Terms of Use

These Terms of Use, and any terms incorporated herein (hereinafter referred to as the "Terms"), apply to your use of this Service, including https://Ebitok.com/ (the "Website"), all integrated technologies therein, as well as any associated applications (including mobile applications) operated and maintained by Ebitok ("Ebitok", "We" or "Us").

General Terms

These Terms of Use constitute a binding agreement between Ebitok and the client, once the client visits the Website and uses the Services. By doing so, the client acknowledges that they have read and accepted these Terms of Use in their entirety.
The client agrees that Ebitok may, from time to time, update the Terms of Use. If the client has not read and accepted these Terms of Use in their entirety, they should not use or continue to use the Services.
We reserve the right to amend the Terms of Use at our discretion from time to time. We may notify you of such changes by sending an email and/or by posting the amended Terms on our Website. Amended Terms will be deemed effective upon publication on the Website.

Services and Features

Our services offer you the following "Services": the ability to exchange one type of cryptocurrency asset (hereinafter referred to as "crypto assets") for another and access to a decentralized token exchange and trading platform.
For the purposes of this agreement, "Exchange" means the exchange of one type of crypto asset for another on terms agreed upon by the parties involved, conducted through a third-party exchange service within the respective blockchain network. When you exchange crypto assets, you acknowledge and agree that the exchange will be conducted through a third-party exchange service with additional fees applicable to such exchange. You acknowledge and agree that the exchange rate information provided through the Services is solely indicative and may differ from prevailing rates available from other sources outside of our Services.
The term "Crypto Assets" in this document is understood to refer to types of assets that can only be transferred exclusively through blockchain technology, including but not limited to digital coins and digital tokens, as well as any other types of digital exchange assets, such as Bitcoin, Ethereum, Ripple, and others, with the full and absolute exclusion of any form of securities.
The term "Trading Platform" in this document refers to an online platform for digital aggregation for fiat providers with the ability to compare current rates and limits for the purchase or sale of crypto assets.
In order to access all the features and functionality of our Services, you must complete the registration process and create an Ebitok account. An "Ebitok account" is a client account accessible after the registration process and through the Services, where the client can request the exchange of crypto assets. When creating an Ebitok account, you agree to:
1. Create a strong password;
2. Provide your email address. Access to the services provided by Ebitok is not possible without email confirmation;
3. Keep your account credentials secure and notify us in case of any suspicious activity associated with your account;
4. Consent to receive emails containing information about account details, passwords, receipts, transactions, and marketing promotions;
5. Consent to undergo AML/KYC procedures when applicable according to our internal AML/KYC policies;
6. Accept responsibility for all actions performed with your account.
The "Floating Exchange Rate" option in this document refers to the default exchange rate mode in which our platform does not guarantee a fixed rate, as it fluctuates in accordance with the market. You acknowledge and agree that the exchange rate information provided through the Services for the floating exchange rate option is solely indicative and may differ from actual rates available from other sources outside of our Services. Ebitok cannot guarantee the execution of a transaction with a floating exchange rate in certain cases, including but not limited to the following cases:
1. The client sent crypto assets to a previously used disposable address that was generated for a transaction with a floating or fixed exchange rate;
2. The client sent crypto assets to an Ebitok floating exchange rate address more than 1 hour after the address was provided. Ebitok addresses for floating rate exchanges cannot be used after 1 hour;
3. To prevent significant losses for the client due to rate changes, in the event of a significant discrepancy between the calculated exchange rate available on the Website and the rate obtained from a third-party exchange, a transaction with a floating exchange rate may be automatically declined.

Despite the aforementioned cases, if the market situation allows us to execute the exchange, the transaction will be manually processed at a new rate. If the market situation is such that the transaction can no longer be executed, or if the rate has significantly changed and the client requests a refund, the crypto assets the client wishes to exchange will be returned, if possible, minus all applicable fees. Refunds typically take 1 to 7 business days (depending on the reason for the failure) after the client confirms their refund address.

When using the "Fixed Exchange Rate" option, your rate is "locked" and remains unchanged regardless of market fluctuations. You acknowledge and agree that for the fixed exchange rate option, the exchange rate information available on the Website may differ from exchange rates for the floating exchange rate option. Ebitok cannot guarantee the execution of transactions with a fixed exchange rate in certain cases, including but not limited to the following cases:
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. The client sent an amount of crypto assets different from the amount displayed on the Website that should be sent;
3. The client sent crypto assets to a previously used disposable address that was generated for a transaction with a fixed or floating exchange rate.

Despite the aforementioned cases, if the market situation allows us to execute the exchange, the transaction will be manually processed at the rate confirmed by the client at the beginning of the exchange. If the market situation is such that the transaction can no longer be executed, the crypto assets the client wishes to exchange will be returned, if possible, minus all applicable fees (applicable only to cases 2.7.1 and 2.7.2). Ebitok may return crypto assets upon the client request. Crypto assets will be sent manually from the exchange market we work with, minus all applicable fees. In such a case, the refund process typically takes up to 20 business days (applicable only to case 2.7.3).

To perform an Exchange using our Services, our system will automatically generate a specific address for the initiated transaction, containing the following information:
1. Information about the crypto asset the client wants to exchange and the crypto asset the client wants to receive;
2. Recipient address provided by the client (the address to which crypto assets will be sent after the exchange).

The client understands that the crypto assets to be exchanged are only transferred to the specific address provided by the system. The address is active only for one transaction, specifically the one indicated by the system.

Technical issues arising from your misuse of our services, such as creating incorrect transactions (inputting the wrong address both as the recipient 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.
1. Ebitok technical department can only return BTC from a BTC Segwit address. No other crypto assets, including but not limited to LTC, BSV, BCH, sent to a BTC Segwit address, are eligible for a refund;
2. No crypto assets sent to us via an unsupported and/or non-recommended network (e.g., the BSC network) are eligible for a refund. Recommended networks will be displayed to you during the transaction process.
You acknowledge and agree that any reimbursement may incur operational expenses for allocated resources required to resolve client issues arising from the misuse of our services. Ebitok has the right to reimburse its operational expenses for services when issuing any refund. In this case, crypto assets will be returned to the client, minus operational expenses and network fees, only with the client prior consent.
YOU RELEASE EBITOK FROM ANY AND ALL 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 FROM A CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPROPER ADDRESS USAGE, IMPROPERLY CONSTRUCTED TRANSACTIONS, AND SO FORTH.
In limited cases, such as the need to conduct AML/KYC procedures, your exchange may be delayed. BY THIS, YOU UNDERSTAND AND ACKNOWLEDGE THAT DELAYS ARE POSSIBLE; YOU RELEASE US FROM LIABILITY AND DISCLAIM ANY CLAIMS, 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 FROM A CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE EXCHANGE DELAY, REGARDLESS OF WHETHER IT OCCURRED DUE TO OUR FAULT OR NOT.
EBITOK is neither the creator nor the administrator of any fiat provider on the trading platform. Therefore, EBITOK is not responsible for the provision, establishment, or control of fees applicable to any services or products you encounter and use through our Trading Platform. It simply acts as an aggregator for various fiat money providers, integrating the APIs of these providers. All opportunities and services related to fiat currency trading are conducted in accordance with the policy and terms of use of the specified fiat money provider and fall under their jurisdiction.

Fees

Ebitok maintains transparency in its fee policy. The current fee structure is two-tiered and consists of exchange and network fees.
1. Exchange fee is the amount charged by Ebitok for processing transactions initiated by clients. The exchange fee structure depends on the type of transaction: floating exchange rate or fixed rate. For transactions with a floating exchange rate, a fee ranging from 0.05% to 3% of the withdrawal amount is charged (it may differ for transactions executed through our API partners). Similarly, for fixed-rate transactions, Ebitok finds the best rate available on the market and sets it for the conversion under consideration, displaying the corresponding rate to the client, thus ensuring the protection of client funds from market fluctuations during the exchange.
2. Network fee is paid to cryptocurrency miners for processing transactions on the network and is used to facilitate the withdrawal of funds from exchanges. Ebitok collects and transfers these payments to the relevant exchanges, which set the fee amount at any given time. When creating a transaction, the client sees the amount deducted from the transaction, the size of which is based on data from the exchanges themselves. You acknowledge and agree that the final amount of the network fee may sometimes differ. This occurs solely due to the unstable nature of network fees prevalent on exchanges and is in no way dependent on our platform.

AML (Anti-Money Laundering) and KYC (Know Your Customer)

In addition to section 2.5.5, Ebitok reserves the right to apply AML (Anti-Money Laundering) and KYC (Know Your Customer) procedures to specific clients, addresses, and individual cryptocurrency transactions.
Up-to-date information on AML/KYC procedures can always be found on the AML/KYC

For Clients

Before you use Ebitok Services, you guarantee, confirm, and agree that:
1. You use our Services solely at your discretion and at your own risk;
2. You are solely responsible for any applicable taxes that may be payable when using our Services;
3. You are NOT located, have NOT been located in, are NOT a citizen of, or resident of any country where cryptocurrency operations are explicitly prohibited, including the United States of America (including all U.S. territories such as Puerto Rico, American Samoa, Guam, Northern Mariana Islands, and the U.S. Virgin Islands - St. Croix, St. John, and St. Thomas), other countries and places where cryptocurrency operations are prohibited. {{APP_NAME}} reserves the right to select markets and jurisdictions for operation and may restrict or deny its services to clients from specific countries at any time;
4. You are at least 18 years old or you have reached the legal age of consent in your respective jurisdiction;
5. You agree to pay fees for exchanges made using the Services provided by Ebitok, which we may change from time to time. You also understand and acknowledge that network withdrawal fees apply to any types of withdrawals requested by you, authorized by you as a third party, or at the request of a competent authority;
6. There are risks associated with internet systems, such as hardware and software failures and internet connections, as well as with the blockchain protocol, such as any malfunction, unintended malfunction, unexpected operation, or attack on the blockchain;
7. You guarantee that your cryptocurrency assets belong to you, are not sold, encumbered, subject to dispute, or under arrest, and that there are no third-party rights to your cryptocurrency assets;
8. You provide accurate information for creating an exchange (e.g., email and wallet addresses). Wallet addresses must not be associated with terrorism, fraud, scam, or any other form of illegal activity.
You agree and guarantee that you will not violate any laws, contracts, third-party rights, or commit any illegal activities when accessing and using the Services, and that you are solely responsible for your actions and/or inaction when using our Services. Additionally, you also agree and guarantee that YOU WILL NOT:
1. Use our Services if the law in your country directly or indirectly prohibits their use;
2. Use our Services to engage in fraud, scams, or any other form of illegal activity;
3. Exchange or attempt to pay with cryptocurrencies through our Services, which are obtained as a result of illegal gambling, fraud, money laundering, or terrorist activities, as well as any other illegal activities. For the use of our Services, the client can only use cryptocurrencies obtained legally;
4. Provide false, inaccurate, or misleading information;
5. Attempt in any way to modify, decompile, debug, reverse engineer, or disassemble our software;
6. Attempt to access any service or area of our Services to which you do not have access;
7. Encourage third parties to engage in any of the activities prohibited by this Section.
YOU RELEASE US FROM LIABILITY AND INDEMNIFY US AGAINST ANY CLAIMS, DEMANDS, AND DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFIT, LOSS OF DATA, OR LOSS OF ASSETS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE INVALIDITY OR BREACH OF ANY OF THE PROVISIONS OF THIS SECTION AND ALL RELATED CONDITIONS OR OTHERWISE ARISING.

Privacy

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 your Ebitok account to anyone other than Ebitok representatives. Ebitok will not request specific information about your account, transactions, or other personally identifiable information except in cases when:
1. The information is requested to complete a transaction initiated by you;
2. The information is requested to process your request;
3. It is required by law, for example, with AML/KYC procedures.
You must ensure that your transactions and/or account data are not disclosed, and that you do not knowingly or accidentally share them, provide them, or assist in their unauthorized use.
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, NOR FOR THE TRANSMISSION OF INFORMATION TO ANY PERSON(S) OR ORGANIZATION(S) IN RESPONSE TO A REQUEST PROVIDING ALL NECESSARY INFORMATION.

Risks

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 taken on our platform, and we will not provide any personal recommendations or advice on the exchange of specific cryptocurrencies. Before making any cryptocurrency exchange, you must carefully consider whether the exchange is suitable for your current circumstances and financial resources.
Cryptocurrencies are typically subject to high volatility. Cryptocurrencies do not necessarily have a specific form of protection or regulation by any governmental authority. This means that when exchanging cryptocurrencies, you cannot ensure compliance with any guarantees expected from regulated financial services.
THE RISK OF LOSSES IN CRYPTOASSET EXCHANGE CAN BE SUBSTANTIAL, AND THEREFORE, YOU MUST UNDERSTAND THE POSSIBILITY OF LOSSES ASSOCIATED WITH CRYPTOASSET EXCHANGES AND ASSUME RESPONSIBILITY FOR ALL RISKS ASSOCIATED WITH SUCH EXCHANGES AND THEIR OUTCOMES.

Third Parties

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 third parties, which may be presented on the Website and other Services. "Third-Party Service" on the other hand, refers to any platform or network where cryptocurrencies belong to you or where you are the actual owner of cryptocurrencies; or any website or platform to which we redirect you; and this platform or website is maintained by a third party beyond the Services, including but not limited to third-party accounts.
We enforce a strict policy of accurate prices for all customers and make every effort to ensure that the content displayed on our trading platform or through it is current and accurate; however, we cannot guarantee the reliability of such content.
In case of issues with any third-party services available through Ebitok, you acknowledge that the issue lies with the third-party service, not Ebitok.
Ebitok is not responsible for any fees for third-party services owned by a third party. You are solely responsible for your use of third-party services and agree to comply with all terms applicable to any third-party service.
Currency exchange rate disparities may occur at any time due to the algorithms of third-party services. YOU INDEMNIFY AND HOLD EBITOK HARMLESS FROM ANY DIRECT, INDIRECT, SPECIAL, OR OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA ARISING OUT OF OR IN CONNECTION WITH THE ABOVE-MENTIONED CURRENCY EXCHANGE RATE DISPARITY, WHICH AMOUNTS TO LESS THAN 5% OF THE TRANSACTION AMOUNT.
When using our Services, you may view third-party content. We do not control, endorse, or adopt (unless expressly stated by us) any third-party content and are not responsible for third-party content, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent, 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 sort incurred as a result of such dealings, and you understand that you use third-party content and interact with third parties at your own risk.

You do not have the right to modify, alter, reproduce, distribute, or use for commercial purposes any materials, including text, graphics, videos, audio, software code, client interface design, logos, and other elements of the Ebitok Website and Services.
In the event that you publicly upload or share with us any feedback, suggestions, ideas, or other information or materials ("Content"), you automatically grant us an unrestricted right to use your Content. It becomes part of the public domain as long as it remains on our website and in our Services. It may be used for marketing or any other purposes at our discretion.

Contact

You agree to receive electronically all communications that Ebitok may want to send you regarding your Ebitok account and/or the use of our Services. For the purposes of this agreement, "Messages" means any and all messages, agreements, documents, receipts, notices, and information disclosures that may be sent to you by Ebitok from time to time. You may withdraw your consent to receive electronic messages by notifying our customer support. In such a case, you waive your right to claim ignorance due to lack of notifications. If you decline or withdraw your consent to receive electronic messages, Ebitok may suspend or terminate your use of the Services.

Limitation of Liability

Except as otherwise expressly provided in writing, our Services are provided "as is" and "as available." WE EXPRESSLY DISCLAIM, AND YOU DISCLAIM, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, 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.
Under no circumstances, unless required by law, SHALL EBITOK, OUR EMPLOYEES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN CONTRACT, TORT (INCLUDING 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 ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM FORCE MAJEURE EVENTS, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO EBITOK RECORDS, PROGRAMS, OR SERVICES.
Exchange through our Services is automated and cannot be reversed. Please double-check the details of your exchange. Ebitok is not responsible for your cryptocurrencies if they were sent to incorrect addresses. Furthermore, Ebitok does not guarantee uninterrupted operation of the exchange.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL LIABILITY OF EBITOK (INCLUDING OUR EMPLOYEES), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE EBITOK OR THESE TERMS, EXCEED THE AMOUNT YOU PAID TO EBITOK WITHIN THE THREE MONTHS PRECEDING THE DATE OF ANY CLAIM THAT GAVE RISE TO SUCH LIABILITY.
We strive to protect our customers from fraudulent activities in the cryptocurrency sphere. It is possible that some cryptocurrencies are identified with some probability as proceeds from fraud or any other illegal activity under the law. EBITOK collaborates with law enforcement agencies and other competent authorities to identify and disclose such cryptocurrencies. We reserve the right to prohibit and terminate any exchanges through our Services with such cryptocurrencies at our sole discretion. YOU RELEASE EBITOK FROM ANY CLAIMS, DEMANDS, AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PROHIBITION AND TERMINATION OF EXCHANGE ON OUR WEBSITE OF ANY CRYPTOCURRENCIES.

Termination of these Terms

We reserve the right to terminate these Terms and delete your Ebitok account (including your email and password) in the following cases:
1. If we believe you have violated any of the provisions of these Terms, immediately without prior notice;
2. If we decide to terminate the provision of our Services, immediately without prior notice.
Ebitok may suspend or terminate the operation of your account or the use of the Services, or the processing of any cryptocurrency transaction at any time, if it determines in its sole discretion that you are accessing the Services from certain countries or are a resident of one of them (see section 5.1.3. of our Terms of Use).

Miscellaneous

These Terms constitute the entire agreement and supersede all prior and contemporaneous agreements between the parties regarding the Services.
In the case 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 in it and it supersedes specific sections of the Terms of Use.
Our failure or delay in exercising any right, power, or privilege under these Terms shall not be construed as a waiver of them.
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 shall remain in full force and effect.
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 of control. Ebitok may assign or transfer any of its rights under these Terms, in whole or in part, without your consent or approval.