Terms and Conditions
Please read the terms carefully as they govern your use of Bithashex OÜ Services. THESE TERMS CONTAIN IMPORTANT PROVISIONS INCLUDING AN ARBITRATION PROVISION THAT REQUIRES ALL CLAIMS TO BE RESOLVED BY WAY OF LEGALLY BINDING ARBITRATION. The terms of the arbitration provision are set forth in Article 10, “Resolving Disputes: Forum, Arbitration, Class Action Waiver”, hereunder. As with any asset, the values of Digital Currencies (as defined below) may fluctuate significantly and there is a substantial risk of economic losses when purchasing, selling, holding or investing in Digital Currencies and their derivatives. BY MAKING USE OF BITHASHEX OÜ SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; (2) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF BITHASHEX OÜ SERVICES AND TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; AND (3) BITHASHEX OÜ SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.
By accessing, using or attempting to use Bithashex OÜ Services in any capacity, you acknowledge that you accept and agree to be bound by these Terms. If you do not agree, do not access Bithashex OÜ or utilize Bithashex OÜ services.
1.1 Bithashex OÜ
1.2 Bithashex OÜ Operators
- Refer to all parties that run Bithashex OÜ, including but not limited to legal persons, unincorporated organizations and teams that provide Bithashex OÜ Services and are responsible for such services. For convenience, unless otherwise stated, references to “Bithashex OÜ” and “we” in these. Terms specifically mean Bithashex OÜ Operators. UNDER THESE TERMS, BITHASHEX OÜ OPERATORS MAY CHANGE AS BITHASHEX OÜ’S BUSINESS ADJUSTS, IN WHICH CASE, THE CHANGED OPERATORS SHALL PERFORM THEIR OBLIGATIONS UNDER THESE TERMS WITH YOU AND PROVIDE SERVICES TO YOU, AND SUCH CHANGE DOES NOT AFFECT YOUR RIGHTS AND INTERESTS UNDER THESE TERMS. ADDITIONALLY, THE SCOPE OF BITHASHEX OÜ OPERATORS MAY BE EXPANDED DUE TO THE PROVISION OF NEW BITHASHEX OÜ SERVICES, IN WHICH CASE, IF YOU CONTINUE TO USE BITHASHEX OÜ SERVICES, IT IS DEEMED THAT YOU HAVE AGREED TO JOINTLY EXECUTE THESE TERMS WITH THE NEWLY ADDED BITHASHEX OÜ OPERATORS. IN CASE OF A DISPUTE, YOU SHALL DETERMINE THE ENTITIES BY WHICH THESE TERMS ARE PERFORMED WITH YOU AND THE COUNTERPARTIES OF THE DISPUTE, DEPENDING ON THE SPECIFIC SERVICES YOU USE AND THE PARTICULAR ACTIONS THAT AFFECT YOUR RIGHTS OR INTERESTS.
1.3 Bithashex OÜ Services
- Refer to various services provided to you by Bithashex OÜ that are based on Internet and/or blockchain technologies and offered via Bithashex OÜ websites, mobile applications, clients and other forms (including new ones enabled by future technological development). Bithashex OÜ Services include but are not limited to such Bithashex OÜ ecosystem components as Digital Asset Trading Platforms, the financing sector, Bithashex OÜ Labs, Bithashex OÜ Info, Bithashex OÜ Launchpad, Bithashex OÜ Research, Bithashex OÜ Chain, Bithashex OÜ X, Bithashex OÜ Fiat Gateway, existing services offered by Trust Wallet and novel services to be provided by Bithashex OÜ.
1.4 Bithashex OÜ Platform Rules
- Refer to all rules, interpretations, announcements, statements, letters of consent and other contents that have been and will be subsequently released by Bithashex OÜ, as well as all regulations, implementation rules, product process descriptions, and announcements published in the Help Center or within products or service processes.
- Refer to all individuals, institutions or organizations that access, download or use Bithashex OÜ or Bithashex OÜ Services and who meet the criteria and conditions stipulated by Bithashex OÜ. If there exist other agreements for such entities as developers, distributors, market makers, and Digital Currencies exchanges, such agreements shall be followed.
1.6 Digital Currencies
- Refer to encrypted or digital tokens or cryptocurrencies with a certain value that are based on blockchain and cryptography technologies and are issued and managed in a decentralized form.
1.7 Digital Assets
- Refer to Digital Currencies, their derivatives or other types of digitalized assets with a certain value.
1.8 Bithashex OÜ Accounts
- Refer to the foundational virtual accounts, including main accounts and subaccounts, which are opened by Bithashex OÜ for Users to record on Bithashex OÜ their usage of Bithashex OÜ Services, transactions, asset changes and basic information. Bithashex OÜ Accounts serve as the basis for Users to enjoy and exercise their rights on Bithashex OÜ.
1.9 Crypto-to-crypto Trading
- Refers to spot transactions in which one digital currency is exchanged for another digital currency.
1.10 Fiat Trading
- Refers to spot transactions in which Digital Currencies are exchanged for fiat currencies or vice versa.
1.11 Collateral Accounts
- Refer to special accounts opened by Users on Bithashex OÜ to deposit and withdraw collateral (such as margins) in accordance with these Terms (including the Bithashex OÜ Contract Services Agreement and Bithashex OÜ Platform Rules), as required for contract transactions, leveraged trading and/or currency borrowing services.
- Refers to Bithashex OÜ’s lending of Digital Currencies to Users at an interest collected in certain ways (in the form of Digital Currencies), including but not limited to the leveraged trading and currency lending services currently offered, and other forms of loan/lending services to be launched by Bithashex OÜ.
The Terms shall govern the relationship between the Client and BITHASHEX OÜ (hereinafter collectively referred to as the "Parties"), subject to general industry standards and established rules of practice. In particular, the provisions set forth below shall govern the legal relationship between the Parties with regard to use of the BITHASHEX OÜ Platform for the purpose of executing transactions via the BITHASHEX OÜ Platform.
3.PROVISION OF SERVICES
3.1 Registration and Relationship Acceptance
- When registering a BITHASHEX OÜ Account to enable trading through the BITHASHEX OÜ Platform, the Client has to complete the registration and relationship acceptance procedures ("acceptance procedure"). The Client must be duly accepted. The acceptance procedure is defined exclusively by BITHASHEX OÜ.
3.2 International Restrictions
- The Client understands that BITHASHEX OÜ complies with international restrictions imposed by countries on Digital Assets trading. The Client, therefore, accepts that BITHASHEX OÜ may decline a registration and/or relationship with Clients who fall under such restrictions.
3.3 Account Creation
- In order to engage in any trades or services on the BITHASHEX OÜ Platform, the Client must create a BITHASHEX OÜ Account and provide all requested information to BITHASHEX OÜ. When a BITHASHEX OÜ Account is created, the Client agrees and warrants to:
- Create a strong password, following BITHASHEX OÜ instructions, which is used exclusively for BITHASHEX OÜ;
- Provide accurate and truthful information;
- Maintain and promptly update the BITHASHEX OÜ Account information;
- Maintain the security of the BITHASHEX OÜ Account by protecting the password and restricting access to the BITHASHEX OÜ Account;
- Promptly notify BITHASHEX OÜ if the Client discovers or otherwise suspects any security breaches related to the BITHASHEX OÜ Account; and
- Take responsibility for all activities that occur under the BITHASHEX OÜ Account and accept all risks of any authorized or unauthorized access to the BITHASHEX OÜ Account, to the maximum extent permitted by law.
3.4 Joint Accounts
- The client is not allowed to share the account with another individual or entity.
3.5 Account Security Incidents
- If the Clients suspects that his BITHASHEX OÜ Account or any of the security details have been compromised or the Client becomes aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting the BITHASHEX OÜ Account and/or BITHASHEX OÜ (together a "Security Breach"), the Client must notify BITHASHEX OÜ as soon as possible by email at Support@bithashex.com and continue to provide accurate and up to date information throughout the duration of the Security Breach. The Client must take all steps that are reasonably required to reduce, manage or report any Security Breach. Failure to provide prompt notification of any Security Breach may lead to the loss of Digital Assets maintained on the BITHASHEX OÜ Account.
3.6 Username and Password
- In order to access the BITHASHEX OÜ Platform, the Client is required to create security details, including a username and password. The Client is responsible for keeping the electronic device through which he accesses the BITHASHEX OÜ Platform safe and maintaining adequate security and control of any and all security details used to access the BITHASHEX OÜ Platform. This includes taking all reasonable steps to avoid the loss, theft or misuse of such electronic device and ensuring that such electronic device is encrypted, and password protected. Any loss or compromise of the Client´s electronic device or security details may result in unauthorized access to the BITHASHEX OÜ Account by third-parties and the loss or theft of any Digital Assets and/or funds held in the BITHASHEX OÜ Account and any associated accounts, including your linked bank account(s) and credit card(s).
- Any person logging onto the system by entering the correct email/username and personal password or identifying himself to BITHASHEX OÜ as a BITHASHEX OÜ Account authorized person by giving the correct email/username and personal password shall have access to the BITHASHEX OÜ Platform. The Client shall be obliged to keep the password secret at all times, to keep it out of reach of third parties and to protect it from misuse. The Client is advised to change the password regularly. The Client shall bear sole responsibility for any consequences of the loss or misuse of his email/username and/or password. BITHASHEX OÜ shall not be liable for any damage resulting from the loss or misuse of the Client's email/username and/or password. Except for gross negligence on the part of BITHASHEX OÜ, any loss or damage arising from invalidity or undiscovered fraud shall be borne by the Client. The Client undertakes to inform BITHASHEX OÜ immediately if the BITHASHEX OÜ Account needs to be blocked or the email/username and/or password need to be blocked or replaced. At its discretion, BITHASHEX OÜ may likewise introduce and require additional levels of identification, such as 2-Factor-Authentication.
3.8 Irrevocable entitlement
- Any person verifying his identity in accordance with item 3.5 above shall be considered entitled to use the BITHASHEX OÜ Platform on the Client's behalf. BITHASHEX OÜ shall be entitled to assume that orders and instructions arising in this manner have been duly approved and issued by the Client and/or authorized persons.
- During the acceptance procedure, BITHASHEX OÜ will request documentation and/or information (e.g. through a form) from the Client. The Client must provide BITHASHEX OÜ with all documents and information promptly and accurately. The Client accepts that delays from his/its side to provide documents and/or information may delay the acceptance procedure.
- BITHASHEX OÜ shall request additional information and/or documentation when deemed necessary to clarify any doubts relating to the Client's identity, the purpose of the relationship and/or related to any other topic. The Client accepts that depending on the service chosen, BITHASHEX OÜ may request further information and documents.
- The client acknowledges that the deliberate provision of false information during the acceptance procedure is liable to prosecution according to Estonian Criminal Code (document forgery).
- BITHASHEX OÜ is not, under any circumstance, obliged to return the documents provided by the Clients.
- BITHASHEX OÜ shall unilaterally accept or reject potential Clients without giving reasons in accordance with its own internal rules, as well as international Anti-Money Laundering and Countering of Terrorism Financing regulations and guidelines (hereafter, "AML & CTF regulations and guidelines").
3.11 Provision of cross-border services (local restrictions)
- The Client confirms that he took the steps to open a BITHASHEX OÜ Account on his own initiative and that BITHASHEX OÜ did not approach him in this regard; if this is not the case, the Client undertakes not to finalize the registration. The Client shall request information on other services provided by BITHASHEX OÜ to which he has not yet subscribed. BITHASHEX OÜ shall decide at its sole discretion whether or not to communicate such information to the Client. The Client is aware that BITHASHEX OÜ may not be able to provide him with all or some of its services and/or products based on his place of residence and/or status. Similarly, www.bithashex.com may not be accessible based on the Client's place of residence. This applies in particular to Clients resident in a country where the distribution of information contained on www.bithashex.com contravenes laws in that country. The Client is obliged to inform BITHASHEX OÜ of any change in place of residence or status which could affect the provision of services and/or products by BITHASHEX OÜ. Unless otherwise indicated by BITHASHEX OÜ, the information published on www.bithashex.com or sent to the Client shall not be construed as constituting an offer.
3.12 Blocking access
- BITHASHEX OÜ reserves the right to block the Client's access at any time, without explanation and without notice, to the extent it deems such blockage appropriate. The Client may at any time request BITHASHEX OÜ to block its BITHASHEX OÜ Account with immediate effect. The blockage can only be revoked by the Client in writing.
3.13 Fiscal responsibility
- The Client is aware and accepts that BITHASHEX OÜ does not provide any tax or legal advice of any kind. The Client confirms that he is in compliance with the tax regulations of the country or countries in which he assumes fiscal responsibility. BITHASHEX OÜ shall not verify the fiscal integrity of the Client and accepts no responsibility in this regard. The Client is aware that it is his responsibility to ensure that the fiscal implications of his activities with BITHASHEX OÜ are controlled. The Client will, if need be, request advice from legal or tax experts.
3.14 Lack of legal capacity
- Damage resulting from the Client's lack of legal capacity shall be exclusively borne by the Client. In any event, the Client shall bear any damage resulting from lack of legal capacity on the part of other third parties having access to the Client's BITHASHEX OÜ Account.
4. BITHASHEX OÜ PLATFORM
BITHASHEX OÜ provides an online trading platform, operated as a currency exchange and currently limited to payment and utility token. The BITHASHEX OÜ Platform is comprised of an order book and a matching engine. Transactions in digital assets are matched directly between counterparties. For “Buy” and/or “Sell” orders against FIAT, BITHASHEX OÜ is the counterparty. BITHASHEX OÜ may, in certain cases, act as intermediary to adhere to legal and regulatory requirements.
BITHASHEX OÜ as well as other Group entities undertake to make its technical systems and specialist knowledge available to Client to enable the latter to execute transactions on the BITHASHEX OÜ Platform. BITHASHEX OÜ grants its Clients the access to and right to use the BITHASHEX OÜ Platform. Certain services are subject to fees according to a separate fee schedule.
The access and right of use are non-exclusive and non-transferable. The Client shall not be entitled in any event to copy, modify, reproduce the software provided by BITHASHEX OÜ nor to distribute it in any other way, except when explicitly allowed by BITHASHEX OÜ. Exceptions may apply to certain parts of the software under open source licensing when explicitly announced by BITHASHEX OÜ. The Client shall be liable to BITHASHEX OÜ for any damage resulting directly or indirectly from any infringement of this provision.
5. INFORMATION DISCLOSED ON THE BITHASHEX OÜ PLATFORM
BITHASHEX OÜ strives to maintain the accuracy of information published on bithashex.com. However, it cannot guarantee the accuracy, suitability, reliability, completeness, performance or fitness for purpose of the content on www.bithashex.com and will not accept any liability for any loss or damage that may arise directly or indirectly from the content. Information on www.bithashex.com can be subjected to change without notice and is provided for the primary purpose of facilitating Clients to arrive at independent decisions.
6. CLIENT'S INVESTMENT DECISIONS
The Client is aware that, while he may be able to access Digital Assets specific research reports and selection and advisory tools via www.bithashex.com (without being limited to computerized online services), the availability of such information and tools does not constitute, neither implies a recommendation or an advice to buy or sell any of the Digital Assets mentioned therein. The Client's investment decision shall be based solely on his own evaluation of his financial circumstances, investments objectives and risk appetite. To get more information, check the Risk Disclosure.
The Client shall bear sole responsibility for all orders placed on the BITHASHEX OÜ Platform in respect of accounts for which he has authorization. The data published or transmitted shall not represent an offer unless BITHASHEX OÜ expressly indicates the contrary. The Client undertakes not to hold BITHASHEX OÜ or any of its officers, directors, employees, agents, subsidiaries or affiliates liable for any trading losses or other losses caused by the Client's investments decisions.
Crypto assets are volatile. The Client should be fully aware of the level of risk involved before trading on the BITHASHEX OÜ Platform. It is the Client's responsibility to make qualified/informed investment decisions. The Client commits to research and accurately understand the suitability of the Digital Asset in which intends to invest on. In case the Client does not have the means to make qualified/informed investment decisions, The Client commits to seek professional advice before trading in Digital Assets.
7. TRADING HOURS
The BITHASHEX OÜ Platform is available around the clock, except during maintenance time and/or unavailability due to exceptional reasons, e.g. cyber-attacks. BITHASHEX OÜ is not liable for any malfunction or inability to access the BITHASHEX OÜ Platform attributable to third parties, because of unsuitable equipment of the User or because of any other circumstances not attributable to BITHASHEX OÜ.
As a general rule and subject to express authorization in special cases, in order to execute orders, BITHASHEX OÜ shall require that the Client contains purchasing power equal to or greater than the cost price of the Digital Assets prior to the trading date. He shall bear liability for all his orders, including any which exceeds the funds available in the Client's possession. Where BITHASHEX OÜ receives from the same Client multiple orders with a combined total exceeding the funds available or the approved threshold, BITHASHEX OÜ shall be entitled to decide which orders to execute wholly or in part, regardless of the order in which they were received. If BITHASHEX OÜ has executed an order despite a lack of sufficient funds received, the Client shall be obliged to provide sufficient cover without delay e.g. by transferring additional funds. The Client accepts that placed orders may not be necessarily executed in case of any failure on the BITHASHEX OÜ Platform, due to technical and security reasons and/or any failure from services providers.
9.ERRONEOUS OR DELAYED EXECUTION OF ORDERS
In the event of an erroneous, incomplete or delayed execution of an order, BITHASHEX OÜ FL's liability shall be limited to the interest lost unless it has been alerted to the risk of more extensive damage.
10.ERRONEOUS TRANSACTIONS AND ERRONEOUS ENTRIES (MIS-TRADES)
The Client is aware and accepts that BITHASHEX OÜ reserves the right to declare an executed transaction invalid if, for example, authorities believe the transaction is clearly the result of an erroneous transaction or entry. If, in the meantime, the Client has sold on the digital asset affected by the erroneous transaction or entry, this constitutes a short sale. The Client accepts and assumes the risk of erroneous transactions, erroneous entries and short sales. The Client is aware and agrees that short sales are not allowed and will thus automatically be covered by BITHASHEX OÜ without further notification, i.e. negative positions will be closed out. BITHASHEX OÜ expressly draws attention to the fact that digital assets to be sold by the Client must be present in the Client's account in a long position permitting proper delivery on or before the settlement date of the respective transaction. Save where guilty of willful intent or gross negligence, BITHASHEX OÜ shall not be liable for any damage in connection with such a declaration from the exchange. Upon learning that assets credited to his account must in all good faith be assumed to have been credited erroneously, the Client shall be obliged to notify BITHASHEX OÜ immediately of the credit entry either in writing or orally.
11. ACCOUNT CURRENCIES
BITHASHEX OÜ Accounts will be maintained in cryptocurrencies, Digital Assets value respectively.
12. AUTHENTICATION AND VERIFICATION OF IDENTITY
BITHASHEX OÜ undertakes to verify with all due care the identity of the Clients and their authorized agents. BITHASHEX OÜ shall not be obliged to take further identification measures. BITHASHEX OÜ shall not be held responsible for the consequences of any falsifications or identification errors that it has failed to recognize despite exercising due care.
13. COMBATING MONEY LAUNDERING AND TERRORIST FINANCING
BITHASHEX OÜ shall be entitled to ask the Client to supply information regarding circumstances or background of certain transactions. Where necessary, the Client must supply such information immediately. If a Client fails to supply the information requested by BITHASHEX OÜ, BITHASHEX OÜ shall be entitled to decline the execution of the instructions received from the Client, in particular those requiring the transfer of assets. If BITHASHEX OÜ deems the information supplied to be unsatisfactory or incomplete, it may at its discretion immediately terminate the business relationship with the Client or have access to the assets blocked. Furthermore, pursuant to the provisions of AML & CTF regulations and guidelines and other applicable legislation, BITHASHEX OÜ may notify the relevant authorities and freeze the Client´s Digital Assets and/or block and/or cancel the BITHASHEX OÜ Account until the authorities have reached a decision on the matter. Provided BITHASHEX OÜ has complied with the provisions and regulations set forth in international legislation for the prevention of money laundering enacted by the respective competent authority, it shall not be liable for losses resulting from any failure to execute Client instructions or from their faulty or delayed execution.
14. RIGHT OF LIEN AND SET-OFF
For the purpose of redeeming all debts and other liabilities of the Client to BITHASHEX OÜ FL, BITHASHEX OÜ has a right of lien on Digital Assets held or kept in storage now or in future by BITHASHEX OÜ in favor of any existing or future Client's BITHASHEX OÜ Account, including any account in which the Client may have an interest. BITHASHEX OÜ shall have the right to set off against any amounts due from BITHASHEX OÜ all its existing claims against the Client regardless of whether such claims are due or of the currencies in which they are denominated. Upon expiration of the time limit allowed to the Client, BITHASHEX OÜ shall be entitled at its discretion to proceed with the compulsory realization of pledged Digital Assets or to realize them on the open market through sale or appropriation. BITHASHEX OÜ has a duty to provide a settlement statement and shall credit any surplus to the Client's BITHASHEX OÜ Account. The Client hereby authorizes BITHASHEX OÜ and BITHASHEX OÜ shall be entitled to transfer Digital Assets held on behalf of the Client or his representative from or to any BITHASHEX OÜ Account held by the Client whenever BITHASHEX OÜ deems such transfer necessary for its own protection. The Client hereby expressly authorizes BITHASHEX OÜ FL, in the event of an interest being established in favor of a third party, to draw BITHASHEX OÜ FL's attention to any higher-ranking interest accruing to the pledger pursuant to the BITHASHEX OÜ and the Client.
BITHASHEX OÜ reserves the right to outsource all or part of its activities under its monitoring and its own responsibility, with respect to the applicable legal and regulatory provisions in this regard. BITHASHEX OÜ is thus authorized to call on the assistance of Group entities or independent companies. Where information regarding the Client is communicated to an external service provider or another Group entity, this is covered by the rules on data protection.
16.EXCLUSION OF LIABILITY
BITHASHEX OÜ shall not be held liable by the Client for proven damage resulting from any action or omission, except in the event of malicious intent or gross negligence. In the event of an error made by a service provider, BITHASHEX OÜ shall only be responsible if it neglected its obligations of due diligence when selecting and instructing the service provider.
17. STORAGE OF DIGITAL ASSETS
17.1 Scope of application
- As part of the Terms, this Digital Asset Storage Agreement (hereinafter "Storage Agreement") shall apply to the Digital Assets entrusted to and accepted by the BITHASHEX OÜ Platform. Any separate agreements or special conditions governing BITHASHEX OÜ Accounts shall apply in addition to this Storage Agreement. In the event of differences, this Storage Agreement shall prevail.
17.2 Acceptance of assets
- BITHASHEX OÜ shall accept Digital Assets allocated to the Client´s BITHASHEX OÜ Account to be deposited and stored on the BITHASHEX OÜ Platform. Fiat currencies defined as official currencies regulated by a government are only accepted to be exchanged into Digital Asset. Fiat currencies cannot be deposited and stored on the BITHASHEX OÜ Platform.
17.3 Duty of diligence
- BITHASHEX OÜ shall keep and manage the entrusted Digital Assets with due care.
17.4 Transfer of Digital Assets
- The Client may transfer Digital Assets into its BITHASHEX OÜ Account at any time. Withdrawals of Digital Assets will be delivered or made available to Clients private wallets according to the necessary time for settlement of the transaction on the BITHASHEX OÜ platform. This includes the need for further Client authentication and verification, as well as the operational preparation of such transactions. BITHASHEX OÜ may require additional verifications from the Client before authorizing a withdrawal. The costs of delivery shall be borne in accordance with the fee schedule.
17.5 Form of storage
- To ensure the secure and safe storage of Digital Assets, BITHASHEX OÜ manages multiple online, offline and hybrid wallets dedicated to supported cryptocurrencies and assets. Those wallets are either fully operated and controlled by BITHASHEX OÜ FL, or partially managed through a third-party service provider. This form of storage may result in Client's assets being pooled or placed in an omnibus account. Unless instructed otherwise, BITHASHEX OÜ is entitled to hold Digital Assets and cryptocurrencies with other assets of their kind, transfer them to a third party for safekeeping or hold them in collective depository. BITHASHEX OÜ is in particular explicitly authorized to store Client´s Digital Assets using third-party services partially operated offline from the related blockchain. The third-party service provides secure means to maintain and administer Digital Assets traded on the BITHASHEX OÜ Platform.
- A service partially operated offline from the blockchain is a service where internal transactions may occur without being recorded on the blockchain and/or where some transactions are not possible without an additional validation/operation made offline from the blockchain. If the service is never connected to the blockchain, this leads to an offline wallet. If the service is connected to the blockchain (either only occasionally for being synchronized or for part of the transactions), this leads to a hybrid wallet.
- BITHASHEX OÜ Platform relies in particular on hybrid wallets that can automatically receive incoming transactions but for which out coming transactions are restricted by internal security policy before being built and broadcasted to the blockchain.
17.6 Period of validity
- The validity of the Storage Agreement is generally not subject to any specific time limit. The legal consequences established with this Storage Agreement shall not lapse with the death, incapacity or bankruptcy of the Client.
17.7 Statements of digital assets held
- BITHASHEX OÜ shall issue a statement to the Client of the Digital Assets held in their BITHASHEX OÜ account. This notification is usually made at the end of the year. This statement may include Digital Assets other than those covered by the present provisions (e.g. staking).
17.8 Applicable rules and provisions
- All transactions for account of the Client shall be subject to the bylaws, constitution, rules, provisions, oversight, customs and usages of the exchange or market, and its clearing house, if any, on which such transactions are executed and/or cleared by BITHASHEX OÜ or its agents, including but not limited to BITHASHEX OÜ´s subsidiaries and affiliates.
18.1 Fees, remuneration and compensation
- BITHASHEX OÜ shall credit and debit commission, agreed or standard fees, and taxes due in accordance with the schedule published on its website. BITHASHEX OÜ reserves the right to modify its rates and commission at any time, particularly in the event of changes in market conditions. It shall inform the Client thereof by means of circular, publication on its website, e-mail, notification in the Client's account, or by any other means deemed appropriate. These changes are considered to have been approved unless challenged in writing within one month. The Client acknowledges and accepts that BITHASHEX OÜ may be required to pay to third parties compensation, remuneration and other benefits, including retrocessions and other indirect monetary benefits (hereinafter "remunerations") for the acquisition of clients and/or the provision of services. These remunerations are calculated in principle as a percentage of fees and commissions paid by the Client and/or based on the assets held by BITHASHEX OÜ. BITHASHEX OÜ shall inform the Client on request of remunerations affecting him. The Client also acknowledges and accepts that BITHASHEX OÜ receives and retains indemnities (e.g. commissions for distribution), fees and other payments from third parties (including companies that are part of the same group as BITHASHEX OÜ) and that it may redistribute these to third parties in the course of its commercial activity and its business relationship with the Client. Where BITHASHEX OÜ receives remuneration which, in the absence of contractual regulation, should be passed on to the Client pursuant existing regulations, the Client formally renounces the transfer thereof and accepts that BITHASHEX OÜ may retain this sum as a supplementary compensation. BITHASHEX OÜ shall provide the Client on request additional information on remunerations concerning him. In the event of conflicts of interest based on the services indicated above, BITHASHEX OÜ shall ensure that the Client's interests are protected. BITHASHEX OÜ is free to set the amount of compensation which it may debit directly from the Client's account for complementary services which are not subject to a fee or service tariff but which it has provided to the Client at his request and in his presumed
- interest and, based on the situation, which may only be requested in return for compensation.
- The Client authorizes BITHASHEX OÜ to debit directly from his account any fees, commissions, expenses or other costs due connected with the additional services that he has requested.
18.2 Additional services
- The Client hereby authorizes BITHASHEX OÜ to debit all fees, commissions, expenses or other costs incurred in connection with services requested by him directly to his BITHASHEX OÜ Account.
19.1 Confidentiality and renunciation of confidentiality
- BITHASHEX OÜ is committed to adhere to confidentiality and secrecy regulations. BITHASHEX OÜ is aiming to observe the strictest discretion regarding business relationships with its Clients. The provided confidentiality remains valid, even after these relationships have ceased. The Client hereby releases BITHASHEX OÜ from its duty of confidentiality insofar as this is necessary in order to protect the Client's and/or BITHASHEX OÜ's legitimate interests, in particular:
- In the event of supervisory or other competent authorities' actions
- In the event of legal action being instigated by the Client against the BITHASHEX OÜ
- To secure BITHASHEX OÜ's claims or realize collateral provided by the Client or third parties
- For the purpose of establishing interests in favor of a third party
- For the purpose of collecting claims held by BITHASHEX OÜ against the Client
- In the event of accusations made by the Client against BITHASHEX OÜ in public or before domestic or foreign authorities;
- For domestic or cross-border payment transactions or transactions involving foreign digital assets. BITHASHEX OÜ is entitled to communicate the Client's information, such as name, address and IBAN (International Bank Account Number) or his account details, to the parties concerned (in particular, the correspondence banks of BITHASHEX OÜ, to operators of payment transaction systems, SWIFT (Society for Worldwide Interbank Financial Telecommunication) and to beneficiaries. By giving a payment order or acquiring an investment, the Client formally authorizes BITHASHEX OÜ to communicate his client data and to pass on information;
- National and cross-border transactions as part of corporate actions, as well as transactions executed by SIC/SWIFT. BITHASHEX OÜ is entitled to communicate to the banks, central depositories and Estonian and foreign system operators concerned the name, address, IBAN, account number or custody account number of the final beneficiary account holder, the registered shareholder or other parties involved in the transaction
- In the event of investments made abroad, BITHASHEX OÜ is entitled, in accordance with the legislation of the country concerned, to communicate on request in particular the surname and the first name of the order originator or depositor of the digital assets as well as other client details (in particular regarding the beneficial owner) to the responsible authorities to third-party custodians or to suppliers of products.
- BITHASHEX OÜ is explicitly authorized to disclose confidential information to fulfill its legal, administrative and/or statutory duties of disclosure.>
20.1 Confirmations and/or Notifications
- All notifications from BITHASHEX OÜ may, at its own discretion, be sent by e-mail or any other mode of communication deemed appropriate by BITHASHEX OÜ. Notifications shall be deemed duly delivered as soon as they have been sent to the most recent address supplied by the Client to BITHASHEX OÜ. The Client shall bear all risk of delay, loss or falsification of the notifications sent to him. The Clients are fully responsible for acknowledging the content and consequences of the notifications, as well as take the necessary actions where required.
20.2 Monitoring and recording of communication
- The Client explicitly authorizes BITHASHEX OÜ to record and store, without further prior notice, telephone conversations and other communications, particularly electronic communications, in a manner which BITHASHEX OÜ at its discretion deems appropriate, and to monitor the Client's electronic communications with BITHASHEX OÜ. In the event of disputes, BITHASHEX OÜ reserves the right to make use of such recordings as means of evidence.
20.3 Hardware/Software and access to Bithashex OÜ website
- The Client shall assume responsibility for technical access to BITHASHEX OÜ's services. The Client shall be responsible for acquiring, installing and configuring hardware and software appropriate to establish a connection to the BITHASHEX OÜ Platform (computer, modem, bowser, etc.), as well as contracting Internet service provider. Consequently, BITHASHEX OÜ shall not assume any responsibility for the Internet service provider or for any software and hardware failure. Save where guilty or gross negligence or willful intent, BITHASHEX OÜ shall not be liable for any damage resulting from the Client's failure to perform his contractual obligations due to lack of Internet access and/or any hardware or software deficiency towards BITHASHEX OÜ or in connection with trading and exchanging operations. BITHASHEX OÜ is not liable for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect the Client´s computer or other equipment, or any phishing, spoofing or other attack. BITHASHEX OÜ advises the regular use of a reputable and readily available virus screening and prevention software. The Client should be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us. BITHASHEX OÜ client support will never ask to screen share or otherwise seek to access Client´s computer or account; similarly, BITHASHEX OÜ will not ask for the two actor authentication codes. The Client should always log into his BITHASHEX OÜ Account through www.bithashex.com to review any transactions or required actions in case of any uncertainty regarding the authenticity of any communication
20.4 Reservation of legal requirements
- All existing or future statutory provisions, administrative regulations and other applicable regulatory requirements in the field of the provided services, data protection, money laundering and the operation and use of the Internet and any other provision or regulation governing the services offered by BITHASHEX OÜ are reserved and shall apply to the provision of BITHASHEX OÜ's services as of their entry into force.
20.5 Client support
- Any complaint by the Client concerning the execution or non-execution of any order, and any objections concerning a BITHASHEX OÜ Account statement or any other notifications from BITHASHEX OÜ must be made immediately. The execution or non-execution or, as applicable, the statement or notification concerned shall be deemed to have been approved if no complaint was raised. Where the Client has received no notification, he must make the complaint as if such notification had been duly received. The Client shall bear the consequences of any delay in making the complaint. Express or tacit acknowledgement of an account or custody account statement shall be deemed to constitute approval of all the items it includes and of any reservation made by BITHASHEX OÜ.
20.6 Saturday treated as a public holiday
- In all relations with BITHASHEX OÜ, Saturday is treated as an official public holiday.
20.7 Amendment of these Terms
- BITHASHEX OÜ shall be entitled to amend the provisions of this Agreement and the services offered unilaterally at any time. Such amendment shall be notified to the Client in an appropriate manner and shall be deemed accepted unless the Client submits a written objection within one month of the date on which the amendment was notified. Should any provision of the present Conditions and Regulations be or become invalid or partially ineffective, the other provisions shall not be affected, and the Parties shall use their best efforts to reach agreement or have the invalid provision replaced by a valid arrangement coming as close as possible to the purpose of the invalid provision and to the intention of the parties affected by this provision.
- The Client accepts the Terms and all legal information published on www.bithashex.com.
- Access to and use of the BITHASHEX OÜ Account and the BITHASHEX OÜ Platform services shall be subject to client's compliance with all provisions set forth in the Terms.