containing all required information and
documentation is received. If the complaint is initially incomplete, the
processing
timeline will start on the day the requested additional information is received
in
full;
The Compliants in any case should include the following information:
Information about the Complainant:
1) Last name / Legal entity name;
2) First name;
3) EUID or, if not available, National Registration or ID number;
4) Legal Entity Identifier (if available);
5) Client reference (if available);
6) Address (street, number, floor);
7) Postcode;
8) City;
9) Country;
10) Telephone;
11) Email address.
Legal Representative (if applicable) (In this case, please attach power
of
attorney or official appointment proof)
1) Last name / Legal entity name;
2) First name;
3) Registration number / LEI (if available);
4) Address (street, number, floor);
5) Postcode;
6) City;
7) Country;
8) Telephone;
9) Email address.
Information About the Complaint
1) Full reference of the crypto-asset service related to the
complaint;
(including name of the crypto-asset service provider, transaction ID,
service type, etc.);
2) Description of the subject-matter of the complaint (Please attach
supporting documentation if available);
3) Date(s) of the incident or events;
4) Description of any damage, loss, or detriment caused (if
relevant);
5) Additional comments or relevant information (if any);
6) Place;
7) Date;
8) Documents attached (such as, power of attorney or official
appointment
document; Copy of
contractual or transaction-related documents; Other supporting
documents,
etc.)
The compliants handling procedure will be:
Free of charge;
Clear, understandable, and up-to-date;
Published on our website (including a standard template for filing
complaints,
available in relevant languages);
We will investigate all compliants fairly and promptly. We will avoid asking for
info
they already possess. We always keep complainants updated on progress. We will
respond to
reasonable information requests without delay.
Acknowledgement of receipt will be done without undue delay. Acknowledgement
will
include:
Contact info of complaint handler;
Date of receipt;
Expected timeline for response;
Confirmation of complaint content (if submitted electronically).
You will receive access to:
Conditions for admissibility
How to file a complaint (including contact details, channels, and
language
options)
The timeframes for complaint processing
Contact details of the responsible person or department
Description of records retention and complaint tracking systems.
Complaints must be assessed for clarity and completeness. If incomplete, we will
request missing information/document without undue delay. Response timeframe is
paused until missing information/document is provided.
Clear and plain language must be used in our communication and compliants
handling
procedures. Communication will be in the language of the complaint (if compliant
with language rules).
In complex cases requiring legal nd/or technical explanation, Bitflow ensures
responses are made in clear, non-technical language appropriate to Your
preferred
language.
Upon receipt of your complaint, the following process will apply:
An internal investigation will be initiated by our support or compliance
team. You may be contacted for additional information if necessary;
We will try to provide response within 5 (five) business days from the
date
the complaint is received;
In complex cases, we may extend this period, but you will be informed
accordingly;
Our final response is formal, written reply issued by Bitflow that
addresses all material aspects of the complaint and either resolves it
or
justifies its rejection.
We accept and investigate complaints related to:
Violations of terms of service technical issues or service outages
Issues related to Your wallet security or transactions
Any other relevant service concerns
You have the right to:
Receive a response to their complaint within the stated timeframe;
Request escalation of the complaint to higher management
Escalate the matter to external authorities or regulators if unsatisfied
with our resolution.
Decision will be consistent with prior similar cases (unless deviation is
justified).
The decision will address all points raised and will be provided within 2 months
maximum from the date of receipt. In exceptional delays, we will explain reason
and
give revised timeline. If the complaint is rejected or partially satisfied,
reasons
and remedies will be explained.
All information provided in a complaint will be treated confidentially and used
solely for the purpose of investigating and resolving the issue. We will not
disclose any personal data
to third parties without the client’s explicit consent, except where required by
law.
If you are not satisfied with the outcome of your complaint, you may also submit
a
complaint to the Czech National Bank or other relevant supervisory authority. If
you
are not satisfied with the final decision, you may also refer the matter to an
out-of-court Alternative Dispute Resolution (ADR) body or the European Online
Dispute Resolution platform (https://ec.europa.eu/consumers/odr/). Where
applicable,
Bitflow will cooperate with relevant ADR bodies in accordance with applicable
laws.
We maintain a register of all complaints received, including details of the
issue,
how it was handled, and the final outcome. Records of all complaints and related
correspondence will be retained for a minimum of 5 (five) years in accordance
with
applicable legal and regulatory requirements. This helps us identify recurring
issues and continuously improve our services.
We value feedback and view complaints as opportunities to improve.
Although we encourage clients to identify themselves when submitting complaints,
we
also accept anonymous complaints. However, the ability to investigate such
complaints may be limited.
Designated complaint handlers are trained to manage and escalate issues as
required.
All employees are required to report any client dissatisfaction to the
appropriate
department immediately.
We dedicate adequate human and technical resources to ensure efficient, fair,
and
timely management of all Your complaints.
Personnel responsible for complaints handling are designated, trained, and
equipped
with the necessary knowledge, skills, and expertise. These individuals are
trained
in customer service, relevant crypto-asset services, applicable regulation,
AML/CFT
and fraud prevention laws, and data protection laws.
The designated complaint handler will oversee the handling of your complaint
based
on
its
nature, subject matter, and internal categorization.
All complaint-handling staff/personnel have access to relevant data, documents
and
information necessary to resolve complaints efficiently, without requiring you
to
re-submit data, information, and/or document, already available within our
systems.
Each complaint is logged into a secure electronic register, tagged by category
and
sub-category, and linked to:
Date of receipt status (in progress, resolved, escalated);
Responsible handler;
Final resolution;
Response times per stage.
15.38. We perform regular quantitative and qualitative analysis of complaints,
including:
Volume and frequency by category;
Average processing time per complaint and per category;
Time taken for acknowledgment, investigation, and final resolution;
The findings are compiled and reported to the management body at regular
intervals.
These reviews include recommendations for improving operational processes,
communication, or service quality, and may result in:
Procedural adjustments;
Staff training updates;
System enhancements;
Risk mitigation strategies.
We use these analytics to proactively enhance our service delivery and maintain
regulatory compliance, while identifying potential gaps or inefficiencies in our
internal controls or customer interface.
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.
