Bitselly Terms of Services

Terms of Services

Last Update - 10 June 2018

These Terms of Services and any terms incorporated herein (the “Terms”) apply to your (“User”) use of the “Technology platform”, including https://bitselly.com, the technology and the platform integrated therein and any applications associated therewith, which are operated and maintained by Bitselly and its subsidiaries (“Bitselly”, “We”, or “Us”). We provide you the possibility to use Our Technology Platform (“Services”) on the following terms and conditions.

GENERAL PROVISIONS

1. DEFINITIONS

1.1. “Communications” shall mean all and any communication, agreement, document, receipt, notice and disclosure, which may be from time to time addressed to User by Bitselly.
1.2. “Crypto assets” shall mean such type of assets which can only and exclusively be transmitted by means of block-chain technology, including but not limited to digital coins and digital tokens and any other type of digital mediums of exchange, such as Bitcoin, Ethereum, Ripple, etc, to the full and absolute exempt of the securities of any kind.
1.3. “Deposit/Withdrawal” of crypto assets shall mean remittance of crypto assets to/from Bitselly Account from/to external third-party service accordingly.
1.4. “Feedback” is any feedback, suggestion, idea or other information or material regarding Bitselly or our Services that you provide, whether by email, posting through our Services or otherwise.
1.5. "Force Majeure Event" shall be understood as any event beyond Bitselly's reasonable control, including but not limited to the flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, suspension of bank accounts of any kind, extraordinary leaps of the course of crypto asset, communications, network or power failure, or equipment or software malfunction or any other cause beyond Bitselly's reasonable control.
1.6. “Bitselly Account” is a User account accessible after the registration process and via the Services where crypto assets may be stored and operated by Bitselly on behalf of a User.
1.7. “Bitselly IP” shall mean all and any copyright and other intellectual property rights in all content and other materials contained on the Technology Platform or provided in connection with the Services, including, without limitation, the Bitselly name, trademark, Bitselly logo and all designs, text, graphics, pictures, information, data, software, technologies, know-hows, sound and video files, other files and the selection and arrangement thereof.
1.8. "Third-Party Content" is the content provided by third parties, including without limitation links to web pages of such parties, which may be represented on the Technology Platform.
1.9. "Third-party service" is any platform or network in which crypto assets belong to you or where you are the beneficial owner of crypto assets; and this platform is maintained by a third party outside of the Services; including, but not limited to third-party accounts.
1.10. “Trade” shall be understood as an exchange of the crypto asset of one type, owned by one Bitselly Account User, to the crypto asset of another type, owned by the same or another Bitselly account User, at the terms and conditions set forth by such exchange parties, and which is executed solely and exclusively within the Technology Platform with crypto assets deposited to those Users’ Bitselly Accounts. In no case shall the Trade be deemed or construed to be a marginal trade.
1.11. “Transfer” for the purposes herein shall mean a record of Deposit, Withdrawal and/or Trade transaction of crypto asset into, out from or at User’s Bitselly Account, which is technically executed by Bitselly in accordance with User’s Deposit/Withdrawal request or Trade order.

2. WARRANTIES, REPRESENTATIONS AND COVENANTS

2.1.It is a pre-condition that our Services are only provided to those who are permitted to enter in legally binding relationships. Therefore, if there is any reason why you are not able to enter into legally binding relationships with Us, for whatever reason - do not use our Services.

2.2. You further represent and warrant that you:

  • Are at least 18 years old or of other legal age, according to your relevant jurisdiction;
  • Have not previously been suspended or removed from our Services;
  • Have full power and authority to enter into this legal relationship and by doing so will not violate any other legal relationships;
  • Use our Technology Platform with your own e-mail and for your own benefit and do not act on behalf and/or to the interest of any other person;
  • Guarantee that your crypto assets, which you transfer to the Technology Platform are not sold, encumbered, not in contention, or under seizure, and that neither exist any rights of third parties to your crypto assets;
  • Will not use our Services or will immediately cease using those if any applicable law in your country prohibits or will prohibit you at any time from doing so;
  • Will not use our Services or will immediately cease using those if you are a resident or become a resident at any time of the state or region (in accordance with such state or region definition of residency), where the crypto assets transactions you are going to execute are prohibited or require special approval, permit and/or authorization of any kind, which Bitselly has not obtained in this state or region. In case of any doubts, immediately and prior to any use of the Services, contact us at [email protected] and we will provide you with the information, whether We have any approval, permit or authorization in the state or region you are the resident of.
  • 2.3. When accessing or using the Technology Platform, you further represent, agree and warrant, that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our Technology Platform. Without prejudice to the generality of the foregoing, you represent, agree and warrant, that you will not:

  • Use the Technology Platform in any manner that could interfere with, disrupt, negatively affect or inhibit other users from using our Technology Platform with full functionality, or that could damage, disable, overburden or impair the functioning of Technology Platform in any manner;
  • Use the Technology Platform to pay for, support or otherwise engage in any illegal gambling activities; fraud; money-laundering; or terrorist activities; or any other illegal activities;
  • Use any robot, spider, crawler, scraper or other automated means or interface not provided by Us to access the Technology Platform or to extract data;
  • Use or attempt to use another User account without authorization;
  • Attempt to circumvent any content filtering techniques We employ, or attempt to access any service or area of our Technology Platform that you are not authorized to access;
  • Develop any third-party applications that interact with our Technology Platform without our prior written consent;
  • Provide false, inaccurate, or misleading information;
  • Encourage or induce any third party to engage in any of the activities prohibited under this Section.
  • 2.4. YOU INDEMNIFY AND HOLD BITSELLY HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH INVALIDITY OR BREACH OF ANY OF THE WARRANTIES, REPRESENTATIONS AND COVENANTS OF THIS SECTION AND THE ENTIRE TERMS.