Terms and Conditions
1. Acceptance of Terms
1.1 By opening an account at the Platform, you expressly represent and warrant: 1.1.1 You have accepted these Terms; and 1.1.2 You are at least 18 years of age and have the full capacity to accept these Terms and enter into a transaction involving digital assets. 1.2 You may terminate this agreement with Bitcofly, and close your account at any time, following settlement of any pending transactions. 1.3 You also agree that Bitcofly by giving notice, in its sole discretion terminate your access to the Platform and to your account, including without limitation, our right to: limit, suspend or terminate the service and user accounts, prohibit access to the Platform and its content, services and tools, delay or remove hosted content, and take technical and legal steps to keep user off the Platform if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of these Terms. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users for any reason, including without limitation: (1) attempts to gain unauthorized access to the Platform or another user's account or providing assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any content, (3) usage of the service to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities, (4) violations of these Terms of Service, (5) failure to pay or fraudulent payment for transactions, (6) unexpected operational difficulties, or (7) upon the request of law enforcement or other government agencies, if deemed to be legitimate and compelling by Bitcofly, acting in its sole discretion.
2. Scope of Service
2.1 Bitcofly does not provide users services to purchase and sell digital assets directly from and to us. Our services do not provide users with the ability to trade one form of fiat currency for another form of fiat currency. 2.2 Bitcofly does not provide you with a platform that trades with open orders from other users of our services in your direction. 2.3 Depending on your country of residence, you may not be able to use all the functions of the Site. It is your responsibility to follow those rules and laws in your country of residence and/or country from which you access this Site and services. 2.4 In order to access and use our services, you must create an account with Bitcofly. You agree to: (a) provide accurate, current and complete information when creating the account; (b) maintain and promptly update your account information to keep it accurate, complete, and current; (c) maintain the security and confidentiality of your login credentials and restrict access to your account and your computer; (d) promptly notify Bitcofly if you discover or otherwise suspect any security breaches related to the Platform; and (e) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
3. Transaction & Fees
3.1 The User agrees to pay the Platform the transaction fee for each completed transaction. Prior to a transaction, the user must consider transaction fee rates published. 3.2 Transaction fee amount is automatically charged off in the digital assets for relevant transaction. The transaction fee, other charges, as well as the charging procedure can be changed/reviewed unilaterally by Bitcofly from time to time and such changes shall become effective the moment they are posted on the Platform.
4. Modification/Suspension/Termination of Service
4.1 The Platform may: (a) suspend, restrict, or terminate your access to any or all of the Bitcofly services, and/or (b) deactivate or cancel your Bitcofly account if: 4.1.1 We are so required by a facially valid subpoena, court order, or binding order of a government authority; or 4.1.2 We reasonably suspect you of using your Bitcofly account in connection with a prohibited use or business; or 4.1.3 Use of your Bitcofly 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 4.1.4 Our service partners are unable to support your use; or 4.1.5 You take any action that Bitcofly deems as circumventing Bitcofly's controls, including, but not limited to, opening multiple Bitcofly accounts or abusing promotions which Bitcofly may offer from time to time. 4.2 If Bitcofly suspends or closes your account, or terminates your use of Bitcofly Services for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits Bitcofly from providing you with such notice. You acknowledge that Bitcofly'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 Bitcofly's risk management and security protocols. You agree that Bitcofly is under no obligation to disclose the details of its risk management and security procedures to you. 4.3 We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our services. 4.4 Bitcofly reserves the right to change, add or remove portions of these Terms, at any time, in an exercise of its sole discretion. You will be notified of any changes in advance through your account. Upon such notification, it is your responsibility to review the amended Terms. Your continued use of the Site following the posting of a notice of changes to the Terms signifies that you accept and agree to the changes, and that all subsequent transactions by you will be subject to the amended Terms.
5. Rules of Use
5.1 When registering for your Bitcofly account, you must provide current, complete, and accurate information for all required elements on the registration page. If any of this information changes, it is your obligation to update such information as soon as possible. We reserve the right to maintain your account registration information after you close your account for business and regulatory compliance purposes. 5.2 In connection with your use of services, you hereby agree that you will not: violate (or assist any other party in violating) any applicable law, statute, ordinance, or regulation; intentionally try to defraud (or assist in the defrauding of) Bitcofly or other Bitcofly users; provide false, inaccurate, or misleading information; take any action that interferes with, intercepts, or expropriates any system, data, or information; partake in any transaction involving the proceeds of illegal activity; transmit or upload any virus, worm, or other malicious software or program; attempt to gain unauthorized access to other Bitcofly accounts, the Bitcofly website, or any related networks or systems; use the services on behalf of any third party or otherwise act as an intermediary between Bitcofly and any third parties; collect any user information from other Bitcofly users, including, without limitation, email addresses; defame, harass, or violate the privacy or intellectual property rights of Bitcofly or any other Bitcofly users; or upload, display or transmit any messages, photos, videos or other media that contain illegal goods, pornographic, violent, obscene or copyrighted images in connection with a payment or payment request, or otherwise. 5.2 You also are responsible for maintaining the confidentiality of your account information, including your password, safeguarding your own Bitcoin, and for all activity including transactions that are posted to your account. If there is suspicious activity related to your account, we may, but are not obligated, to request additional information from you, including authenticating documents, and to freeze any transactions pending our review. You are obligated to comply with these security requests, or accept termination of your account. You are required to notify us immediately of any unauthorized use of your account or password, or any other breach of security by email. Any user who violates these rules may be terminated, and thereafter held liable for losses incurred by us or any user of the Platform.
6. Intellectual Property
6.1 All content on this Platform is the property of Bitcofly and is protected by copyright, patent, trademark, and any other applicable laws, unless otherwise specified hereby. 6.2 The trademarks, trade names, service marks and logos of Bitcofly and others used on the Platform are the property of Bitcofly and its respective owners. The software, applications, text, images, graphics, data, prices, trades, charts, graphs, video and audio materials used on this Site belong to Bitcofly. The trademarks and other content on the Platform should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, no matter manual or automated. 6.3 The use of any content from the Platform on any other site or a networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may violate copyright, patent, trademark and any other applicable laws and could result in criminal or civil penalties. 6.4 Bitcofly is a trademark owned by the Company and allows no unauthorized use by any user or third parties. 6.5 Bitcofly supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please send us an email.
8.1 Digital assets transaction may be subject to high risks. 8.1.1 The risk of loss in trading digital assets may be substantial and losses may occur over a short period of time. 8.1.2 The price and liquidity of digital assets have been subject to large fluctuations in the past and may be subject to large fluctuations in the future. 8.3 Legislative and regulatory changes or actions at the state, federal or international level may adversely affect the use, transfer, exchange, and value of digital assets. 8.4 Cryptocurrency investments always involve a certain risk. By agreeing to these conditions, you agree to accept any risk of your investment managing in markets by us.
You agree to defend, indemnify and hold harmless Bitcofly from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to your violation of these Terms; or your violation of any rights of any other person or entity.
You understand and agree that all communication with you will be via electronic communication, including emails, site messages and we will use those means to provide you with account-related notices and order receipts. To ensure that you receive all of our communications, you agree to keep your email address up-to-date and notify us immediately if there are any changes or change yourself by the customer platform. Delivery of any notice to the email address on record with your user account will be considered valid. If any email is returned as undeliverable, we retain the right to block access to your user account until you provide and confirm a new email address.
These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with Bitcofly for our services. In the event of any conflict between these Terms and any other agreement you may have with Bitcofly, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.