Terms of Service

PLEASE READ THE TERMS AND CONDITIONS CAREFULLY.
The AML/KYC Policy and Privacy Policy are an integral part of the Terms and Conditions. Accepting the Terms and Conditions you are automatically agreeing with the AML/KYC Policy and Privacy Policy.

The Company reserves the right to modify and change any of the provisions of the Terms and Conditions in its discretion at any time, including without limitation as a result of legal and TERMS & CONDITIONS.

Last updated on November 13th, 2023 PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. The AML/KYC Policy and Privacy Policy are an integral part of the Terms and Conditions. Accepting the Terms and Conditions you are automatically agreeing with the AML/KYC Policy and Privacy Policy.

General Provisions

1. The present Agreement is concluded between BITBYBIT TRADE sp. z o.o. Company address: Hoża str. 86/210, 00-682 Warsaw, Poland Registration number: 0001000006. BITBYBIT TRADE authorisation number – RDWW-525 (hereinafter referred to as Company/ BITBYBIT TRADE sp. z o.o / Bittex) and the Client.
2. This Terms and Conditions constitute a legal agreement and create a binding contract between Client and Company when Client registers for the Bittex system and uses other services offered by Company. Relationships between the Company and the Client relating to the provision of Services are governed by this Agreement, legal acts, Supplements to the Agreement concluded with the Client, and rules and principles of prudence and justice applicable to the Client.
3. BITBYBIT TRADE sp. z o.o is regulated and provides services for the purchase and sale of goods and services in accordance with the laws of Poland.
4. Bittex Services refer to various services provided to you and offered via Bittex websites and mobile applications. Bittex Services include but are not limited to cryptocurrency trading platform and novel services to be provided by Bittex.

Amendments to the Terms & Conditions

1. The Company reserves the right to modify and change any of the provisions of the Terms and Conditions in its discretion at any time, including without limitation as a result of legal and regulatory changes, security reasons, or changes to the Services.
2. Unless otherwise specified in the Terms and Conditions, the Company will notify you of any such amendment, modification, update, or change by publishing a new version of the Terms and Conditions on the relevant page of the Website, or by notifying you by email, at our sole discretion. Unless otherwise specified in the Terms & Conditions, any new version of the Terms & Conditions will take effect upon publication on the Website. Your continued use of Bittex Services is deemed your acceptance of the modified Agreement.
3. If you have any question regarding the use of the website, please contact our Support Team at compliance@bittex.io.

Bittex Account Registration

1. The Client who wants to start using Company services must pass the registration procedure to create an account.
2. The Bittex Account is personal, and only its owner, i.e., the Client, is permitted to use it (log in).
3. The Client may only have one Account. If the Company suspects that the Client has opened multiple accounts, then the Company may close the Client’s accounts or terminate the Agreement without prior notice.
4. The Agreement comes into force when the Client creates an account, expresses his/her consent to comply with Terms and Conditions, AML/KYC Policy, and Privacy Policy electronically. This Agreement is valid for an unlimited time.
5. The Client must be at least eighteen (18) years old (or at least the legal age in their jurisdiction) to register and use Company services.
6. Company does not provide Services for clients:
   • from countries, subject to financial sanctions imposed by Poland and according to FATF recommendations.
   • from Restricted Territories as defined in Section 4.2.
   • accounts of which have previously been suspended or removed from using our Services.
7. The Client confirms that s/he has provided correct data about him/herself during registration and that later, when changing or adding data about him/herself, s/he will provide only correct data. The Client shall bear any losses that occur due to the submission of invalid data.
8. Under circumstances and procedures set out in the Agreement or in the System, the Client shall perform Client identification (verification) to start or continue the provision of Services. For registration at Bittex, the Company asks to provide: name, surname, email, phone number. To start using the Company’s services, the Client should complete the KYC form: provide the passport or ID card or driving license and the utility bill (Proof of Address) in some cases. In addition, the client should take a photo of him(her)self holding the identification document submitted alongside his/her face together. If the Client’s turnover at the Company account is over than EUR 15,000.00, the Company asks to provide the Client’s source of funds. Passport, ID card, and driving license should be valid. Documents that can be used as proof of address: household utility bill (gas, electricity, water or fixed line telephone, landline bill), bank statement, credit card statement, solicitor’s letter confirming a recent house purchase or land registry confirmation (in this case, proof of the previous address will also be needed), Revenue & Customs (Inland Revenue) tax document e.g. tax assessment, statement of account, notice of coding). The submitted documents should be no more than three months old on the date of application and should show the name and current address of the Client. The local authority tax bill (e.g. council tax) valid for the current year also can be used as proof of address.
9. The Company has the right at any time to require data and/or documents, which would help the Company to identify the Client. Specific data and/or documents to be submitted shall be indicated in the message to the Client about the necessity to perform the identification procedure.
10. The Company may request the Client to provide the Company with his/her personal information, including but not limited to the Client’s name, address, telephone number, electronic mail address and date of birth, as well as his/her source of funds, financial standing and occupation. The Company may also verify the Client’s details, at any time, by requesting certain additional documents from the Client. These documents may typically include a government-issued identity card, proof of address such as a utility bill, and proof of the payment method. In addition, the Company may request further information with respect to the Company’s anti-money laundering (“AML”) and know your client (“KYC”) obligations. In addition, the Company may request that copies of such documents are notarised at Client’s own expense, meaning that the documents are stamped and attested by a public notary. Should the documents fail the Company’s internal security checks – for example, if the Company suspects they have been tampered with or are in any way proven to be misleading or misrepresenting – the Company shall be under no obligation to accept such documents as valid, nor under any obligation to provide feedback on the exact nature of the Company’s findings regarding these documents. Bittex may, at its sole discretion, terminate your account and these Terms & Conditions if such documents or verification yield a negative or uncertain conclusion, or if the company suspects that the client is under the age of 18 years.
11. The Client shall receive an email notification regarding confirmation of the Account at the email address provided during registration.
12. The Company may correct the data entered by the Client, based on the information provided by the Client, if the error consists of 1-2 signs. Request for identification should be denied if the personal information entered by the client differs significantly from the information provided in the identity documents. If, due to inaccurate information, the Client has created multiple Accounts, s/he must notify the Company so that all Accounts can be merged into one.

Eligibility

1. The Services are only available to individuals who are at least 18 years old (or at least the legal age in their jurisdiction). The Client represents and warrants that if s/he is an individual, s/he is at least 18 years old and of legal age in his/her jurisdiction to form a binding contract, and that all registration information s/he submits is accurate and truthful.
2. The Client may not use the Services, Platform and/or the Website if s/he is located or is a resident of a geographic area in which access to or use of the Services, the Website and/or the Platform is prohibited by applicable law, decree, regulation, treaty, or administrative act, including without limitation the following territories: Belarus, United States Of America, Kuwait, Qatar, Saudi Arabia. Serbia, Turkey, United Arab Emirates, Bahrain, Bangladesh, Egypt, Ethiopia, Jordan, Lebanon, Libya, Mali, Mauritius, Morocco, Oman, Somalia, Sri Lanka, Trinidad & Tobago, Tunisia, Afghanistan, Algeria, Indonesia, Malaysia, Nigeria, Democratic Republic of Korea (North Korea), South Sudan, Sudan, Yemen, Iran, Iraq, Occupied Palestinian Territories, Pakistan, Syria, Vanuato, Russian Federation, Botswana, Cambodia, Cuba, Jamaica, Myanmar, Nicaragua, Uganda, Vanuatu, Venezuela, Zimbabwe. Certain partial restrictions may apply to additional geographic areas, as shall be notified by Company from time to time. The Restricted Territories list may change from time to time for reasons, which include but are not limited to licensing requirements and any other legal and regulatory changes.
3. Without derogating from Section ‎4.2, Client shall not use the Services where it is prohibited by law or regulation.
4. Client understands and accepts that Bittex is unable to provide Client with any legal advice or assurances in respect of his/her use of the Services, and Bittex makes no representations whatsoever as to the legality of the Services in Client’s jurisdiction.

Account Opening

1. Under the present Agreement, a Bittex Account is opened for the Client for an indefinite period of time.
2. If the Client terminates the Agreement or if Bittex terminates provision of the Bittex Account service to the Client, money held on the Client’s Account shall be transferred to the Client’s bank account or to the account in another payment system indicated by the Client (Not in any case 3rd party account, these accounts are not supported for withdrawal, refund, return). Bittex has the right to deduct from such repaid money the amounts that belong to Bittex. In the event of a dispute between Bittex and the Client, Bittex has the right to detain money under dispute until the dispute is solved.

Usage of Bittex Account

1. The Client can manage the Bittex Account via the Internet by logging in to his/her Account with his/her login name and Password. Client shall create a strong password that is not used for any other website or online service.
2. If the Client indicates wrong data about the Recipient of virtual and/or fiat currency, it shall be considered that Bittex has fulfilled its obligations properly and shall not repay the transferred amount to the Client. Client may only cancel an order initiated via the Services if such cancellation occurs before Bittex executes the transaction. Once the order has been executed, the client may not change, withdraw, or cancel authorisation for Bittex to complete such a transaction.
3. If virtual and/or fiat currency is credited to the Client’s Bittex account by mistake or in other ways under no legal basis, Bittex has the right, and the Client gives an irrevocable consent in such cases to deduct the currency from the Client’s Bittex Account without the Client’s order. If the amount of currency on the Client’s Bittex Account is insufficient to debit the currency credited by mistake, the Client unconditionally commits to repay Bittex the currency credited by mistake in 3 (three) business days from receipt of the request from Bittex. If the Client notices that virtual and/or fiat currency that does not belong to him/her has been transferred to his/her Bittex Account, s/he shall immediately inform Bittex thereof. The Client has no right to manage currency credited by mistake, which does not belong to him/her. Client shall return credit by mistake currency to Bittex.
4. The Client confirms that:
   • incoming virtual and/or fiat currency transferred to his/her Bittex Account is not received from illegal activity.
   • the Client will not use services provided by Bittex for any illegal purposes, including the Client’s commitment not to perform any actions and operations to legalise money received for a criminal or illegal activity.
   • use of the Services, Platform, and Website is at your option, discretion, and risk.
   • involving with high-risk assets like Bitcoin or other cryptocurrencies carry significant risks and that using Bittex company, platform, or website, Bittex or company staff are not responsible for any losses that may occur using Bittex services.
   • is responsible for the security of his/her private key, username, and password on the client’s PC or internet access location. If this username password combination is “hacked” from the client’s computer due to any viruses or malware that is present on the computer that the client accesses his account with, this is the client’s sole responsibility. The client should report immediately to Bittex any possible hacking attempts or security breaches from his/her computer terminal. Additional verification may be required to proceed with the investigation and case resolve.
   • the personal (external) virtual wallet address to which Bittex transfers Cryptocurrency belongs and is owned by the Client.
   • during maintenance of the Bittex system, the customer agrees that he/she is solely responsible for managing the risks associated with his/her cryptocurrencies.
5. Client’s confirmations, orders, requests, notifications, and other actions performed on websites of third persons or other places by logging in to his/her Bittex Account and identifying him/herself in this way are treated as the conclusion of a deal confirmed by an electronic signature.
6. Management of the Bittex Account via the Internet:
   • In order to carry out a Payment operation via the Internet, the Client shall fill in the order in the System and submit it for execution by confirming his/her Consent to carry out the order in the System electronically.
   • Submission of the order in the System is the Client’s agreement to carry out the Payment operation which may be canceled by the client.
7. If the Client has reached a certain limit on the Bittex account (Bittex may define the limit at its own discretion), the Client must follow the steps that Bittex will notify the Client of.
8. If the Client has an insufficient amount of Funds in the Bittex Account to complete an order via the Services, Bittex cancels the entire order.

Bittex Account Funds

1. In order to complete an order, the Client must first load Funds to the Bittex Account using one of the approved External Accounts identified via the Services. The Client may be required to verify the External Account that the Client uses to load Funds to the Bittex Account. The Client is solely responsible for the use of any External Account and agrees to comply with all terms and conditions applicable to any External Account.
2. The timing associated with a load transaction will depend in part upon the performance of third parties responsible for maintaining the applicable External Account, and Bittex makes no guarantee regarding the amount of time it may take to load Funds into the Bittex Account.
3. Bittex has the right to record and store any orders submitted via any of the methods agreed on with Bittex and to record and store information about all transactions performed by the Client or according to orders of the Client. Records mentioned in the present clause can be submitted by Bittex to the Client and/or third persons who have the right to receive such data under the basis set forth in the legislation as evidence confirming submitted orders and/or executed transactions.
4. Bittex has the right to refuse to execute a submitted order if there are doubts that the order has been submitted not by the Client or the submitted documents are falsified. If Bittex has reasonable doubts that the order has been submitted not by the Client or that the documents submitted to Bittex are falsified or doubts about the legitimacy or content of the submitted order, Bittex has the right to demand from the Client to additionally confirm the submitted order and/or submit to Bittex documents confirming the right of persons to manage the Funds held on the Account or other documents indicated by Bittex via a method acceptable to Bittex at his/her own expense. In cases mentioned in the present clause Bittex acts with the aim to protect legal interests of the Client, Bittex, and/or other persons; thus, Bittex does not undertake the responsibility for losses, which may arise due to refusal to execute the submitted order.
5. Before executing the Payment order submitted by the Client, Bittex has the right to demand from the Client to submit documents that prove the legal source of money related to the execution of the order. If the Client does not submit such documents, Bittex has the right to refuse to execute the order of the Client.
6. Bittex has the right to suspend and/or cancel the execution of the order submitted by the Client if it is required by applicable legal acts or due to other reasons beyond the control of Bittex.
7. If Bittex refuses to execute the order submitted by the Client, it immediately informs the Client thereof and sends a notification to the Client, except when such notification is technically impossible or forbidden by legal acts.
8. Bittex does not accept and does not execute orders of the Client to perform operations on the Account of the Client if money on the Account is arrested, the right of the Client to manage the money is otherwise legally limited, or if operations performed by Bittex are suspended in cases described by applicable legal acts.
9. If Funds transferred by the order are returned due to reasons beyond the control of Bittex (inaccurate data of the Payment order, the account of the Recipient is closed, etc.), the returned amount is credited to the Account of the Client. Fees paid by the Client for the execution of the order are not returned, and other fees and costs related to the returning of money and applied against Bittex can be debited from the Account of the Client.
10. Client transactions are monitored. The Client should provide Bittex within 3 (three) working days from the moment of receiving the respective request with all the necessary information concerning the completed payment operation, including but not limited to explanations, certificates, other documents, and information on issues related to the payment operation. In case the requested information is not provided by the Client or is incomplete or false, Bittex is entitled to suspend the provision of all or part of services to the Client or/and terminate the Agreement.
11. Bittex may review Client’s withdrawal transaction to mitigate any risks and/or prevent money laundering and to ascertain whether the transaction is connected to any Prohibited Activity (set in section 11). If risk is identified by Bittex, Bittex reserves the right to refuse the Payment Order.
12. Client agrees to maintain in the Bittex Account a sufficient amount of Funds to meet the minimum balance required for the transaction. The Client acknowledges that if the client does not have sufficient Funds required for fulfilling the transaction it won’t be processed.
13. Only valid payment methods specified by Bittex may be used for Company Services.
14. All exchanges of fiat and virtual currency via Bittex Service are final. Bittex does not accept any returns or provide refunds for Client, except as otherwise provided in these Agreements.
15. Transactions will have billing descriptor Bittex on bank or card statement.

Prices of Company Services and Settlement Procedure

1. Through the Website, Client can receive the services of purchasing digital currencies such as BTC, TRX, USDT (“Cryptocurrency”) in exchange for EUR, USD.
2. The rate at which the Company sells Cryptocurrency shall be determined in accordance with Section 6 below.
3. Client’s use of the Services is subject to Company’s KYC process and its completion to Company’s satisfaction, and Company may save such data on Company’s systems for future use and verification.
4. The minimum order size for Cryptocurrency if paid via a bank transfer is 1000.00 EUR (and its equivalent in USD). For payment card orders, the minimum size is 5.00 EUR (and its equivalent in USD). Any change in the minimum order size shall not be subject to Section ‎2.2 but shall take effect when published on the Website, and Client’s continued use of the Services will be deemed to constitute Client’s acceptance of such change.
5. The fees related to buying Cryptocurrency are as follows:
   • To be agreed between Bittex & Client prior to lock in of trade.
6. Any change in the Fees shall not be subject to Section 2.2 but shall take effect when published on the Website, and Client’s continued use of the Services will be deemed to constitute Client’s acceptance of such change.
7. Following Client’s payment of FIAT Currency being received by Bittex, subject to the provisions of the Terms & Conditions, Company shall deliver to Client’s external virtual wallet address. Important: Client confirms that the written wallet is Client’s personal wallet and that Client double-checked all payment details, and that Bittex is not responsible for any losses occurred with the incorrect input of the wallet address.
8. Client acknowledges and agrees that it is at Company’s sole discretion whether to: (i) provide Client with the Services; and/or (ii) reverse any of Client’s orders and/or transactions. For example: to provide liquidity for its users, Bittex trades cryptocurrency with other cryptocurrency exchanges. In the event of insufficient liquidity of a certain Cryptocurrency, Bittex may pause, decline, or reverse Client’s order for purchasing such Cryptocurrency.
9. Client acknowledges that certain limits may apply to the sale of Cryptocurrency to Client, as the case may be, in accordance with our policies, including without limitation with respect to the volume and Company’s KYC process. Company reserves the right to change such limits in sole discretion. Such limits, for example, may be set by order per day and/or per month.
10. Company reserves the right to refuse to process, or to cancel or reverse, any purchase of Cryptocurrency from Company, as the case may be, in Company’s sole discretion (for reasons which include but are not limited to Client’s possessing insufficient FIAT Currency, as the case may be, and/or if Client transfers of FIAT Currency, as the case may be, is not possible) and even after funds or Cryptocurrency, as the case may be, have been debited from your account.
11. The Company reserves a right to process the order of the Client if the amount of the fiat currency received to the bank account of the Company is different from the order amount, however, only if the difference is not more than EUR 20.00. In case the discrepancy is larger than EUR 20.00, the Company would contact the client via e-mail with a request to place an order with a sum corresponding to the amount sent. Under the circumstances where there is no information received from the client within 3 business days, or if the Client would refuse to place a correct order, the Company would issue a refund and direct the transfer back to the original sender, using the bank details of the Client.
12. The Client acknowledges and agrees that after making the first payment, he will have 48 hours to complete the verification. In case of refusal or expiration of the specified period, the company will return the money to the client’s account.

Sale Price of Cryptocurrency

1. All sale prices of Cryptocurrency shall be quoted in fiat Currency as determined by Bittex.
2. You hereby understand and agree that any price or rate of Cryptocurrency which appears on the Website, at which we sell Cryptocurrency, is accurate for that moment alone, due to the highly volatile nature of the price of Cryptocurrency and the period of time required for completing the transaction. Such period of time may vary depending on the method of payment and the third-party payment processors which are used by you or by us, as the case may be. The Final Price of your transaction will be the transaction rate which appears on the Website upon Execution and as stated in the order transaction summary, subject to the deduction of the Transaction Fee.
3. You understand and agree that the Final Price may be either higher or lower than any other rate which was previously available on the Website, in accordance with value fluctuation which may occur, that this may change either in your favor or in ours, and that we have no control whatsoever on such change.

Submission and Cancellation of the Consent, Cancellation of the order.

Refund Policy

1. The Payment operation is considered authorised only after the Client gives his/her Consent. The Consent can be confirmed by an electronic signature, the Password or descriptor given to the Client when the Payment will appear on Client’s bankcard statement. The Consent confirmed via any of the methods described in the present clause is considered appropriately confirmed by the Client, bears the same legal power as a paper document (Consent) signed by the Client and can be used as evidence when settling disputes between Company and the Client in courts and other institutions. The Client does not have the right to challenge the Payment operation performed by Company if the Payment order has been confirmed by a Consent submitted by a method defined in the present clause.
2. The Client agrees that Company, while executing the Payment operation, shall transfer Personal data of the Client possessed by Company to persons directly related to the execution of such Payment operation – international payment card organisations and other Bank/Companies involved in the execution of the Payment Service.
3. If the Client decides to change his/her mind and wishes to return the Cryptocurrency purchased from Bittex, Bittex would be able, at its sole discretion, to buy it back from the Client based on the current market rate minus the service fee payable for the transaction. For this purpose, please contact Bittex via email at support@bittex.io. If a refund request is made, the Client is required to provide all of the necessary documents which may be requested by Bittex (such as, for example, the identification document), as well as to sign a refund invoice, which would be issued by the Company in the name of the client.
4. The refund policy applies exclusively to the funds which the customer has sent to Bittex in accordance with the order placed at the platform. Any third-party cryptocurrency purchases, made at the exchange platforms other than Bittex, will not be refunded.
5. Wire Transfer/Card payment: Under rare circumstances, and at its sole discretion, the Company may execute the sale of the cryptocurrency funds on behalf of the Client and provide the Client with an equivalent return in a fiat currency, subject to the changes in the interest rate. Given the high volatility nature of the crypto assets, the amount returned to the Client in fiat may be different from the one, which was sent by the customer initially when placing an order at Bittex.
6. In rare circumstances relevant solely to wire transfers made to Bittex, such as (1) failure of the Client to provide the relevant KYC documents required by Bittex; (2) if the Client shares his/her login data to the Client’s account with a third party; (3) if the Client chooses to cancel the order, Bittex reserves the right to cancel the wire transfer order. In the event Bittex cancels the order, if Bittex already received the funds from the Client with regards to such order, Bittex will, subject to applicable law and regulation, refund such funds to the Client.
7. Such refund shall be made to the same source from which they have originated, after deduction of any cost or expense Bittex incurs with regards to such transfer, including without limitation any wire transfer charges, currency exchange charges, and/or payment processing charges. Client’s funds may, at Bittex’s sole discretion, be returned to another source to which the Client is the beneficiary, as long as the Client provides the Company with the required documents and information to verify that the account to which the funds were requested to be refunded belongs to the Client.
8. To comply with anti-money laundering and terrorist financing regulations or any other regulations and to prevent prohibited conduct, all payments and information related to the aforementioned refund may be verified by Bittex. In such a case, Bittex may request from the Client, at its sole discretion, to provide certain documents and information, including without limitation identification documents, copy of the credit card or bank details, and/or any other proof required to affect the refund. In case the Client fails to provide appropriate documents or information, or in case of any doubts as to the authenticity of provided documents and information, Bittex shall be entitled to cease the refund process until the Client takes appropriate measures, as requested.
9. Notwithstanding the above, Bittex reserves the right to cancel the order without any refund, or decline any refund request if it suspects that the Client has or is engaged in, or has in any way been involved in, fraudulent or illegal activity.
10. Under the circumstances where the client performs a payment via a credit or a debit card, the processing of the payment and the subsequent settlement of the order take up to 72 hours, subject to the system workload.
11. Refund will be processed without undue delay, and in any event within 7 (seven) business days from the cancellation of the order, subject to the requirements set forth herein above, and provided that the Client does not fail to provide Bittex with any information and/or documentation required to process the refund.
12. Bittex provides the Clients of the company with an option to resolve any issues related to the use of the services of the company prior to the submission of the written complaint by the Client to his/her bank. In case a suspicious activity is registered in the account of the Client, Bittex may suspend the activity of the account for the purpose of conducting an internal investigation.
13. Any fees incurred as a result of a refund request (i.e. transfer fees) are to be paid by the Client.

Prohibited Activities

1. The Client, when using Bittex services, has no right to:
   • Fail to observe the Agreement, any of its Supplements, valid legislation, and other legal acts, including but not limited to, legal acts related to anti-money laundering and combating terrorist financing.
   • Provide false, misleading, or incorrect information to Bittex.
   •Refuse to provide information reasonably requested by Bittex.
   • Transfer and/or receive money acquired in an illegal manner.
   • Refuse to cooperate with Bittex in the investigation of violations and identification of the Client.
   • Use the Account and other services of Bittex in a way that causes losses, responsibility, or other negative legal consequences to Bittex or other third persons.
   • Undertake any other deliberate actions that could disturb the provision of Bittex Services to the Client or third parties or disturb the proper functioning of the System.
   • Provide services that are prohibited by law or conflict with public order and good morals.
   • Disclose Passwords and other personalised safety features of Payment instruments to third persons and allow other persons to use Services under the name of the Client.
   • Breach any law, statute, contract, regulation (including anti-money laundering).
2. The Client shall reimburse all direct damages, fines, and other monetary sanctions applied to Bittex due to the failure to observe or violation due to the fault of the Client.
3. Access the Services from a country where Services are not provided by Bittex, according to Section 4.2 of the Agreement.
4. Use an anonymous account.

Sending Notification of the parties, Communication

1. The Client confirms that she/he agrees with the provision of notifications by Bittex to the Client by publishing them on the System’s website and sending them via the email address indicated by the Client during registration in the System.
2. Bittex shall have the right to adjust its commission and fees in accordance with any changes in fees charged to Bittex by a third party. Bittex will use commercially reasonable efforts to inform the Client of any such fee changes at least thirty (30) calendar days prior to the fee changes taking effect, unless Bittex has been notified by the third party of said changes within a shorter timeframe or is required to pay such charges in a shorter timeframe.
3. The Client undertakes to check his/her email inbox and other instruments used for the reception of notifications indicated on the Account at least once a business day, in order to notice notifications about changes in the Agreement in time.
4. The Client must renew the contact data (telephone number, email address, and post address) on his/her Account within 1 working day. If the Client fails to renew the contact data on his/her Account, all consequences due to the failure of Bittex to submit notifications to the Client shall fall on the Client.
5. Client shall immediately inform Bittex about theft or other loss of his/her personal identity document.
6. The Parties shall immediately inform each other about any circumstances significant for the execution of the Agreement. The Client shall submit documents substantiating such circumstances (e.g., changes in the name, surname, signature, address, phone number, other contact data, personal document, initiation of bankruptcy proceedings against the Client, etc.), whether this information is already transferred to public registers or not in 10 (ten) working days from the date of change.
7. If the Client provides Bittex documents that do not comply with requirements set by the legal acts and/or Bittex, or reasonable doubts arise to Bittex about the authenticity or correctness of submitted documents, Bittex has the right to refuse to execute Payment orders submitted by the Client, suspend the provision of other Services, and/or demand from the Client to submit additional documents.
8. The Client has the right to learn valid amendments to the Agreement, its Supplements, and Pricing on Bittex’s website at any time.

Suspension of Service Provision. Termination of the agreement (Removal of the account)

1. Company has the right to unilaterally and without a prior warning apply one or several of the following measures:
   • suspend execution of transfers;
   • suspend provision of all or part of services to the Client;
   • limit Client’s access to the Account;
   • detain Client’s money which has caused a dispute;
   • fully or partially suspend Payment operations on the Account and/or the Payment instrument;
   • refuse to provide services;
   • return arrested funds on the Account of the Client to the primary sender of funds.
2. In this case, at first funds of primary senders are arrested on the Account of the Client, and if the Client does not perform requested actions (additional identification of the Client, submitting requested documents) within the set time period or if the Client does not submit a reasoned explanation of the indicated case, the arrested funds shall be returned to the primary sender.
3. In case Bittex has reasonable suspicions that the Client is engaged in money laundering, financing of terrorism or other criminal activity is processed, Bittex has the right to suspend provision of services without providing the Client with an explanation or notification until reasonable suspicions are fully denied or proved.
4. The Account and/or the Payment instrument can be blocked at the initiative of the Client if the Client submits a request to Bittex and informs Bittex that the Payment instrument of the Client has been stolen or lost in another way, or money on the Account and/or the Payment instrument is used or may be used in another illegal manner.
5. The Client has the right to terminate the Agreement unilaterally without appealing to the court, but she/he has to notify Bittex thereof in writing 30 (thirty) calendar days in advance. If the Client terminates the Agreement, money left on the account is returned to the same Client account, which it was written off.
6. Under a request of Bittex the Agreement and its Supplements may be terminated immediately if no operations have been made on the Account of the Client for more than a year.
7. Termination of the General agreement does not exempt the Client from appropriate execution of all responsibilities to Bittex, which have arisen until the termination.
8. Bittex shall have the right to terminate any existing business relationships between Bittex and Customer and to close any existing Account without any prior notice, if:

• the Customer has failed to furnish or has furnished false, incorrect, or incomplete information regarding their identity or the origin of their funds;
• the Customer is, or has been, connected with or suspicion arises to Bittex that the Customer is connected with money laundering and/or terrorist financing or performance of fraudulent activities;
• Bittex has suspicion that the Customer is using, has used, or has attempted to use the Account for conducting any unlawful activities, including for money laundering or terrorist financing-related operations, as well as for any activities aimed at circumventing international sanctions, restrictions, or prohibitions or national sanctions or any other restrictions;
• Bittex is in possession of information about the Customer’s reputation which may have a direct or indirect impact on the operations of Bittex or may cause unfavourable implications for Bittex;
• Bittex supervisory authority, any government institution, international organization, bank partner urges termination of the business relationship with the Customer;
• The Customer does not submit to Bittex with the information requested by Bittex or required under applicable laws.

Confidentiality and Data Protection

1. The Parties undertake to protect each other’s technical and commercial information, which has become known to them while executing the present Agreement. Client undertakes not to transfer technical and commercial information of Bittex to third parties without written consent from Bittex.
2. If the Client loses his/her Account Password or other Passwords, the Client undertakes to change the Passwords immediately or, if s/he does not have the possibility to do it, notify Bittex thereof immediately (not later than within one calendar day). Bittex shall not be liable for consequences that have originated due to the notification failure.
3. After Bittex receives the notification from the Client, it shall immediately suspend access to the Client’s Account and provision of Bittex services until a new password is provided/created for the Client.
4. Bittex draws the Client’s attention to the fact that the email and other instruments linked to the Bittex Account are used as instruments for communication with the Client and/or Client identification instruments. Thus, these instruments and logins to them shall be protected by the Client. The Client is fully responsible for the security of his/her email passwords and all the other instruments used by him/her and their login passwords. Passwords are secret information, and the Client is responsible for its disclosure and for all operations performed after the Password used by the Client for a relevant Account or another Payment instrument is entered.
5. The Parties expressly agree that messages transferred via mail and email can be considered evidence when settling disputes between Bittex and the Clients.
6. Please read our PRIVACY POLICY for more information regarding confidentiality and data protection.

Liability of the parties

1. Each Party is responsible for all fines, forfeits, losses which the other Party incurs due to a violation of the Agreement made by the guilty Party. The guilty Party undertakes to reimburse direct damage incurred due to such liability to the affected Party. In all cases, liability of Bittex under the Agreement is limited by the following provisions.
2. Bittex shall only be liable for direct damages caused by a direct and essential breach of the Agreement made by Bittex, and only for such damages, which could have been reasonably anticipated by Bittex during the breach of the Agreement.
3. In all cases, Bittex shall not be responsible for the profit and income the Client has not received, loss of the Client’s reputation, loss or failure of the Client’s business, and indirect damages.
4. Bittex does not guarantee uninterrupted System operation because System operation can be influenced (disordered) by many factors, which are beyond control of Bittex. Bittex shall put all efforts to secure as fluent System operation as possible; however, Bittex shall not be liable for consequences originating due to System operation disorders.
5. Bittex is not liable for any of the following types of loss or damage arising under or in connection with these Terms and Conditions or otherwise:
   • Money funds transfer from the Company Account and for other Payment operations with money on the Client’s Account if the Client has not protected his/her Passwords and identification instruments, and they have become known to other persons, and also for illegal actions and operations of third persons performed using counterfeited and/or illegal documents or illegally received data;
   • Errors made by banks, payment systems, and other third persons;
   • Consequences that arise after Bittex legally terminates the Agreement, cancels the Client’s Account, or limits access to it, also after a reasonable limitation/termination of the provision of a part of the Services;
   • Any loss of profits or loss of expected revenue or gains, including any loss of anticipated trading profits and / or any actual or hypothetical trading losses.
   • Any loss of or damage to reputation or goodwill; any loss of business or opportunity, customers or contracts; any loss or waste of overheads, management or other staff time; or any other loss of revenue or actual or anticipated savings.
   • Any loss of use of hardware, software, or data and / or any corruption of data; including but not limited to any losses or damages arising out of or relating to any inaccuracy, defect, or omission of digital currency price data; any error or delay in the transmission of such data; and / or any interruption in any such data.
   • Any loss or damage whatsoever that does not stem directly from the breach of these Terms by Bittex; and / or any loss or damage whatsoever that is in excess of that which was caused as a direct result of the breach of these Terms by Bittex (whether or not the Client is able to prove such loss or damage).
   • Any loss due to circumstances beyond the control of Bittex, such as war or the threat of war, a change of political regime, or other third-party actions.
   • The Client should be very attentive while specifying the wallet number. In case a typing error was made and the funds were directed to the wallet, which is different from the one belonging to the Client, the transaction is irrevocable. It is suggested to use a wallet that only the Client has access to. Bittex does not bear the responsibility for the loss which may result from a typing error and / or the use of the wallet, which is accessible to third parties.
6. The Client is fully responsible for the correctness of data and orders provided for Company and when filling in documents in the System.
7. The Client bears all the losses that have arisen due to unauthorised Payment operations these loses have been incurred due to:
   • usage of a lost or stolen Payment instrument;
   • illegal acquisition of a Payment instrument if the Client has not protected personalised security features (including identity confirmation instruments).
8. The Party is relieved from the liability for failure to perform the Agreement if it proves that the Agreement has not been executed due to circumstances of Force Majeure, which are proven in accordance with the procedure established by the law. The Client shall notify Company about Force Majeure circumstances, which prevent execution of the Agreement in written within 10 (ten) calendar days after the day of occurrence of such circumstances. Company shall notify the Client about Force Majeure circumstances via email or on the System websites.
9. The Client should immediately notify Company if:
   • there has been an unauthorised transaction sent from Client account.
   • there has been unauthorised access to Client account.
   • Company strongly recommends monitoring account closely on regular basis.

Risks

1. Bittex shall not be responsible for any damage or loss incurred by the Client as a result of the Services. By accepting the Terms & Conditions, the Client acknowledges that they have fully read and understood and are aware of the possible risks related to the Services, and electronically signs an agreement with the Company made by these Terms and Conditions.
2. The Client confirms that they understand and agree that the risks associated with the Services are acceptable, taking into account their objectives and financial capabilities.
3. The Client acknowledges that purchasing or selling Cryptocurrency carries significant risk. Prices can fluctuate on any given day. Because of such fluctuations, Cryptocurrency may gain or lose value at any time. Cryptocurrency may be subject to large swings in value and may even become absolutely worthless. Cryptocurrency trading has special risks not generally shared with official currencies, goods, or commodities in a market. Unlike most currencies, which are backed by governments or other legal entities, or commodities such as gold or silver, Cryptocurrency is a unique kind of currency, backed by technology and trust. There is no central bank that can take corrective measures to protect the value of Cryptocurrency in a crisis or issue more currency.
4. The Client acknowledges and agrees that Bittex does not act as a financial advisor, does not provide investment advice services, and any communication between the Client and Bittex cannot be considered as investment advice. The Company provides exclusively the exchange services and does not provide brokerage services to the customers. Without prejudice to our foregoing obligations, in asking us to enter into any transaction, the Client represents that they have been solely responsible for making their own independent appraisal and investigations into the risks of the transaction. The Client represents that they have sufficient knowledge, market sophistication, and experience to make their own evaluation of the merits and risks of any transaction and that they received professional advice thereon. Bittex gives no warranty as to the suitability of the Services and assumes no fiduciary duty in our relations with the Client.
5. The Client confirms that they understand that for various reasons their user account may become temporarily suspended and may not be accessible, or the wallet may not be operational. The Client agrees to waive any and all rights, claims, or causes of action of any kind pertaining to any damage as a result of such action.
6. Bittex is not liable for any price fluctuations in Cryptocurrency. In the event of a market disruption, Bittex may, at its discretion and in addition to any other right and remedy, suspend the Services. Bittex will not be liable for any loss suffered by the Client resulting from such action. Following any such event, when Services resume, the Client acknowledges that prevailing market rates may differ significantly from the rates available before such an event.

Client’s Disputes

1. Company aims to settle all disputes with the Client amicably, promptly and on terms acceptable to Parties; thus, in case of a dispute, Clients are encouraged to, first of all, address Company directly. Disputes are solved by negotiation.
2. The Client may submit any claim or complaint regarding services provided by Company by sending a notification via email.
3. The complaint shall specify circumstances and documents on the bases of which the complaint has been submitted. If the Client bases his/her complaint on documents, which Company does not possess, the Client shall also submit such documents or their copies when filing the complaint.
4. Terms of examination of claims or complaints of Clients:

• Company shall examine Client’s claim or complaint and notify the Client about the decision not later than within 30 (thirty) days, except when legal acts or other Company binding acts related to provision of Services establish a different time limit.
• If Company cannot provide the answer to the complaint of the Client within this time period, Company shall inform the Client about the reasons and indicate when the Client will receive the answer;
• If the Client is not satisfied with the decision of Company, the Client has the right to use all other legal remedies to protect his/her rights.

Governing Law

1. These Terms & Conditions shall be governed by and construed in accordance with the laws of Poland, without giving effect to any principles of conflicts of law. Any legal action or proceeding arising out of or related to these Terms & Conditions shall be brought exclusively in the courts of Poland.

Final Provisions

1. Titles of sections and articles of the Agreement are intended solely for the convenience of the Parties and cannot be used for interpretations of provisions of the present Agreement.
2. Bittex shall not be responsible for the execution of tax obligations of the Client or the calculation and transfer of taxes applied to the Client.
3. If any provision of the Agreement is recognised as invalid, the other provisions of this Agreement do not cease to apply.
4. Links to websites given in the Agreement and Supplements regulating the provision of separate services are integral parts of this Agreement and are applied to the Client from the moment they start using the respective service.

Form of the Terms

The Client and the Bittex exchange place acknowledge that the digital form of this terms is legally equal to the agreement executed in written form.

Disclaimer

Due to the exchange rate difference, the difference in the time of the transaction, as well as other circumstances affecting the course, the size of the real Commission may be different from the stated.