Thank you for choosing BitWallet. The following terms and conditions and user agreement (hereinafter referred to as the “Agreement”), applies to customers or users of BitWallet as defined herein, including anyone who uses or has access to our website:
This Agreement is a contract between you and BitWallet, Incorporated (“BitWallet”). BitWallet may also refer to itself in the first person as “we” or “our” in this Agreement. By signing up to use an account through BitWallet.org, BitWalletInc.com, or any of our associated websites, APIs, or mobile applications (collectively the “BitWallet Site”), you agree that you have read, understood, and accept all of the terms and conditions contained in this Agreement and appendices, if any. You agree to be bound to the terms and conditions in this Agreement. You and BitWallet may be referred to as the “parties” in this Agreement.
You agree, acknowledge, represent, covenant, and warrant the following:
The consideration to you for this Agreement, the sufficiency of which you hereby expressly acknowledge and agree to, solely consists of the limited and conditional license granted to you to use the BitWallet Site under the terms and conditions of this Agreement.
1. BitWallet’s Basic Services.
1.1. Requirements to Use BitWallet. You must be at least 18 years old to use BitWallet Services. To link a funding method or to purchase or sell digital currency, you must be at least 18 years old (or the applicable age of majority and contractual capacity). If you are under the age of 18, and you wish to engage in digital currency purchase or sale activity, please contact us at the Customer Support link within the BitWallet Site. A parent or legal guardian may conduct the transaction for you.
1.2. BitWallet Services. Your BitWallet account (“BitWallet Account”) includes the following basic BitWallet services: One or more hosted Digital Currency wallets that allow users to store Bitcoin (or “Digital Currency”), to track, transfer, and manage supported Digital Currencies (the “Secured Digital Currency Wallet”); and Digital Currency conversion services through which users can buy and sell Digital Currencies in transactions with BitWallet (collectively referred to as the “Conversion Services”) (collectively referred to as the “BitWallet Services”).
***CAVEAT. The risk of loss in trading or holding Digital Currency can be substantial. You should therefore carefully consider whether trading or holding Digital Currency is wise financial planning for you in light of your financial condition.
2. Starting your BitWallet Account.
2.1. Registering your BitWallet Account. To use any of the BitWallet Services, you must first register by providing your name, an e-mail address, password, and affirming your acceptance of this Agreement. BitWallet may, in our sole discretion, refuse to allow you to establish a BitWallet Account, or limit the number of BitWallet Accounts that a single person may create and maintain at any time.
2.2. Verifying Your Identity. To use certain features of the BitWallet Services, including certain transfers of Digital Currency, you may be required to provide BitWallet with certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification number, and information regarding your bank account (e.g., financial institution, account type, routing number, and account number). In submitting this personal information, or any other personal information as may be required, you verify that the information is accurate and authentic. You also agree to update BitWallet with correct information if it changes. You hereby authorize BitWallet to, directly or through third parties make any inquiries we consider necessary to verify your identity and/or protect against fraud, including to query identity information contained in public reports (e.g., your name, address, past addresses, or date of birth), to obtain account information associated with your linked bank account (e.g., name or account balance), and to take action we reasonably deem necessary based on the results of such inquiries and reports. You further authorize any and all third parties, to whom we may question or request information, to fully respond to such inquiries or requests.
3. Secured Digital Currency Wallet (our BitWallet™).
3.1. In General. Our Secured Digital Currency Wallet services (our BitWallet™) allow you to send supported Digital Currency to, and request, receive, and store supported Digital Currency from, third parties pursuant to instructions you provide through the BitWallet Site (each such transaction is a “Digital Currency Transaction”). BitWallet reserves the right to refuse to process or to cancel any pending Digital Currency Transaction as required by law or in response to a subpoena, court order, or other binding government order or to enforce transaction limits. BitWallet cannot reverse a Digital Currency Transaction which has been broadcast to a Digital Currency network. Under no circumstances should you attempt to use your Secured Digital Currency Wallet services to store, send, request, or receive digital currencies in any form that are not supported by BitWallet. BitWallet assumes no responsibility or liability in connection with any attempt to use BitWallet Services for digital currencies that BitWallet does not support.
3.2. Digital Currency Transactions. BitWallet processes supported Digital Currency according to the instructions received from its users, and we do not guarantee the identity of any user, receiver, request-recipient or other party. You should verify all transaction information prior to submitting instructions to BitWallet. Once submitted to a Digital Currency network, a Digital Currency Transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the Digital Currency network. A transaction is not complete while it is in a pending state. Funds associated with transactions that are in a pending state will be designated accordingly, and will not be included in your BitWallet Account balance or be available to conduct transactions. BitWallet may charge network fees (e.g., miner fees) to process a Digital Currency transaction on your behalf. BitWallet will calculate the network fee in its discretion.
3.3. Storage & Transaction Delays. BitWallet securely stores all Digital Currency private keys and codes in our control in online and offline storage. As a result, it may be necessary for BitWallet to retrieve certain information from offline storage in order to facilitate a Digital Currency Transaction in accordance with your instructions, which may delay the initiation or crediting of such Digital Currency Transaction for 48 hours or more. You acknowledge and agree that a Digital Currency Transaction facilitated by BitWallet may be delayed. And you agree that BitWallet is not liable or responsible for any damages or injury arising out of or related to such delay.
3.4. No liability for Third Party Arrangements. BitWallet is not liable for your business dealings with other users or third parties. BitWallet is not an insurer of your Digital Currency transactions. BitWallet has no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase from, or sell to, a third party (including other users of BitWallet Services). BitWallet is not responsible for ensuring that a buyer or a seller you may transact with will actually complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from, or sold to, a third party in connection with Digital Currency transferred using the BitWallet Services, or if you have
a dispute with such third party, you must resolve the dispute directly with that third party. If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify BitWallet Customer Support through the BitWallet Site so that we may consider what action to take, if any.
3.5. Derivative Protocols. Unless specifically announced on our website or through some other official public statement of BitWallet, we do not support metacoins, colored coins, side chains, or other derivative, enhanced, or forked protocols, tokens, or coins which supplement or interact with a Digital Currency supported by BitWallet (collectively, “Derivative Protocols”). Do not use your BitWallet Account to attempt to receive, request, send, store, or engage in any other type of transaction involving an Derivative Protocol. The BitWallet platform is not configured to detect and/or secure Derivative Protocol transactions and BitWallet assumes absolutely no responsibility whatsoever in respect to Derivative Protocols.
3.6. No Guarantee regarding operation of Third-Party Digital Currency Protocols. BitWallet does not own or control the underlying software protocols which govern the operation of Digital Currencies that we support. In general, the underlying protocols are open source code, and anyone can use, copy, modify, and distribute them. By using the BitWallet Site, you acknowledge and agree (i) that BitWallet is not responsible for operation of the underlying protocols; (ii) that BitWallet makes no guarantee of their functionality, security, or availability; (iii) that BitWallet does not vouch for theses protocols, and (iv) that the underlying protocols are subject to sudden changes in operating rules (i.e., “forks”). You acknowledge that such forks may materially affect the value, function, and/or even the name of the Digital Currency you store in the BitWallet Site. In the event of a fork, you agree and acknowledge that BitWallet may temporarily suspend BitWallet operations (with or without advance notice to you) and that BitWallet may, in its sole discretion, (a) reconfigure its systems or (b) stop supporting the forked protocol entirely, provided, however, that you will have an opportunity to withdraw funds from the platform. You acknowledge and agree that BitWallet assumes absolutely no responsibility whatsoever in respect of an unsupported protocol.
4. General Use and Termination.
4.1. Limited License. We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the BitWallet Site, and related products, content, data, materials, information (collectively, the “BitWallet Content”) solely for approved purposes as permitted by BitWallet for a finite period of time to be determined at BitWallet’s sole discretion. Any other use of the BitWallet Site or BitWallet Content is expressly prohibited and all other right, title, and interest in the BitWallet Site or BitWallet Content is exclusively the property of BitWallet and its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the BitWallet Content, in whole or in part. “BitWallet.org”, “BitWallet”, “BITWALLET.com” and all logos related to the BitWallet Services or displayed on the BitWallet Site are either trademarks or registered marks of BitWallet or its licensors. You may not copy, imitate or use them without BitWallet’s prior written consent.
4.2. Limitation of Website Accuracy. Although we strive to provide accurate and timely information on the BitWallet Site, the BitWallet Site (including, without limitation, the BitWallet Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. To provide you with as complete and accurate information as possible, information may be changed or updated occasionally without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the BitWallet Site are your sole responsibility and we shall have no liability for such decisions. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, products, content, or services contained in any third-party materials or on any third party sites accessible or linked to the BitWallet Site.
4.3. Third-Party Applications. When permitted by BitWallet on occasion, if you grant express permission to a third party to access or connect to your BitWallet Account, regardless of how you grant such authority, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any third party with access to your BitWallet Account. Further, you acknowledge and agree that you will not hold BitWallet responsible for, and will indemnify BitWallet from, any liability arising out of or related to any act or omission of any third party with access to your BitWallet Account. You may change or remove permissions granted by you to third parties with respect to your BitWallet Account at any time on the BitWallet Site.
4.4. Prohibited Use. In connection with your use of the BitWallet Services, and your interactions with other users, and third parties you agree and represent you will not engage in any Prohibited Business or Prohibited Use defined herein. See Section 6. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We reserve the right to cancel and/or suspend your BitWallet Account and/or block transactions or freeze funds immediately and without notice if we determine, in our sole discretion, that your Account is associated with a Prohibited Use and/or a Prohibited Business.
4.5. Transactions Limits. The use of all BitWallet Services is subject to a limit on the amount of volume, stated in U.S. Dollar terms, you may transact or transfer in a given period (e.g., daily). Your transaction limits may vary depending on your payment method, verification steps you have completed, and other factors. BitWallet reserves the right to change applicable limits as we deem necessary in our sole discretion. If you wish to raise your limits beyond the posted amounts, you may submit contact Customer Support on the BitWallet Site. We may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with BitWallet personnel (such process, “Higher Due Diligence”). BitWallet reserves the right to charge you costs and fees associated with Higher Due Diligence, provided that we notify you in advance of any such charges accruing. In our sole discretion, we may refuse to raise your limits, or we may lower your limits at a subsequent time, even if you have completed Higher Due Diligence.
4.6. Suspension, Termination, and Cancellation.
4.6.1. BitWallet may: (a) suspend, restrict, or terminate your access to any or all of the BitWallet Services, and/or (b) deactivate or cancel your BitWallet Account if:
*We are so required by a facially valid subpoena, court order, or binding order of a government authority; or
*We reasonably suspect you of using your BitWallet Account in connection with a Prohibited Use or Prohibited Business (See Section 6); or
*Use of your BitWallet Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; or
*Our service partners are unable to support your use; or
*You take any action that BitWallet deems as circumventing BitWallet’s controls, including, but not limited to, opening multiple BitWallet Accounts or abusing promotions which BitWallet may offer from time to time.
*You breach our Behavior Policy.
4.6.2. If BitWallet suspends or closes your account, or terminates your use of BitWallet Services for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits BitWallet from providing you with such notice. You acknowledge that BitWallet’s decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to BitWallet’s risk management and security protocols. You agree that BitWallet is under no obligation to disclose the details of its risk management and security procedures to you.
4.6.3. You will be permitted to transfer Digital Currency or funds associated with your Secured Digital Currency Wallet(s) for ninety (90) days after Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, including but not limited to applicable sanctions programs, or (ii) by a facially valid subpoena or court order. You may cancel your BitWallet Account at any time by withdrawing all balances. You will not be charged for canceling your BitWallet Account, although you will be required to pay any outstanding amounts owed to BitWallet. You authorize us to cancel or suspend any pending transactions at the time of cancellation.
4.7. Relationship of the Parties. BitWallet is an independent contractor for all purposes. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, you and BitWallet to be treated as partners, joint ventures, or otherwise as joint associates for profit. Neither you or BitWallet shall be deemed as, interpreted to be, considered to be, or treated as the agent of the other. Neither party is a fiduciary of the other.
4.8. Privacy of other Users and Marketing. If you receive information about another user through the BitWallet Services, such as any codes or keys, you must keep the information confidential and only use it in connection with the BitWallet Services. You may not disclose or distribute a user’s information to a third party or use the information except as reasonably necessary to effectuate a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user’s express consent to do so. You may not send unsolicited email to a user through the BitWallet Site.
4.9. Password Security and Contact Information. Keep a safe password. You are responsible for maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the BitWallet Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your BitWallet Account by third-parties and the loss or theft of any Digital Currency and/or funds held in your BitWallet Account and any associated accounts, including your linked bank account(s) and credit card(s). You are responsible for keeping your email address and telephone number up to date in your Account Profile in order to receive any notices or alerts that we may send you. We assume no responsibility for any loss that you may suffer due to a breach or compromise of account login credentials due to no fault of BitWallet and/or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your BitWallet Account information has been compromised, contact BitWallet customer support immediately on the BitWallet Site.
4.10. Taxes. You are solely obligated to pay your taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the BitWallet Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your BitWallet Account.
4.11. Unclaimed or forfeited Property. If BitWallet is holding funds in your account, and BitWallet is unable to contact you and has no record of your use of the Services for several years, applicable law may require BitWallet to report these funds as unclaimed property to the applicable jurisdiction. If this occurs, BitWallet will try to locate you at the address shown in our records, but if BitWallet is unable to locate you, it may be required to deliver any such funds to the applicable state or territorial agency as unclaimed property. BitWallet reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.
5. Feedback, Questions, Complaints, and Dispute Resolution.
5.1. Contact BitWallet. Contact us via our Customer Support within the BitWallet webpage if you have any feedback, questions, or complaints. When you contact us please provide us with your name, address, and any other information we may need to identify you, your BitWallet Account, and the transaction on which you have feedback, questions, or complaints. If you believe your account has been compromised, you may also report the alleged breach to us by sending an email to our Customer Support on the BitWallet Site.
5.2. Arbitration and Waiver of Class Action. If you have a dispute with BitWallet, we will attempt to resolve any such disputes through our support team. If we cannot resolve the dispute through our support team, you and we agree that any dispute arising under this Agreement shall be finally settled in binding arbitration, on an individual basis, in accordance with the American Arbitration Association’s rules for arbitration of consumer – related disputes (accessible at https://www.adr.org/aaa/faces/rules). YOU AND BITWALLET HEREBY EXPRESSLY WAIVES TRIAL BY JURY. AND YOU AND BITWALLET EXPRESSLY WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. The arbitration will be conducted by a single, neutral arbitrator and shall take place in the county or parish in which you reside, or another mutually agreeable location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees when authorized by law, and the arbitral decision may be enforced in any court. At your request, hearings, if any, may be conducted in person or by telephone. You and BitWallet agree, however, that the arbitrator may rule on motions by submission of briefs without oral hearings. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to costs and attorneys’ fees.
5.3. If the arbitrator(s) or arbitration administrator would impose filing fees or other administrative costs on you, we may reimburse you, but are not required to do so, upon request, and then only to the extent such fees or costs would exceed those that you would otherwise have to pay if you were proceeding instead in a court. We will also pay additional fees or costs if required to do so by the arbitration administrator’s rules or applicable law. Regardless of the foregoing, each Party will be responsible for its own attorneys fees, and for any other fees or costs, that the Party may incur. If a court decides that any provision of this Agreement (including any subsection in Section 5 or Section 6) is invalid or unenforceable, that provision shall be severed, and the other parts of this Agreement shall still apply. In any case, the remainder of this User Agreement, will continue to apply.
5.4. In the event that a court rules, finds or holds that the arbitration provision (Section 5.2) in this Agreement is waived or is otherwise unenforceable, then you agree that venue for any dispute between you and BitWallet shall be in Harris County, Texas, USA. Regardless of location of the arbitration or litigation, you agree that Texas law shall apply to any dispute between you and BitWallet. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Texas, and this Agreement shall be interpreted in all respects as a Texas contract.
6. Prohibited Use and Prohibited Businesses.
6.1. Prohibited Use.
You may not use your BitWallet Account to engage in the following categories of activity (“Prohibited Uses”). The categories of use listed below are representative, but not exhaustive. Other categories may be prohibited if they violate BitWallet’s policies. If you are uncertain as to whether or not your use of BitWallet Services involves a Prohibited Use, or have questions about how these requirements apply to you, please contact us at customer support through the BitWallet Site. By opening a BitWallet Account, you confirm that you will not use your Account to do any of the following:
Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in the countries where BitWallet conducts business, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information. Unlawful Activity, expressly prohibited by BitWallet includes all crimes and/or any criminal activity, including but not limited to: theft, fraud, money laundering, tax evasion, assault, sexual assault, rape, murder, homicide, sex-trafficking, prostitution, indecency, child abuse, indecency with a child, any financial crime, or any other crime not specifically listed here. Any violation of federal law or State law is an unlawful activity and is grounds for immediate termination of all BitWallet Services, and immediate suspension of your BitWallet Account.
Abusive Activity: Actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the BitWallet Site that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the BitWallet Site, other BitWallet Accounts, computer systems or networks connected to the BitWallet Site, through password mining or any other means; use BitWallet Account information of another party to access or use the BitWallet Site, except in the case of specific Merchants and/or applications which are specifically authorized by a user to access such user’s BitWallet Account and information; or transfer your account access or rights to your account to a third party, unless by operation of law or with the express permission of BitWallet.
Abuse Other Users: Interfere with another individual’s or entity’s access to or use of any BitWallet Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage violent acts against others; harvest or otherwise collect information from the BitWallet Site about others, including without limitation email addresses, without proper consent.
Fraud: Activity which operates to defraud BitWallet, BitWallet users, or any other person; provide any false, inaccurate, or misleading information to BitWallet.
Gambling: Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance.
Intellectual Property Infringement: Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; use of BitWallet intellectual property, name, or logo, including use of BitWallet trade or service marks, without express consent from BitWallet or in a manner that otherwise harms BitWallet or the BitWallet brand; any action that implies an untrue endorsement by or affiliation with BitWallet.
6.2. Prohibited Businesses.
6.2.1. In addition to the Prohibited Uses described above, the following categories of businesses, business practices, and sale items are barred from BitWallet Services (“Prohibited Businesses”). Most Prohibited Businesses categories are imposed by Card Network rules or the requirements of our banking providers or processors. The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of BitWallet Services involves a Prohibited Business, or have questions about how these requirements apply to you, please contact us at Customer Support through the BitWallet Site.
6.2.2. By opening a BitWallet Account, you confirm that you will NOT use BitWallet Services in connection with any of following businesses, activities, practices, or items:
Investment and Credit Services: Securities brokers; mortgage consulting or debt reduction services; credit counseling or repair; real estate opportunities; investment schemes
Restricted Financial Services: Check cashing, bail bonds; collections agencies.
Intellectual Property or Proprietary Rights Infringement: Sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder.
Counterfeit or Unauthorized Goods: Unauthorized sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported or which are stolen.
Regulated Products and Services: Marijuana dispensaries and related businesses; sale of tobacco, e-cigarettes, and e-liquid; online prescription or pharmaceutical services; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials; products and services with varying legal status on a state-by-state basis.
Drugs and Drug Paraphernalia: Sale of narcotics, scheduled drugs, controlled substances, and any equipment designed for making or using drugs, such as bongs, vaporizers, and hookahs.
Pseudo-Pharmaceuticals: Pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body.
Substances designed to mimic illegal drugs: Sale of a legal substance that provides the same effect as an illegal drug (e.g., salvia, kratom).
Adult Content and Services: Pornography and other obscene materials (including literature, imagery and other media); sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features.
Multi-level Marketing: Pyramid schemes, network marketing, and referral marketing programs.
Unfair, predatory or deceptive practices: Investment opportunities or other services that promise high rewards; Sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers.
High risk businesses: Any businesses that we believe poses elevated financial risk, legal liability, or violates card network or bank policies.
6.3. Conditional Use:
Express written consent and approval from BitWallet must be obtained prior to using BitWallet Services for the following categories of business and/or use (“Conditional Uses”). Consent may be requested by contacting Customer Support on the BitWallet Site. BitWallet may also require you to agree to additional conditions, make supplemental representations and warranties, complete enhanced on-boarding procedures, and operate subject to restrictions if you use BitWallet Services in connection with any of following businesses, activities, or practices:
Money Services: Money transmitters, Digital Currency transmitters; currency or Digital Currency exchanges or dealers; gift cards; prepaid cards; sale of in-game currency unless the merchant is the operator of the virtual world; act as a payment intermediary or aggregator or otherwise resell any of the BitWallet Services
Charities: Acceptance of donations for nonprofit enterprise.
Games of Skill: Games which are not defined as gambling under this Agreement or by law, but which require an entry fee and award a prize
Religious/Spiritual Organizations: Operation of a for-profit religious or spiritual organization.
7. Verification Procedures and Limits.
7.1. BitWallet uses multi-level systems and procedures to collect and verify information about you in order to protect BitWallet and the community from fraudulent users, and to keep appropriate records of BitWallet’s customers. BitWallet may be required by state and federal law to know our customers’ financial practices (e.g., KYC). You hereby expressly consent and agree to permit and authorize BitWallet to collect this information.
7.2. All U.S. users who wish to use BitWallet Services may be required to:
1) Add personal details (full name, date of birth, residential address).
2) Add an alternative payment method.
3) Complete identity verification by answering a few questions.
7.5. Notwithstanding these minimum verification procedures for the referenced BitWallet Services, BitWallet may require you to provide or verify additional information, or to wait some amount of time after completion of a transaction, before permitting you to use any BitWallet Services and/or before permitting you to engage in transactions beyond certain volume limits.
7.6. You may contact us on the BitWallet Site to request larger limits. BitWallet will require you to submit to Higher Due Diligence. Additional fees and costs may apply, and BitWallet does not guarantee that we will raise your limits.
8. Electronic Communications and Consent.
8.1. This policy describes how BitWallet delivers communications to you electronically. We may amend this policy at any time by providing a revised version on our website. The revised version will be effective at the time we post it. We will provide you with prior notice of any material changes via our website.
8.2. Electronic Delivery of Communications.
8.2.1. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your BitWallet Account and your use of BitWallet Services. Communications include:
*Account details, history, transaction receipts, confirmations, and any other Account or transaction information;
*Legal, regulatory, and tax disclosures or statements we may be required to make available to you; and
*Responses to claims or customer support inquiries filed in connection with your Account.
*We will provide these Communications to you by posting them on the BitWallet website, emailing them to you at the primary email address listed in your BitWallet profile, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification.
8.2.2. You hereby knowingly waive any complaint or legal action against BitWallet based on the Federal Telephone Consumer Protection Act, 47 U.S.C. § 227, or Telephone Consumer Protection Act of the state or jurisdiction in which you reside. You hereby grant BitWallet express written consent and authority to communicate with you by facsimile transmission, email, text message, instant messages or any other electronic form of communication regardless of the electronic device on which you receive the communication.
8.3. Hardware and Software Requirements.
In order to access and retain electronic Communications, you will need the following computer hardware and software:
*A device with an Internet connection;
*A valid email address (your primary email address on file with BitWallet); and
*Sufficient storage space to save past Communications or an installed printer to print them.
8.4. How to Withdraw Your Consent.
You may withdraw your consent to receive Communications electronically by e-mailing us at support@BitWallet.org. If you fail to provide or if you withdraw your consent to receive Communications electronically, BitWallet reserves the right to immediately close your Account or charge you additional fees for paper copies.
8.5. Updating your Information.
8.5.1. It is your responsibility to provide us with a true, accurate and complete e-mail address and your contact information, and to keep such information up to date. You understand and agree that if BitWallet sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, BitWallet will be deemed to have provided the Communication to you.
8.5.2. You may update your information by logging into your account and visiting settings within the BitWallet Site.
9. State License Disclosures.
9.1. BitWallet will maintain licenses to engage in money transmission activities in many jurisdictions across several states. These licenses may impact our provision and your use of certain BitWallet Services depending on where you live. Any of BitWallet’s licenses and corresponding required disclosures may be found on the BitWallet Site Licenses page, which is hereby incorporated by reference. The disclosures in this section are conditioned upon BitWallet receiving the money service license in each state.
9.2. If you live in the following jurisdictions, we are required to provide you with the following information:
Alaska. Please note that a money services license for the State of Alaska does not cover the transmission of virtual currency. If you have a complaint or other concern about Alaska money services licensees, authorized delegates, and the money services provided by money services licensees and authorized delegates, you may contact the Alaska Department of Commerce, Community, and Economic Development, Division of Banking and Securities at (907) 465-2521.
Florida. If you have a question or complaint, please contact the consumer assistance division of BitWallet at support@BitWallet.org.
NOTICE by the Florida Office of Financial Regulation: IN THE EVENT THAT THE STATE OF FLORIDA GRANTS BITWALLET A LICENSE, THE FLORIDA OFFICE OF FINANCIAL REGULATION IS NOT ENDORSING THE USE OF DIGITAL OR VIRTUAL CURRENCIES.
*U.S. currency is legal tender backed by the U.S. government.
*Digital and virtual currencies are not issued or backed by the U.S. government, or related in any way to U.S. currency, and have fewer regulatory protections.
*The value of digital and virtual currencies is derived from supply and demand in the global marketplace which can rise or fall independently of any fiat (government) currency.
*Holding digital and virtual currencies carries exchange rate and other types of risk.
POTENTIAL USERS OF DIGITAL OR VIRTUAL CURRENCIES, INCLUDING BUT NOT LIMITED TO BITCOIN, SHOULD BE FOREWARNED OF A POSSIBLE FINANCIAL LOSS AT THE TIME THAT SUCH CURRENCIES ARE EXCHANGED FOR FIAT CURRENCY DUE TO AN UNFAVORABLE EXCHANGE RATE. A FAVORABLE EXCHANGE RATE AT THE TIME OF EXCHANGE CAN RESULT IN A TAX LIABILITY. PLEASE CONSULT YOUR TAX ADVISOR REGARDING ANY TAX CONSEQUENCES ASSOCIATED WITH YOUR HOLDING OR USE OF DIGITAL OR VIRTUAL CURRENCIES.
Louisiana. BitWallet will apply for a license by the Louisiana Office of Financial Institutions as a money transmitter. The Louisiana Office of Financial Institutions does not license or regulate services related to virtual currency, including but not limited to transmission or exchange which may be conducted by BitWallet.
Maryland. The Commissioner of Financial Regulation for the State of Maryland will accept all questions or complaints from Maryland residents regarding BitWallet by contacting the Commissioner’s office at: 500 North Calvert Street, Suite 402, Baltimore, Maryland 21202, or (888) 784-0136.
New York. BitWallet will apply for a license issued by the New York State Department of Financial Services (“NYDFS”) to engage in money transmission and virtual currency business activity, respectively. If you have a complaint, please contact us immediately on the BitWallet Site. New York consumers may also direct unresolved complaints directly to NYDFS at the NYDFS Consumer Complaint Portal or by contacting the NYDFS as follows: NYDFS Consumer Assistance Unit, One Commerce Plaza, Albany, NY 12257. Tel. 1-800-342-3736.
Please note the following disclosures associated with virtual currency:
*Virtual currency is not legal tender, is not backed by the government, and accounts and value balances are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections.
*Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of virtual currency.
*Transactions in virtual currency may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable.
*Some virtual currency transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that the customer initiates the transaction.
*The value of virtual currency may be derived from the continued willingness of market participants to exchange fiat currency for virtual currency, which may result in the potential for permanent and total loss of value of a particular virtual currency should the market for that virtual currency disappear.
*There is no assurance that a person who accepts a virtual currency as payment today will continue to do so in the future.
*The volatility and unpredictability of the price of virtual currency relative to fiat currency may result in significant loss over a short period of time.
*The nature of virtual currency may lead to an increased risk of fraud or cyber attack.
*The nature of virtual currency means that any technological difficulties experienced by BitWallet may prevent the access or use of a customer’s virtual currency.
*Any bond or trust account maintained by BitWallet for the benefit of its customers may not be sufficient to cover all losses incurred by customers.
Texas. If you have a complaint, please contact the consumer assistance division of BitWallet at support@BitWallet.org. If you still have an unresolved complaint regarding BitWallet’s money transmission activity, please direct your complaint to: Texas Department of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705, 1-877-276-5554 (toll free), or www.dob.texas.gov.
Tennessee. Please note that in the event that BitWallet acquires a Tennessee license, that the required surety bond does not cover the transmission of virtual currency. BitWallet will apply for a license by the Tennessee Department of Financial Institutions as a money transmitter. The Tennessee Department of Financial Institutions does not regulate virtual currency.
Virginia. BitWallet will apply for a license by the Virginia State Corporation Commission as a money transmitter, but such license will not cover the transmission of virtual currency (Bitcoin).
10. Miscellaneous Provisions.
10.1. Computer Viruses. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, adware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also 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 BitWallet. Always log into your BitWallet Account through the BitWallet Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
10.2. Release of BitWallet and Indemnification. If you have a dispute with one or more users of the BitWallet services, you hereby expressly fully and completely release BitWallet, its affiliates and service providers, and each of their respective officers, directors, owners, agents, joint venturers, employees and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. You agree to indemnify and hold BitWallet, its affiliates and Service Providers, and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement or your violation of any law, rule or regulation, or the rights of any third party. This is a material term of this Agreement.
10.3. Limitation of Liability and No Warranty. IN NO EVENT SHALL BITWALLET, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE (A) FOR ANY AMOUNT GREATER THAN THE VALUE OF THE SUPPORTED BITCOIN OR DIGITAL CURRENCY ON DEPOSIT IN YOUR BITWALLET ACCOUNT OR (B) FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE BITWALLET SITE OR THE BITWALLET SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BITWALLET HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS, BY WAY OF EXAMPLE ONLY (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), THAT IF YOU CLAIM THAT BITWALLET FAILED TO PROCESS A BUY OR SELL TRANSACTION PROPERLY, YOUR DAMAGES ARE LIMITED TO NO MORE THAN THE VALUE OF THE SUPPORTED BITCOIN OR DIGITAL CURRENCY AT ISSUE IN THE TRANSACTION, AND THAT YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, OR OTHER TYPES OF SPECIAL, INCIDENTIAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES IN EXCESS OF THE VALUE OF THE SUPPORTED DIGITAL CURRENCY AT ISSUE IN THE TRANSACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE BITWALLET SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BITWALLET SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. BITWALLET DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE, ANY PART OF THE BITWALLET SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.
BitWallet makes no representations about the accuracy or completeness of historical Digital Currency price data available on the Site. BitWallet will make reasonable efforts to accommodate requests for electronic debits and credits involving bank accounts, credit cards, and check issuances and strive to process in a timely manner. But BitWallet makes no representations or warranties regarding the amount of time needed to complete processing, which is dependent upon many factors outside of our control.
IF YOU ARE A NEW JERSEY RESIDENT, the provisions of this Section 10.3 apply only to the full extent permitted under New Jersey law.
10.4. Entire Agreement. This Agreement, and appendices, if any, are incorporated by reference herein comprise the entire understanding and agreement between you and BitWallet as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and BitWallet. Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.
10.5.1. We may amend or modify this Agreement by posting revisions on the BitWallet Site or emailing to you the revised Agreement, and the revised Agreement shall be effective at such time. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account. You agree that we shall not be liable to you or any third party for any modification or termination of the BitWallet Services, or suspension or termination of your access to the BitWallet Services, except to the extent otherwise expressly set forth herein. If the revised Agreement includes a material change, we will attempt to provide you with advanced notice via our website and/or email before the material change becomes effective.
10.5.2. If you disagree with this Agreement, any terms in this Agreement, or with any subsequent amendments, changes, or updates, you may NOT use BitWallet’s Site or any of our services. Your only recourse in the case of disagreement is to stop using all of the BitWallet Services. You agree to discontinue use of the BitWallet Site immediately after you disagree with this Agreement, its amendments, or updates.
10.5.3. This Agreement may be amended, changed, or updated by BitWallet at any time and without prior notice to you. You should check back often to confirm that your copy and understanding of this Agreement is current and correct. Your non-termination or continued use of any Services after the effective date of any amendments, changes, or updates constitutes your acceptance of this Agreement, as modified by such amendments, changes, or updates.
10.6. Assignment. You may not assign any rights and/or licenses granted under this Agreement. We reserve the right to assign our rights without restriction, including without limitation to any BitWallet affiliates or subsidiaries, or to any successor in interest of any business associated with the BitWallet Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
10.7. Severability. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and
the validity or enforcement of any other provision of this Agreement shall not be affected. The parties intend to avoid an interpretation that renders any provision in this Agreement unenforceable.
10.8. Change of Control. In the event that BitWallet is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
10.9. Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, BitWallet Account cancellation, debts owed to BitWallet, general use of the BitWallet Site, disputes with BitWallet, and general provisions, shall survive the termination or expiration of this Agreement.
10.10. Governing Law. You agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and BitWallet, except to the extent governed by federal law.
10.11. Force Majeure. We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforcement of any remaining provisions.
10.12. English Language Controls. This Agreement shall be interpreted solely as an English language document. Notwithstanding any other provision in this Agreement, any translation of this Agreement is provided for your convenience only. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
10.13. Non-Waiver of Rights. This agreement shall not be construed to waive rights that cannot be waived under applicable state money transmission laws in the state where you are located.
Edition: May 10, 2018
BitWallet Terms and Conditions and User Agreement
2018 © BitWallet, Incorporated