Terms of Service

Common Provisions

These Terms of Use contain an electronic agreement between you (hereinafter the “User”) and BitOnEx OÜ, a company registered in the Republic of Estonia, (hereinafter the “BitOnEx OÜ”) regulating the terms and conditions of the User's use of this website and all services, products, and content provided by BitOnEx OÜ.

These Terms of Use contain important provisions, which the User must consider carefully and understand when choosing whether to visit the Site and use the services, products, and content of BitOnEx OÜ. Please read these Terms of Use carefully before agreeing to them.

References in these Terms of Use to 'BitOnEx OÜ', 'we', 'our' or 'us', are to the company BitOnEx OÜ, including but not limited to, its employees, directors, officers, agents or other related parties, third parties, whose content is offered on this website and/or in BitOnEx OÜ Software, epending on the context, and references to “User”, 'you' or 'your' are to the person with whom BitOnEx OÜ enters into the electronic agreement unless otherwise provided herein.

The User is solely responsible for understanding and complying with any and all laws, rules, and regulations of his/her specific jurisdiction that may be applicable to the User in connection with the use of any and all services, products, and content of BitOnEx OÜ.

By signing up to use an account through BitOnEx OÜ or any of our associated websites, APIs, or mobile applications(collectively the 'BitOnEx OÜ Software') and/or by using BitOnEx OÜ Software, you agree that you have read, understood, and accept all of the terms and conditions contained in these Terms of Use, as well as our Privacy Policy and our anti-money laundering policies and procedures. The User has to read and to understand the entire Terms of Use carefully before each using the Site and/or any of the Services provided by BitOnEx OÜ.

IF THE USER DOES NOT ACCEPT AND/OR UNDERSTANDS THESE TERMS OF USE, THE USER SHALL NOT ACCESS THIS SITE AND SHALL NOT USE ANY OF BitOnEx OÜ SOFTWARE, SERVICES, PRODUCTS, AND CONTENT.

You should be aware that the risk of loss in trading or holding Digital Currencies can be high. Digital currency services are not currently regulated in most countries (by financial authorities or any other regulator). You should therefore carefully consider whether trading or holding Digital Currencies is suitable for you in light of your financial condition and possible risks.

Definitions

Terms used in these Terms of Use shall be interpreted in accordance with the definitions provided below:

  • Account: means an account registered by the User on the Platform and/or on the BitOnEx OÜ Software.
  • "Base Currency" means the currency pair's first currency.
  • Buyer: This means the User who makes an Order to buy Cryptocurrencies through the Platform (BitOnEx OÜ Software) and/or the User whose Order is accepted by the Seller depending on the context.
  • Commission: means a fee charged by or on behalf of any third party (e.g. bank, non-bank financial institution, payment service provider, etc).
  • Cryptocurrency: means a peer-to-peer decentralized digital representation of value (bitcoins, ethers, etc.).
  • Deposit: means a Transaction involving the transfer of Funds to the Account.
  • External Wallet: means a Cryptocurrency or Fiat wallet that is not part of the BitOnEx OÜ platform (BitOnEx OÜ software) but which can be indicated on the BitOnEx OÜ platform (BitOnEx OÜ software).
  • Fiat currency: means government-issued currency, which is regulated in its country of issuance through government regulation or the law.
  • Fiat currency storage service: means BitOnEx OÜ, which includes storing balances in Fiat currency on External Wallets of Users serving by the Holder.
  • Order: means the User's offer on the BitOnEx OÜ platform (BitOnEx OÜ Software) to buy or sell Cryptocurrency on certain conditions.
  • Platform: means an appropriate environment (including software) created by BitOnEx OÜ that allows to trade Cryptocurrencies.
  • Closing a position: Closing a position means either buying or selling of Cryptocurrency, which essentially results in a reduction of the client's open position. Closing a position means bringing a transaction to an end, incurring any related profits or losses as a result.
  • Seller: This means the User who submits an Order to sell Cryptocurrencies through the Platform (BitOnEx OÜ Software) and/or the User whose Order is accepted by the Buyer depending on the context.
  • Services: means all and any service provided by BitOnEx OÜ.
  • Website or Site: means BitOnEx OÜ website at https://www.testamex.com
  • Storage service: means BitOnEx OÜ, which includes storing balances (in Fiat currency and/or in Cryptocurrency) from the abandoned Accounts, no longer supported cryptocurrencies.
  • Transaction fee: means a fee that is payable to BitOnEx OÜ for each completed Transaction.
  • Transaction Price: means the total price paid by the User with respect to each Transaction performed via the Platform (BitOnEx OÜ Software).
  • Transaction: means (i) transfer of Cryptocurrencies or Fiat currencies by the User to his/her Account ("Deposit Transaction"), including transfer of Fiat currencies to External Wallet that is not part of the BitOnEx OÜ platform (BitOnEx OÜ Software) but which is indicated on the BitOnEx OÜ platform (BitOnEx OÜ software); (ii) transfer of Cryptocurrencies, or Fiat currencies among the Users ("Trading Transaction"), including transfer of Fiat currencies to External Wallet that is not part of the BitOnEx OÜ platform (BitOnEx OÜ Software) but which is indicated on the BitOnEx OÜ platform (BitOnEx OÜ software), (iii) withdrawal of Cryptocurrencies or Fiat currencies from his/her Account ("Withdrawal Transaction").
  • User: means a person or an entity that uses the Services, agrees to follow the Terms of Use, and is a holder of an Account.
  • Voucher: means an alphanumeric redeemable code, which can be used to transfer Cryptocurrency or between Accounts.
  • Withdrawal: means a Transaction involving a transfer of funds from the User's Account to his/her bank account or to an account opened in any other institution.

Where the context so admits words denoting the singular shall include the plural and vice versa.

Our Services

The Services allow all Users of the Platform (with limitations mentioned in these Terms of Use) to trade Cryptocurrencies with other Users.

Depending on the User’s place of residence (and/or other legal facts), the User may not be able to use all the functions of the Site. It is the User’s responsibility to follow those rules and laws in his/her place of residence and/or place from which the User accesses this Site. The User must understand that the technical possibility to use the appropriate Services on the Platform (BitOnEx OÜ Software) doesn’t mean that such use is legal for him/her. The User is solely responsible for understanding and complying with any and all laws, rules, and regulations of his/her specific jurisdiction that may be applicable to the User in connection with the use of any and all services, products, and content of BitOnEx OÜ.

The User acknowledges and agrees that, when completing Trading Transactions, he/she is trading with other Users, and that BitOnEx OÜ acts only as a provider of technical services (the Platform and/or BitOnEx OÜ Software) in such Transactions, not as the counterparty to any trade.

Crypto-to-crypto Trading

Upon completion of the registration and identity verification for your BitOnEx OÜ Account, you may conduct Crypto-to-crypto Trading on BitOnEx OÜ in accordance with the provisions of these Terms and BitOnEx OÜ Platform Rules.

Orders

a. Upon sending an instruction of using BitOnEx OÜ Services for Crypto-to-crypto Trading (an “Order”), your account will be immediately updated to reflect the open Orders, and your Orders will be included in BitOnEx’s order book to match other users’ Orders. If one of your Orders fully or partially matches another user’s Order, BitOnEx OÜ will execute an exchange (a “Transaction”). Once the Transaction is executed, your account will be updated to reflect that the Order has been fully executed and closed, or the Order has been partially executed. The Order will remain incomplete until it is fully executed or canceled under paragraph (b) below. To conclude a Transaction, you authorize BitOnEx OÜ to temporarily control the Digital Currencies involved in your Transaction

Cancellation

b. For Orders initiated through BitOnEx OÜ Services, you may only cancel them before they have been matched with other Users’ Orders. Once your Order has been matched with another user’s Order, you may not change, revoke or cancel BitOnEx OÜ’s authorization to complete the Order. For any partially matched Order, you may cancel the unmatched part of the Order unless such a portion has been matched. BitOnEx OÜ reserves the right to reject any cancellation request related to the Order you have submitted. If your account does not have sufficient amount of Digital Currencies to execute an Order, BitOnEx OÜ may cancel the entire Order, or execute part of the Order with the amount of Digital Currencies you have in your account (in each case, any Transaction related fees payable to BitOnEx OÜ are deducted as stated in paragraph (c) below).

Fees

c. You agree to pay BitOnEx OÜ the fees specified in our trading fee table. BitOnEx OÜ may, in its discretion, update the fees at any time. Any updated fees will apply to any sales or other Transactions that occur following the effective date of the updated fees. You authorize BitOnEx OÜ to deduct from your account any applicable fees that you owe under these Terms.

Other types of crypto-to-crypto trading

d. In addition to the Crypto-to-crypto Trading that allows users to directly place orders as mentioned in paragraph (a) above, BitOnEx OÜ may, in its discretion, provide technical and platform services for other types of Crypto-to-crypto Trading under its separately formulated BitOnEx OÜ Platform Rules, such as One Cancels the Other (OCO) and block trade.

Fiat Trading

Prior to conducting Fiat Trading, you must separate User Agreements with the various BitOnEx OÜ partnered OTC platforms, and comply with the Legal Statement, Privacy Policy,P2P User Transaction Policy and other specific BitOnEx OÜ Platform Rules related to Fiat Trading as well as the business rules of such partners, and open an account on such BitOnEx OÜ OTC platforms, following the completion of the registration and identity verification for your BitOnEx OÜ Account.

Futures Trading

Unless otherwise specified by BitOnEx OÜ, to conduct Futures Trading, you must conclude with BitOnEx OÜ a separate BitOnEx OÜ Futures Service Agreement and open a special Collateral Account, following the completion of registration and identity verification for your BitOnEx OÜ Account. You acknowledge and agree that:

  • You fully understand the high risks of Futures Trading, including but not limited to the risk of major fluctuations of Digital Assets in Futures Trading, and the risk of exacerbated adverse outcome when leverage is used;
  • You have sufficient investment knowledge and experience and the capacity to take risks arising from Futures Trading, and agree to independently assume all the risks arising from the investment of Futures Trading;
  • Before performing Futures Trading, you have read and understood all the contents of the BitOnEx OÜ Futures Service Agreement and the relevant BitOnEx OÜ Platform Rules, and have consulted relevant professionals to make informed decisions on whether and how to complete Futures Trading according to their recommendations and your own reasonable judgment;
  • You agree and authorize BitOnEx OÜ to take various reasonable measures in its discretion (including but not limited to forced liquidation and forced position reduction under specific circumstances) in accordance with the BitOnEx OÜ Futures Service Agreement and the relevant BitOnEx OÜ Platform Rules to protect the legitimate interests of you, BitOnEx OÜ and other Users.

Margins Trading

Unless otherwise specified by BitOnEx OÜ, prior to conducting Margins Trading, you must open a special Collateral Account and/or complete other related procedures, following the completion of registration and identity verification for your BitOnEx OÜ Account.

Risks of Margin Trading

Margins Trading is highly risky. As a leveraged trader, you acknowledge and agree that you access and use Margins Trading and borrowing services at your own risk, which include but are not limited to:

1) The liquidity, market depth and dynamics of the trading market fluctuate violently and change rapidly. The use of leverage may work to your advantage or disadvantage, which may result in major gains or losses as the case may be.

2) You are not eligible to receive forked currencies split from any blockchain assets in your Collateral Account, even if you have not engaged in any Margins Trading or borrowing at all.

3) Loans carry risk, and the value of your blockchain assets may decline. If the value of your assets drops to a certain level, you are responsible for dealing with these market circumstances.

4) In some market situations, you may find it difficult or impossible to liquidate a position. This may occur, for example, as a result of insufficient market liquidity or technical issues on BitOnEx OÜ

5) Placing contingent Orders does not necessarily limit your losses to the expected amount, as market conditions may prevent you from executing such orders.

6) Margins Trading does not have guaranteed measures against losses. As a borrower, you may suffer losses that exceed the amount you deposited into your Collateral Account.

To start Margins Trading:

1) You represent and warrant that you are neither from the U.S. nor on any list of trade embargoes or economic sanctions, such as the Specially Designated National by OFAC (The Office of Foreign Assets Control of the U.S. Department of the Treasury).

2) You should fully understand the risks associated with Margins Trading and Lending, and be fully responsible for any trading and non-trading activities under your BitOnEx OÜ Account and Collateral Account. You should not engage in Transactions or invest in funds that are beyond your financial capacities;

3) You are fully responsible for knowing the true status of any position, even if BitOnEx OÜ may present it incorrectly at any time;

4) You agree to keep enough Digital Assets in your Collateral Account, as required by BitOnEx OÜ for Users’ engagement in Margins Trading, and promptly repay your loan in full. Failure to keep enough assets or to timely repay the outstanding loan may result in forced liquidation of the assets in your Collateral Account;

5) Even if with the ability to forcefully liquidate any position, BitOnEx OÜ cannot guarantee to stop losses. If your assets are insufficient to repay the outstanding loan after the liquidation of your position, you are still liable for any further shortfall of assets;

6) BitOnEx OÜ may take measures, in its discretion and on your behalf, to reduce your potential losses, including but not limited to, transferring assets from your Collateral Account into your BitOnEx OÜ Account and/or vice versa;

7) During BitOnEx OÜ system maintenance, you agree to be fully responsible for managing your Collateral Account under risks, including but not limited to, closing positions and repaying your loan.

8) You agree to conduct all Transactions, Margins Trading and/or borrowing on your own, and be fully responsible for your activities. BitOnEx OÜ assumes no liability for any loss or damage caused by your use of any BitOnEx OÜ services or your unawareness of the risks associated with the use of Digital Assets or with your use of BitOnEx OÜ Services.

Lending Services

Unless otherwise provided by BitOnEx OÜ, to borrow currencies, you must conclude with BitOnEx OÜ a separate Lending Services User Agreement and open a special Collateral Account and/or finish other relevant procedures, following the completion of registration and identity verification for your BitOnEx OÜ Account. You understand and agree that:

  • There are considerable risks involved in Lending Services, which include without limitation the risks of fluctuation of the borrowed Digital Assets’ value, derivative risks and technical risks. You shall carefully consider and exercise clear judgment to evaluate your financial situation and the aforesaid risks to make any decision on using Lending Services, and you shall be responsible for all losses arising therefrom;
  • you shall cooperate to provide the information and materials related to identity verification and Lending Services as required by BitOnEx OÜ, and be solely responsible for taking necessary security measures to protect the security of your Collateral Account and personal information;
  • you shall carefully read relevant BitOnEx OÜ Platform Rules before using Lending Services, and be aware of, understand and observe the specific information and rules regarding the operations of Lending Services, and you undertake that the use of the assets borrowed shall conform to requirements of these Terms and related laws and regulations;
  • BitOnEx OÜ has the full right to manage your Collateral Account and collateral during the period in which Lending Services are offered, and reserves the right, under the circumstances specified in the Lending Services User Agreement or these Terms, to implement various risk control measures, which include but are not limited to forced liquidation. Such steps may cause major losses to you and you shall be solely responsible for the outcomes of such measures;
  • BitOnEx OÜ has the right to temporarily or permanently prohibit you from using Lending Services when it deems it necessary or reasonable, and to the maximum extent permitted by law, without liability of any kind to you.

Our Rights, Responsibilities, and Warranties

BitOnEx OÜ undertakes to provide the Services with the appropriate effort, due care, and in accordance with these Terms of Use. BitOnEx OÜ’s responsibility shall be limited to using reasonable technical efforts to ensure the receipt of the cryptocurrency transferred. When initiating cryptocurrency transactions to a user who is not the BitOnEx OÜ User, BitOnEx OÜ responsibility shall be further limited to ensuring the transfer of the necessary technical data to the cryptocurrency network.

To the extent permitted by law, BitOnEx OÜ is not responsible for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss unless the loss suffered is caused by a breach of the Terms of Use by BitOnEx OÜ.

BitOnEx OÜ has the right to suspend the User’s Account and block all and/or part of cryptocurrency contained therein in case of non-fulfillment or unduly fulfillment of the Terms of Use by the User.

BitOnEx OÜ is not responsible: - for the delay in the processing of payments made by the fault of any third parties, operators of such transactions. - for any malfunction, breakdown, delay or interruption of the Internet connection or any reason why our site is unavailable at any given time.

In the case of fraud, BitOnEx OÜ undertakes to report all the necessary information, including names, addresses, and all other requested information, to the relevant authorities dealing with fraud and breaches of the law. The Users recognize that their account may be frozen at any time at the request of any competent authority investigating a fraud or any other illegal activity.

Nothing in these terms excludes or limits the responsibility of BitOnEx OÜ for fraud, death or personal injury caused by their negligence, breach of the terms implied by operation of the law or any other liability which may not be limited or excluded by law

All buy and sell orders made on the Platform, will be managed in an anonymous manner so that Buyers and Sellers are not acquainted with each other. The Transaction Price is calculated on the basis of actual matched orders made by the Buyers and Sellers participating in the bidding process on the Platform combined with the applicable Transaction fees

BitOnEx OÜ represents and warrants that once the orders to buy or sell Cryptocurrencies match, such orders may not be canceled or reversed. It holds all Cryptocurrencies acquired by each User in his/her Account and on the respective User's behalf.

BitOnEx OÜ does not provide any financial, investment, or legal advice in connection with the Services provided by BitOnEx OÜ. BitOnEx OÜ may provide information on the price, range, volatility of Cryptocurrencies and events that have affected the price of Cryptocurrencies and/or links to trading ideas of third parties (persons), but it should not be considered as an investment or financial advice and should not be construed as such. Any decision to buy or sell Cryptocurrencies is the User’s decision and BitOnEx OÜ will not be liable for any loss suffered

Intellectual Property Rights

All content on this Site is the property of BitOnEx OÜ and is protected by copyright, patent, trademark, and any other applicable laws unless otherwise specified hereby

The trademarks, trade names, service marks, and logos of BitOnEx OÜ and others used on the Site (hereinafter the “Trademarks”) are the property of BitOnEx OÜ. The software, applications, text, images, graphics, data, prices, trades, charts, graphs, video, and audio materials used on this Site belong to BitOnEx OÜ. The Trademarks and other content on the Site may not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected, or distributed in any form or by any means, no matter manual or automated. The use of any content from the Site on any other site or a networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may violate copyright, patent, trademark, and any other applicable laws and could result in criminal or civil penalties.

Verification

Identification and verification procedures (also known as 'Know Your Customer' or 'KYC') are required for all the Transactions. If the User refuses to provide required documents and information under KYC, BitOnEx OÜ reserves the right to immediately terminate the Services provision to the User.

The User undertakes to provide BitOnEx OÜ with correct and relevant documents and personal information contained therein. In case the User provides counterfeit documents and false personal information, such behavior will be interpreted as a fraudulent activity

The User hereby authorizes BitOnEx OÜ to, directly or indirectly (through third parties), make any inquiries we consider necessary to check the relevance and accuracy of the information provided for verification purposes.

Account Maintenance

The Site is for the User’s personal and non-commercial use only. BitOnEx OÜ is vigilant in maintaining the security of the Site and the Service. By registering with BitOnEx OÜ, the User agrees to provide BitOnEx OÜ with actual (up to date), accurate and complete personal information as prompted by the registration process and to keep such information updated.

The User is allowed to register only one Account on the Platform. Thus, any additional Account may be suspended.

The User agrees that he/she will not use any Account other than their own or access the Account of any other User at any time, or assist others in obtaining unauthorized access.

BitOnEx OÜ reserves the right to recommend amount limits for the Account funding/withdrawal. BitOnEx OÜ could recommend daily, monthly, and per one-transaction amount limits but is not obliged to do it.

The User is responsible for maintaining the confidentiality of information on their Account, including, but not limited to their password, email, wallet address, wallet balance, and of all activities including Transactions made via their Account. If there is any suspicious activity related to the User’s Account, BitOnEx OÜ may request additional information from the User, including authenticating documents and freeze the Account for the review time. The User is obligated to comply with these security requests or accept termination of their Account.

Creation or use of the Accounts without obtaining prior permission from BitOnEx OÜ will result in the immediate suspension of all respective Accounts, as well as all pending buy/sell orders. Any attempt to do so or to assist others (Users or other third parties), or distribution of instructions, software or tools for that purpose will result in termination of such Users’ Accounts. Termination is not an exclusive remedy for such a violation and BitOnEx OÜ may decide to take further action against the User.

In case if it has been more than six (6) months since the User signed in with his/her Account or made the Funds deposit, BitOnEx OÜ has the right to qualify this Account as abandoned. In that case Storage fee will be applied to such an Account with ten (10) days prior email notification to the User. BitOnEx OÜ will charge the Storage fee set forth herein. Abandoned Accounts with zero balances may be deactivated.

Transactions

The Platform allows the User to submit the Orders to buy or sell Cryptocurrencies

The User recognizes that the Order should only be submitted after careful consideration and the User understands and accepts consequences of its execution. The User agrees that as soon as the Order is executed, such a transaction is irreversible and may not be canceled. Transactions will be executed instantly upon the matching of the Buyer's and the Seller's Orders without prior notice to the Seller and the Buyer and will be considered to have taken place at the execution date and time.

The User acknowledges and agrees that in case the destination tag is not specified, is incorrectly indicated(in particular XRP, XLM) or the reference number is incorrectly specified, the User may lose the deposit or at least the processing speed of such requests will be made with low priority.

Minimum and maximum order amounts vary for each trading pair and can be seen on the Trade Page when placing an Order.

The User acknowledges and agrees that Deposit and Withdrawal Transaction may be delayed due to some verifications and checks (performed by BitOnEx OÜ or appropriate third parties). Similarly, and due to the inherent nature of the cryptocurrency networks, the User acknowledges and agrees that depositing and withdrawing Cryptocurrencies into/from their Account may take some time.

Unverified users are not allowed to withdraw any Cryptocurrencies from their Account within 24 hours after the Account was created.

The User can use Vouchers to transfer Cryptocurrencies between the Accounts (if applicable on the Platform). The Voucher should be redeemed before its expiration date set by BitOnEx OÜ. BitOnEx OÜ shall not be liable and shall not accept any liability, obligation or responsibility whatsoever for any loss or damage arising from the User's use of the Vouchers purchased from any third parties or acquired in any other way. To avoid doubts, the User is solely responsible for ensuring that the Voucher they acquired is genuine and redeemable.

In case if the User discovers transaction activity, including but not limited to unknown deposits and withdrawals, on their Account that was not initiated by the User, the User shall immediately notify BitOnEx OÜ of this fact and follow the instructions sent by BitOnEx OÜ. Otherwise, BitOnEx OÜ reserves the right to freeze the Account until the end of the investigation.

BitOnEx OÜ may be forced to cancel or recall already executed Withdrawal Transactions at a request of financial institutions, including but not limited to banks, which are involved in settlement of such Transactions. In such cases, the User obliges to cooperate with BitOnEx OÜ in order to discover the reasons for such request

BitOnEx OÜ reserves the right to set the minimal and/or maximal deposit amount for Cryptocurrencies held by the User on the Platform. If the amount is less and/or higher than specified, the funds will not be credited to the User's Account.

Transaction and Storage Fee

The User agrees to pay BitOnEx OÜ the Transaction fee for each completed Transaction.

Prior to trading, the User must consider the Transaction fee rates published on the Fee Schedule page. However, BitOnEx OÜ reserves the right to change the Transaction fee rates from time to time publishing updates on the Fee Schedule page.

The Transaction fee amount is automatically charged off in the currency indicated on the Platform after the relevant Transaction.

The minimal transaction fee equals a minimal currency amount. The Transaction fee is charged with rounding in favor of the Platform. The rounding policy for cryptocurrencies varies depending on cryptocurrency.

For the purpose of the processes optimization, transactions on the Platform with regard to some items (including, but not limited to currencies, cryptocurrencies, etc.) may not be indicated at the User’s Account and will appear as soon as a unit is whole in accordance with the rounding standards.

Minimal and maximal price, as well as minimal and maximal order amount, vary for each trading pair and can be seen on the Trade Page when placing an order.

For specific types of orders, the Transaction fee may differ from those published on the 'Fee Schedule' page. The transaction fee rate shall be disclosed before the order execution.

The Transaction fee, other charges, as well as the charging procedure can be changed/reviewed unilaterally by BitOnEx OÜ from time to time and such changes shall become effective the moment they are posted on the Site

The Storage fee may be charged by BitOnEx OÜ for storing any cryptocurrency until assets are claimed back by the User or the Account goes to a zero balance. The Storage fee (if applicable) is set in the Fee Schedule page. The Storage fee is charged on a daily basis. BitOnEx OÜ has the right to change the Storage fee unilaterally.

Illegal Transactions

BitOnEx OÜ reserves the right to suspend or terminate your BitOnEx OÜ Account at any time if we reasonably believe to be required to do so by the law or in order to comply with recommendations issued by a relevant government authority or recognized body for the prevention of financial crime.

It is strictly forbidden to use the Account for any illegal purposes. BitOnEx OÜ will report any suspicious activity to the relevant law enforcement.

The User shall ensure that they do not use the Services for the transactions relating to: money laundering, terrorist financing, a proliferation of weapons of mass destruction; human trafficking; any goods or services that are illegal or the promotion, offer or marketing of which is illegal or that are offered in connection with illegal, obscene or pornographic content, depict children or minors in sexual postures, depict means of propaganda or signs of unconstitutional organizations glorifying war or violating human dignity; any goods or services, promotion, offer or marketing of which would violate copyrights, industrial property rights or other rights of any person; archeological findings; drugs, narcotics or hallucinogens; weapons of any kind; illegal gambling services; Ponzi, pyramid or any other “get rich quick” schemes; goods that are subject to any trade embargo; media that is harmful to minors and violates laws and, in particular, the provision in respect of the protection of minors; body parts or human remains; protected animals or protected plants; weapons or explosive materials;

or any other illegal goods, services, or transactions.

Account Security

The User is responsible for maintaining the confidentiality of their Account’s credentials, including, but not limited to a password, email, wallet address, balance, and of all activity including Transactions made through the Account.

BitOnEx OÜ personnel will never ask the User to disclose their password. Any message the User receives or website that he/she visits that asks for the password, other than the BitOnEx OÜ Site, should be reported to BitOnEx OÜ. Before each use of the Website, the User has to check (ensure) that he is using a genuine website.

We advise changing the User’s password regularly in order to reduce the risk of a security breach in relation to the Account. The User must never allow anyone to access his/her Account or watch the User accessing his/her Account. If the User has any security concerns concerning his/her Account, login details, (password or other security feature being lost, stolen, misappropriated, used without authorization or otherwise compromised), the User is advised to change the password immediately. The User must contact support service without undue delay in becoming aware of any loss, theft, misappropriation, or unauthorized use of the Account, login details, password, or other security features. Any undue delay in notifying BitOnEx OÜ may not only affect the security of the Account but may result in the User being liable for any losses as a result. If the User suspects that someone else accessed his/her Account, the User should also contact an appropriate government agency and report the incident.

The User must take reasonable care to ensure that his/her email account(s) are secure and only accessed by the User, as his/her email address may be used to reset passwords or to communicate with the User about the security of the Account. BitOnEx OÜ cannot be liable for the breach of an email account resulting in an unauthorized Transaction to be executed with a proper confirmation. In case any of the e-mail addresses registered with the User’s Accounts are compromised, the User should without undue delay after becoming aware of this contact Support Service and also contact his/her email service provider.

Irrespective of whether the User is using a public, a shared or his/her own computer to access the Account, the User must always ensure that his/her login details are not stored by the browser, cached or otherwise recorded. The User should never use any functionality that allows login details or passwords to be stored by the computer he/she is using.

Additional products or services the User uses may have additional security requirements and the User must familiarize them with those as notified to him/her

We strictly recommend using additional authentication options of the Platform.

Account Security

The User is responsible for maintaining the confidentiality of their Account’s credentials, including, but not limited to a password, email, wallet address, balance, and of all activity including Transactions made through the Account.

BitOnEx OÜ personnel will never ask the User to disclose their password. Any message the User receives or website that he/she visits that asks for the password, other than the BitOnEx OÜ Site, should be reported to BitOnEx OÜ. Before each use of the Website, the User has to check (ensure) that he is using a genuine website.

We advise changing the User’s password regularly in order to reduce the risk of a security breach in relation to the Account. The User must never allow anyone to access his/her Account or watch the User accessing his/her Account. If the User has any security concerns concerning his/her Account, login details, (password or other security feature being lost, stolen, misappropriated, used without authorization or otherwise compromised), the User is advised to change the password immediately. The User must contact support service without undue delay in becoming aware of any loss, theft, misappropriation, or unauthorized use of the Account, login details, password, or other security features. Any undue delay in notifying BitOnEx OÜ may not only affect the security of the Account but may result in the User being liable for any losses as a result. If the User suspects that someone else accessed his/her Account, the User should also contact an appropriate government agency and report the incident.

The User must take reasonable care to ensure that his/her email account(s) are secure and only accessed by the User, as his/her email address may be used to reset passwords or to communicate with the User about the security of the Account. BitOnEx OÜ cannot be liable for the breach of an email account resulting in an unauthorized Transaction to be executed with a proper confirmation. In case any of the e-mail addresses registered with the User’s Accounts are compromised, the User should without undue delay after becoming aware of this contact Support Service and also contact his/her email service provider.

Irrespective of whether the User is using a public, a shared or his/her own computer to access the Account, the User must always ensure that his/her login details are not stored by the browser, cached or otherwise recorded. The User should never use any functionality that allows login details or passwords to be stored by the computer he/she is using.

Additional products or services the User uses may have additional security requirements and the User must familiarize them with those as notified to him/her.

We strictly recommend using additional authentication options of the Platform.

Termination of the Terms of Service

The User may terminate the Terms of Use and close their Account at any time, following the settlement of any pending transactions.

The User also agrees that BitOnEx OÜ may, by giving notice, at its sole discretion terminate his/her access to the Site and to his/her Account, including without limitation, our right to limit, suspend or terminate the service and the Users' Accounts, prohibit access to the Site and its content, services, and tools, delay or remove hosted content and take technical and legal steps to keep the User off the Site if we think that he/she or his/her activity/deeds linked to illegal activity, infringing the intellectual property rights of third parties or acting inconsistently with the letter or spirit of these Terms. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate Account of User for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or another User's account or providing assistance to others' attempting to do so, (2) overcoming software security features limiting the use of or protecting any content, (3) usage of the Service to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities, (4) violations of these Terms of Use, (5) failure to pay or fraudulent payment for Transactions, (6) unexpected operational difficulties, or (7) upon the request of law enforcement or other government agencies, if deemed to be legitimate and compelling by BitOnEx OÜ, acting at its sole discretion.

BitOnEx OÜ also reserves the right to cancel unconfirmed Accounts or Accounts that have been inactive for a period of six (6) months or more and/or to modify or discontinue our Site or Service. The User agrees that BitOnEx OÜ will not be liable to them or to any third party for termination of their Account or access to the Site.

The suspension of the Account shall not affect the payment of the Transaction fees due for past Transactions. Upon termination, the User shall provide valid account details or cryptocurrency addresses to allow the transfer of any currencies deposited to his/her Account. BitOnEx OÜ shall transfer the currencies as soon as possible following the User's request in the time frames specified by BitOnEx OÜ. If an account is suspended because of the detection of illegal or criminal activity transfer may be delayed for the time necessary for an appropriate investigation of appropriate authorities.

Services Availability

All Services are provided “AS IS”, without guarantees of any kind, either expressed or implied.

BitOnEx OÜ will strive to keep the Site up and running; however, all online services suffer from occasional disruptions and outages and BitOnEx OÜ is not liable for any disruption or loss the User may suffer as a result. Thus, BitOnEx OÜ does not provide any guarantees that access to the Site will not be interrupted or that there will be no delays, failures, errors, omissions, or loss of transmitted information.

BitOnEx OÜ will use reasonable efforts to ensure that the User can normally access the Site in accordance with the Terms of Use. BitOnEx OÜ may suspend the use of the Site for maintenance and will make reasonable efforts to give the User a notice. The User acknowledges that this may not be possible in an emergency.

API

In order to ensure the stability of the Platform API requests may be reasonably limited by BitOnEx OÜ at our discretion. If this limit is exceeded, it may result in a ban for a reasonable time.

Widgets and Mobile Applications

In order to ensure the stability of the Platform API requests may be reasonably limited by BitOnEx OÜ at our discretion. If this limit is exceeded, it may result in a ban for a reasonable time.

BitOnEx OÜ may provide mobile applications (“mobile apps”), which can be used to get access to the Account. The use of these mobile apps is subject to these Terms of Use

Notices and Communication

BitOnEx OÜ reserves the right to send notices to and communicate with the User by any means of communication available to BitOnEx OÜ, considering the contact details provided by the User

The User expressly agrees to receive any notices in electronic form and to be bound by them, if so is required by the Terms of Use.

The official information channel of BitOnEx OÜ is the Website. The Website may contain links to other official information channels of BitOnEx OÜ. Nevertheless, any recommendation and/or trade idea (even on the official channel of BitOnEx OÜ) don’t have a status of official recommendation and/or trade idea of BitOnEx OÜ.

AML/KYC Policy

BitOnEx OÜ Anti-Money Laundering and Know Your Customer Policy (hereinafter - the “AML/KYC Policy”) is designed to prevent and mitigate possible risks of BitOnEx OÜ being involved in any kind of illegal activity.

Both international and local regulations require BitOnEx OÜ to implement effective internal procedures and mechanisms to prevent money laundering, terrorist financing, drug and human trafficking, a proliferation of weapons of mass destruction, corruption, and bribery and to take action in case of any form of suspicious activity from its Users.

AML/KYC Policy covers the following matters:

Verification procedures.

Compliance Officer.

Monitoring Transactions.

Risk Assessment

Verification procedures

One of the international standards for preventing illegal activity is customer due diligence (“CDD”). According to CDD, BitOnEx OÜ establishes its own verification procedures within the standards of anti-money laundering and “Know Your Customer” frameworks.

BitOnEx OÜ’s identity verification procedure requires the User to provide BitOnEx OÜ with reliable, independent source documents, data, or information (e.g., national ID, international passport, bank statement, utility bill). For such purposes, BitOnEx OÜ reserves the right to collect User’s identification information for the AML/KYC Policy purposes.

BitOnEx OÜ will take steps to confirm the authenticity of documents and information provided by the Users. All legal methods for double-checking identification information will be used and BitOnEx OÜ reserves the right to investigate certain Users who have been determined to be risky or suspicious.

BitOnEx OÜ reserves the right to verify User’s identity on an on-going basis, especially when their identification information has been changed or their activity seems to be suspicious (unusual for the particular User). In addition, BitOnEx OÜ reserves the right to request up-to-date documents from the Users, even though they have passed identity verification in the past.

User’s identification information will be collected, stored, shared, and protected strictly in accordance with the BitOnEx OÜ’s Privacy Policy and related regulations. Once the User’s identity has been verified, BitOnEx OÜ is able to remove itself from potential legal liability in a situation where its Services are used to conduct illegal activity.

Compliance Officer

The Compliance Officer is the person duly authorized by BitOnEx OÜ, whose duty is to ensure the effective implementation and enforcement of the AML/KYC Policy. It is the Compliance Officer’s responsibility to supervise all aspects of BitOnEx OÜ’s anti-money laundering and counter-terrorist financing, including but not limited to:

  • Collecting Users’ identification information.
  • Establishing and updating internal policies and procedures for the completion, review, submission, and retention of all reports and records required under the applicable laws and regulations.
  • Monitoring transactions and investigating any significant deviations from normal activity.
  • Implementing a records management system for appropriate storage and retrieval of documents, files, forms, and logs.
  • Updating risk assessment regularly.
  • Providing law enforcement with information as required under the applicable laws and regulations.

The Compliance Officer is entitled to interact with law enforcement, which is involved in the prevention of money laundering, terrorist financing, and other illegal activity.

Monitoring Transactions

The Users are known not only by verifying their identity (who they are) but, more importantly, by analyzing their transactional patterns (what they do). Therefore, BitOnEx OÜ relies on data analysis as a risk-assessment and suspicion detection tool. BitOnEx OÜ performs a variety of compliance-related tasks, including capturing data, filtering, record-keeping, investigation management, and reporting. System functionalities include:

  • Daily check of Users against recognized “blacklists” (e.g. OFAC), aggregating transfers by multiple data points, placing Users on watch and service denial lists, opening cases for investigation where needed, sending internal communications and filling out statutory reports, if applicable;
  • Case and document management.

With regard to the AML/KYC Policy, BitOnEx OÜ will monitor all transactions and it reserves the right to: ensure that transactions of suspicious nature are reported to the proper law enforcement through the Compliance Officer; request the User to provide any additional information and documents in case of suspicious transactions; suspend or terminate User’s Account when BitOnEx OÜ has reasonable suspicion that such User engaged in illegal activity.

The above list is not exhaustive and the Compliance Officer will monitor Users’ transactions on a day-to-day basis in order to define whether such transactions are to be reported and treated as suspicious or are to be treated as bona fide

Risk Assessment

BitOnEx OÜ, in line with the international requirements, has adopted a risk-based approach to combating money laundering and terrorist financing. By adopting a risk-based approach, BitOnEx OÜ is able to ensure that measures to prevent or mitigate money laundering and terrorist financing are commensurate to the identified risks. This will allow resources to be allocated in the most efficient ways. The principle is that resources should be directed in accordance with priorities so that the greatest risks receive the highest attention.

Governing Law and Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Estonia, unless otherwise expressly provided.

All disputes arising out of or in connection with the present contract shall be finally settled by arbitration in accordance with the Rules of the Arbitration Court of the Estonian Chamber of Commerce and Industry. The Parties shall attempt to resolve all disputes relating to these Terms of Use by negotiations. If the Parties fail to resolve the disputes relating to these Terms of Use through negotiations, the dispute shall be conclusively resolved in the Arbitration Court of the Chamber of Commerce and Industry of Estonia in Tallinn (hereinafter: the Arbitration Court) in accordance with the Rules of the Arbitration Court. The dispute shall be resolved on the basis of the laws of Estonia. The language of the Arbitration Court shall be Estonian. The Arbitration Court shall consist of 3 (three) members. Each Party shall appoint one arbitrator within the time period prescribed by the Council of the Arbitration Court of the Chamber of Commerce and Industry of Estonia. Each Party shall ask the arbitrator chosen by him to appoint a third arbitrator together with the arbitrator chosen by the other Party, who shall be the chairman of the Arbitration Court in the resolution of the dispute. If the arbitrators appointed by the Parties fail to choose a third arbitrator within the time period prescribed by the Council of the Arbitration Court of the Chamber of Commerce and Industry of Estonia, the third arbitrator who shall also be the chairman of the Arbitration Court shall be appointed by the Council of the Arbitration Court of the Chamber of Commerce and Industry. If the Parties fail to form the Arbitration Court in accordance with the provisions of these Terms of Use and the Rules of the Arbitration Court, the Arbitration Court shall be formed by the Council of the Chamber of Commerce and Industry of Estonia. The award of the Arbitration Court shall be final and binding upon the Parties.

Limitation of Liability

IN NO EVENT SHALL BitOnEx OÜ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS BE LIABLE TO THE USER OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) ACCURACY, COMPLETENESS OR CONTENT OF THIS SITE, (II) ACCURACY, COMPLETENESS OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE AND/ OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USER'S USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY AND WHETHER OR NOT BitOnEx OÜ IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. IN ADDITION, THE USER SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL BitOnEx OÜ’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY THE USER FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF USE OR THE USER'S USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

BitOnEx OÜ will not be liable for the Transactions, initiated by the User, below the prescribed limits.

Indemnity

The User agrees to protect, defend, indemnify and hold harmless BitOnEx OÜ and its officers, directors, employees, agents and third-party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities, and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by BitOnEx OÜ directly or indirectly arising from (i) the User’s use of and access to this Site or the Services found at this Site; (ii) the User’s violation of any provision of the Terms of Use or the policies or agreements which are incorporated herein; and/or (iii) the User’s violation of any third-party right, including without limitation any intellectual property or other proprietary rights. The indemnification obligations under this section shall survive any termination or expiration of the Terms of Use or the User’s use of this Site or the Services found on this Site.

Modifications and Amendments

BitOnEx OÜ reserves the right to amend or modify any portion of these Terms of Use at any time by publishing the revised version of the Terms of Use on the Site. The changes will become effective and shall be deemed accepted by the User, the first time the User uses the Services after the publishing of the revised Terms of Use and shall apply on a going-forward basis with respect to any activity initiated after publishing. In the event that the User does not agree with any such modification, the User's sole and exclusive remedy is to terminate the use of the Services and close the Account. The User agrees that BitOnEx OÜ shall not be liable to the User or any third party as a result of any losses suffered by any modification or amendment of these Terms of Use.

Force Majeure

If BitOnEx OÜ is unable to perform the Services outlined in the Terms of Use due to the factors beyond its control including but not limited to the event of Force Majeure, change of law or change in sanctions policy, BitOnEx OÜ will not have any responsibility to the User with respect to the Services provided hereunder and for a time period coincident with the event.

Links to Third-Party Websites

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by BitOnEx OÜ. BitOnEx OÜ assumes no responsibility for the content, terms, and conditions, privacy policies, or practices of any third-party websites. In addition, BitOnEx OÜ does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release BitOnEx OÜ from any and all liability arising from the User's use of any third-party website. Accordingly, BitOnEx OÜ encourages the User to be aware when the User leaves this Site, or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of any other website that you may visit

Contact Us

If you have any questions relating to these Terms of Use, your rights and obligations arising from these Terms and/or your use of the Site and the Service, your Account, or any other matter, please, contact us via email, mentioned on the Website.

P2P User Transaction Policy

I. ALL USERS SHALL ABIDE BY THE KYC, ANTI-MONEY LAUNDERING AND ANTI-TERRORIST FINANCING AND LEGALITY PRINCIPLES SET OUT IN THE POLICY:

Users shall comply with the platform’s KYC policy (including but not limited to the real-name verification requirement) concerning Users’ identity and C2C transaction-related accounts (including but not limited to spot accounts and fiat currency accounts, hereinafter collectively referred to as “Accounts”) and Users shall ensure that the Accounts they use on the platform are legally registered and used by themselves.

When triggering the platform’s anti-money laundering and anti-terrorist financing alarms, Users shall actively cooperate with the platform in its verification, and assist in providing any risk control evidence as needed (subject to the platform’s risk control measures then effective).

If Users fail to do so after triggering the anti-money laundering and anti-terrorist financing alarms, the platform may disable all or part of the features of their account.

Users must ensure that they have the legal rights to the transaction in accordance with applicable laws. The platform does not guarantee the legality of Users’ transactions. To make sure all transactions are legally compliant, the platform may (but is not obliged) to review the legality of the transactions carried out by users, and take necessary actions in accordance with applicable laws and regulations

II. Buyer’s Instructions:

You need to choose a payment method supported by the seller and transfer the amount as shown on the order page within the time specified by the platform. Make sure to click the I have paid button after payment.

Please use a real-name verified payment method. Unless agreed by the seller, the platform does not support non-real-name verified payment methods

Do not click the I have paid button when the payment is not yet made or completed. If you click the I have paid button when the payment is not yet made or completed, certain features of your account may be disabled.

Please choose “instant payment”. For a transfer of over USD 10,000 equivalent, pay in batches to ensure the money is received almost immediately. Any non-instant payments shall not be made without the seller’s prior consent.

When you make the payment, please make sure no sensitive words or expressions related to Digital Currency are used, such as BTC, Digital Currency, and Bitcoin purchase.

If you have completed the transfer and clicked I have paid, yet the seller fails to deliver the corresponding Digital Assets (hereinafter referred to as “delivery”) to the buyer within the specified time, you may contact the Customer Service of the platform to file a complaint. If you operate fully in compliance with the regulations of the platform, and perform the procedures stipulated by the platform (including but not limited to providing relevant legal certificates meeting the platform’s requirements), we will handle the complaint promptly, determine that the Digital Assets belong to you, and carry out the corresponding transfer procedures.

In case of any violations of the “Buyer’s Instructions”, the platform may, in accordance with the Policy, the Terms or relevant laws and regulations, or in its own discretion, take measures as it sees fit, including but not limited to freezing the violator’s account or disabling some of its features.

NOTE: NON-INSTANT PAYMENT METHODS INCLUDE: ALIPAY TO DEBIT CARD, WECHAT TO DEBIT CARD, AND SINGLE TRANSFERS OF USD 10,000 EQUIVALENT OR ABOVE DURING CERTAIN BANKS’ NON-BUSINESS HOURS (GENERALLY 17: 00-9: 00). THE SPECIFIC TYPES OF NON-INSTANT PAYMENT METHODS WILL BE SUBJECT TO ADJUSTMENT FROM TIME TO TIME, AS THE BUSINESS OF EACH PAYMENT CHANNEL CHANGES.

III. Seller’s Instructions:

The beneficiary’s account you use must be consistent with your real-name verified information on the platform.

After confirming receipt of the buyer’s full payment, the seller shall make the delivery within 30 minutes.

Unless otherwise specified by the platform, no one is supposed to ask CS to cancel the order without the buyer’s consent

Unless otherwise stipulated by the platform, you shall not object to the price of an order that is already created without the buyer’s consent.

If you have uncompleted orders or disputes with the buyer, please make sure you can be reached via the mobile phone number you register on the platform.

In case of any violations of the aforesaid “Seller’s Instructions”, the platform may, in accordance with the Policy, the Terms or relevant laws and regulations, or in its own discretion, take measures as it sees fit, including but not limited to freezing the violator’s account or disabling some of its features

IV. Risk Warning and Disclaimer:

  • You fully understand the risks associated with C2C transactions, including but not limited to the risk of great fluctuations in the value of Digital Assets, the credibility risks concerning the counterparties under C2C transactions, and the compliance risks of fiat currency transactions.
  • You have sufficient investment knowledge and experience, and the ability to bear the risks associated with C2C transactions, and agree to independently bear all the risks arising from the engagement in C2C transactions.
  • Before a C2C transaction, you have read and understood all contents of the Policy, the Terms and relevant rules on BitOnex OÜ platforms, and have consulted professionals before deciding in your own discretion on whether or not and how to complete the C2C transactions based on their recommendations.
  • The platform is not a party to a C2C transaction. Therefore, any disputes between Users engaging in C2C transactions have nothing to do with the platform. The platform has neither the rights nor the obligations to resolve any disputes arising therefrom. It is not obliged to assume physical obligations or responsibilities to any party (including but not limited to indemnities).
  • You agree and authorize the platform to take all reasonable actions (including but not limited to canceling transactions or disabling account features under certain circumstances) in accordance with the Policy, the Terms and relevant rules on BitOnex OÜ platforms to safeguard your, the platform’s and other Users’ legitimate rights.

V. Abnormal Trading Behaviors and Measures to Handle Them:

You agree that, to the maximum extent permitted by law, the platform shall not be liable for any losses you suffer from C2C transactions or the use of services under the Policy due to reasons other than the platform’s intentional or gross negligence, including but not limited to hacker attacks, power outages or unavoidable technical failures.

Buyer’s abnormal trading behaviors

Handling rules

1. The buyer cancels an order that is already created, without prior consent of the seller or the platform.

If the buyer does so 3 times on the same day, the system will prohibit the buyer from buying for that day. If the prohibition is triggered 2 days in a row, certain features of the buyer’s account will be disabled (subject to the discretion of the platform).

2. Order is automatically canceled as payment is not made within the time limit after the order is created.

If the buyer does so 3 times on the same day, the system will prohibit the buyer from buying for that day. If the prohibition is triggered 2 days in a row, certain features of the buyer’s account will be disabled (subject to the discretion of the platform).

3. The I have paid button is clicked, yet the payment is not actually made.

The seller may continue the transaction or file a complaint to the platform (for cancellation of the order after refund).

1) If the seller opts to continue the transaction, the seller shall make the delivery upon receipt of payment.

2) If the seller files a complaint against the buyer and requests to cancel the order, and it is confirmed that the buyer has not paid, the platform may cancel the order, and the seller does not need to deliver the Digital Assets to the buyer.

3) If the buyer is complained twice on the same day, the platform will disable certain features of the buyer’s account (subject to the discretion of the platform). If such complaints involve a single transfer of USD 10,000 equivalent or above, the buyer’s account will be frozen for 48 hours.

4. Before the payment is made, the buyer clicks the I have paid button first and then makes the actual payment.

The seller may continue the transaction or complain to the platform (for cancellation of the order after refund).

1) If the seller opts to continue the transaction, delivery needs to be made within 30 minutes upon receipt of full payment.

2) If the seller opts to cancel the order, the seller shall complete the refund within 2 hours after a complaint is filed, without the need to deliver the Digital Assets to the buyer.

5. After the buyer clicks the I have paid button, the seller has not received the buyer’s payment within the time limit specified by the platform.

1) The seller may continue the transaction or cancel the order after refund, except as the buyer’s payment method and delay in payment have gained the prior consent of the seller.

-If the seller opts to continue the transaction, the seller needs to make the delivery within 30 minutes upon receipt of payment.

-If the seller opts to cancel the order, the seller needs to complete the refund within 30 minutes after receipt of payment, without the need to deliver the Digital Assets to the buyer (if the delivery has already been made, the buyer shall return the Digital Assets to the seller).

2) Notwithstanding the provisions of paragraph 1), if the seller is an Advertiser User, the platform cannot get through to the buyer within 10 minutes after receiving the seller’s complaint, and/or if it is confirmed that the seller has not received the payment, the platform may cancel the order first on the condition that the seller will reserve the assets concerned, and the seller does not need to deliver the Digital Assets to the buyer (if the delivery has already been made, the buyer shall return the Digital Assets to the seller).

6. The payment is not made to the beneficiary’s account as shown on the seller’s order details page.

The seller may request the cancellation of the order without the need to deliver the Digital Assets to the buyer (if the delivery has already been made, the buyer shall return the Digital Assets to the seller), while the buyer shall bear the risk and loss of transferring to the wrong account.

7. The payment is not made to the real-name verified beneficiary’s account provided by the seller in the order chat window.

The seller may request the cancellation of the order without the need to deliver the Digital Assets to the buyer (if the delivery has already been made, the buyer shall return the Digital Assets to the seller), while the buyer shall bear the risk and loss of transferring to the wrong account.

8. The payment is made by using a payment channel that is inconsistent with the real-name registered buyer’s account on the platform.

1) The seller may directly refuse the transaction by refunding within 24 hours after receiving the payment, and in doing so, the seller does not need to deliver the Digital Assets to the buyer (if the delivery has already been made, the buyer shall return the Digital Assets to the seller). Payments by institutions using payment channels (regardless of whether the name of the institution is consistent with the real-name verified account) are still considered as non-real-name verified payments.

2) If the seller opts to continue the transaction, the risks arising therefrom shall be borne solely by the seller.

3) If 2 such complaints have been filed against the buyer, the platform will permanently prohibit the buyer from buying via the account.

9. The payment is made within the time limit specified for the order, yet the order is subsequently canceled.

(1) The buyer has completed all the payments, yet the order is subsequently canceled by the buyer or the system when overdue.

(2) The buyer has completed part of the payments, yet the order is subsequently canceled by the buyer or the system when overdue.

In either case, the seller may continue the transaction or discontinue the transaction by refunding.

1. In case the seller opts to continue the transaction,

-if the seller is an ordinary user, the order will be directly recreated by the platform for the seller to deliver the Digital Assets within 30 minutes.

-if the seller is an Advertiser User and the order amount is less than USD 10,000 equivalent, please use “Recreate Order for Delivery” to complete the transaction; if the order amount is over USD 10,000 equivalent, make the delivery within 30 minutes after the order is recreated on the platform.

2. In case the seller opts to cancel the order, the seller shall complete the refund within 60 minutes after receiving the feedback from the platform or the buyer, without the need to deliver the Digital Assets to the buyer (if the delivery has already been made, the buyer shall return the Digital Assets to the seller).

10. If payment is made in batches, the buyer clicks the I have paid button before all transfers are completed, and then continues to complete the payment.

1) If the seller consents to such operations upon prior notice, the seller shall continue to complete the order.

2) If the buyer does so without gaining prior consent of the seller, the seller may continue the transaction or cancel the order after refund.

-If the seller opts to continue the transaction, the seller shall make the delivery within 30 minutes upon receipt of all payments.

-If the seller opts to cancel the order, the seller shall complete the refund within 60 minutes upon receipt of payments, without the need to deliver the Digital Assets to the buyer (if the delivery has already been made, the buyer shall return the Digital Assets to the seller).

11. The amount paid does not match that of the order.

1) If the former is greater than the latter, the order will be deemed as having been completed and the seller shall refund the excess within 60 minutes after receiving the payment.

2) If the former is less than the latter, the seller may opt to continue the transaction or request the cancellation of the order after refund.

-If the seller opts to continue the transaction, the seller shall complete the order according to the actually paid amount (i.e. corresponding Digital Assets calculated on the basis of the applicable unit transaction price agreed by the buyer and seller in advance will be delivered (if without such an agreement, the same unit transaction price as the original order shall be applicable)).

-If the seller opts to cancel the order, the seller shall complete the refund within 60 minutes upon receipt of payments, without the need to deliver the Digital Assets to the buyer (if the delivery has already been made, the buyer shall return the Digital Assets to the seller).

12. When the payment is received, the real name of the buyer cannot be verified in the beneficiary’s account.

1) If the platform confirms that the payment account is consistent with the buyer's real name registered on the platform, and the payment is completed within the time specified for the order, the order will be completed as normal.

2) If the platform confirms that the payment account is inconsistent with the buyer’s real name registered on the platform, Measure 8 as set out above shall apply.

13. Payment is made through a non-instant payment method that is not authorized by the seller.

The seller may continue the transaction or request a cancellation of order after refund.

-If the seller opts to continue the transaction, the seller shall make the delivery within 30 minutes after receipt of payment.

-If the seller opts to cancel the order, the seller shall complete the refund within 60 minutes upon receipt of payments, without the need to deliver the Digital Assets to the buyer (if the delivery has already been made, the buyer shall return the Digital Assets to the seller).

14. On holidays or from 17:00 to 9:00 on working days, debit card remittances exceeding USD 10,000 equivalent are not paid in batches, leading to failure of the seller to receive the buyer’s transfer within the time limit specified by the platform.

The seller may continue the transaction or cancel the order and refund.

-If the seller opts to continue the transaction, the seller shall make the delivery within 30 minutes after receipt of payment.

-If the seller opts to cancel the order, the seller shall complete the refund within 60 minutes upon receipt of payments, without the need to deliver the Digital Assets to the buyer (if the delivery has already been made, the buyer shall return the Digital Assets to the seller).

15. Abnormality occurs to the beneficiary’s account due to the buyer’s payment.

1) If the buyer cannot provide proof for the normality of its account, the seller shall refund and the platform shall cancel the order within 24 hours after the beneficiary’s account is restored to normal state of operation.

2) If the buyer can provide proof for the normality of its account, the order shall be completed and the Digital Assets be delivered to the buyer, after the buyer’s account is verified to be normal.

16. If the following remarks are made when the buyer makes a payment: Digital Currency, BTC, Bitcoin, etc.

The seller may continue the transaction or cancel the order after refund.

1) If the seller opts to complete the transaction, the seller shall make the delivery within 30 minutes after receipt of payment.

2) If the seller opts to cancel the order after refund, the Digital Assets delivered shall be returned to the seller, and the seller shall complete the refund within 60 minutes upon receipt of payment. If the beneficiary’s account is therefore frozen, Measure 14 as set out above shall apply.

17. The buyer is determined by the risk control system as having maliciously snatched low-price orders.

1) If the buyer fails to pay, the platform will cancel the order and the seller will not have to deliver the Digital Assets to the buyer (if the delivery has already been made, the buyer shall return the Digital Assets to the seller).

2) If the buyer has made the payment, the seller shall complete the refund within 60 minutes upon receipt of complaint by the platform. The platform will assist in canceling the order, while the seller does not need to deliver the Digital Assets to the buyer (if the delivery has already been made, the buyer shall return the Digital Assets to the seller).

3) If the buyer does so twice, the platform will disable certain features of the buyer’s account (subject to the discretion of the platform).

Note: If the seller fails to refund or deliver the Digital Assets within the time set out in the Policy, the platform will disable some features of the seller’s account.

Seller’s abnormal trading behaviors

Handling rules

1. The seller has objections to the order price after the order is created.

Unless the two parties agree to a new price, the seller shall make the delivery within the time specified.

2. Abnormality occurs to the beneficiary’s account provided by the seller.

The buyer may continue the transaction or cancel the order.

-If the buyer opts to complete the order and it is confirmed that the buyer has paid in full within the specified time, the seller shall make the delivery within the time specified after receiving the payment.

-If the buyer opts to cancel the order, the buyer shall return the Digital Assets to the seller after the refund.

3. Order is canceled because the seller fails to provide an effective payment method in time and the buyer is unable to make the payment.

1) If the order cannot be completed because the seller fails to provide a valid payment method, the platform will cancel the order directly when it receives such complaints and punishes the seller accordingly. The order canceled by the platform will not be counted as a cancellation on the part of the buyer on that day.

2) When such complaints are filed twice against the seller, the system will disable certain features of the seller’s account (subject to the discretion of the platform).

4. A non-advertiser seller does not register valid beneficiary information that is consistent with its real name or provides the buyer with a payment method that is inconsistent with the real name registered on the platform, e.g. when such a seller collects money through Alipay or WeChat, the payee’s name does not match that displayed on the order details page of the platform.

1) The buyer may cancel the order and file a complaint to the platform.

2) When 3 such complaints have been filed against the seller, the platform may permanently disable all features of the seller’s account.

3) If the buyer opts to continue the transaction, the risks arising therefrom shall be solely borne by the buyer.

5. The buyer clicks the I have paid button after full payment, yet the seller fails to make the delivery within 30 minutes after receiving the buyer’s full payment.

The buyer may continue the transaction or cancel the order and request a refund.

-If the buyer opts to complete the transaction, the ombudsman will determine that the Digital Assets belong to the buyer, and the Customer Service will perform the transfer of the Digital Assets.

-If the buyer cancels the order after requesting a refund, the seller shall complete the refund within 60 minutes upon the request from the buyer or the platform.

When risk control abnormalities are triggered

Handling rules

1. When abnormalities are detected by the risk control system, Users explicitly refuse or do not actively cooperate with the platform for subsequent anti-money laundering or anti-terrorism financing verification.

The platform may opt to directly determine the account as abnormal, and take measures, including but not limited to raising Users’ risk level, directly freezing Users’ account and related Accounts until risk control evidences provided by Users pass the risk control review by the platform.

2. When Users are found by the platform’s risk control system to be suspected of fraud (or attempted fraud), withdrawal of money to high-risk platforms (including but not limited to dealer platforms, online gambling platforms, platforms suspected of money laundering fraud or others with low risk control capabilities), or other high-risk asset transfers.

Risk warning: Caution against all publicity efforts associating this platform with such platforms in case of any unnecessary property losses.

The platform may opt to directly freeze or disable the transaction, withdrawal, or even all C2C features of the account or associated Accounts.

3. Accounts are not used by Users or illegally used to buy Digital Assets for others: if Users are found by the platform to have sold, lent, or rented their account for use by others, or have illegally purchased Digital Assets for others.

Risk warning: Please keep your information safe so as not to be exploited by others for criminal acts.

The platform may opt to take one or more measures, including but not limited to temporarily or permanently disabling the C2C trading feature, delaying or disabling the withdrawal feature, or directly freezing such Users’ Accounts and associated Accounts.

4. Receipt or introduction of Digital Assets or funds from illegal sources: Users know or can reasonably infer with common sense that the Digital Assets and money received from other platforms/WeChat groups are illegal coins or funds, yet still allow them to flow into the Accounts of other Users on the platform.

The platform may directly and permanently disable any and all features of such Users’ account and associated Accounts, and terminate any services provided to the Users or performance of any contractual obligations.

5. Users identified as having committed money laundering: when Users are detected by the risk control system or verified by risk control staff as having directly participating in or assisting money laundering.

The platform may directly and permanently disable any and all features of such Users’ account and associated Accounts, and terminate any services provided to the Users or performance of any contractual obligations.

6. Account freezing: when Users’ account is frozen upon the request of a judicial institution.

The platform may freeze Users’ account in accordance with the letter issued by a judiciary institution as well as relevant laws and regulations. During the freezing period, the Users shall apply to the relevant judiciary institution, instead of the platform, for account unfreezing.

7. Judicial investigation: Users are requested by a judiciary institution to retrieve account information on the platform, in forms, including but not limited to, judicial investigation and consultation.

The platform may disable certain features of the Users’ account and associated Accounts.

When risk control abnormalities are triggered

Handling rules

1. For the past 7 days, users who have over 5 orders but a 0 completion rate will be considered malicious.

The platform may disable the user’s account for 7 days.

2. For the past 7 days, users who have over 5 orders but a completion rate larger than 0, while less than 20% will be considered malicious.

The platform may disable the user’s account for 7 days.

Trading fees

On regular terms, we charge starting from 0.25% commission fees on all trades in the market, but flexible.

(Join our referral program for discount/cashback on all trades!)

* Trading fees are only charged when you complete your buy/sell transactions*

BitOnEx OÜ Futures Service Agreement

Futures trading is highly risky. As a futures trader, you acknowledge and agree that you shall access and use the futures trading service at your own risks;

You should fully understand the risks associated with futures trading and solely responsible and liable for any and all trading and non-trading activity on your BitOnex OÜ account. Do not enter into a transaction or invest in funds that are above your financial abilities;

You are solely responsible and liable for knowing the true status of any position, even if presented incorrectly by BitOnex OÜ at any time;

You agree to maintain in your BitOnex OÜ futures account a sufficient amount of blockchain assets required by BitOnex OÜ for users to engage in futures trading. Failure to maintain a sufficient amount of assets can result in the forced liquidation of assets in your futures account;

BitOnex OÜ may, in its sole discretion, perform measures to mitigate potential losses to you on your behalf, including, but not limited to, transferring balances from your futures to your exchange account and/or from your exchange to your futures account;

During BitOnex OÜ system maintenance, you agree that you are solely responsible and liable for managing your futures account under risk, including but not limited to, keeping or closing your position.

You agree that you conduct all futures trading on your own account and claim full responsibility for your activities. BitOnex OÜ does not take any responsibility for any loss or damage incurred as a result of your use of any services or your failure to understand the risks involved associated with assets generally or your use of our services.

You agree that all investment operations conducted on BitOnex OÜ represent your true investment intentions and that unconditionally accept the potential risks and benefits of your investment decisions.

BitOnex OÜ reserves the right to suspend or terminate BitOnEx OÜ Futures service. If necessary, BitOnex OÜ can suspend and terminate BitOnEx OÜ Futures service at any time.

Due to network delay, computer system failures, and other force majeure, which may lead to delay, suspension, or deviation of BitOnex OÜ Futures service execution, BitOnex OÜ will use commercially reasonable effort to ensure but not promise that BitOnex OÜ Futures service execution system run stably and effectively. BitOnex OÜ does not take any responsibility if the final execution doesn’t match your expectations due to the above factors.

I have read and agreed to the BitOnex OÜ Futures Service Agreement and have agreed to use BitOnEx OÜ Futures service. I am aware of these risks and confirm to use this service.