Section 12 of these Terms contain an Arbitration Agreement which will require disputes between you and us to be submitted for binding arbitration. You are waiving your right to seek relief in a court of law and to have a jury trial.
1.1. General Requirements
The Services are intended solely for users who are 18 or older and who satisfy the criteria described in these Terms. You represent and warrant that you: (a) are of legal age to form a binding contract; (b) have not previously been suspended or removed from using our Services; (c) are not identified as a “Specially Designated National” by the Office of Foreign Assets Control; and (d) have full power and authority to agree to these Terms.
In addition, if you are accessing or using the Sites on behalf of a corporate entity, you represent and warrant that you have the right, authority, and capacity to accept these Terms on such entity’s behalf. Bitcoin Solutions reserves the right to modify, amend, or update these Terms at any time and for any reason.
Any customers using an application programming interface (“API”) to connect with our platform are responsible for any money transacted on the platform through their API.
1.2. Restricted Locations
You may not use the Services if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction where your use of the Services would be illegal or otherwise violate any applicable law. You represent and warrant that you are not a citizen or resident of any such jurisdiction. You also may not use the Services if you are located in, or a citizen or resident of, any other jurisdiction where Bitcoin Solutions has determined, at its discretion, to prohibit use of the Services. Bitcoin Solutions may implement controls to restrict access to the Services. You will comply with this Section even if Bitcoin Solutions’ methods to prevent use of the Services are not effective or can be bypassed.
2. DESCRIPTION OF SERVICES
Bitcoin Solutions offers Software that enables users to buy a gift card, redeem the gift card, enter the card details, enter the Bitcoin wallet details, and the bitcoin is moved from our wallet to yours. We use a third-party, financial Institution to facilitate redemption of the Bitcoin. We are not a bank or financial institution and we do not provide investment or financial advice.
3. USE OF SERVICES
In order to use any Services, you must create and maintain an account through the Services (“Bitcoin Solutions Account”). You will: (a) create a unique password; (b) provide complete and accurate information; (c) promptly update any information you have provided so that the information is complete and accurate at all times; (d) maintain the security of your Bitcoin Solutions Account by protecting your password from unauthorized access or use; (e) promptly notify Bitcoin Solutions if you discover or suspect any unauthorized access or use of your Bitcoin Solutions Account or any security breaches related to your Bitcoin Solutions Account, and (f) accept all risks of any authorized or unauthorized access to your Bitcoin Solutions Account.
As part of our Anti-Money Laundering and Compliance Program, we require certain information to know our clients and keep records of the transactions. We perform audits and tests of the veracity of our program. If you violate any portion of our compliance requirements, we reserve the right, at any time and for any reason, without explanation, to terminate your ability to use our services.
We collect and record certain information (“KYC records”) from every customer that completes a transaction. Depending on the size of the transaction and the nature of our relationship, we collect:
- Your First and Last Name
- SMS Phone Verification;
- Email Address;
- A copy of your Driver’s License or government issued identification card;
- If required, your Social Security Number or Taxpayer Identification Number.
You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide a taxpayer identification number, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying your Information against third party databases or through other sources. Prior to your use of the Services, you must provide all information we request. You acknowledge that we will analyze and validate your identity to determine whether you qualify to perform a transaction (“Verification Process”). Your use of the Services may be delayed during the Verification Process, and we disclaim responsibility for any loss, delay or other harm relating to the delay or denial. If you do not pass the Verification Process, or if you fail to provide any of the information required to perform a transaction, you may be denied access to the Services. If you believe your access to the Services has been wrongly denied, please contact us.
You acknowledge that Bitcoin Solutions is not responsible for the risks associated with cryptocurrency purchases, and you voluntarily assume and accept such risks in deciding to engage in cryptocurrency transactions at our Site.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
4. OUR RELATIONSHIP WITH THIRD PARTIES
4.1 Our Relationship with our financial institution partner
Our financial institution partner is a chartered Nevada Trust Company and facilitates the redemption of the bitcoin gift cards. They will (a) Facilitate the sale of bitcoin in the amount you requested using the gift card information you provided to us; (b) collect a fee; (c) transfer your purchased bitcoin to the digital wallet created to custody the purchased bitcoin for you; (c) transfer a portion of the Fee to a digital wallet created to custody bitcoin for us; and (d) at your request, transfer the bitcoin to any digital wallet identified by you. We will never have custody, control or the decision-making right to any bitcoin you redeem from the financial institution, or that you leave in the custody with the financial institution.
4.2 Your Relationship with the financial institution
While we provide information that may indicate a redemption price for bitcoin you purchased, we do not sell bitcoin nor broker the sale of bitcoin. Your redemption of bitcoin is between you and the financial institution. As a result, there may be cases where the price for the bitcoin being purchased is different than the implied price displayed when using our Services. We share your KYC records with the financial institution.
We are not responsible for any transactions you perform with the financial institution. If they fail to complete a gift card redemption on your behalf in the correct amount or in the timeframe provided, or if any other loss occurs in connection with your redemption of the gift card, we will not be liable for your loss.
5. PURCHASING BITCOIN & GIFT CARD REDEMPTION LIMITS
5.1 Bitcoin Purchase
For each purchase of bitcoin, you will be required to do the following: (a) select the dollar value of the bitcoin you would like to purchase; (b) enter your gift card number and pin; (c) agree to the Custodian’s self-directed account agreement; (d) Provide any additional personal information (KYC) that may be required. We may require you to create an Account at any time to complete your bitcoin purchase.
5.2 Gift Card Redemption Limits
Gift card redemptions may not exceed $2,000 per card. The minimum gift card value is $20. There is no daily limit to redeem cards. Gift cards can only be used to redeem bitcoin, not cash.
5.3 Gift card Purchasing Limits
Gift Card purchasing may not exceed $2,000 per card. The minimum gift card value is $20. For individuals there is a daily limit of $10,000 to purchase gift cards. For Businesses, there is no daily limit to purchase gift cards.
6. ASSUMPTION OF RISKS, RELEASE OF BITCOIN SOLUTIONS
You hereby irrevocably waive, release and discharge any and all claims, whether known or unknown to you, against Bitcoin Solutions, and its affiliates. You represent and warrant that you have the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits and risks of using our Services. You agree that you have had whatever opportunity you deem necessary to investigate our Services, laws, rules, or regulations that may be applicable.
When buying or selling cryptocurrency, you are voluntarily choosing to engage in a sophisticated and risky financial transaction. You acknowledge that you are aware of the many risks associated with using our Site, including but not limited to the risk of financial loss. You hereby irrevocably waive, release and discharge any and all claims, whether known or unknown to you, against Bitcoin Solutions, and its affiliates.
You represent and warrant that you have the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits and risks.
8. GENERAL SERVICE TERMS
8.1. Dispute Resolution
Bitcoin Solutions reserves the right to resolve issues and disputes at its sole discretion. Some issues include infringement of others’ rights, violation of laws and regulations, abnormal trades, and others not explicitly mentioned in the Terms. Users agree to bear the costs arising from the process of dispute resolution.
8.2. Accuracy of Information
Users must provide any information required by any screen displayed within the Services. You represent and warrant that all information you provide via the Services is accurate and complete in all respects.
8.3. Compliance with Law; Taxes
You are responsible for complying with all applicable laws related to your trading activities and other use of the Services, including without limitation any reporting obligations and payment of all applicable taxes. You will determine what, if any, laws apply to you based on your country of residence. Bitcoin Solutions has provided general information that outlines several countries’ licensing requirements for sellers of Bitcoin; however, Bitcoin Solutions takes no liability for any of its user’s actions. Bitcoin Solutions recommends you consult with a lawyer prior to engaging in any transactions. Taxes may apply to your purchases or sales completed at the Site. It is your responsibility to report and remit the correct tax to the appropriate tax authority. Bitcoin Solutions is not responsible for determining whether taxes apply to your use of our services.
8.4. Unacceptable Use or Conduct
You will not:
- Violate any law, regulation, contract, intellectual property or other third-party right, or commit a tort while using the Services;
- Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
- Use any robot, spider, crawler, scraper, or other automated means or interface not provided by Bitcoin Solutions to access the Services or to extract data;
- Use or attempt to use another user’s account without authorization;
- Introduce any malware, viruses, or other harmful material to the site;
- Develop any third-party applications that interact with our Site without our prior written consent, or unless otherwise agreed;
- Provide false, inaccurate, or misleading information;
- Post content or communications that are libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable; or
- Encourage or induce any third party to engage in any of the activities prohibited under this Section.
8.5. Service Fees
Bitcoin Solutions reserves the rights to charge service fees on users who use its services. It is at the discretion of Bitcoin Solutions to adjust the service fees charged to users using its services. Any tax is additional. Fees are non-refundable. Additional fees may be charged by third parties in connection with the transaction. Cryptocurrency exchange rates are subject to change at any time due to market conditions, fluctuation in values, and operating costs. The present exchange rate for gift card redemption is roughly < 10.5% greater than the average exchange rate posted on our platform.
9. ELECTRONIC NOTICES
You consent to receive electronically all communications, agreements, documents, receipts, notices, and disclosures (collectively, “Communications”) that we provide in connection with our Services. You agree that we may provide these Communications to you by posting them via the Site.
10. PROPRIETARY RIGHTS
10.1. Ownership of Services
The Services, Site and all technology, content, data and other materials used, displayed or provided or received by you in connection with the Services or Site (“Bitcoin Solutions Materials”) together with all intellectual property rights in any of the foregoing are, as between you and Bitcoin Solutions, are owned by Bitcoin Solutions.
You may use the Bitcoin Solutions Materials solely as authorized by Bitcoin Solutions in connection with your use of the Services for as long as Bitcoin Solutions permits you to continue to access the Services. Without limiting the foregoing: you will not (a) modify or create derivative works of the Site, Services or Bitcoin Solutions Materials, or any portion thereof, or any data or information received by you in connection therewith; (b) frame, display or incorporate the Site, Services or Bitcoin Solutions Materials in any website or any other work of authorship; (c) decompile, disassemble, reverse engineer or attempt to discover the source code of the Site, Services or Bitcoin Solutions Materials; or (d) otherwise use the Site, Services or Bitcoin Solutions Materials for any commercial or noncommercial purpose other than their intended purposes determined at Bitcoin Solutions’ discretion. “Bitcoin Solutions”, any product or service names, logos, and other marks used on the Site or Bitcoin Solutions Materials, or otherwise in connection with the Services, are trademarks owned by Bitcoin Solutions or its licensors. You may not copy, imitate or use them without Bitcoin Solutions’ prior written consent.
Bitcoin Solutions will own any feedback, suggestions, ideas, or other information or materials that you provide, whether by email, posting through the Services or otherwise (“Feedback”). You hereby assign to Bitcoin Solutions all right, title and interest to Feedback together with all associated intellectual property rights. You will not be entitled to, and hereby waive any claim for, acknowledgment or compensation based on any Feedback or any modifications made based on any Feedback.
11. DISCLAIMER OF WARRANTIES
11.1 As Is.
To the maximum extent permitted under applicable law, the site, the services, the Bitcoin Solutions materials and any product, service or other item provided by or on behalf of Bitcoin Solutions are provided on an “AS IS” and “AS AVAILABLE” basis and Bitcoin Solutions expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. Without limiting the foregoing, Bitcoin Solutions does not represent or warrant that the site, the services or Bitcoin Solutions materials are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components.
The disclaimer of implied warranties contained herein may not apply if and to the extent it is prohibited by applicable law of the jurisdiction where you reside.
11.2 Disclaimer Against Loss
You acknowledge that your user data may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, viruses or other harmful materials, protocol changes by third party providers, internet outages, force majeure event or other disasters, scheduled or unscheduled maintenance, or other causes either within or outside our control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through our services. In no event will we be liable for any lost profits, revenue, or data, indirect, incidental, special, or consequential damages, or damages or costs due to loss of production or use, business interruption, or procurement of substitute goods or services arising out of or in connection with the Services, whether or not we have been advised of the possibility of such damages, and regardless of the theory of liability asserted.
11.3. Cap on Liability.
We will not be liable for any damages arising out of the Services exceeding $1,000 unless the damages were caused by our own fraud, gross negligence, or willful misconduct.
11.4 Disclaimer of Damages.
In no event will Bitcoin Solutions, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, profits or other business or financial benefit) arising out of or in connection with the site, the services, the Bitcoin Solutions materials, any performance or non-performance of the services, or any other product, service or other item provided by or on behalf of Bitcoin Solutions, whether under contract, statute, strict liability or other theory (including, for avoidance of doubt, any negligence of Bitcoin Solutions), even if Bitcoin Solutions has been advised of the possibility of such damages.
11.5 Limitation of Liability.
In no event will the liability of Bitcoin Solutions, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors arising out of or in connection with site, the services, the Bitcoin Solutions materials, any performance or non-performance of the services, or any other product, service or other item provided by or on behalf of Bitcoin Solutions, whether under contract, statute, strict liability or other theory (including, for avoidance of doubt, any negligence of Bitcoin Solutions) exceed the amount of the fees paid by you to Bitcoin Solutions under this agreement in the twelve-month period immediately preceding the event giving rise to the claim for liability
11.6 Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites, or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You will defend, indemnify, and hold harmless Bitcoin Solutions, its Affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, suppliers and contractors (collectively, “Indemnified Parties”) from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, the Services; (b) any User Content you provide; (c) your violation of these Terms; or (d) your violation of any applicable law or the rights of any other person or entity. If you are obligated to indemnify any Indemnified Party, Bitcoin Solutions (or, at Bitcoin Solutions’ discretion, the applicable Indemnified Party) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Bitcoin Solutions wishes to settle, and if so, on what terms.
12.2 Dispute Resolution.
All disputes, controversies or claims arising out of or relating to these Terms or the Services, will be resolved through confidential binding arbitration by an approved arbitration facilitator in the Pennsylvania.
Each of you and Bitcoin Solutions disclaims the applicability of any and all of the Consumer Rules in your jurisdiction. By agreeing to these Terms of Service you are agreeing that (1) any rules, laws, or regulations governing “consumer” arbitrations are inapplicable, (2) arbitration of any dispute arising out of or relating to your use of the Services and (3) you specifically waive any right to arbitrate in any other location, including your hometown. With respect to disputes subject to, both you and Bitcoin Solutions are giving up the right to litigate (or participate in as a party or class member) those disputes in court before a judge or jury.
12.3 Governing Law
The interpretation and enforcement of these Terms, and any dispute related to these Terms or the Services, will be governed by and construed and enforced in accordance with the laws of Pennsylvania without regard to conflict of law rules or that would cause the application of the laws of any other jurisdiction. You agree that Bitcoin Solutions may initiate a proceeding related to the enforcement or validity of Bitcoin Solutions’ intellectual property rights in any court having jurisdiction. You waive any objection to venue in any such courts.
Our failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.
12.5. Bitcoin Solutions Affiliates and Contractors
An “Affiliate” is, with respect to a legal entity, another legal entity that controls, is under common control with, or is controlled by the first legal entity. The Site and any Services may be operated or provided by Bitcoin Solutions, its Affiliates, or their respective contractors. To the extent that an Affiliate of Bitcoin Solutions, or contractor of Bitcoin Solutions or an Affiliate of Bitcoin Solutions, is operating or providing any Services, the Affiliate or contractor’s provision of such Services will be under terms identical to these Terms substituting the Affiliate or contractor’s name wherever Bitcoin Solutions’ name occurs in these Terms.
Bitcoin Solutions’ failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.
12.7. Force Majeure
Bitcoin Solutions will have no responsibility or liability for any failure or delay in performance of any Services, or any loss or damage that you may incur, due to any circumstance or event beyond the control of Bitcoin Solutions, including without limitation any flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction.
You may not assign or transfer any right to use the Services or any of your rights or obligations under these Terms without prior written consent from us, including by operation of law or in connection with any change of control. Bitcoin Solutions may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
12.9. Entire Agreement
These Terms constitute the entire agreement between you and Bitcoin Solutions regarding your use of the Sites, superseding any prior version of these Terms between you and Bitcoin Solutions with respect to the Sites. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. The section titles in these Terms are for convenience only and have no legal or contractual effect. The Terms do not alter any agreement you have with any third parties in connection to this transaction. In the event of any conflict between the Terms and any agreement with a third-party, the terms of that other agreement will control only if the Terms are specifically identified and declared to be overridden.
16. YOUR COMMENTS AND CONCERNS
All communications, including feedback, comments, questions, or complaints related to our Site, Services, or Software, should be directed to email@example.com.
Bitcoin Solutions, Inc