1.1

The Terms of Use constitute a binding agreement between Ebitok and the client as soon as the client visits the Website and uses the Services. By doing so, the client confirms that they have read and accepted these Terms of Use in full.

1.2

The client agrees that Ebitok may update the Terms of Use from time to time. If the client has not read and accepted the Terms of Use in full, they should not use or continue to use the Services.

1.3

We reserve the right to change the Terms of Use from time to time at our discretion. We may notify you of such changes by sending an email and/or posting the amended Terms through our Website. The amended Terms will be deemed effective upon publication on the Website.

2.1

Our services provide you with the following "Services" to exchange one type of crypto asset (hereinafter "crypto asset") for another and access to decentralized token exchange DeFi and a trading platform.

2.2

For the purposes of this agreement, "Exchange" means the exchange of one type of crypto asset for another type of crypto asset on terms set by the exchanging parties, which is carried out through a third-party service in the relevant blockchain network. When you exchange crypto assets, you acknowledge and agree that the exchange will be carried out through a third-party exchange service with additional fees applicable to such an exchange. You acknowledge and agree that the exchange rate information provided through the Services is for reference only and may differ from prevailing rates available from other sources outside our Services.

2.3

The term "Crypto Assets" in this document is considered as a type of asset that can be transferred only and exclusively using blockchain technology, including but not limited to digital coins and digital tokens, as well as any other types of digital means of exchange, such as Bitcoin, Ethereum, Ripple, and others, with the full and absolute exclusion of securities of any kind.

2.4

The term "Trading Platform" in this document means an online digital aggregation platform for fiat providers with the ability to compare current rates and limits for buying or selling crypto assets.

2.5

To be able to use all the features and functionality of our Services, you need to go through the registration process and create an Ebitok account. An "Ebitok Account" is a client account available after the registration process and through the Services, where the client can request to exchange crypto assets. When creating an Ebitok account, you agree to:

2.5.1

Set a strong password;

2.5.2

Provide your email address. Access to the services provided by Ebitok is not possible without email confirmation;

2.5.3

Keep your credentials secure and notify us in case of any suspicious activity related to your account;

2.5.4

Consent to receive emails containing information about credentials, passwords, checks, transactions, and marketing promotions;

2.5.5

Consent to undergo the AML/KYC procedure in cases corresponding to our internal AML/KYC policies;

2.5.6

Take responsibility for all actions taken using your account;

2.6

The "Floating Exchange Rate" option in this document means the default exchange rate mode, where our platform does not guarantee the rate as it fluctuates according to the market. You acknowledge and agree that the exchange rate information provided through the Services for the floating exchange rate option is for reference only and may differ from actual rates available from other sources outside our Services. Ebitok cannot guarantee the execution of a transaction with a floating exchange rate in some cases, including but not limited to the following cases:

2.6.1

The client sent crypto assets to a previously used one-time address that was generated for a transaction with a floating or fixed exchange rate;

2.6.2

The client sent crypto assets to the Ebitok floating exchange rate address later than 1 hour after the address was provided. Ebitok addresses for exchanges with a floating rate cannot be used after 1 hour;

2.6.3

To avoid significant losses for the client caused by rate changes, if there is a significant discrepancy between the calculated exchange rate available on the Website and the rate received from a third-party exchanger, the transaction with a floating exchange rate may be automatically rejected.

2.7

The "Fixed Exchange Rate" option in this document means the default exchange rate mode, where our platform guarantees the rate as it remains unchanged regardless of market changes. You acknowledge and agree that for the fixed exchange rate option, the exchange rate information available on the Website may differ from the exchange rates for the floating exchange rate option. Ebitok cannot guarantee the execution of transactions with a fixed exchange rate in some cases, including but not limited to the following cases:

2.7.1

The client sent crypto assets more than 15 minutes (20 minutes in the case of BTC, XMR, LTC, DCR, EOS, GAS, BNB, VET) after clicking the "Exchange Now" button when exchanging at a fixed rate;

2.7.2

The client sent an amount of crypto assets different from the amount to be sent, which was displayed on the Website;

2.7.3

The client sent crypto assets to a previously used one-time address that was generated for a transaction with a floating or fixed exchange rate;

2.8

To perform an Exchange using our Services, our system will automatically generate a specific address for the initiated transaction containing the following information:

2.8.1

Information about the crypto asset the client wants to exchange and the crypto asset the client wants to receive;

2.8.2

The recipient's address provided by the client (the address to which the crypto assets will be sent after the exchange).

2.9

Technical issues arising from your misuse of our services, such as creating incorrect transactions (entering the wrong address when specifying the recipient's address and when sending your crypto assets to us), and other types of client errors can be resolved by our technical department with limitations. After successfully resolving the technical issue, incorrectly sent crypto assets will be returned to the client minus all applicable fees.

2.9.1

The Ebitok technical department can only return BTC from a Segwit BTC address. No other crypto assets, including but not limited to LTC, BSV, BCH, sent to a Segwit BTC address, are subject to return;

2.9.2

No crypto assets sent to us through an unsupported and/or not recommended network (e.g., BSC network) are subject to return. Recommended networks will be shown to you during the transaction process;

2.10

You acknowledge and agree that any refund may entail operational costs for the dedicated resources required to resolve client issues arising from the misuse of our services. Ebitok has the right to recover its operational costs for services when making any refund. In this case, the crypto assets will be returned to the client minus operational costs and network fees only with the client's prior consent.

2.11

You acknowledge and agree that any refund may entail operational costs for the dedicated resources required to resolve client issues arising from the misuse of our services. Ebitok has the right to recover its operational costs for services when making any refund. In this case, the crypto assets will be returned to the client minus operational costs and network fees only with the client's prior consent.

2.12

In limited cases, such as the need to conduct an AML/KYC procedure, your exchange may be delayed. YOU HEREBY UNDERSTAND AND ACKNOWLEDGE THAT DELAYS ARE POSSIBLE; YOU RELEASE US FROM LIABILITY AND HOLD US HARMLESS FROM 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, LOST PROFITS, OR LOSS OF DATA, WHETHER ARISING IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE DELAY OF THE EXCHANGE, WHETHER OR NOT IT WAS CAUSED BY OUR FAULT.

2.13

EBITOK is neither the creator nor the administrator of any fiat provider on the trading platform. Therefore, EBITOK is not responsible for providing, establishing, or controlling fees applicable to any services or products you find and use through our Trading Platform. It simply acts as an aggregator for various fiat money providers, integrating the APIs of these providers. All trading capabilities and services for fiat money are carried out in accordance with the policy and terms of use of the specified fiat money provider and are subject to their action.

3.1

Ebitok maintains transparency in its commission (fee) policy. The current fee structure is two-tiered and consists of exchange and network fees.

3.1.1

The exchange fee is the amount charged by Ebitok for executing transactions initiated by clients. The exchange fee structure depends on the type of transaction: floating exchange rate or fixed. For transactions with a floating exchange rate, a fee ranging from 0.05% to 3% of the withdrawal amount is charged (it differs for transactions executed through our API partners). As with transactions with a fixed exchange rate, Ebitok finds the best rate available on the market and sets it for the conversion in question; the corresponding rate is displayed to the client, thus ensuring the protection of clients' funds from market fluctuations during the exchange;

3.1.2

The network fee is paid to cryptocurrency miners for processing transactions on the network, and it serves to ensure the withdrawal of funds from exchanges. Ebitok collects and transfers these payments to the respective exchanges, which themselves set the fee amount at any given time. At the time of transaction creation, the client is shown the amount minus this fee, the size of which is based on data from the exchanges themselves. You acknowledge and agree that the final amount of the network fee charged may sometimes differ. This occurs solely due to the volatile nature of network fees prevalent on exchanges and is in no way dependent on our platform;

4.1

In furtherance of clause 2.5.5, Ebitok reserves the right to apply AML (Anti-Money Laundering) and KYC (Know Your Customer) procedures to specific clients, addresses, and specific crypto asset transactions.

4.2

In furtherance of clause 2.5.5, Ebitok reserves the right to apply AML (Anti-Money Laundering) and KYC (Know Your Customer) procedures to specific clients, addresses, and specific crypto asset transactions. AML/KYC

5.1

Before using Ebitok Services, you warrant, confirm, and agree that:

5.1.1

You use our Services solely at your discretion and at your own risk;

5.1.2

You are solely responsible for any applicable taxes that may be payable when using our Services;

5.1.3

You are NOT located, have not been under control, are not a citizen or resident of any country where crypto asset operations are explicitly prohibited and/or the United States of America (including all US territories such as Puerto Rico, American Samoa, Guam, Northern Mariana Islands, and US Virgin Islands (St. Croix, St. John, and St. Thomas), other countries and places where crypto asset operations are prohibited. Ebitok reserves the right to choose markets and jurisdictions to operate in and may at any time restrict or refuse to provide its services to clients from certain countries;

5.1.4

You are at least 18 years old or have reached another legal age in accordance with your respective jurisdiction;

5.1.5

You agree to pay the exchange fees incurred using the Services used by Ebitok, which we may change from time to time; you also understand and acknowledge that the network fee for withdrawals applies to any type of withdrawal requested by you, an authorized third party, or at the request of a competent authority;

5.1.6

There are risks associated with the internet system, such as hardware, software, and internet connection failures, as well as with the blockchain protocol, such as any malfunction, unintended malfunction, unexpected operation, or attack on the blockchain;

5.1.7

You guarantee that your crypto assets belong to you, and they are not sold, encumbered, in dispute, or under arrest, and that there are no third-party rights to your crypto assets;

5.1.8

You provide correct information for creating an exchange (e.g., email and wallet addresses). Wallet addresses should not be associated with terrorism, fraud, scam, or any other type of illegal activity.

5.2

You agree and warrant that you will not violate any law, contract, third-party rights, or commit offenses by accessing and using the Services, and that you are solely responsible for your actions and/or inactions when using our Services. Additionally, you agree and warrant that YOU WILL NOT:

5.2.1

Use our Services if the law in your country explicitly or implicitly prohibits their use;

5.2.2

Use our Services to engage in fraud, scam, or any other type of illegal activity;

5.2.3

Exchange using our Services or attempt to pay with crypto assets through our Services that are obtained from illegal gambling; fraud; money laundering; or terrorist activity; as well as any other illegal activity. To use our Services, the client may only use crypto assets obtained legally;

5.2.4

Provide false, inaccurate, or misleading information;

5.2.5

Attempt in any way to modify, decompile, debug, reconstruct, or disassemble our software;

5.2.6

Attempt to access any service or area of our Services to which you do not have access;

5.2.7

Encourage third parties to engage in any of the activities prohibited by this Section;

5.3

YOU RELEASE US FROM LIABILITY AND HOLD US HARMLESS FROM ANY CLAIMS, DEMANDS, AND DAMAGES, WHETHER DIRECT, INDIRECT, OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOST PROFITS, OR LOSS OF DATA OR LOSS OF ASSETS, WHETHER ARISING IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF THE INVALIDITY OR VIOLATION OF ANY PROVISION OF THIS SECTION AND ALL TERMS OR IN ANY WAY CONNECTED WITH THEM.

6.1

Never disclose the details of your transaction, including but not limited to your Ebitok identification and authentication data, 2FA key, transaction hash, recipient address, and/or email associated with the Ebitok account, to anyone other than Ebitok representatives. Ebitok will not request specific account information, transactions, or other personally identifiable information from you, except when:

6.1.1

the information is requested to complete a transaction you initiated;

6.1.2

Information is requested to process your request

6.1.3

It is required by law, for example, in connection with the AML/KYC procedure;

6.2

You must ensure that your transactions and/or account data are not disclosed, and that you do not knowingly or accidentally share, provide, or facilitate their unauthorized use.

6.3

WITHOUT LIMITING THE FOREGOING, EBITOK SHALL NOT BE LIABLE FOR ANY LOSSES INCURRED AS A RESULT OF ANY INFORMATION PROVIDED TO IT THROUGH THIS WEBSITE, MESSENGERS, SOCIAL NETWORKS, OR ANY OF ITS CONTACT EMAIL ADDRESSES, AS WELL AS FOR THE TRANSMISSION OF INFORMATION TO ANY PERSON(S) OR ORGANIZATION(S) AS A RESULT OF A REQUEST PROVIDING ALL NECESSARY INFORMATION.

7.1

Ebitok does not provide and will not provide any investment or legal advice regarding your exchange. You acknowledge that you are solely responsible for your decisions and actions performed on our platform, and we will not give any personal recommendations or advise you on the exchange of specific crypto assets. Before performing any crypto asset exchange, you should carefully consider whether this exchange is suitable for you with your current circumstances and financial resources.

7.2

Crypto assets are generally subject to high volatility. Crypto assets do not necessarily have a certain form of protection or regulation by any government authority – this means that by exchanging crypto assets, you will not be able to ensure compliance with any guarantees expected from regulated financial services.

7.3

THE RISK OF LOSS IN EXCHANGING CRYPTO ASSETS CAN BE SIGNIFICANT, AND THEREFORE YOU MUST UNDERSTAND THE POSSIBILITY OF LOSSES ASSOCIATED WITH EXCHANGING CRYPTO ASSETS AND MUST ASSUME RESPONSIBILITY FOR ALL RISKS ASSOCIATED WITH SUCH EXCHANGES AND THEIR OUTCOMES.

8.1

For the purposes of this agreement, "Third-Party Content" means content provided by a third party, including but not limited to links to web pages of such parties, which may be presented on the Website and other Services. At the same time, "Third-Party Service" refers to any platform or network where crypto assets belong to you or where you are the actual owner of crypto assets; or to any website or platform to which we redirect you; and this platform or website is supported by a third party outside the Services, including but not limited to third-party accounts.

8.2

We apply a strict pricing policy for all clients and do our best to ensure that the content displayed on or through our trading platform is up-to-date and accurate, we cannot guarantee the reliability of such content.

8.3

In the event of problems with any third-party services available through Ebitok, you acknowledge that the problem is with the third-party service, not Ebitok.

8.4

Ebitok is not responsible for the fees for any third-party services owned by a third party. You are solely responsible for your use of the third-party service and agree to comply with all terms applicable to any third-party service.

8.5

Currency rate discrepancies may occur at any time due to third-party service algorithms. YOU INDEMNIFY AND HOLD EBITOK HARMLESS FROM ANY DIRECT, INDIRECT, OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOST PROFITS, OR LOSS OF DATA, WHETHER ARISING IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING FROM THE ABOVE-MENTIONED CURRENCY RATE DISCREPANCY, WHICH IS LESS THAN 5% OF THE TRANSACTION AMOUNT.

8.6

When using our Services, you may view third-party content. We do not control, endorse, or adopt (unless otherwise expressly stated by Us) any third-party content and are not responsible for third-party Content, including but not limited to materials that may be misleading, incomplete, erroneous, offensive, obscene, or otherwise objectionable. Furthermore, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible for any losses or damages of any kind incurred as a result of any such dealings, and you understand that you use third-party content and interact with third parties at your own risk.

9.1

You are not entitled to modify, adapt, reproduce, distribute, or use for commercial purposes any materials, including text, graphics, video, audio, software code, client interface design, logos, and other elements of the Ebitok Website and Services.

9.2

In the event that you publicly upload or share with us any feedback, suggestion, idea, or other information or material ("Content"), you automatically grant us unlimited rights to use your content. It becomes part of the public domain as long as it remains on our website and in the Services. It may be used for marketing or any other purposes at our discretion.

10.1

You agree to receive electronically all communications that Ebitok may wish to send you about your Ebitok account and/or use of our Services. For the purposes of this agreement, "Communications" means any and all messages, agreements, documents, receipts, notices, and disclosures that may be sent to the Ebitok client from time to time. You may withdraw your consent to receive electronic communications by writing to the support service. In this case, you waive your right to refer to ignorance due to lack of notifications. If you decline or withdraw consent to receive electronic communications, Ebitok may suspend or terminate your use of the Services.

11.1

Except as expressly stated otherwise in writing, our Services are provided on an "As Is" and "As Available" basis. WE EXPRESSLY DISCLAIM, AND YOU WAIVE ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO OUR SERVICES, INCLUDING INFORMATION, CONTENT, AND MATERIALS CONTAINED THEREIN.

11.2

Unless otherwise provided by law, UNDER NO CIRCUMSTANCES SHALL EBITOK, OUR EMPLOYEES, BE LIABLE FOR ANY DIRECT, INDIRECT, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO NON-USE, LOST PROFITS, OR LOSS OF DATA, WHETHER ARISING IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO ANY DAMAGE CAUSED OR RESULTING FROM ANY CLIENT'S RELIANCE ON ANY INFORMATION OBTAINED FROM EBITOK OR RESULTING FROM ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, DEFECTS, VIRUSES, DELAYS IN OPERATION, TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT THEY ARE THE RESULT OF FORCE MAJEURE, COMMUNICATION FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO EBITOK'S RECORDS, PROGRAMS, OR SERVICES.

11.3

Exchanges through our Services are carried out automatically and cannot be canceled. Carefully check the details of your exchange. Ebitok is not responsible for your crypto assets if they were sent to non-Ebitok addresses. Moreover, Ebitok does not guarantee the uninterrupted operation of the exchange

11.4

To the maximum extent permitted by applicable law, UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY OF EBITOK (INCLUDING OUR EMPLOYEES), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, RELATED TO THE USE OR INABILITY TO USE EBITOK OR THESE TERMS, EXCEED THE FEES PAID BY YOU TO EBITOK DURING THE 3 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.

11.5

We strive to protect our clients from fraudulent activities in the field of crypto assets. It is possible that some crypto assets may be identified as funds obtained in connection with fraud or any other illegal activity, in accordance with the law. EBITOK cooperates with law enforcement and other competent authorities to identify and disclose such crypto assets. We reserve the right to prohibit and terminate any exchanges through our Services with such crypto assets at our discretion. YOU RELEASE EBITOK FROM LIABILITY FOR ANY CLAIMS, DEMANDS, AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOST PROFITS, OR LOSS OF DATA, WHETHER ARISING IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PROHIBITION AND TERMINATION OF EXCHANGE ON OUR WEBSITE OF ANY CRYPTO ASSETS.

12.1

We reserve the right to terminate these Terms and delete your Ebitok account (including your email and password) in the following cases:

12.1.1

If we believe that you have violated any of the provisions of these Terms, immediately without prior notice;

12.1.2

If we decide to discontinue providing our Services, immediately without prior notice.

12.2

Ebitok may suspend or terminate your account or use of the Services, or process any crypto asset transaction, at any time if, at its discretion, it determines that you are accessing the Services from certain countries or are a resident of one of them (see clause 5.1.3. of our Terms of Use).

13.1

These Terms contain the entire agreement and supersede all previous and current agreements between the parties regarding the Services.

13.2

In the event of any conflict between these Terms and any other agreement you may enter into with Ebitok, the terms of the other agreement may prevail only if these Terms are specifically described therein and override specific provisions of the Terms of Use.

13.3

Our failure or delay in exercising any right, power, or privilege under these Terms shall not be construed as a waiver thereof.

13.4

The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which remain in full force and effect.

13.5

You may not assign any of your rights or obligations under these Terms without the prior written consent of Ebitok, including by operation of law or in connection with any change in the legislative framework. Ebitok may assign or transfer any of its rights under these Terms, in whole or in part, without obtaining your consent or approval.