Bittoro Earn Interest Product General Terms and ConditionsPlease note that the Bittoro Earn Interest Product General Terms and Conditions below shall govern your relations with Bittoro only to the extent and subject to the limitations and restrictions set forth therein.
I. INTRODUCTIONThese Bittoro Earn Interest Product 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 Bittoro Earn Interest Product, and constitute a legally binding agreement (“Agreement”) between the Parties.
II. DEFINITIONSUnless stated otherwise, references shall be made to the Bittoro Wallet Services General Terms and Conditions and the Bittoro Loan General Terms and Conditions, and all the defined terms, used in these General Terms, shall have the same meaning as the one given to them in the Bittoro Wallet Services General Terms and Conditions or the Bittoro Loan General Terms and Conditions, as the case may be.
III. CLIENTYou can enter into this Agreement and use the Bittoro Earn Interest Product only if all of the conditions below are met:You have opened a Bittoro Account, respectively have met the conditions under Art. 4.1, Items 1.1, 1.2, 1.4 - 1.8 of the Bittoro Wallet Services General Terms and Conditions; You have passed Identity Verification on the Bittoro Platform (applicable only to the Bittoro Earn Interest Product where Interest is earned in BITTORO Tokens).By entering into this Agreement, you acknowledge and confirm that you meet all the conditions set out above. In the event that we subsequently ascertain that you have not met or do not meet any of these conditions anymore, we may suspend the provision of the Bittoro Earn Interest Product and/or the related Bittoro Wallet Services to you and close your Bittoro Account, and do not allow you to use the Bittoro Earn Interest Product and/or the related Bittoro Wallet Services.At any time, at our sole and absolute discretion, without liability to you, we can:a) refuse your request to use the Bittoro Earn Interest Product;b) change the conditions for entering into the Agreement or use of the Bittoro Earn Interest Product;c) suspend the provision of the Bittoro Earn Interest Product or of all or part of the related Bittoro Wallet Services;d) change, update, remove, cancel, suspend, disable or discontinue any feature, component, content, incentive or referral plan of the Bittoro Earn Interest Product.
IV. SPECIFIC FEATURES OF THE BITTORO EARN INTEREST PRODUCTThe Bittoro Earn Interest Product allows you to earn Interest on certain Digital Assets topped up into the Savings Wallet of your Bittoro Account in accordance with Section V of the Bittoro Wallet Services General Terms and Conditions, or moved to the Credit Wallet of your Bittoro Account (applicable only to the BITTORO Tokens BTR). All such Digital Assets are indicated on the Bittoro Platform and in the Bittoro Account and are subject to revision from time to time, at our sole and absolute discretion. As a rule, Interest is earned on all Digital Assets falling within the above category unless used for other purposes on the Bittoro Platform.You are allowed to have multiple active Bittoro Earn Interest Products, running simultaneously. Interest will be accrued separately on each Bittoro Earn Interest Product.You may opt for a Bittoro Earn Interest Product for a flex term (“FLEX Term”) or for a fixed term (“Fixed Term”). The terms applicable to each of the above types of Bittoro Earn Interest Product, including but not limited to the Digital Assets on which Interest can be earned, the Interest and the duration of the Fixed Term, if any, are indicated on the Bittoro Platform and may be changed by Bittoro from time to time, at its sole and absolute discretion.If you opt for a Bittoro Earn Interest Product for a Fixed Term, you cannot terminate the Agreement in the relevant part thereof governing your use of this Bittoro Earn Interest Product prematurely or withdraw your Digital Assets before the expiry of the Fixed Term. However, in cases where the LTV of your Bittoro Loan reaches the relevant threshold, as indicated in the Bittoro Loan General Terms and Conditions and on the Bittoro Platform, and you have enabled the available options in your Bittoro Account, certain amount and type of Digital Assets and/or Interest, to which the relevant Bittoro Earn Interest Product(s) for a Fixed Term applies, may be automatically transferred from the Savings Wallet to the Credit Wallet of your Bittoro Account to serve as additional Collateral of Bittoro Loan, subject to the procedure described on the Bittoro Platform.The Bittoro Earn Interest Product for a Fixed Term may be automatically renewed, if you opt for this in your Bittoro Account, and each new Fixed Term will be governed by the terms applicable to the Bittoro Earn Interest Product for this specific Fixed Term on the date of renewal. You may, at any time during the Fixed Term, deactivate the automatic renewal and vice versa, while Bittoro will consider your choice on the date of expiry of each Fixed Term.
V. INTERESTThe Interest shall commence accruing on the Digital Assets at a certain rate, as of the expiry of 24 (twenty-four) hours of their topping up into the Savings Wallet of your Bittoro Account (“Start Time”), and may be earned in the same Digital Assets as the ones on which it is accrued or in BITTORO Tokens (applicable to Digital Assets different from BITTORO Tokens BTR), as per your choice on the Bittoro Platform. You may, at any time, switch from earning in-kind to earning in BITTORO Tokens(BTR), if applicable, and vice versa. The Interest shall be compound when earned in-kind and simple when earned in BITTORO Tokens(BTR).The Interest shall be subject to revision from time to time, at our sole and absolute discretion. As a rule, in case you opt for earning in BITTORO Tokens rather than earning in-kind, if applicable, higher Interest shall be accrued on your Digital Assets, consisting of the standard Interest applicable to the relevant Digital Assets and bonus Interest, as indicated on the Bittoro Platform. We will notify you of the new Interest on the Bittoro Platform. Unless indicated otherwise in the notification, the new Interest shall apply on the next calendar day following the said notification.The Interest shall be calculated on a daily basis, at a certain time on each calendar day, on the basis of the actual number of days elapsed in a 365-day year. When the Interest is accrued in BITTORO Tokens, if applicable, for the purpose of determining the amount of the latter, the USD equivalent of the in-kind Interest on the relevant Digital Assets up to the above time is converted into BITTORO Tokens (BTR).The Interest for the Bittoro Earn Interest Product for a FLEX Term shall be credited to your Bittoro Account at a certain time on each calendar day, but no earlier than the Start Time. The Interest for the Bittoro Earn Interest Product for a Fixed Term shall be credited to your Bittoro Account on the date of expiry of the relevant Fixed Term unless up to this date all the Digital Assets, to which the relevant Bittoro Earn Interest Product for a Fixed Term applies, have been automatically transferred to the Credit Wallet of your Bittoro Account to serve as additional Collateral in accordance with Art. 4.4. However, the Interest shall be visible in your Bittoro Account for the duration of the Fixed Term for your convenience only.The Interest, if any subject to Art. V.4, shall be accrued on the Digital Assets until the date of your request for withdrawal under Art. VI.2, in case of a Bittoro Earn Interest Product for a FLEX Term, or until the date of expiry of the relevant Fixed Term, in case of Bittoro Earn Interest Product for a Fixed Term. You will only receive the Interest that has been credited to your Bittoro Account up to the time of your request, respectively expiry of the relevant Fixed Term.Bittoro reserves its right to grant preferential Interest or other terms to certain Clients as part of marketing campaigns or otherwise, upon its sole and absolute discretion.
VI. TOPPING UP AND WITHDRAWAL OF DIGITAL ASSETSYou may top up Digital Assets into the Bittoro Account at any time in accordance with Section V of the Bittoro Wallet Services General Terms and Conditions, while the minimum amount of each Digital Asset required is indicated on the Bittoro Platform and subject to revision from time to time, at our sole and absolute discretion.You may request for withdrawal of the Digital Assets, together with the Interest accrued thereon, respectively the fiat equivalence of the Digital Assets and of the Interest accrued thereon, if any, in accordance with Art. 6.1 and 6.2 of the Bittoro Wallet Services General Terms and Conditions:a) At any time, when using a Bittoro Earn Interest Product for a FLEX Term;b) On the date of expiry of the relevant Fixed Term, when using a Bittoro Earn Interest Product for a Fixed Term, unless you have opted for automatic renewal. 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 within the terms under Art. 6.3 of the Bittoro Wallet Services General Terms and Conditions.
VIII. RISK DISCLOSUREDigital 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.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.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 Earn Interest Product, the related 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.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.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.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.YOU ARE RESPONSIBLE FOR DETERMINING WHETHER THE USE OF THE BITTORO EARN INTEREST PRODUCT IS LEGAL IN YOUR JURISDICTION AND YOU SHALL NOT USE IT SHOULD SUCH USE BE ILLEGAL IN YOUR JURISDICTION. IF YOU ARE UNCERTAIN, PLEASE SEEK INDEPENDENT LEGAL ADVICE.We may be forced to suspend, discontinue, or change aspects of the Bittoro Earn Interest Product or any of the related Bittoro Wallet Services in any jurisdiction, without notice, if demanded by the regulators or Applicable Law, or for whatever other reason. In such case the Digital Assets in your Bittoro Account may be frozen for an indefinite period of time until the matter is resolved.You understand and agree that you use the Bittoro Account and the Bittoro Earn Interest Product 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 Earn Interest Product and any of the related Bittoro Wallet Services. You shall, therefore, carefully consider whether such use is suitable for you in light of your circumstances and financial resources.IX. LIMITATION OF LIABILITYTHE BITTORO EARN INTEREST PRODUCT IS 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 EARN INTEREST PRODUCT 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:RE-SUPPLYING, REPLACING OR REPAIRING THE BITTORO EARN INTEREST PRODUCT IN RESPECT OF WHICH THE BREACH OCCURRED; ORPAYING THE COST OF THE RE-SUPPLYING, REPLACEMENT OR REPAIRING OF THE BITTORO EARN INTEREST PRODUCT IN RESPECT OF WHICH THE BREACH OCCURRED.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: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);ARISING FROM OR IN CONNECTION WITH:ANY DELAY, SUSPENSION, DISCONTINUATION, INTERRUPTION OF THE BITTORO PLATFORM OR THE BITTORO EARN INTEREST PRODUCT;FAILURE OR INTERRUPTION IN PUBLIC OR PRIVATE TELECOMMUNICATION NETWORKS, COMMUNICATION CHANNELS OR INFORMATION SYSTEMS;ACTS OR OMISSIONS OF ACTS OF A PARTY FOR WHOM WE ARE NOT RESPONSIBLE;DELAY, FAILURE OR INTERRUPTION IN, OR UNAVAILABILITY OF, THIRD-PARTY SERVICES;ANY REFUSAL TO PROCESS OR AUTHORIZE, OR ANY REVERSAL OF, ANY TRANSACTION FOR ANY REASON;YOUR INABILITY TO EFFECT OR COMPLETE ANY TRANSACTION DUE TO SYSTEM MAINTENANCE, BREAKDOWN OR NON-AVAILABILITY OF THE BITTORO PLATFORM OR THE BITTORO EARN INTEREST PRODUCT;ANY UNAUTHORIZED OR INELIGIBLE USE OF THE BITTORO EARN INTEREST PRODUCT CONTRARY TO THESE GENERAL TERMS;DUE TO COMPLIANCE WITH ANY APPLICABLE LAW, COURT ORDERS OR ACTS OF ANY GOVERNMENTAL AUTHORITY;RESULTING FROM HACKING, TAMPERING, COMPUTER VIRUS TRANSMISSION OR OTHER UNAUTHORIZED ACCESS OR USE OF THE BITTORO EARN INTEREST PRODUCT, YOUR BITTORO ACCOUNT OR ANY INFORMATION CONTAINED THEREIN.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.IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH THE BITTORO EARN INTEREST PRODUCT AND THESE GENERAL TERMS EXCEED THE FEES YOU PAID TO BITTORO FOR YOUR USE OF THE BITTORO EARN INTEREST PRODUCT 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.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).NOTHING IN THESE GENERAL TERMS SHALL OPERATE TO LIMIT OR EXCLUDE ANY LIABILITY FOR FRAUD OR GROSS NEGLIGENCE.
X. DEFAULT. INDEMNIFICATIONThe 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.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.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 Earn Interest Product in violation to these General Terms or any Applicable Law.
XI. TERMINATIONThis Agreement shall be terminated immediately by closing of your Bittoro Account, on the grounds of Art. 10.2, Letter a) or otherwise, and discontinuing use of the Bittoro Earn Interest Product. The Agreement can be terminated upon written notice by Bittoro if Bittoro discontinues the offering of the Bittoro Earn Interest Product, regardless of the reasons. In all cases of termination under this Art. 11.1, you are not entitled to receive any Interest in regard to the Bittoro Earn Interest Products for a Fixed Term, when the relevant Fixed Term has not expired up to the termination date, and such Interest will not be credited to your Bittoro Account.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 any, respectively the fiat equivalence of the latter, unless we are prohibited by any Applicable Law or a court order to release them, 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.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.
XII. NOTICESAny 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.Any notice required or made under these General Terms by the Client to Bittoro shall only be made via e-mail in English to email@example.com.
XIII. GOVERNING LAW AND JURISDICTIONThe Agreement shall be governed exclusively by the substantive law of England and Wales.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.