BitToro Wallet Services General Terms and Conditions
I. INTRODUCTIONThese BitToro Wallet Services General Terms and Conditions (“General Terms”) govern the contractual relations between you (“Client” or “you”) and any holding company, subsidiary or entity belonging to the BitToro group of companies (“BitToro” or “we”), while you and BitToro are hereinafter separately referred to as “Party” and jointly - as “Parties”, in regard to your use of the services provided by BitToro, and constitute a legally binding agreement (“Agreement”) between the Parties.You shall take your time and carefully read these General Terms before using the services provided by BitToro, so you are fully aware of your rights and obligations. Keep in mind that by using these services (even only by completing the sign-up process), you both actively agree with these General Terms and enter into contractual relations with BitToro.
II. DEFINITIONS1. Applicable Law means any law, statute, regulation, ordinance, treaty, guideline, policy and act issued by any governmental or regulatory authority, including but not limited to the governing law under Section 19 of these General Terms and/or any provision of the general terms and conditions of the relevant BitToro Wallet Service.2. Business Day(s) means any day(s) when banking institutions in the relevant jurisdiction are open for normal business activities (which usually means any day(s) except Saturday, Sunday or a public holiday).3. Credit Wallet means a digital wallet in the Client’s BitToro Account comprising all the Digital Assets of this Client used or intended to be used as collateral of BitToro Crypto Credits.4. Digital Assets means any digital assets (such as cryptocurrencies, stablecoins and tokenized assets, including BITTORO Tokens (BTR)), accepted and supported by BitToro, and subject to revision, prohibitions and limitations at any time.5. USDx means a USD stablecoin, asset-backed by BitToro, with a guaranteed 1-to-1 conversion to USDat all times.6. Fork means a software change to the underlying protocols of the Digital Assets’ networks.7. Intellectual Property means any intellectual and industrial property rights, belonging to BitToro, for example, trademarks, service marks, logos, copyright and related rights, know-how, research, publications, agreements, trade and company names, etc.8. Interest means the indicated interest rate accrued in accordance with the general terms and conditions of the relevant BitToro Wallet Service and subject to revision at any time, as well as the amount of the interest resulting from the accrual at any time.9. BitToro Account means a personal or business account, opened with BitToro, through which you can use the BitToro Wallet Services.10. BitToro Booster means a leverage product offered by BitToro, combining the features of the BitToro Loan and the BitToro Exchange Service and allowing you to multiply your Portfolio Balance, within the limits, for the Digital Assets and under the conditions, as indicated in these General Terms, the general terms and conditions of the relevant BitToro Wallet Service, on the BitToro Platform and in the BitToro Account.11. BitToro Card means a virtual or physical card issued under the brand name of BitToro, which can be used in certain jurisdictions, as the case may be, in relation to BitToro Wallet Services.12. BitToro Loan means any Digital Assets credit facility granted by BitToro and the total amount of the credit due by the Client to BitToro Loan, at any time until its full repayment, including the principal, the Interest and any fees due to BitToro in accordance with the relevant general terms and conditions and/or these General Terms.13. BitToro Earn Interest Product means a product offered by BitToro, allowing you to earn Interest on your Digital Assets in accordance with the relevant general terms and conditions.14. BitToro Exchange Service means the execution by BitToro of exchange transactions and the topping up of the proceeds thereof, respectively the Digital Assets, into the Savings or Credit Wallets of the Clients’ BitToro Accounts, as the case may be, in accordance with the relevant general terms and conditions, as well as the related BitToro Wallet Services offered by BitToro through the BitToro Platform.15. BitToro Loyalty Program means a program offered by BitToro, providing the Clients with preferential terms depending on the ratio of BITTORO Tokens (BTR) in their BitToro Accounts to the Portfolio Balance, as indicated on the BitToro Platform.16. BitToro Platform means any BitToro website, mobile application and any other official BitToro communication channel, including the content and services made available on or through the same, and any updates, upgrades, and versions thereof.17. BitToro Referral Program means a program offered by BitToro, providing the Clients with an incentive for referring new Clients to BitToro, subject to the terms and conditions herein, governing the relevant BitToro Wallet Service (if and to the extent applicable), as well as on the BitToro Platform.18. BITTORO Token (BTR) means a native utility Digital Asset of BitToro, allowing you to use a wide variety of additional features of the BitToro Wallet Services and/or be granted preferential Interest or other terms by BitToro.19. BitToro Wallet Services means all services provided by BitToro through the BitToro Platform.20. Personal Data means any information about you that is necessary, among other things, for verification of your identity, use of the BitToro Wallet Services, and compliance with regulatory requirements.21. Portfolio Balance means the total amount of all the Digital Assets in the Client’s BitToro Account.22. Savings Wallet means a digital wallet in the Client’s BitToro Account comprising all the Digital Assets of the Client, excluding the ones moved to the Credit Wallet for the purpose of BitToro Loan collateralisation.23. Transaction History means the history of your transactions and all the details about the Digital Assets in your BitToro Account. Unless stated otherwise, references shall be made to the BitToro Loan General Terms and Conditions, the BitToro Earn Interest Product General Terms and Conditions and BitToro Exchange Service General Terms and Conditions, and all the terms, used in these General Terms and not defined herein, shall have the same meaning as the one given to them in the BitToro Loan General Terms and Conditions, the BitToro Earn Interest Product General Terms and Conditions and BitToro Exchange Service General Terms and Conditions, as the case may be.
III. BITTORO WALLET SERVICES1. The BitToro Wallet Services comprise of:1.1 Digital Asset wallet wherein all the Digital Assets approved and supported by BitToro can be stored by you (“Digital Asset Wallet”);1.2 BitToro Exchange Service;1.3 Transfer of Digital Assets from one BitToro Account to another, or to an external recipient (“BitToro Transfer Service”);1.4 BitToro Loan;1.5 BitToro Earn Interest Product;1.6 Any incentive program offered by BitToro that may be launched via the BitToro Platform or accessed through your BitToro Account, such as the BitToro Loyalty Program or the BitToro Referral Program;1.7 Any other product or service that may be launched via the BitToro Platform or accessed through your BitToro Account.2. All or part of the BitToro Wallet Services, some features thereof, or some Digital Assets, may not be available to certain Clients or Digital Assets, to the extent applicable, at any time, as indicated in the BitToro Account and on the BitToro Platform.3.The access to your BitToro Account will allow you to:3.1 Request a BitToro Wallet Service;3.2 View your balance and Transaction History;3.3 Top up, withdraw and transfer Digital Assets, for which such options are available on the BitToro Platform and in the BitToro Account, and subject to revision from time to time at our sole and absolute discretion;3.4 Perform other actions in relation to the above.
V. TOPPING-UP OF DIGITAL ASSETS1. You can top up Digital Assets into your BitToro Account at any time by effecting a Digital Assets transfer from your personal wallet to your Digital Asset Wallet, while specific requirements for a minimum amount of each Digital Asset may apply from time to time, as indicated оn the BitToro Platform. You can subsequently use the Digital Assets in your BitToro Account for earning Interest thereon in accordance with the BitToro Earn Interest Product or for securing your BitToro Crypto Credit, as well as for any other BitToro Wallet Service in accordance with these General Terms and the specific terms and conditions of the relevant BitToro Wallet Service, if any.2. You are responsible for making sure that:2.1 You have the correct address for your Digital Asset Wallet when you transfer Digital Assets from your personal wallet;2.2 The Digital Assets you top up into your Digital Asset Wallet are currently approved and supported by BitToro and not subject to prohibitions or limitations regarding such topping-up, as indicated in the BitToro Account and on the BitToro Platform. If you transfer Digital Assets to an incorrect address, or if the Digital Assets transferred are not approved and supported by BitToro, or are subject to prohibitions or limitations regarding such topping-up, as indicated in the BitToro Account and on the BitToro Platform, your Digital Assets will be irreversibly lost. We will not be liable to you for any such loss.3. A transfer to your Digital Asset Wallet is confirmed once the balance of your Digital Asset Wallet has been updated with the corresponding amount.4. We reserve the right to reject any transfer to your Digital Asset Wallet, in which case we will transfer back the same amount of the relevant Digital Asset to the wallet from which it has been sent.5. If you do not have the Digital Assets needed for your purpose, or are subject to prohibitions or limitations to top up such, as indicated in the BitToro Account and on the BitToro Platform, you can initiate the purchase of Digital Assets by transferring their price:5.1 To a designated BitToro bank account via bank transfer;5.2 By a credit or debit card, and instruct BitToro to proceed with the relevant purchase transaction, and/or initiate an Exchange Transaction under the BitToro Exchange Service General Terms and Conditions, as the case may be, depending on the type of Digital Assets subject to topping-up. All fees and charges for the transactions under the preceding sentence, including such for bank transfers and/or card payments, if any, shall be at your expense, unless otherwise indicated on the BitToro Platform at a given time. Each bank transfer and card payment, as well as any relationship arising out thereof, is governed by the terms and conditions of the relevant third-party service provider. Once purchased, respectively exchanged, the relevant Digital Assets are topped up into the Digital Asset Wallet in your BitToro Account and can be used for the purposes under Art.5.3 In cases of a card payment under above, the purchase transaction is always followed by an Еxchange Тransaction, where only the proceeds of the latter, once both the purchase transaction and the Exchange Transaction have been executed, are topped up into the Digital Asset Wallet of your BitToro Account. The transactions are irreversible and final once you have provided the relevant instructions and/or payments to BitToro, and you may not change, withdraw or cancel the authorization to BitToro to complete any pending or partially completed transactions. BitToro shall not be liable for any partially completed transactions or delays in the processing of your instructions. We do not guarantee the availability of any exchange rate, except for the cases of USD which is 1-to-1 pegged to USD at all times. However, BitToro always devotes significant efforts to find and use the best exchange rate for the purpose of the above so that your interests can be fully protected.
VI. WITHDRAWAL1. Subject to the specific terms of the Bittoro Loan General Terms and Conditions or the BitToro Earn Interest Product General Terms and Conditions, if any, you may request for:1.1 Withdrawal of all or part of the Digital Assets other than those used as Collateral of a BitToro Loan to your personal wallet, together with the Interest accrued thereon, the latter as applicable to the BitToro Earn Interest Product only, as well as those to which certain prohibitions or limitations apply, as indicated in the BitToro Account and on the BitToro Platform;1.2 Withdrawal of the fiat equivalence of certain Digital Assets together with the Interest accrued thereon, as applicable to the BitToro Earn Interest Product, or the fiat equivalence of the Digital Assets, as applicable to the BitToro Loan, by instructing BitToro to sell the relevant Digital Assets and Interest, as the case may be and if applicable, and transfer the fiat proceeds of the sale transaction to a bank account designated by you.2. All fees and charges for the bank transfer under Art.6.1., if any, shall be at your expense. The sale transactions are irreversible and final once you have provided the relevant instructions to BitToro, and you cannot change, withdraw or cancel the authorization to BitToro to complete any pending or partially completed transactions. BitToro shall not be liable for any partially completed transactions or delays in the processing of your instructions. We do not guarantee the availability of any exchange rate, except for the cases of USDwhich is 1-to-1 pegged to USDat all times. However, BitToro always devotes significant efforts to find and use the best exchange rate for the purpose of the above so that your interests can be fully protected.3. The withdrawals within the limits specified on the BitToro Platform, which are subject to revision from time to time at our sole and absolute discretion, shall be processed by BitToro no later than 24 (twenty-four) hours as of receipt of your request. In case of withdrawals exceeding the above limits, in order to guarantee the safety of the Digital Assets and Interest, if applicable, in your BitToro Account, as well as of delays due to technical reasons, the processing may take a longer period of time. However, BitToro devotes significant efforts to ensure that any withdrawal falling within the hypotheses under the preceding sentence will be processed no later than 72 (seventy-two) hours as of your request.
VII. DIGITAL ASSETS TRANSFERS1. You may transfer any Digital Asset other than the one used as Collateral of a BitToro Loan, and the one regarding which prohibitions or limitations of Digital Asset Transfers apply, as indicated in the BitToro Account and on the BitToro Platform, from your Digital Asset Wallet to a specified wallet of a third party.2. We will process all Digital Asset Transfers according to your instructions and do not guarantee the identity of any recipient. You shall verify all transaction information prior to submitting instructions for a Digital Asset Transfer to BitToro. The Digital Asset Transfer cannot be cancelled or reversed once processed by BitToro. You acknowledge that you are responsible for ensuring the accuracy of any instructions submitted to BitToro and that any errors may result in the irreversible loss of your Digital Asset.3. You shall have sufficient Digital Assets in your Digital Asset Wallet prior to instructing BitToro to effect any Digital Asset Transfer. In case of insufficiency of the relevant Digital Assets in your Digital Asset Wallet, the Digital Asset Transfer will be rejected by BitToro. By instructing BitToro to effect the Digital Asset Transfer, you authorize BitToro to debit your Digital Asset Wallet for the full amount of the Digital Assets needed to complete the Digital Asset Transfer.4. We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or sell to or from a third party. We are not responsible for ensuring that a third-party buyer or a seller you transact with will complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from or sold to a third party, using Digital Assets transferred from your Digital Asset Wallet, or if you have a dispute with such a third party, you shall resolve the dispute directly with that third party.
VIII. RISK DISCLOSURE1. Digital Assets are more volatile relative to most fiat currencies and other assets and this unpredictability of their price may result in significant loss over a short period of time. We are not responsible for the Digital Assets market, and we make no representations or warranties concerning the real or perceived value of any Digital Assets, and the quality, suitability, truth, usefulness, accuracy, or completeness of any data provided by BitToro. You shall therefore carefully consider whether holding Digital Assets is suitable for you in light of your financial condition.2. Digital Assets are not money or legal tender, are not backed by the government or by a central bank and mostly do not have any underlying assets, revenue stream, or another source of value.3. The regulatory status of Digital Assets is currently unsettled, varies among jurisdictions and is subject to significant uncertainty. Legislative and regulatory changes or actions relating to the Digital Assets or blockchain technology at a state or international level may adversely affect or restrict, as applicable, the use, transfer, exchange and value of the Digital Assets, as well as the provision of the BitToro Wallet Services or any of them. The value of the Digital Assets may be derived from the continued willingness of market participants to exchange fiat currencies for Digital Assets, which may result in permanent and total loss of value of a particular Digital Asset should the market for it disappear.4. Also, some Digital Assets transactions are deemed to be made when recorded on a public ledger, which is not always the date or time that you initiated the transaction. Digital Assets ownership is often determined by a decentralized public ledger and usually cannot be cancelled or reversed.5. The nature of Digital Assets may lead to an increased risk of fraud or cyberattacks and any losses due to fraudulent or accidental transactions will likely not be recoverable.6. Keep in mind that we do not provide investment advice and the information coming from BitToro shall not be used as a basis for making decisions about investing in a particular Digital Asset.7. YOU ARE RESPONSIBLE FOR DETERMINING WHETHER THE USE OF ANY OF THE BITTORO WALLET SERVICES IS LEGAL IN YOUR JURISDICTION AND YOU SHALL NOT USE THESE BITTORO WALLET SERVICES SHOULD SUCH USE BE ILLEGAL IN YOUR JURISDICTION. IF YOU ARE UNCERTAIN, PLEASE SEEK INDEPENDENT LEGAL ADVICE.8. You understand and agree that you use the BitToro Account and the BitToro Wallet Services at your own risk. This section is not exhaustive and does not disclose all the risks associated with the Digital Assets and the use of the BitToro Wallet Services. You shall, therefore, carefully consider whether such use is suitable for you in light of your circumstances and financial resources.
IX. FORKS1. It is important that you understand that the underlying protocols of the Digital Assets’ networks are subject to sudden changes in operating rules, and third parties may, from time to time, create a copy of a Digital Asset's network and implement changes in the operating rules or other features that might result in multiple versions of the network and more than one version of the Digital Asset. This may affect the value and the function of the initial Digital Asset and we can temporarily suspend our services while we determine, at our sole and absolute discretion, which network to support.2. Such networks and Digital Assets are outside of our control and we can decide, at our sole and absolute discretion, to abandon or otherwise not support the initial or the copy of the Digital Asset. We may, at our sole and absolute discretion, obtain and retain the unsupported Digital Assets.
XI. BITTORO LOYALTY PROGRAM1. The BitToro Loyalty Program is applicable to all BitToro Wallet Services or part of them, as indicated on the BitToro Platform.2. The loyalty levels and any preferential terms based thereon, including but not limited to Interest, cashbacks, bonuses and other types of rewards, applicable from time to time, depend on the ratio of BITTORO Tokens in the relevant BitToro Account to the Portfolio Balance, and the type of BitToro Wallet Service used by the Client, respectively Digital Asset, and may be subject to other conditions BitToro finds appropriate, at its sole and absolute discretion, as indicated on the BitToro Platform.3. The loyalty level of the relevant Client, respectively the applicable Interest, are dynamically determined throughout each calendar day, while their final determination occurs up to the time of accrual of the Interest for each BitToro Wallet Service, as specified in the general terms and conditions of the latter.4. The participation in the BitToro Loyalty Program is non-transferable and cannot be sold, gifted or awarded to any person other than you.5. BitToro reserves its right to allow the use of additional features of the BitToro Wallet Services and/or grant preferential Interest or other terms, apart from the BitToro Loyalty Program, at any time, as part of marketing campaigns or otherwise, at its sole and absolute discretion, regardless of whether they are related to the availability of BITTORO Tokens in the Clients’ BitToro Accounts. Such can be applicable together with the BitToro Loyalty Program or on a separate basis.
XII. BITTORO REFERRAL PROGRAM1.The BitToro Referral Program is applicable to all Clients referring new Clients, who have not previously opened BitToro Accounts, to BitToro (“Referred Clients”), subject to the terms and conditions stipulated herein, governing the relevant BitToro Wallet Service (if and to the extent applicable), as well as on the BitToro Platform.2. The eligibility for participation in the BitToro Referral Program, the type, amount and manner of granting of incentives, the type of Digital Assets and/or the BitToro Wallet Service used or to be used by the relevant Client or Referred Client, the limits regarding the number of Referred Clients or the amount of incentives a Client may refer, respectively receive, (if any), are indicated on the BitToro Platform.3. The participation in the BitToro Referral Program is non-transferable and cannot be sold, gifted or awarded to any person other than you.4. BitToro reserves its right to amend or supplement the terms and conditions of the BitToro Referral Program, as indicated herein and on the BitToro Platform, at any time, at its sole and absolute discretion. Any such amendments or supplements shall become valid and in full force as of the date of their publishing on the BitToro Platform unless otherwise indicated.
XIII. BITTORO BOOSTER1. The BitToro Booster allows you to multiply your Portfolio Balance by either:1.1 multiplying any Digital Asset in your Portfolio Balance by requesting a Bittoro Loanunder the Bittoro LoanGeneral Terms and Conditions and a subsequent Exchange Transaction under the BitToro Exchange Service General Terms and Conditions, whereby both the proceeds of the Exchange Transaction, respectively the relevant Counter Asset, and the relevant part of the same type of Digital Asset available in the Client’s Savings Wallet prior to the execution of the Exchange Transaction will be automatically transferred from the Savings Wallet to the Credit Wallet of your BitToro Account to serve as Collateral of the Bittoro Loanin accordance with the required LTV;1.2 Selecting a Trading Pair and initiating an Exchange Transaction for the available amount of the Base Asset in your BitToro Account under the BitToro Exchange Service General Terms and Conditions, and requesting a Bittoro Loanunder the Bittoro LoanGeneral Terms and Conditions and a subsequent Exchange Transaction under the BitToro Exchange Service General Terms and Conditions, whereby the proceeds of both Exchange Transactions above, respectively the relevant Counter Assets, will be automatically transferred from the Savings Wallet to the Credit Wallet of your BitToro Account to serve as Collateral of the Bittoro Loanin accordance with the required LTV.2. BitToro will grant you the Bittoro Loanas part of the BitToro Booster in a stablecoin approved by BitToro and indicated on the BitToro Platform and in the BitToro Account, which is subject to revision from time to time, at BitToro sole and absolute discretion. This stablecoin will always serve as a Base Asset of the Exchange Transaction to be executed after the granting of the BitToro Crypto Credit.3. You understand and agree that BitToro may charge you fees for the use of the BitToro Booster, if and to the extent applicable, at an amount as indicated on the BitToro Platform and subject to revision from time to time, at our sole and absolute discretion.4. You may only use the BitToro Booster within the limits, for the Digital Assets and under the conditions, as indicated in these General Terms, the general terms and conditions of the relevant BitToro Wallet Service, on the BitToro Platform and in the BitToro Account, which are subject to revision from time to time at our sole and absolute discretion.5. Your request to use the BitToro Booster may be rejected:5.1 Due to network shortages and/or technical reasons;5.2 In case of significant price difference;5.3 In case there are not enough of the Digital Assets you wish to purchase on the exchanges.6. We may, at our sole and absolute discretion, reverse or adjust any executed Exchange Transaction as part of the BitToro Booster, in case of an error in the Exchange Price of the Digital Assets, which deviates from the prevailing market price and which has occurred as a result of a system or technical error detected by BitToro, regardless of the reason for such. Any reversal of an Exchange Transaction automatically leads to reversal of the related BitToro Crypto Credit. In case of reversal, the Counter Assets subject of the Exchange Transaction(s) and/or your initial Digital Assets (in cases of a BitToro Booster under Art.13.1 Will be withdrawn from the Credit Wallet of your BitToro Account, the Base Assets subject of the Exchange Transaction(s) and/or your initial Digital Assets (in cases of a BitToro Booster under Art.13.1 - re-topped up into the Savings Wallet of your BitToro Account (when not resulting from a BitToro Loan) or withdrawn therefrom (when resulting from a BitToro Loan), as the case may be. In case of adjustment, the amount of the Counter Assets subject of the Exchange Transaction(s) will be adjusted accordingly in the Credit Wallet of your BitToro Account.
XVI. LIMITATION OF LIABILITY1. АLL THE BITTORO WALLET SERVICES ARE PROVIDED ‘AS IS’ AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, EXCEPT AS EXPRESSLY PROVIDED IN THESE GENERAL TERMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW. BITTORO DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, MADE TO YOU, YOUR AFFILIATES OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE OF ANY SERVICE OR ANY GOODS PROVIDED INCIDENTAL TO THE BITTORO WALLET SERVICES UNDER THESE GENERAL TERMS.BITTORO LIABILITY IN RESPECT OF THE REPRESENTATIONS AND WARRANTIES, WHICH CANNOT BE EXCLUDED, IS LIMITED TO ANY OF THE FOLLOWING OPTIONS CHOSEN BY BITTORO, AT OUR SOLE AND ABSOLUTE DISCRETION:1.1 RE-SUPPLYING, REPLACING OR REPAIRING THE BITTORO WALLET SERVICES IN RESPECT OF WHICH THE BREACH OCCURRED;1.2 PAYING THE COST OF THE RE-SUPPLYING, REPLACEMENT OR REPAIRING OF THE BITTORO WALLET SERVICES IN RESPECT OF WHICH THE BREACH OCCURRED.2. NOTWITHSTANDING ANY PROVISIONS IN THESE GENERAL TERMS, IN NO EVENT SHALL WE OR ANY OF OUR REPRESENTATIVES OR PARTNERS BE LIABLE TO YOU FOR ANY LOSSES, DAMAGES OR CLAIMS:2.1 DUE TO AN UNUSUAL OR UNFORESEEABLE EVENT OUTSIDE OUR REASONABLE CONTROL, THE CONSEQUENCES OF WHICH COULD NOT HAVE BEEN AVOIDED EVEN IF ALL DUE CARE HAD BEEN EXERCISED (E.G. FORCE MAJEURE, INCLUDING ACTS OF GOD, WAR OR CIVIL UNREST, DISASTERS, ACTS OF DOMESTIC OR FOREIGN COURTS AND GOVERNMENTAL AUTHORITIES, STRIKES, LOCKOUTS, LABOUR DISPUTES, TERRORIST ACTS, RIOTS);2.2 ARISING FROM OR IN CONNECTION WITH:2.2.1 ANY DELAY, SUSPENSION, DISCONTINUATION, INTERRUPTION OF THE BITTORO PLATFORM OR THE BITTORO WALLET SERVICES;2.2.2 FAILURE OR INTERRUPTION IN PUBLIC OR PRIVATE TELECOMMUNICATION NETWORKS, COMMUNICATION CHANNELS OR INFORMATION SYSTEMS;2.2.3 ACTS OR OMISSIONS OF ACTS OF A PARTY FOR WHOM WE ARE NOT RESPONSIBLE;2.2.4 DELAY, FAILURE OR INTERRUPTION IN, OR UNAVAILABILITY OF, THIRD-PARTY SERVICES;2.2.5 ANY REFUSAL TO PROCESS OR AUTHORIZE, OR ANY REVERSAL OF, ANY TRANSACTION FOR ANY REASON;2.2.6 YOUR INABILITY TO EFFECT OR COMPLETE ANY TRANSACTION DUE TO SYSTEM MAINTENANCE, BREAKDOWN OR NON-AVAILABILITY OF THE BITTORO PLATFORM OR THE BITTORO WALLET SERVICES;2.2.7 ANY UNAUTHORIZED OR INELIGIBLE USE OF THE BITTORO WALLET SERVICES CONTRARY TO THESE GENERAL TERMS;2.3 DUE TO COMPLIANCE WITH ANY APPLICABLE LAW, COURT ORDERS OR ACTS OF ANY GOVERNMENTAL AUTHORITY;2.4 RESULTING FROM HACKING, TAMPERING, COMPUTER VIRUS TRANSMISSION OR OTHER UNAUTHORIZED ACCESS OR USE OF THE RELEVANT BITTORO WALLET SERVICE, YOUR BITTORO ACCOUNT OR ANY INFORMATION CONTAINED THEREIN.3. NOTWITHSTANDING ANY PROVISIONS IN THESE GENERAL TERMS, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY TYPE OF INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICE OR EQUIPMENT, REGARDLESS OF WHETHER SUCH DAMAGES BEING DIRECT OR INDIRECT, FORESEEABLE OR UNFORESEEABLE, OR EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ARISING UNDER THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.4.IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH THE BITTORO WALLET SERVICES AND THESE GENERAL TERMS EXCEED THE FEES YOU PAID TO BITTORO FOR YOUR USE OF THE RELEVANT BITTORO WALLET SERVICE DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT, GIVING RISE TO THE CLAIM FOR LIABILITY, IF ANY. THE ABOVE SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE RELEVANT APPLICABLE LAW.5.WE SHALL NOT BE LIABLE FOR ANY FAULT ON THE PART OF ANY THIRD-PARTY SERVICE PROVIDER INSTRUCTED BY US. IN ANY SUCH CASES OUR LIABILITY WILL BE LIMITED TO USING REASONABLE CARE IN THE SELECTION, APPOINTMENT AND INSTRUCTION OF SUCH THIRD-PARTY SERVICE PROVIDERS (BUT NOT OF ANY SUB-CONTRACTOR OR OTHER THIRD PARTY SUCH A THIRD-PARTY SERVICE PROVIDER MAY USE).6. NOTHING IN THESE GENERAL TERMS SHALL OPERATE TO LIMIT OR EXCLUDE ANY LIABILITY FOR FRAUD OR GROSS NEGLIGENCE.
XVII. DEFAULT. INDEMNIFICATION1.The occurrence of one of the following events constitutes an Event of Default:a) The Client breaches any of the Client’s obligations or warranties under these General Terms;b) It is or becomes illegal for the Client to perform the Client’s obligations under this Agreement;c) BitToro is unable to contact the Client in accordance with the Client’s most recent instructions for sending correspondence.2. In case of an Event of Default, BitToro is entitled:a) To terminate this Agreement with immediate effect;b) To take any action it deems necessary to protect its interests.3. You shall defend, indemnify, and hold harmless BitToro, its affiliates, third-party service providers, each of their respective employees, officers, directors and representatives from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable attorney’s fees), arising out of or relating to any third-party claim concerning these General Terms or your use of the BitToro Wallet Services in violation to these General Terms or any Applicable Law.
XVIII. TERMINATION1.This Agreement shall be terminated immediately by closing your BitToro Account, on the grounds of Art. 17.2, Letter or otherwise, and discontinuing use of the BitToro Wallet Services. The Agreement can be terminated upon written notice by BitToro if BitToro discontinues the offering of the BitToro Wallet Services, regardless of the reasons.2. In the event that your suspended or closed BitToro Account has an outstanding balance, you are entitled to recover the relevant Digital Assets, together with the Interest accrued thereon, if applicable, respectively the fiat equivalence of the latter, unless we are prohibited by any Applicable Law or a court order to release such Digital Assets and Interest, if applicable, including but not limited to the case that we have reasonable grounds to suspect that the Digital Assets or the funds used for purchase of the Digital Assets were obtained through fraud or any unlawful means or connected with any criminal activities.3.The termination of this Agreement shall not prevent any Party from seeking any remedies against the other Party for any breach of this Agreement occurring prior to such termination.
XIX. NOTICES. ELECTRONIC COMMUNICATIONS1. Any notice required or made under these General Terms from BitToro to the Client shall be considered validly received when addressed to the Client’s last used e-mail address, mailing address or phone number. Additionally, we may provide notices through posting on the BitToro Platform.2.Any notice required or made under these General Terms by the Client to BitToro shall only be made via e-mail in English to firstname.lastname@example.org.Your feedback, questions or complaints may be referred to BitToro via e-mail in English to email@example.com , or through other communication channels indicated by BitToro from time to time on the BitToro Platform. We will do our best to respond as soon as possible. However, for more complicated issues, it may take BitToro up to 20 (twenty) days to get back to you. We will not be responsible for any loss or damage sustained during this period.4. You shall be fully responsible for the security and authenticity of all instructions sent through the BitToro Platform and you shall be bound by all such instructions. We will assume that all the instructions received from your BitToro Account are coming from you and we shall not be obliged to verify this.5. You accept the risk that your instructions and information may not be protected against unauthorized access when given through the BitToro Platform, as being transmitted via the Internet.6. Any instructions sent to BitToro shall only be deemed received by BitToro when we have successfully retrieved them from the relevant system and duly informed you of the receipt. Any instructions sent by you to any third parties will only be deemed received by them in accordance with their terms and conditions.7. You agree that, to the extent there are any terms in your local jurisdiction governing the time and place of dispatch and receipt of electronic communications, such terms will not apply to your use of the BitToro Platform and the BitToro Wallet Services (subject to the maximum extent permitted under Applicable Law), and you will be liable for any damages caused through the use of connectivity means.8. You acknowledge and agree that in the event of any dispute arising in connection with your use of the BitToro Platform and the BitToro Wallet Services, our records of all matters related to your use of the BitToro Platform and the BitToro Wallet Services on any specific date will be binding on you for all claims and purposes whatsoever. Additionally, you agree to the admissibility of all such records and documents without further requirement of proof of authenticity or accuracy in a court of law or similar institution under any Applicable Law.
XX. GOVERNING LAW AND JURISDICTION1. The Agreement shall be governed exclusively by the substantive law of England and Wales.2. Any dispute arising out of or in connection with the Agreement (the General Terms), unless amicably settled between the Parties, shall be referred to the competent court in London, England, determined as per the procedural law of England and Wales. You agree that any dispute resolution proceeding subject to the Applicable Law under the preceding sentence shall be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated or representative action or proceeding. No court or other dispute resolution authority can consolidate or join more than one claim and can otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded cannot affect other Clients of BitToro.