BITBANK TERMS & CONDITIONS
SECTION 1 – INTRODUCTION
Welcome to BitBank.
These Terms & Conditions (“Terms”) govern your access to and use of the
BitBank ecosystem, including the BitBank website, applications, digital
services, APIs, Marketplace, QUSD, Swap Services, Treasury Services and
any current or future products or services made available under the
BitBank brand.
BitBank is an independent blockchain infrastructure project designed to
provide digital asset services, blockchain technology, treasury
management solutions, token-related services and supporting
infrastructure for individuals, businesses and institutional
participants.
These Terms establish the legal framework governing the relationship
between BitBank and every person or organisation accessing or using any
part of the BitBank ecosystem.
By accessing the Platform, creating an account, connecting a wallet,
using any BitBank service or otherwise interacting with the ecosystem,
you acknowledge that you have read, understood and agree to be legally
bound by these Terms together with all policies, notices and additional
agreements referenced herein.
If you do not agree with any provision of these Terms, you must
immediately discontinue the use of all BitBank services.
These Terms apply to all users regardless of jurisdiction, unless
specific services are subject to additional local legal requirements or
separate contractual agreements.
BitBank may operate multiple products and services. Certain services may
be governed by additional rules, policies or agreements that supplement
these Terms. Where such additional documentation exists, it forms an
integral part of these Terms.
Nothing contained within these Terms shall be interpreted as creating a
partnership, joint venture, agency, employment relationship or fiduciary
relationship between BitBank and any user unless expressly stated in a
separate written agreement.
Users remain solely responsible for ensuring that their use of the
BitBank ecosystem complies with the laws and regulations applicable in
their jurisdiction.
SECTION 2 – ACCEPTANCE OF THE TERMS
These Terms constitute a legally binding agreement between BitBank and
every individual or legal entity accessing or using the BitBank
ecosystem.
By accessing, browsing, registering for, connecting a digital wallet to,
or using any BitBank service, you confirm that:
• you have read and understood these Terms; • you agree to be legally
bound by these Terms and all referenced policies; • you have the legal
capacity and authority to enter into this agreement; • you will comply
with all applicable laws and regulations.
If you are acting on behalf of a company, partnership, organisation or
other legal entity, you represent and warrant that you have full
authority to bind that entity to these Terms. In such cases, references
to “you” and “your” apply both to the individual acting and to the
represented entity.
BitBank services are intended only for users who can lawfully enter into
binding contracts under the laws applicable to them. Users who do not
meet these requirements must not use the Platform.
Continued use of any BitBank service after these Terms have been updated
constitutes acceptance of the revised version, unless applicable law
requires additional consent.
Where additional agreements, product-specific terms or service policies
apply, they shall complement these Terms. In the event of a conflict,
the more specific agreement shall prevail only for the relevant service.
If you disagree with these Terms, or any future amendment, your sole
remedy is to stop using the BitBank ecosystem and discontinue access to
all related services.
SECTION 3 – DEFINITIONS
For the purposes of these Terms & Conditions, the following definitions
apply unless the context clearly requires otherwise.
“Account” means a user profile or any registered access to the BitBank
ecosystem.
“Applicable Law” means all laws, regulations, directives, sanctions,
regulatory requirements and legally binding rules applicable to BitBank
or to the User.
“BitBank” means the BitBank ecosystem, its platform, websites,
applications, infrastructure, products and services operated under the
BitBank brand.
“Blockchain” means a distributed ledger network supported by or
connected to BitBank.
“Digital Asset” means any blockchain-based asset, token, cryptocurrency
or similar cryptographic representation of value.
“Marketplace” means the BitBank service that enables users to publish,
discover or interact with digital asset offers or related services.
“Platform” means the entire BitBank ecosystem, including websites,
applications, APIs and supporting infrastructure.
“QUSD” means the digital asset issued within the BitBank ecosystem in
accordance with its official documentation and applicable policies.
“Services” means all products, features, software, APIs, applications
and functionality made available by BitBank.
“Smart Contract” means software deployed on a blockchain that
automatically executes predefined functions.
“Swap Service” means any BitBank functionality allowing supported
digital assets to be exchanged according to available liquidity, pricing
mechanisms and applicable rules.
“Treasury” means the infrastructure, wallets, reserve management systems
and operational procedures used to support BitBank services and digital
assets.
“User”, “you” or “your” means any individual or legal entity accessing
or using the Platform.
“Wallet” means any blockchain wallet, whether self-custodial or
otherwise, used to interact with BitBank services.
Words in the singular include the plural where appropriate, and vice
versa. Headings are provided for convenience only and do not affect the
interpretation of these Terms.
BitBank reserves the right to introduce additional definitions where
necessary to support new services, technologies or regulatory
requirements.
SECTION 4 – ELIGIBILITY
Access to the BitBank ecosystem is limited to persons and legal entities
that are legally permitted to use the Services under the laws applicable
in their jurisdiction.
By using any BitBank Service, you represent and warrant that:
• you are at least eighteen (18) years of age, or the age of legal
majority in your jurisdiction, whichever is higher; • you have full
legal capacity to enter into binding agreements; • you are not
prohibited from using the Services under any applicable law, regulation,
court order or governmental restriction; • you are not acting on behalf
of any individual or entity subject to applicable sanctions, embargoes
or legal prohibitions; • all information provided to BitBank is
complete, accurate and kept up to date.
If you access the Services on behalf of a company, partnership, trust,
foundation or other legal entity, you represent that you are duly
authorised to bind that entity to these Terms.
BitBank reserves the right to request documentation reasonably necessary
to verify a user’s identity, legal capacity, authority or eligibility to
use specific Services.
Certain products or features may be unavailable in particular countries
or territories due to legal, regulatory, technical or commercial
reasons. BitBank may restrict, suspend or refuse access to any Service
where such access could expose BitBank, its users or its partners to
legal or regulatory risk.
Nothing in these Terms shall be interpreted as an obligation for BitBank
to provide Services in every jurisdiction.
Users remain solely responsible for determining whether access to and
use of the BitBank ecosystem is lawful in their jurisdiction.
SECTION 5 – ACCOUNT REGISTRATION
Certain BitBank Services may require the creation of a user account, the
connection of a compatible digital wallet, or both.
When registering an account, you agree to provide accurate, complete and
current information and to promptly update such information whenever it
changes.
You are solely responsible for maintaining the confidentiality of your
account credentials, authentication methods and any devices used to
access the BitBank Platform.
You must immediately notify BitBank if you become aware of any
unauthorised access, suspected compromise, loss of credentials or other
security incident affecting your account.
You are responsible for all actions performed through your account or
connected wallet unless otherwise required by applicable law.
BitBank may implement additional authentication measures, including but
not limited to:
• multi-factor authentication (MFA); • email or telephone verification;
• wallet signature verification; • biometric authentication where
supported; • device verification; • risk-based authentication.
BitBank reserves the right to refuse registration, reject a wallet
connection, limit account functionality or require additional
verification where necessary to protect the Platform, comply with legal
obligations or mitigate security risks.
Users may not create accounts using false identities, misleading
information or information belonging to another person without proper
authority.
Unless expressly authorised by BitBank, each user may maintain only the
number of accounts reasonably necessary for legitimate use of the
Services. Accounts created to circumvent security controls, limits,
compliance procedures or platform rules may be suspended or permanently
closed.
The creation of an account does not guarantee access to every BitBank
Service. Certain features may require additional verification,
contractual agreements or regulatory approval before they become
available.
SECTION 6 – IDENTITY VERIFICATION (KYC / AML)
To comply with applicable laws, regulatory obligations and internal
compliance standards, BitBank may require users to complete identity
verification procedures before accessing certain Services.
Verification requirements may vary depending on the nature of the
Service, transaction volume, jurisdiction, risk profile or other
relevant factors.
BitBank may request one or more of the following:
• government-issued identification; • proof of residential address; •
proof of source of funds or source of wealth; • corporate registration
documents; • beneficial ownership information; • wallet ownership
verification; • biometric verification where legally permitted; •
additional documentation required for enhanced due diligence.
BitBank may perform Know Your Customer (KYC), Anti-Money Laundering
(AML), Counter-Terrorist Financing (CTF), sanctions screening,
politically exposed person (PEP) screening and other compliance checks
using internal procedures and authorised third-party providers.
By using the Services, you authorise BitBank to verify the information
you provide and to conduct reasonable investigations where necessary to
satisfy legal or regulatory requirements.
If requested information is incomplete, inaccurate, inconsistent or
cannot be verified, BitBank may refuse registration, suspend Services,
restrict transactions or terminate the business relationship where
permitted by law.
BitBank reserves the right to perform ongoing monitoring of customer
activity and to request updated information whenever reasonably
necessary.
Nothing in this Section obliges BitBank to provide Services to every
applicant. Acceptance following verification remains at BitBank’s sole
discretion, subject to applicable law.
SECTION 7 – USER RESPONSIBILITIES
Users are responsible for using the BitBank ecosystem in a lawful,
honest and responsible manner.
By accessing or using any BitBank Service, you agree to:
• comply with these Terms and all applicable policies; • comply with all
applicable laws, regulations and sanctions; • provide accurate, complete
and up-to-date information; • maintain the security of your account,
credentials and connected wallets; • ensure that all digital assets used
with the Platform originate from lawful sources; • verify transaction
details before authorising any blockchain transaction; • maintain
appropriate backups of wallet recovery phrases, private keys and
authentication methods where applicable; • promptly notify BitBank of
any suspected unauthorised access, fraud or security incident; •
cooperate with reasonable compliance or security requests made by
BitBank.
You acknowledge that blockchain transactions are generally irreversible.
You are solely responsible for verifying wallet addresses, token
contracts, network selections, transaction amounts and any other
transaction parameters before confirming a transaction.
You must not rely solely on BitBank for the safekeeping of private keys,
recovery phrases or credentials unless a specific custodial service is
expressly provided under a separate agreement.
Where Services involve smart contracts or decentralised protocols, you
acknowledge that interactions occur at your own risk and may be affected
by blockchain conditions beyond BitBank’s reasonable control.
Failure to comply with these responsibilities may result in delayed
transactions, restricted access, account suspension or other measures
permitted under these Terms and applicable law.
# 8. Marketplace Services
## 8.1 Scope of the Marketplace
BitBank provides a digital marketplace that enables registered Users to publish, discover, negotiate and complete transactions involving digital assets and related services made available through the Platform.
The Marketplace is designed solely as a technological environment that facilitates interactions between Users. Unless expressly stated for a specific service, BitBank is not the seller, buyer, broker, escrow agent, financial institution or legal representative of any party participating in a transaction.
## 8.2 Marketplace Availability
Marketplace services may vary depending on jurisdiction, applicable regulations, blockchain network availability, technical maintenance, security requirements and internal operational policies.
BitBank reserves the right to enable, disable, suspend or modify any Marketplace feature without prior notice whenever reasonably necessary to protect Users, maintain system integrity or comply with legal obligations.
## 8.3 User Listings
Users may publish offers, requests or other transaction opportunities only if all information provided is complete, accurate and lawful.
Users remain solely responsible for:
* the accuracy of published information;
* ownership or lawful control of the assets involved;
* compliance with applicable laws;
* honoring the commitments made through the Marketplace.
BitBank does not guarantee that any listing will receive offers, be completed or remain visible for any specific period.
## 8.4 Independent Transactions
All agreements concluded through the Marketplace are entered into directly between the participating Users.
Except where expressly stated by BitBank for a specific service, BitBank is not a contracting party and assumes no responsibility for the performance, quality, legality, timing or outcome of any transaction between Users.
## 8.5 Transaction Verification
BitBank may perform automated or manual verification procedures before allowing certain Marketplace activities.
Verification procedures may include, without limitation:
* account validation;
* blockchain verification;
* wallet ownership verification;
* risk assessment;
* compliance screening;
* fraud prevention controls.
BitBank may delay or reject Marketplace operations where verification cannot be satisfactorily completed.
## 8.6 Marketplace Monitoring
To preserve the integrity of the Platform, BitBank may monitor Marketplace activity for security, fraud prevention, abuse detection and regulatory compliance purposes.
Monitoring activities do not constitute acceptance, endorsement or verification of any User, listing or transaction.
## 8.7 Availability of Digital Assets
The availability of specific cryptocurrencies, digital assets or blockchain networks within the Marketplace may change at any time.
BitBank may add, remove or suspend support for individual assets whenever necessary for technical, operational, security or legal reasons.
8.8 No Investment Advice
Information displayed within the Marketplace, including prices, charts, statistics, liquidity information or transaction history, is provided for informational purposes only.
Nothing contained within the Marketplace constitutes investment advice, financial advice, legal advice, tax advice or a recommendation to purchase, sell or hold any digital asset.
Users remain solely responsible for evaluating all risks before entering into any transaction.
## 8.9 Technical Interruptions
Marketplace services may occasionally become unavailable due to scheduled maintenance, blockchain congestion, network failures, software upgrades, cyber incidents or other circumstances beyond BitBank's reasonable control.
BitBank does not guarantee uninterrupted availability of Marketplace services.
## 8.10 Right to Refuse Marketplace Operations
BitBank reserves the right to refuse, suspend, delay, cancel or remove any Marketplace listing, transaction or activity where it reasonably believes that such activity:
* violates these Terms;
* violates applicable laws or regulations;
* creates security risks;
* involves fraudulent or deceptive conduct;
* may expose the Platform or its Users to financial, legal or operational harm.
Such actions may be taken without prior notice where immediate intervention is considered necessary to protect the Platform or its Users.
# 9. Swap Services
## 9.1 Scope of the Swap Service
BitBank provides a Swap service that allows eligible Users to exchange supported digital assets for other supported digital assets directly through the Platform.
The Swap service is intended solely as a technological execution mechanism and does not constitute a banking service, payment service, investment service or financial advisory activity.
## 9.2 Supported Assets
Only digital assets, blockchain networks and liquidity sources supported by BitBank at the time of the transaction may be used within the Swap service.
Supported assets may be added, modified, suspended or removed at any time due to technical, operational, liquidity, security or regulatory considerations.
## 9.3 Exchange Rates
Exchange rates displayed within the Platform are indicative until the transaction is confirmed.
The final execution price may vary due to market movements, blockchain conditions, liquidity availability, slippage or transaction timing.
Once a swap has been executed on the relevant blockchain, the transaction is considered final and cannot be reversed.
## 9.4 Liquidity Sources
Swap transactions may be executed through one or more external liquidity providers, decentralized exchanges (DEXs), automated market makers (AMMs), liquidity pools or other blockchain protocols.
BitBank may select, change or combine liquidity sources in order to facilitate transaction execution.
BitBank does not guarantee the availability, pricing or operational continuity of any third-party liquidity provider.
## 9.5 Transaction Execution
A swap request is processed only after the User has confirmed all transaction details, including the selected assets, estimated amount, applicable fees and destination wallet where applicable.
Execution times depend on blockchain network conditions and may vary significantly.
BitBank cannot guarantee immediate execution.
## 9.6 Slippage
Digital asset prices may change between the time a User submits a swap request and the moment the transaction is executed.
Users acknowledge that the final amount received may differ from the estimated amount displayed before confirmation due to market volatility, liquidity changes or blockchain execution.
## 9.7 Blockchain Confirmation
A swap is considered completed only after the required blockchain confirmations have been obtained according to the applicable network rules and BitBank's internal security policies.
Confirmation requirements may differ between supported blockchains.
## 9.8 Failed or Delayed Transactions
Swap transactions may fail or be delayed due to circumstances including, but not limited to:
* blockchain congestion;
* insufficient liquidity;
* smart contract failures;
* wallet errors;
* insufficient network fees;
* unsupported tokens;
* blockchain forks;
* network outages;
* technical maintenance.
Where technically possible, BitBank will attempt to provide appropriate status information regarding failed transactions.
## 9.9 User Responsibility
Users are solely responsible for verifying:
* the selected blockchain network;
* wallet addresses;
* destination assets;
* transaction amounts;
* compatibility of wallets and supported tokens.
Transactions sent to incorrect addresses or incompatible blockchain networks may result in permanent loss of digital assets.
## 9.10 Fees
Swap transactions may be subject to:
* network transaction fees;
* blockchain gas fees;
* liquidity provider fees;
* protocol fees;
* platform service fees where applicable.
Applicable fees are displayed before transaction confirmation whenever reasonably possible.
## 9.11 No Price Guarantee
BitBank does not guarantee:
* execution at a specific price;
* availability of liquidity;
* completion within a specified timeframe;
* profitability of any transaction.
Market conditions may change rapidly before or during execution.
## 9.12 Compliance Controls
BitBank may suspend, reject, delay or refuse any swap transaction where required for security, fraud prevention, sanctions screening, AML compliance, legal obligations or operational risk management.
## 9.13 Service Availability
The Swap service may be temporarily suspended or restricted for maintenance, software upgrades, blockchain incidents, security events, regulatory requirements or other operational reasons.
BitBank shall not be liable for temporary interruptions or reduced availability resulting from circumstances beyond its reasonable control.
# 10. QUSD Digital Asset
## 10.1 General Information
QUSD is a digital asset issued and administered within the BitBank ecosystem to support transactions, settlement services and other functionalities made available through the Platform.
QUSD is designed to facilitate efficient digital asset operations within supported blockchain networks and services offered by BitBank.
## 10.2 Purpose
QUSD is intended to function as a utility and settlement digital asset within the BitBank ecosystem.
Its primary purpose is to facilitate transactions between Users, support marketplace activities, enable swap operations and interact with compatible BitBank services.
The availability and functionality of QUSD may expand as additional Platform services are introduced.
## 10.3 Supported Blockchains
QUSD may be deployed on one or more blockchain networks.
BitBank may introduce additional supported blockchains, bridges or interoperability solutions without requiring amendments to these Terms.
The availability of a specific blockchain implementation may vary depending on technical, operational or regulatory considerations.
## 10.4 Issuance and Supply
QUSD may be issued, redeemed, burned or otherwise managed exclusively through authorized BitBank treasury procedures.
The circulating supply may increase or decrease over time according to the operational requirements of the Platform and BitBank's treasury management policies.
Unauthorized creation, duplication or modification of QUSD is strictly prohibited.
## 10.5 Treasury Management
The issuance, redemption and circulation of QUSD are managed through BitBank Treasury systems.
Treasury operations may include reserve management, supply balancing, liquidity allocation, redemption procedures and blockchain settlement activities designed to maintain the operational stability of the ecosystem.
## 10.6 Value Objective
BitBank may seek to maintain QUSD with a target reference value established by the Platform.
Such objective represents an operational target only and does not constitute:
* a guaranteed market price;
* a legal obligation to maintain any specific value;
* a promise of appreciation;
* a financial guarantee;
* a deposit or banking obligation.
Market conditions may affect the value at which QUSD is exchanged outside BitBank services.
## 10.7 No Investment Product
QUSD is not intended to be marketed or interpreted as:
* a security;
* a share;
* a bond;
* a collective investment scheme;
* a derivative;
* a deposit account;
* an investment contract;
* any other regulated financial instrument unless expressly required under applicable law.
Users should not acquire QUSD with the expectation of profits generated solely through the activities of BitBank.
## 10.8 Blockchain Transactions
Transfers of QUSD are recorded on the applicable blockchain.
Once confirmed by the blockchain network, transactions are generally irreversible and cannot be cancelled by BitBank.
Users remain responsible for verifying recipient addresses and network compatibility before initiating transfers.
## 10.9 Availability
BitBank may temporarily suspend deposits, withdrawals, transfers, issuance or redemption of QUSD where necessary for:
* system maintenance;
* blockchain upgrades;
* smart contract updates;
* security incidents;
* regulatory compliance;
* operational risk management.
## 10.10 Smart Contract Risks
QUSD operates through blockchain smart contracts.
Although BitBank adopts reasonable security practices, Users acknowledge that blockchain technology may involve risks including:
* software vulnerabilities;
* protocol failures;
* blockchain forks;
* network congestion;
* cyber attacks;
* interoperability issues;
* third-party infrastructure failures.
BitBank cannot guarantee that blockchain systems will always operate without interruption or technical defects.
## 10.11 Regulatory Compliance
The availability, distribution or use of QUSD may be restricted in certain jurisdictions.
Users are solely responsible for determining whether the acquisition, holding or use of QUSD is permitted under the laws applicable to them.
BitBank may restrict or disable QUSD services where required by law or regulatory authorities.
## 10.12 No Guarantee
Except where expressly required by applicable law or explicitly stated by BitBank in writing, QUSD is provided on an "as available" basis.
BitBank makes no representation or warranty regarding:
* uninterrupted availability;
* future market value;
* liquidity outside supported services;
* acceptance by third parties;
* profitability;
* suitability for any particular purpose.
Users acknowledge that ownership and use of digital assets involve inherent technological, financial and regulatory risks.
# 11. Treasury Operations
## 11.1 Treasury Function
BitBank operates a Treasury system responsible for managing the issuance, redemption, reserves, liquidity, settlement and operational administration of digital assets supported within the Platform, including QUSD where applicable.
Treasury operations are performed to support the stability, integrity and functionality of the BitBank ecosystem.
## 11.2 Operational Authority
All Treasury activities are carried out exclusively by BitBank or by entities expressly authorized by BitBank.
Users may not directly access, modify or interfere with Treasury operations unless specific functionality is made available through the Platform.
## 11.3 Treasury Activities
Treasury operations may include, without limitation:
* issuance of digital assets;
* redemption of digital assets;
* token burning;
* reserve management;
* liquidity management;
* blockchain settlement;
* treasury wallet administration;
* cross-chain asset management;
* reconciliation procedures;
* operational balancing.
BitBank may introduce additional Treasury functions as the Platform evolves.
## 11.4 Reserve Management
Where BitBank maintains reserves supporting specific digital assets or Platform operations, such reserves are managed according to internal treasury policies, risk management procedures and applicable legal requirements.
The existence of reserves shall not be interpreted as creating any ownership interest, deposit relationship or individual claim by Users unless expressly provided by applicable law.
## 11.5 Treasury Wallets
Treasury assets may be held through one or more blockchain wallets, including hot wallets, warm wallets, cold wallets, multisignature wallets or other secure custody solutions selected by BitBank.
BitBank may change wallet infrastructure at any time to improve operational efficiency or security.
## 11.6 Liquidity Management
BitBank may allocate digital assets across multiple blockchain networks, liquidity pools, exchanges, settlement providers or custody environments to support Platform operations.
Liquidity allocations may change at any time without prior notice.
## 11.7 Operational Controls
Treasury operations may be subject to automated and manual controls, including:
* transaction monitoring;
* blockchain verification;
* authorization procedures;
* internal approvals;
* fraud prevention;
* compliance screening;
* audit logging;
* operational risk controls.
These controls are implemented to protect both the Platform and its Users.
## 11.8 Temporary Restrictions
BitBank may temporarily delay, suspend or limit Treasury operations where necessary due to:
* blockchain congestion;
* network instability;
* security incidents;
* software upgrades;
* smart contract maintenance;
* compliance reviews;
* legal requirements;
* operational emergencies.
Such measures may be implemented without prior notice where immediate action is reasonably necessary.
## 11.9 Internal Records
BitBank maintains internal operational records relating to Treasury activities.
Internal accounting records, blockchain records and audit logs may be used to verify Treasury operations and resolve operational discrepancies.
Where inconsistencies arise, BitBank may conduct additional verification before processing affected transactions.
## 11.10 No Fiduciary Relationship
Nothing contained in these Terms shall be interpreted as creating:
* a banking relationship;
* a fiduciary relationship;
* a trust arrangement;
* a custodial obligation beyond the services expressly provided by the Platform;
* an investment management relationship.
Treasury operations are conducted solely for the administration and operation of BitBank services.
## 11.11 Emergency Measures
Where BitBank reasonably determines that Treasury operations may expose the Platform or its Users to material security, financial or legal risks, BitBank may implement emergency protective measures, including temporary suspension of selected Treasury functions.
Emergency actions may remain in effect until the identified risks have been adequately mitigated.
## 11.12 Audit and Compliance
Treasury operations may be subject to internal audits, external reviews, regulatory inspections or compliance assessments where required by applicable law or considered appropriate by BitBank.
BitBank may maintain operational documentation and transaction records for the period required by applicable legal and regulatory obligations.
# 12. Blockchain Transactions
## 12.1 Nature of Blockchain Transactions
Transactions executed through the BitBank Platform may be recorded on one or more public or permissioned blockchain networks.
Once a transaction has been validated and confirmed by the applicable blockchain network, it is generally irreversible and cannot be cancelled, modified or reversed by BitBank.
## 12.2 User Responsibility
Users are solely responsible for ensuring the accuracy of all transaction details before submission, including:
* wallet addresses;
* blockchain network selection;
* token or digital asset selection;
* transaction amounts;
* destination information;
* compatibility of wallets and supported assets.
Transactions submitted with incorrect information may result in the permanent and unrecoverable loss of digital assets.
## 12.3 Blockchain Confirmations
BitBank may require a minimum number of blockchain confirmations before considering a transaction complete, credited or available for further use.
The required number of confirmations may vary depending on:
* the blockchain network;
* the digital asset involved;
* transaction value;
* security policies;
* operational risk assessments.
## 12.4 Network Delays
Transaction processing times depend on the underlying blockchain network and are outside BitBank's direct control.
Network congestion, validator activity, mining conditions, protocol upgrades or other blockchain events may significantly delay transaction confirmation.
BitBank does not guarantee execution within any specific timeframe.
## 12.5 Network Fees
Blockchain transactions may require payment of network fees, gas fees or validator fees determined by the applicable blockchain protocol.
Such fees are independent of BitBank unless expressly stated otherwise and may fluctuate without notice.
Users remain responsible for ensuring that sufficient fees are available for successful transaction processing.
## 12.6 Failed Transactions
A blockchain transaction may fail due to circumstances including, without limitation:
* insufficient network fees;
* blockchain congestion;
* smart contract execution failures;
* unsupported assets;
* invalid wallet addresses;
* protocol limitations;
* insufficient account balances;
* blockchain network interruptions.
BitBank shall not be liable for losses resulting from blockchain failures beyond its reasonable control.
## 12.7 Forks and Network Changes
Blockchain networks may undergo forks, upgrades, protocol modifications or other technical changes.
BitBank reserves the right to determine whether and how any such blockchain event will be supported.
Support for newly created assets resulting from blockchain forks is provided solely at BitBank's discretion.
## 12.8 Smart Contracts
Certain Platform services rely on blockchain smart contracts.
Users acknowledge that smart contracts may contain unforeseen bugs, vulnerabilities or operational limitations despite reasonable security measures and testing.
BitBank cannot guarantee uninterrupted or error-free smart contract operation.
## 12.9 Transaction Records
Blockchain records are maintained by the applicable blockchain network.
BitBank may also maintain internal operational records for accounting, compliance, reconciliation, customer support and security purposes.
Where discrepancies arise, BitBank may conduct additional verification before recognizing or processing a transaction.
## 12.10 Blockchain Availability
BitBank is not responsible for interruptions, outages or failures affecting third-party blockchain networks, validators, miners, RPC providers, node operators or other infrastructure required to process blockchain transactions.
Platform services may be temporarily suspended where blockchain infrastructure becomes unavailable or unreliable.
## 12.11 Risk of Blockchain Technology
Users acknowledge that blockchain technology involves inherent risks, including:
* software vulnerabilities;
* cryptographic failures;
* consensus failures;
* protocol exploits;
* cyber attacks;
* denial-of-service attacks;
* network congestion;
* blockchain reorganizations;
* interoperability failures.
Users assume all risks associated with the use of blockchain technology.
## 12.12 Compliance Measures
BitBank may delay, suspend or reject blockchain transactions where required for:
* fraud prevention;
* sanctions compliance;
* anti-money laundering obligations;
* cybersecurity protection;
* legal investigations;
* court orders;
* regulatory requirements;
* protection of the Platform or its Users.
Such measures may be implemented without prior notice whenever immediate action is reasonably necessary.
# 13. Fees and Charges
## 13.1 Applicable Fees
Certain BitBank services may be subject to fees, commissions or other charges.
Applicable fees may include, without limitation:
* Marketplace service fees;
* Swap service fees;
* blockchain network fees;
* gas fees;
* withdrawal fees;
* deposit processing fees where applicable;
* treasury service fees;
* administrative fees;
* premium service fees.
Not all services are subject to fees.
## 13.2 Fee Disclosure
Where reasonably practicable, applicable fees will be displayed before the User confirms a transaction.
By confirming a transaction, the User authorizes BitBank to deduct all applicable fees associated with that transaction.
## 13.3 Third-Party Fees
Certain fees are imposed by third-party blockchain networks, validators, miners, liquidity providers, exchanges or payment service providers.
Such charges are outside BitBank's control and may change without prior notice.
BitBank is not responsible for determining or controlling third-party fees.
## 13.4 Network Fees
Blockchain transactions require payment of network fees determined by the relevant blockchain protocol.
Network fees may fluctuate depending on blockchain congestion, validator demand, mining activity or other technical conditions.
BitBank may estimate such fees but does not guarantee their accuracy.
## 13.5 Taxes
Users are solely responsible for determining, reporting and paying any taxes, duties, levies or governmental charges arising from their use of the Platform or from any transaction involving digital assets.
BitBank does not provide tax advice.
## 13.6 Fee Changes
BitBank reserves the right to introduce, modify, increase, reduce or remove fees at any time.
Updated fees become effective upon publication within the Platform or through other reasonable notice provided to Users, unless a different effective date is required by applicable law.
## 13.7 Non-Refundable Fees
Except where required by applicable law or expressly stated by BitBank, fees paid for completed services are non-refundable.
Completed blockchain transactions generally cannot be reversed for the purpose of refunding associated fees.
## 13.8 Currency of Payment
Fees may be charged in:
* QUSD;
* supported cryptocurrencies;
* supported fiat currencies;
* other payment methods accepted by BitBank.
BitBank may determine the accepted payment methods for each service.
## 13.9 Failed Transactions
Where a transaction fails before execution, certain third-party blockchain or network fees may nevertheless remain payable and may not be recoverable.
BitBank shall not be responsible for fees retained by blockchain networks or third-party service providers.
## 13.10 Promotional Pricing
BitBank may periodically offer promotional pricing, fee reductions, discounts or temporary fee exemptions.
Such promotions are discretionary, may be subject to eligibility criteria and may be withdrawn or modified at any time.
## 13.11 Outstanding Amounts
If a User owes fees or other amounts to BitBank, BitBank may, to the extent permitted by applicable law, deduct such amounts from funds or digital assets held or processed through the Platform in connection with the relevant services.
## 13.12 No Guarantee of Future Fees
Users acknowledge that transaction costs associated with blockchain networks, liquidity providers and Platform services may vary over time.
BitBank makes no representation or warranty that current fees will remain available in the future.
# 14. Security
## 14.1 Shared Responsibility
Security is a shared responsibility between BitBank and its Users.
BitBank implements reasonable administrative, technical and organizational measures to protect the Platform. Users are responsible for maintaining the security of their accounts, credentials, wallets and devices.
## 14.2 Account Credentials
Users must maintain the confidentiality of their:
* username;
* password;
* recovery credentials;
* authentication devices;
* private keys;
* seed phrases;
* API credentials, where applicable.
Users must not disclose or share these credentials with any third party.
## 14.3 Private Keys and Wallets
Unless BitBank expressly provides custodial wallet services for a specific feature, Users retain sole responsibility for the security, storage and management of their private keys, recovery phrases and external wallets.
BitBank cannot recover lost private keys, seed phrases or credentials.
## 14.4 Multi-Factor Authentication
BitBank may require or recommend the use of Multi-Factor Authentication (MFA) or other enhanced security measures.
BitBank reserves the right to require additional authentication before permitting access to certain accounts or services.
## 14.5 Security Monitoring
BitBank may monitor account activity, login attempts, transactions and system events for the purpose of detecting:
* unauthorized access;
* fraud;
* money laundering;
* cybersecurity threats;
* suspicious activity;
* abuse of the Platform.
Monitoring activities are conducted to protect the Platform and its Users and do not constitute a guarantee that all unauthorized activity will be detected or prevented.
## 14.6 User Obligations
Users agree to:
* use secure passwords;
* protect their authentication devices;
* maintain updated operating systems and software;
* use secure internet connections whenever reasonably possible;
* immediately report suspected unauthorized access;
* cooperate with BitBank during security investigations.
## 14.7 Security Incidents
If BitBank reasonably believes that an account, wallet or transaction may be compromised, BitBank may, without prior notice where necessary:
* temporarily suspend account access;
* delay transactions;
* request additional identity verification;
* restrict specific services;
* require password or credential changes;
* implement other protective measures.
Such actions are intended solely to reduce security risks.
## 14.8 Phishing and Fraud
Users acknowledge that phishing attacks, malware, social engineering, impersonation attempts and other cyber threats are common within the digital asset industry.
BitBank will never request a User's password, private keys or recovery phrase through unsolicited communications.
Users should verify the authenticity of all communications claiming to originate from BitBank.
## 14.9 System Availability
Although BitBank applies reasonable security measures, no internet-based service, blockchain network or information system can be guaranteed to be completely secure or continuously available.
BitBank does not warrant that the Platform will always operate free from interruptions, cyber attacks or technical failures.
## 14.10 Security Updates
BitBank may implement software updates, infrastructure upgrades, smart contract changes or security enhancements at any time to improve the protection of the Platform.
Certain services may be temporarily unavailable while such updates are performed.
## 14.11 Reporting Security Issues
Users are encouraged to promptly report suspected security vulnerabilities, unauthorized access, fraudulent activity or other cybersecurity concerns through the official communication channels designated by BitBank.
BitBank may investigate reported issues and take appropriate corrective measures where necessary.
## 14.12 Limitation of Responsibility
BitBank shall not be liable for losses arising from:
* compromised User credentials;
* disclosure of private keys or recovery phrases;
* malware or viruses on User devices;
* phishing or social engineering attacks;
* unauthorized access resulting from User negligence;
* failures of third-party wallets or blockchain infrastructure;
* circumstances beyond BitBank's reasonable control.
Users acknowledge that the protection of digital assets requires continuous attention to personal cybersecurity practices.
# 15. Intellectual Property
## 15.1 Ownership
Unless otherwise expressly stated, all intellectual property rights relating to the BitBank Platform are the exclusive property of BitBank or its licensors.
These rights include, without limitation:
* trademarks;
* trade names;
* logos;
* service marks;
* domain names;
* software;
* source code;
* object code;
* databases;
* website design;
* user interfaces;
* graphics;
* icons;
* documentation;
* text;
* images;
* audio;
* video;
* APIs;
* algorithms;
* proprietary technologies;
* know-how.
All rights not expressly granted to Users are reserved by BitBank.
## 15.2 Limited License
Subject to these Terms, BitBank grants Users a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Platform solely for its intended lawful purposes.
This license does not transfer ownership of any intellectual property rights.
## 15.3 Restrictions
Users shall not, without prior written authorization from BitBank:
* copy or reproduce the Platform;
* modify or create derivative works;
* reverse engineer, decompile or disassemble software where prohibited by applicable law;
* distribute, sell, lease or sublicense any part of the Platform;
* remove copyright or proprietary notices;
* use BitBank branding in a misleading manner;
* exploit any Platform content for commercial purposes beyond the authorized use of the services.
## 15.4 User Content
Users retain ownership of content they lawfully submit to the Platform.
By submitting content, Users grant BitBank a worldwide, non-exclusive, royalty-free, transferable license to host, store, reproduce, display, process and use such content solely for the purpose of operating, maintaining, improving and securing the Platform and providing the requested services.
This license continues only for as long as reasonably necessary to fulfill these purposes, unless a longer retention period is required by law.
## 15.5 Feedback
If a User voluntarily provides suggestions, ideas, comments, feature requests or other feedback regarding the Platform, BitBank may use such feedback without restriction and without any obligation to provide compensation, acknowledgment or attribution.
## 15.6 Third-Party Intellectual Property
Certain components of the Platform may include software, libraries, trademarks or other intellectual property owned by third parties.
Such materials remain the property of their respective owners and are subject to their applicable license terms.
Nothing in these Terms transfers ownership of third-party intellectual property to Users.
## 15.7 Trademark Protection
The BitBank name, logos, branding elements and associated trademarks may not be used without BitBank's prior written consent, except where such use is expressly permitted by applicable law.
Unauthorized use may constitute trademark infringement or unfair competition.
## 15.8 Copyright Infringement
BitBank respects intellectual property rights and expects Users to do the same.
BitBank may remove or disable access to content that allegedly infringes intellectual property rights and may suspend or terminate accounts associated with repeated or serious infringements.
## 15.9 Open-Source Components
The Platform may incorporate open-source software distributed under separate license agreements.
Nothing in these Terms limits any rights granted under the applicable open-source licenses.
Where a conflict exists between these Terms and an applicable open-source license regarding the licensed component, the applicable open-source license shall prevail solely with respect to that component.
## 15.10 Reservation of Rights
Except for the limited rights expressly granted under these Terms, no license, assignment or transfer of any intellectual property rights is made to Users, whether by implication, estoppel or otherwise.
All intellectual property rights remain vested in BitBank or the relevant rights holders.
# 16. Third-Party Services
## 16.1 Use of Third-Party Services
The BitBank Platform may integrate with or provide access to third-party services, including blockchain networks, wallet providers, liquidity providers, decentralized protocols, payment processors, identity verification providers, analytics services and other external technologies.
Such integrations are provided solely to facilitate the operation of the Platform.
## 16.2 Independent Providers
Third-party services are operated independently from BitBank.
BitBank does not own, operate or control such services unless expressly stated otherwise.
The availability and operation of third-party services remain subject to the policies, terms and technical conditions established by their respective providers.
## 16.3 No Endorsement
The inclusion or availability of a third-party service through the Platform does not constitute:
* an endorsement;
* a recommendation;
* a certification;
* a guarantee of quality;
* a representation regarding security or reliability.
Users remain responsible for evaluating any third-party service they choose to use.
## 16.4 Third-Party Terms
Use of certain Platform features may require Users to accept separate terms, privacy policies or contractual conditions imposed by third-party providers.
Users are solely responsible for reviewing and complying with such terms.
## 16.5 Service Availability
BitBank does not guarantee the continuous availability of any third-party service.
Third-party providers may suspend, discontinue, modify or restrict their services at any time without notice to BitBank.
Such events may affect the availability of certain Platform features.
## 16.6 Blockchain Networks
BitBank relies on public and private blockchain networks that are operated independently.
BitBank is not responsible for:
* blockchain outages;
* network congestion;
* validator or miner failures;
* blockchain forks;
* protocol upgrades;
* consensus failures;
* smart contract failures outside BitBank's control.
## 16.7 External Wallets
Users may connect external wallets supported by the Platform.
BitBank does not control the security, functionality or availability of third-party wallet software or hardware.
Users remain solely responsible for protecting their wallet credentials, private keys and recovery phrases.
## 16.8 Third-Party Payments
Where payment processing services are provided by external providers, payment transactions are governed by the applicable agreements between the User and the relevant payment service provider.
BitBank is not responsible for delays, processing errors or service interruptions attributable to third-party payment providers.
## 16.9 External Links
The Platform may contain links to third-party websites or online resources.
BitBank does not control, review or accept responsibility for the content, availability, accuracy or security of external websites.
Access to third-party websites is entirely at the User's own risk.
## 16.10 Limitation of Responsibility
To the maximum extent permitted by applicable law, BitBank shall not be liable for losses, damages or disruptions arising from:
* failures of third-party services;
* acts or omissions of third-party providers;
* interruptions of blockchain infrastructure;
* security incidents affecting external systems;
* changes to third-party policies or services;
* incompatibility between third-party technologies and the Platform.
## 16.11 Right to Modify Integrations
BitBank reserves the right to add, replace, suspend or permanently remove integrations with third-party services at any time where reasonably necessary for operational, technical, commercial, security or legal reasons.
Such modifications do not create any obligation to maintain continued support for a specific third-party service.
## 16.12 No Agency Relationship
Nothing in these Terms shall be interpreted as creating a partnership, agency, joint venture, employment relationship or other legal relationship between BitBank and any third-party service provider solely by virtue of an integration with the Platform.
# 17. Prohibited Activities
## 17.1 General Prohibition
Users shall use the BitBank Platform only for lawful purposes and in accordance with these Terms.
Any activity that may compromise the security, integrity, availability or lawful operation of the Platform is strictly prohibited.
## 17.2 Illegal Activities
Users shall not use the Platform to engage in, facilitate or promote any activity that violates applicable laws or regulations, including but not limited to:
* fraud;
* theft;
* money laundering;
* terrorist financing;
* sanctions evasion;
* tax evasion;
* corruption;
* bribery;
* market manipulation;
* identity theft;
* cybercrime.
## 17.3 Unauthorized Access
Users shall not:
* access accounts belonging to other Users without authorization;
* bypass authentication mechanisms;
* interfere with security controls;
* attempt to gain unauthorized access to systems, servers or databases;
* exploit vulnerabilities in the Platform.
## 17.4 Abuse of the Platform
Users shall not:
* interfere with the normal operation of the Platform;
* overload or disrupt infrastructure;
* introduce malware, viruses or malicious code;
* perform denial-of-service attacks;
* use automated systems in an unauthorized manner;
* interfere with blockchain transaction processing.
## 17.5 False Information
Users shall not provide false, misleading or incomplete information when:
* creating an account;
* completing identity verification;
* conducting transactions;
* communicating with BitBank;
* publishing Marketplace content.
## 17.6 Circumvention
Users shall not attempt to circumvent:
* security measures;
* transaction limits;
* compliance controls;
* sanctions screening;
* identity verification procedures;
* operational restrictions;
* account suspensions.
## 17.7 Intellectual Property Violations
Users shall not upload, publish, distribute or otherwise use content that infringes the intellectual property rights of BitBank or any third party.
## 17.8 Market Abuse
Users shall not engage in activities intended to manipulate markets or deceive other Users, including:
* wash trading;
* spoofing;
* layering;
* pump-and-dump schemes;
* false or misleading listings;
* artificial liquidity creation;
* deceptive trading practices.
## 17.9 Misuse of Digital Assets
Users shall not use the Platform to process or facilitate transactions involving digital assets that are known or reasonably suspected to originate from unlawful activities.
BitBank may conduct blockchain analytics and compliance screening to identify high-risk transactions.
## 17.10 Automated Activity
Users shall not use bots, scripts, crawlers, automated trading systems or similar technologies in a manner that exceeds authorized access or negatively affects Platform performance, unless expressly permitted by BitBank.
## 17.11 Enforcement Measures
If BitBank reasonably believes that a User has engaged in prohibited activities, BitBank may, without prior notice where appropriate:
* suspend or terminate the User's account;
* reject or delay transactions;
* freeze or restrict access to services where legally permitted;
* remove Marketplace content;
* conduct compliance reviews;
* report suspicious activity to competent authorities where required by law;
* take any other action reasonably necessary to protect the Platform, its Users or applicable legal interests.
## 17.12 Survival
The prohibitions contained in this Section continue to apply for as long as Users access or use the Platform and survive the termination of these Terms to the extent necessary to enforce BitBank's legal rights and comply with applicable laws.
# 18. Suspension and Termination
## 18.1 Right to Suspend or Terminate
BitBank reserves the right to suspend, restrict or terminate access to the Platform or any of its services where it reasonably determines that such action is necessary to protect the Platform, its Users, its business operations or to comply with applicable legal or regulatory obligations.
## 18.2 Grounds for Suspension
BitBank may suspend or restrict a User's account or access to specific services, including where there is reasonable suspicion of:
* violation of these Terms;
* fraudulent or deceptive activity;
* unauthorized access attempts;
* cybersecurity threats;
* money laundering or terrorist financing risks;
* sanctions violations;
* provision of false or misleading information;
* abuse of Platform services;
* technical or operational risks;
* legal or regulatory requirements.
## 18.3 Immediate Action
Where immediate intervention is reasonably necessary to prevent harm, BitBank may suspend access without prior notice.
BitBank will use reasonable efforts to notify the affected User as soon as practicable, unless prohibited by law or where notification would compromise security or an ongoing investigation.
## 18.4 Compliance Reviews
BitBank may temporarily suspend transactions or account functionality while conducting compliance reviews, security investigations or identity verification procedures.
Users agree to cooperate with any reasonable requests for additional information during such reviews.
## 18.5 User-Initiated Termination
Users may request closure of their account at any time, subject to:
* completion of pending transactions;
* settlement of outstanding obligations;
* compliance with applicable legal requirements;
* completion of any mandatory record retention obligations.
Account closure does not automatically remove blockchain transaction records or information that BitBank is legally required to retain.
## 18.6 Effect of Termination
Upon termination or closure of an account:
* access to Platform services may cease immediately;
* pending transactions may be cancelled where legally and technically possible;
* certain services may remain unavailable permanently;
* BitBank may retain records as required by law;
* surviving obligations under these Terms shall remain in effect.
## 18.7 Recovery of Assets
Where permitted by applicable law and technically feasible, BitBank may provide reasonable instructions for the withdrawal or transfer of eligible digital assets before final account closure.
BitBank may delay or refuse withdrawals where required by law, court order, regulatory instruction or ongoing compliance review.
## 18.8 No Waiver
A decision by BitBank not to suspend or terminate an account following a particular event shall not constitute a waiver of its right to take such action in relation to the same or any future conduct.
## 18.9 Reinstatement
Where appropriate, BitBank may allow reinstatement of a suspended account after the circumstances giving rise to the suspension have been resolved to BitBank's reasonable satisfaction.
BitBank is under no obligation to restore access following termination.
## 18.10 Survival of Certain Provisions
Termination of these Terms shall not affect any provisions which by their nature are intended to survive termination, including provisions relating to:
* intellectual property;
* limitation of liability;
* indemnification;
* dispute resolution;
* compliance obligations;
* record retention;
* confidentiality;
* any accrued rights or liabilities.
## 18.11 Regulatory Cooperation
BitBank may preserve, disclose or transfer account information and transaction records where required by applicable law, lawful requests from competent authorities, court orders or regulatory obligations, including after an account has been suspended or terminated.
## 18.12 No Liability for Suspension
To the maximum extent permitted by applicable law, BitBank shall not be liable for losses arising from the suspension, restriction or termination of an account or service where such action is taken in good faith, for security reasons, to comply with legal obligations or pursuant to these Terms.
# 19. Limitation of Liability
## 19.1 Use at User's Risk
The User acknowledges that the use of the BitBank Platform and any related services is undertaken entirely at the User's own risk.
To the maximum extent permitted by applicable law, the Platform and its services are provided on an "as is" and "as available" basis.
## 19.2 No Warranties
Except where expressly required by applicable law, BitBank makes no representations or warranties, whether express, implied or statutory, including, without limitation, warranties relating to:
* uninterrupted availability;
* continuous operation;
* merchantability;
* fitness for a particular purpose;
* satisfactory quality;
* non-infringement;
* accuracy of information;
* compatibility with third-party systems;
* error-free or virus-free operation.
## 19.3 No Guarantee of Results
BitBank does not guarantee:
* the profitability of any transaction;
* appreciation or preservation of value;
* liquidity of any digital asset;
* execution at any particular price;
* uninterrupted access to blockchain networks;
* successful completion of every transaction.
## 19.4 Exclusion of Liability
To the fullest extent permitted by applicable law, BitBank shall not be liable for any direct, indirect, incidental, consequential, special, exemplary or punitive damages, including, without limitation:
* loss of profits;
* loss of revenue;
* loss of business opportunities;
* loss of digital assets;
* loss of goodwill;
* loss of data;
* business interruption;
* trading losses;
* reputational damage;
* system downtime.
## 19.5 Third-Party Services
BitBank shall not be liable for losses resulting from:
* blockchain network failures;
* third-party wallet providers;
* decentralized protocols;
* liquidity providers;
* payment processors;
* internet service providers;
* hosting providers;
* cloud infrastructure;
* external software or hardware.
## 19.6 User Actions
BitBank shall not be responsible for losses arising from:
* incorrect wallet addresses;
* incorrect blockchain network selection;
* disclosure of private keys or recovery phrases;
* compromised user devices;
* phishing attacks;
* malware;
* user negligence;
* unauthorized actions performed using valid account credentials.
## 19.7 Force Majeure
BitBank shall not be liable for delays, interruptions or failures caused by events beyond its reasonable control, including:
* natural disasters;
* war;
* terrorism;
* civil unrest;
* strikes;
* governmental actions;
* sanctions;
* internet failures;
* power outages;
* blockchain failures;
* cyber attacks;
* pandemics;
* failures of third-party infrastructure.
## 19.8 Maximum Liability
To the maximum extent permitted by applicable law, BitBank's aggregate liability arising out of or relating to these Terms or the use of the Platform shall not exceed the total amount of fees actually paid by the User to BitBank during the twelve (12) months immediately preceding the event giving rise to the claim.
Where no fees have been paid by the User, BitBank's aggregate liability shall be limited to the minimum amount permitted under applicable law.
## 19.9 Jurisdictional Limitations
Some jurisdictions do not permit the exclusion or limitation of certain warranties or liabilities.
In such jurisdictions, the limitations contained in this Section shall apply only to the maximum extent permitted by applicable law.
## 19.10 Time Limitation for Claims
To the extent permitted by applicable law, any claim arising out of or relating to the Platform or these Terms must be commenced within one (1) year from the date on which the User became aware, or reasonably should have become aware, of the circumstances giving rise to the claim.
Claims brought after this period may be permanently barred where permitted by law.
## 19.11 Allocation of Risk
The User acknowledges that the limitations and exclusions of liability contained in these Terms constitute an essential basis of the agreement between the User and BitBank.
The fees charged for the services reflect this allocation of risk.
## 19.12 Survival
The provisions contained in this Section shall survive the suspension, termination or expiration of these Terms to the fullest extent permitted by applicable law.
# 20. Indemnification
## 20.1 User Indemnification
The User agrees to defend, indemnify and hold harmless BitBank, its parent companies, subsidiaries, affiliates, directors, officers, employees, contractors, consultants, agents, licensors and service providers from and against any claims, demands, actions, proceedings, liabilities, damages, losses, costs and expenses, including reasonable legal fees, arising out of or relating to:
* the User's use of the Platform;
* violation of these Terms;
* breach of applicable laws or regulations;
* infringement of the rights of any third party;
* fraudulent or unlawful conduct;
* misuse of Platform services;
* inaccurate or misleading information provided by the User.
## 20.2 Third-Party Claims
The User shall indemnify BitBank against any claim brought by a third party arising from or connected with:
* transactions initiated by the User;
* digital assets transferred or received by the User;
* content submitted by the User;
* contractual relationships entered into by the User through the Platform;
* misuse of third-party services integrated with the Platform.
## 20.3 Regulatory Actions
The User agrees to indemnify BitBank for losses, penalties, fines, enforcement costs or legal expenses arising from the User's failure to comply with applicable laws, sanctions requirements, tax obligations or regulatory obligations.
## 20.4 Cooperation
Where an indemnification obligation arises, the User agrees to cooperate fully with BitBank in the investigation, defense or settlement of the relevant claim.
BitBank reserves the right to assume exclusive control of the defense of any matter subject to indemnification, at its own discretion and expense, without relieving the User of any indemnification obligations.
## 20.5 Settlement
The User shall not settle any claim affecting BitBank without BitBank's prior written consent where such settlement:
* admits liability on behalf of BitBank;
* imposes obligations upon BitBank;
* restricts BitBank's rights;
* adversely affects BitBank's reputation or business operations.
## 20.6 Scope of Recoverable Costs
The indemnification obligations under this Section include, without limitation:
* court costs;
* arbitration costs;
* investigation expenses;
* expert fees;
* legal fees;
* compliance expenses;
* regulatory costs;
* reasonable administrative expenses.
## 20.7 Continuing Obligation
The obligations contained in this Section apply regardless of whether the relevant claim arises during or after the User's use of the Platform.
These obligations survive the suspension, termination or expiration of these Terms.
## 20.8 Limitation
Nothing in this Section requires the User to indemnify BitBank for losses resulting solely from BitBank's gross negligence, willful misconduct or fraud where such limitation is prohibited by applicable law.
## 20.9 No Limitation of Other Rights
The indemnification rights provided under this Section are cumulative and do not limit any other legal remedies or contractual rights available to BitBank under applicable law or these Terms.
## 20.10 Interpretation
This Section shall be interpreted to the maximum extent permitted by applicable law in order to provide effective protection for BitBank against claims arising from the User's acts, omissions or misuse of the Platform.
# 21. Compliance with Laws
## 21.1 General Compliance
Users shall comply with all applicable laws, regulations, regulatory requirements and governmental orders relating to their access to and use of the BitBank Platform.
Compliance obligations apply regardless of the User's country of residence or the location from which the Platform is accessed.
## 21.2 User Responsibility
Users are solely responsible for determining whether the use of the Platform and any related digital assets or services is lawful within their jurisdiction.
BitBank does not represent or warrant that its services are available or lawful in every country or territory.
## 21.3 Anti-Money Laundering and Counter-Terrorist Financing
BitBank is committed to maintaining procedures designed to prevent money laundering, terrorist financing and other forms of financial crime.
Users agree to comply with all reasonable AML, CTF and sanctions-related requirements implemented by BitBank.
BitBank may request additional information or documentation where necessary to satisfy applicable compliance obligations.
## 21.4 Sanctions Compliance
Users represent and warrant that they are not:
* subject to applicable economic or trade sanctions;
* acting on behalf of sanctioned persons or entities;
* located in jurisdictions subject to comprehensive sanctions, where prohibited by applicable law;
* using the Platform in violation of sanctions regulations.
BitBank reserves the right to restrict or terminate services where sanctions compliance concerns arise.
## 21.5 Tax Obligations
Users are solely responsible for:
* determining applicable taxes;
* maintaining appropriate accounting records;
* filing tax returns;
* paying all taxes arising from their use of the Platform or ownership of digital assets.
BitBank does not provide tax, accounting or financial advice.
## 21.6 Regulatory Cooperation
BitBank may cooperate with competent governmental authorities, courts, regulatory agencies and law enforcement bodies where required or permitted by applicable law.
Such cooperation may include the preservation, disclosure or production of records relating to Users or transactions.
## 21.7 Restricted Jurisdictions
BitBank may restrict, suspend or prohibit access to all or part of the Platform in jurisdictions where the provision of services would violate applicable laws or expose BitBank to unacceptable legal or regulatory risk.
Users are responsible for ensuring that access from their location is lawful.
## 21.8 Compliance Reviews
BitBank may conduct periodic compliance reviews, risk assessments and enhanced due diligence procedures.
Users agree to provide accurate and complete information reasonably requested during such reviews.
Failure to cooperate may result in the suspension or termination of services.
## 21.9 Reporting Obligations
Where required by applicable law, BitBank may report suspicious transactions, suspected criminal activity or other legally reportable matters to the appropriate competent authorities without prior notice to the affected User.
## 21.10 Changes in Law
Digital asset regulation continues to evolve.
BitBank reserves the right to modify, suspend or discontinue services where reasonably necessary to comply with new or amended laws, regulations, regulatory guidance or judicial decisions.
## 21.11 No Legal Advice
Information provided by BitBank regarding legal or regulatory matters is for general informational purposes only and shall not be interpreted as legal advice.
Users should obtain independent legal advice where necessary.
## 21.12 Survival
The obligations contained in this Section continue to apply after the suspension, termination or expiration of these Terms to the extent required for compliance with applicable legal and regulatory obligations.
# 22. Privacy and Data Protection
## 22.1 Commitment to Privacy
BitBank is committed to protecting the privacy and personal data of its Users in accordance with applicable data protection and privacy laws.
Personal data is processed only where there is an appropriate legal basis and for legitimate business purposes.
## 22.2 Privacy Policy
The collection, use, storage, disclosure and protection of personal data are governed by the BitBank Privacy Policy, which forms an integral part of these Terms.
By using the Platform, Users acknowledge that they have read and understood the Privacy Policy.
## 22.3 Categories of Data
BitBank may process personal data including, without limitation:
* identification information;
* contact details;
* account information;
* identity verification documentation;
* blockchain wallet addresses;
* transaction records;
* technical device information;
* IP addresses;
* login and security logs;
* communication records;
* compliance documentation.
The categories of data processed may vary depending on the services used.
## 22.4 Purposes of Processing
Personal data may be processed for purposes including:
* account administration;
* identity verification;
* fraud prevention;
* cybersecurity;
* transaction processing;
* customer support;
* regulatory compliance;
* legal obligations;
* risk management;
* service improvement;
* internal analytics.
BitBank shall process personal data only to the extent reasonably necessary for these purposes.
## 22.5 Legal Basis
Where applicable, BitBank processes personal data on one or more lawful grounds, including:
* performance of a contract;
* compliance with legal obligations;
* legitimate interests;
* consent where required;
* protection of vital interests;
* other lawful bases recognized under applicable law.
## 22.6 Data Sharing
BitBank may share personal data with:
* affiliated companies;
* service providers;
* payment processors;
* blockchain analytics providers;
* identity verification providers;
* cloud infrastructure providers;
* professional advisers;
* auditors;
* competent regulatory authorities;
* law enforcement agencies where legally required.
BitBank requires third-party processors to implement appropriate safeguards where applicable.
## 22.7 International Transfers
Personal data may be transferred to or processed in countries outside the User's country of residence where necessary for the provision of services.
Where required by applicable law, BitBank shall implement appropriate safeguards for international data transfers.
## 22.8 Data Security
BitBank implements reasonable technical and organizational measures designed to protect personal data against unauthorized access, disclosure, alteration, loss or destruction.
No method of electronic storage or internet transmission can be guaranteed to be completely secure.
## 22.9 Data Retention
BitBank retains personal data only for as long as necessary to:
* provide the requested services;
* comply with legal obligations;
* resolve disputes;
* enforce these Terms;
* satisfy regulatory record-keeping requirements;
* protect legitimate business interests.
Retention periods may vary depending on the applicable legal requirements.
## 22.10 User Rights
Where provided by applicable law, Users may have rights including:
* access to personal data;
* correction of inaccurate data;
* deletion of personal data;
* restriction of processing;
* objection to processing;
* data portability;
* withdrawal of consent where processing is based on consent.
Certain rights may be limited where processing is required by law or necessary for compliance purposes.
## 22.11 Cookies and Similar Technologies
BitBank may use cookies, local storage, analytics technologies and similar tools to improve Platform functionality, security, performance and user experience.
Further information is provided in the applicable Cookie Policy where required.
## 22.12 Contact Regarding Privacy
Users may submit questions, requests or complaints concerning privacy or the processing of personal data through the official communication channels made available by BitBank.
BitBank will handle such requests in accordance with applicable data protection legislation.
# 23. Amendments
## 23.1 Right to Amend
BitBank reserves the right to amend, update, modify or replace these Terms at any time where reasonably necessary to:
* comply with applicable laws or regulations;
* improve Platform services;
* introduce new products or features;
* address security or operational risks;
* reflect changes in business practices;
* correct errors or ambiguities.
## 23.2 Publication of Changes
Updated versions of these Terms will be published on the BitBank Platform or otherwise made available through appropriate communication channels.
The date of the latest revision will be indicated at the beginning or end of the document.
## 23.3 Effective Date
Unless a different effective date is expressly specified, amendments become effective upon publication.
Where applicable law requires advance notice or a different implementation period, BitBank will comply with those legal requirements.
## 23.4 Continued Use
By continuing to access or use the Platform after the effective date of revised Terms, the User acknowledges and agrees to be bound by the updated Terms.
If the User does not agree with the amendments, the User must discontinue use of the Platform and may request closure of the account, subject to these Terms.
## 23.5 Material Changes
Where BitBank considers an amendment to be materially significant, reasonable efforts may be made to notify Users through one or more communication methods, including:
* Platform notifications;
* email communications;
* account messages;
* official announcements on the Platform.
Failure by a User to receive or review such notification shall not affect the validity or enforceability of the amended Terms where publication has occurred in accordance with this Section.
## 23.6 Emergency Changes
BitBank may implement immediate amendments without prior notice where reasonably necessary to:
* address security vulnerabilities;
* comply with legal or regulatory obligations;
* prevent fraud;
* protect Users or the Platform from imminent harm;
* respond to urgent operational requirements.
## 23.7 No Waiver
The failure of BitBank to immediately enforce any provision of these Terms or any amendment shall not constitute a waiver of its right to enforce that provision or any other provision at a later time.
## 23.8 Severability of Amendments
If any amendment or modified provision is determined to be invalid, unlawful or unenforceable by a court or competent authority, the remaining provisions of these Terms shall continue in full force and effect.
## 23.9 Historical Versions
BitBank may retain previous versions of these Terms for record-keeping, legal compliance or audit purposes.
Historical versions may be made available upon request where required by applicable law or where BitBank considers it appropriate.
## 23.10 Entire Agreement
These Terms, together with the Privacy Policy and any other documents expressly incorporated by reference, constitute the entire agreement between the User and BitBank regarding the use of the Platform and supersede all prior understandings relating to the same subject matter, except where expressly stated otherwise.
# 24. Governing Law and Dispute Resolution
## 24.1 Governing Law
These Terms, and any non-contractual obligations arising out of or in connection with them, shall be governed by and construed in accordance with the laws of **England and Wales**, without regard to any conflict of law principles that would result in the application of the laws of another jurisdiction.
## 24.2 Good Faith Resolution
Before commencing formal legal proceedings, the parties agree to make reasonable efforts to resolve any dispute through good faith discussions.
Users are encouraged to contact BitBank using the official communication channels to allow the matter to be reviewed and, where possible, resolved amicably.
## 24.3 Negotiation Period
Unless immediate legal action is required by applicable law or to protect legal rights, the parties should allow a reasonable period for negotiations before initiating formal proceedings.
Participation in informal negotiations does not suspend any statutory limitation period unless required by applicable law.
## 24.4 Jurisdiction
Subject to any mandatory consumer protection laws that cannot legally be excluded, the courts of **England and Wales** shall have exclusive jurisdiction to hear and determine any dispute arising out of or relating to these Terms or the use of the Platform.
## 24.5 Injunctive Relief
Nothing in these Terms prevents BitBank from seeking interim, emergency or injunctive relief before any court of competent jurisdiction where such relief is reasonably necessary to protect:
* intellectual property rights;
* confidential information;
* Platform security;
* digital assets;
* legal rights;
* business operations.
## 24.6 Regulatory Proceedings
Nothing contained in these Terms limits the authority of governmental agencies, regulators or competent courts to exercise powers granted under applicable law.
BitBank may cooperate fully with such authorities whenever required or permitted by law.
## 24.7 Consumer Rights
Nothing in these Terms is intended to exclude, limit or waive any mandatory consumer rights that cannot lawfully be excluded under the applicable legislation governing the User.
Where mandatory consumer protection laws apply, those rights shall prevail over any inconsistent provision of these Terms.
## 24.8 Evidence
Electronic records maintained by BitBank, including account records, transaction logs, blockchain records, authentication records and system logs, may be relied upon as evidence in any dispute to the extent permitted by applicable law.
## 24.9 Severability
If any provision of this Section is found to be invalid or unenforceable by a competent court, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.
## 24.10 Survival
This Section shall survive the suspension, termination or expiration of these Terms and shall continue to apply to any dispute arising out of events occurring during the User's use of the Platform.
# 25. Contact Information and Final Provisions
## 25.1 Contact Information
Users may contact BitBank regarding these Terms, Platform services, compliance matters, privacy requests or general inquiries through the official contact channels published on the BitBank website.
Only communications made through official BitBank channels shall be considered authentic.
## 25.2 Electronic Communications
By using the Platform, Users agree to receive notices, disclosures, agreements and other communications electronically, including through:
* the BitBank website;
* the User account;
* email;
* Platform notifications;
* other electronic communication methods made available by BitBank.
Electronic communications satisfy any legal requirement that such communications be provided in writing, to the extent permitted by applicable law.
## 25.3 Entire Agreement
These Terms, together with the Privacy Policy, Cookie Policy, AML/KYC Policy, Risk Disclosure, Disclaimer and any additional documents expressly incorporated by reference, constitute the entire agreement between the User and BitBank regarding the use of the Platform.
They supersede all previous agreements, communications, understandings and representations relating to the same subject matter.
## 25.4 Assignment
BitBank may assign, transfer or delegate its rights and obligations under these Terms as part of a corporate restructuring, merger, acquisition, sale of assets or other legitimate business transaction, provided that such transfer complies with applicable law.
Users may not assign or transfer their rights or obligations under these Terms without BitBank's prior written consent.
## 25.5 Severability
If any provision of these Terms is held to be invalid, unlawful or unenforceable by a court or competent authority, the remaining provisions shall remain in full force and effect.
Where possible, any invalid provision shall be interpreted or replaced in a manner that most closely reflects its original legal and commercial intent.
## 25.6 No Waiver
Failure by BitBank to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
Any waiver shall be effective only if made expressly in writing by an authorized representative of BitBank.
## 25.7 Force and Effect
These Terms remain effective for as long as the User accesses or uses the Platform and continue to apply, where appropriate, after termination with respect to rights, obligations and provisions intended to survive.
## 25.8 Language
These Terms may be translated into languages other than English for convenience.
In the event of any inconsistency or conflict between a translated version and the English version, the English version shall prevail unless otherwise required by mandatory applicable law.
## 25.9 Headings
Section headings are included for convenience only and shall not affect the interpretation of these Terms.
## 25.10 Effective Date
These Terms become effective on the date specified by BitBank and remain in force until amended, replaced or terminated in accordance with their provisions.
By accessing or using the Platform, the User acknowledges that they have read, understood and agreed to be bound by these Terms.
# 26. BitBank Hardware Wallets
## 26.1 Scope
This Section applies to all hardware devices, accessories, firmware, software and related services marketed, distributed or supported by BitBank under the BitBank Hardware Wallet product line.
Future hardware products released by BitBank shall also be governed by this Section unless otherwise expressly stated.
## 26.2 Purpose
BitBank Hardware Wallets are designed to assist Users in securely storing and managing supported digital assets and interacting with BitBank services.
The Hardware Wallet does not constitute a banking product, payment account, investment product or custodial service unless expressly stated for a specific feature.
## 26.3 User Responsibility
Users remain solely responsible for:
* safeguarding the device;
* protecting PIN codes, passwords and recovery phrases;
* securely storing backup information;
* verifying transaction details before approval;
* maintaining physical control of the device.
Loss of recovery credentials may permanently prevent access to digital assets.
## 26.4 Firmware and Software
BitBank may release firmware updates, software updates and security patches to improve functionality, compatibility and security.
Users are encouraged to install official updates obtained exclusively through BitBank-authorized distribution channels.
BitBank shall not be responsible for modifications made using unofficial firmware or unauthorized software.
## 26.5 Security Features
Certain Hardware Wallet models may include advanced security features such as:
* biometric authentication;
* secure element technology;
* encrypted storage;
* tamper detection;
* secure boot;
* multi-factor authentication;
* hardware encryption.
Feature availability depends on the specific Hardware Wallet model.
## 26.6 Compatibility
BitBank may expand or modify compatibility with supported blockchain networks, digital assets, wallets and third-party applications.
BitBank does not guarantee permanent compatibility with every blockchain, token or external service.
## 26.7 Device Registration
Certain Hardware Wallet services may require device registration or activation.
Registration may be necessary for warranty services, firmware updates, customer support or optional Platform integrations.
## 26.8 Warranty and Support
Hardware warranty, replacement procedures and technical support are governed by the applicable Hardware Warranty Policy published by BitBank.
Normal wear, accidental damage, unauthorized modifications, improper use or misuse may void warranty coverage.
## 26.9 Limitation of Liability
BitBank shall not be liable for loss of digital assets resulting from:
* loss of the device;
* theft;
* physical damage;
* forgotten recovery phrases;
* disclosure of PINs or private keys;
* unauthorized access caused by User negligence;
* installation of unofficial firmware or software.
## 26.10 Future Products
This Section shall automatically apply, where appropriate, to future BitBank hardware devices, accessories and security products unless separate terms are expressly published for a specific product line.
