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BITPOWR TERMS OF USE

Last updated on November 16 2023

  • Terms of Use
    • These Terms of Use (the "Terms") represent a legally binding contract between you and Bitpowr ("Bitpowr", "we", or "us"). By accessing or using content; services, and materials on Bitpowr's website located at https://bitpowr.com (the "Website"), any of the services provided therein (collectively, the "Services") and the materials may include technology, logos, text graphics, videos, images, photos, software and other content (collectively, the "Materials"), you agree that you have read, understood, accept and agree to be bound by these Terms. If you do not agree with any of these Terms, do not access or otherwise use Bitpowr’s Services.
    • Not all products and services are available in all geographic areas and are subject to applicable terms and conditions. Eligibility for particular products and services is subject to final determination by Bitpowr. Rates for Bitpowr products are subject to change.
  • Definition Section
    • Accounts - An account created and maintained in your name or your company's name, utilised for the purpose of offering services as outlined in this Terms of Use;
    • Additional terms -  Any extra terms that guide the use of particular Bitpowr products;
    • Bitpowr Services - All offerings for products available on Btpowr’s Platform;
    • Digital Assets - Digital assets are digital representations of value recorded on a cryptographically secured on any of the Bitpowr blockchain development Platform;
    • Platform - means the Website(s) owned and operated by Bitpowr;
    • Products - all Services provided by Bitpowr or accessible to users via Bitpowr’s Platforms;
    • Third-party Content - means content or links from external sources included in our Services or communications, including third-party sites, applications, or services;
    • User - any individual or business registering an Account on the Platform to access the Services;
    • Wallet - a secured electronic wallet that allows Users to deposit, withdraw, transfer Digital Assets, pay bills, pay for goods and services, and do a number of other transactions;
    • Website - means the worldwide website operated by Bitpowr at https://bitpowr.com/ or any replacement URL;
  • About Us
    • Bitpowr (“Bitpowr”, “We”, “Us”, or “Our”) owns and operates a blockchain infrastructure that enables it to provide financial institutions with easy access to the blockchain tools and infrastructure they need to launch and scale their products and services. Our blockchain development platform provides developers the tools and services to build and scale blockchain applications seamlessly easily. We want to affirm that we provide our products and services for corporate clients only. We do not provide products and services for individuals.
    • Bitpowr may vary the Services from time to time at its absolute discretion, and the users shall be notified of any such variations where necessary. Any changes will be posted on the Website(s).
    • This “Terms of Use” is an Agreement between you and Bitpowr. It details Bitpowr’s obligations to you. It also highlights the risks of using our Services, and you must consider such risks carefully, as the provisions of this Agreement will bind you through your use of this Website or any of our Services
  • Privacy Notice
    • Bitpowr is committed to managing your Personal Information in line with global industry best practices. You can read our Privacy Notice to understand how we use your information and the steps we take to protect your information.
  • Registration
    • a. Account Creation
    • To use our Platform, you have to create an account by registering. To register, you will provide us with information that personally identifies you, such as your email, first name, last name, phone number and geolocation.  We may seek to verify your information (by ourselves or through third parties), after which we will approve your account unless deemed risky to our business. You permit us to do all these. You can refuse to authorise the use and/or disclosure of your Personal Information. However, if you exercise this right, you may not be able to utilise some features of the Services we provide. Each User (including natural person, business or legal entity) may maintain only one main account at any time. However, Users can open one or more sub-accounts under the main account with the consent of Bitpowr.
    • Some aspects of the Services or their entirety may not be available in all locations, and we may block access to some or all of the Services from certain locations based on your device’s geolocation information. We may add to or remove the areas in which the Services are or are not available, or are partially or fully available, at any time without notice to you. Our site is intended to facilitate easy access to blockchain tools and infrastructure. No information on this website is intended to amount to advice, recommendation, or inducement to participate in any trade or deal with any User.
    • Where necessary, Users must seek professional or specialist advice before taking or refraining from any action based on the content on our site. In particular, please note that we are a technology business. We do not provide trade or financial advice of any kind. We, therefore, disclaim, to the fullest extent possible under law, liability in relation to the foregoing.
    • b. Verification/Due Diligence
    • Bitpowr follows a strong process of KYB verification to collect and check all required information about the client and people in the corporate structure. Opening anonymous accounts is restricted. Upon the request of Bitpowr, additional documents and information should be provided by the client. Failure to provide documents on Bipowr’s compliance request may lead to the suspension or termination of relationships with you. Completing the respective KYB questionnaire, passing the liveness check and video verification are also obligatory requirements of Bitpowr.
    • c. Customer Verification
    • You must conduct appropriate KYC and due diligence on each customer before assigning wallets and addresses to your customers and regularly updating information on the Platform. You shall ensure that your customers comply with all applicable laws, regulations, and industry standards related to using the Custodial Wallet, including but not limited to anti-money laundering (AML) and Know Your Customer (KYC) requirements.
  • Age Restriction and Eligibility
    • Our Website and Services are not directed to persons under 18. We do not knowingly transact with or provide services to persons under 18 years of age.
    • You are independently responsible for complying with all applicable laws related to using our Website and Services.
  • Access to Website
    • This Website or any information or materials contained herein are not directed or intended for distribution to or use by any person or entity who is a citizen, resident, or located in any jurisdiction in which such distribution, use, publication, or the ability to access is contrary to the laws or regulations, or in which the Company or any of its affiliates or otherwise related entities meet the requirements for registration or licensing within such jurisdiction.
  • Change of Information
    • If you change any information provided to us at registration, including your address, you agree to notify us within 7 (seven) days of such a change. We may be unable to respond if you contact us from an address, telephone number, or email account that is not registered with us.
  • Freezing of Accounts
    • Bitpowr may freeze a user account at any time, especially in the case of violations against these Terms of Use and any applicable law in the state of Delaware, United States of America. When a User account is frozen, the User may no longer use the Bitpowr Platform or re-register without Bitpowr’s express permission.
  • Representations and Warranties
    • You represent and warrant to Bitpowr that:
    • i. You have full power and authority to enter into, execute, deliver and perform this Agreement;
    • ii. You have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase, Payment or Subscription;
    • iii. You will comply with this Agreement and all applicable laws and regulations;
    • i.v Any information you provide to us, both when you register and in the future, is and will be true, accurate, current, and complete;
    • v. You will keep all information up-to-date and
    • vi. You accept and agree to these Terms.
  • Account Security
    • You agree not to allow anyone else to access or use your password details and comply with all reasonable instructions we may issue regarding account access and security. If you share your password details, Bitpowr will not be liable for losses or damages. You will also take all reasonable steps to protect the security of the personal electronic device through which you access Bitpowr Services (including, without limitation, using a PIN and/or password-protected personally configured device functionality to access Bitpowr Services and not sharing your device with other people). You are responsible for securely managing your password(s) for the Services and to contact Bitpowr if you become aware of any unauthorised access to your Account.
  • No Investment Advice
    • Bitpowr does not provide investment, tax, or legal advice, nor does Bitpowr broker trades on your behalf.  You should consult your legal or tax professional regarding your specific situation. Bitpowr may provide educational information about Digital Asset(s) and other Digital Assets not supported by Bitpowr.  Information may include, but is not limited to, blog posts, articles, links to third-party content, news feeds, tutorials, and videos. The information provided on this Website or any third-party sites does not constitute investment advice, financial advice, trading advice, or any other advice, and you should not treat any of the website's content as such
  • Transactions on the Blockchain Development Platform
    • You may purchase licences to software products (“Software”) and/or development services (“Services”) from the Website by completing the applicable purchase order. By placing a purchase order, You agree to the Additional Terms applicable to the Software or Services covered by the purchase order. Bitpowr blockchain development platform allows you to deploy and manage modern and compliant wallets built on flexible technology. Bitpowr’s role is limited to providing a platform that allows you to store, manage, and transfer digital assets.
    • Bitpowr provides access to blockchains and Digital Assets to launch and scale your blockchain products and operations (subject to increase).  We process supported Digital Assets according to the instructions received from Users, and we do not guarantee the identity of any User, receiver, requester or other party. You should verify all transaction information before submitting instructions to us.
  • Custody
    • Bitpowr provides wallet and custody infrastructure that secures and manages Digital Assets in your Hosted Wallet for your benefit. We are not a trust company, nor do we maintain a trust company charter in any territory.  Accordingly, any regulated services we provide to Users located in the United States are characterised as virtual currency business activity and not as trust services. Additionally, to avoid doubt, Bitpowr is not a fiduciary, and Bitpowr does not provide any trust or fiduciary services to any User when such User visits, access, or uses the Bitpowr website or services.
  • Purchases
    • If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase, including but not limited to your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.
    • You represent and warrant that (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase and that (ii) the information you supply to us is true, correct, and complete.
    • We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties, subject to our Privacy Policy. We reserve the right to refuse or cancel your order at any time for reasons including, but not limited to, product or service availability, errors in the description or price of the product or service, an error in your order, or other reasons.
    • We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
  • Anti-Money Laundering
    • You agree not to use Bitpowr’s platform or services to perpetuate fraud, launder money or digital assets. Bitpowr reserves the right to suspend or terminate your account if it suspects or has cause to believe you have acted contrary to the provisions of this clause. Bitpowr may also suspend your account if it notices unusual activity on your platform.
    • For the purposes of anti-money laundering prevention and combating terrorist activities, Bitpowr reserves the right to request any additional information and documents from you about you, your authorised Persons and/or your Transactions and suspend your or any of your authorised Persons’ access to the Account anytime in case the documents or information provided by you are unsatisfactory or insufficient, as Bitpowr decides in its sole discretion.
    • Should the documents fail our internal identity or security check standards – for example, if we suspect that they have been tampered with or are in any way proven to be misleading or misrepresenting – we shall be under no obligation to accept such documents as valid, and under no obligation to provide feedback on the exact nature of our findings with regards to these documents. In addition, we may request that any of your Authorised Persons attend a video call to verify their identity.
  • Right to Change/Remove Features or Suspend/Delay Transactions
    • We reserve the right to change, suspend, or discontinue any aspect of the Services or the Platform at any time, including hours of operation or availability of any feature, without notice and liability. In our sole discretion, we may delay any transaction if we believe that such transaction is suspicious, may involve fraud or misconduct, violates applicable laws or payment network or Automated Clearing House (ACH) rules, or violates any term of this Agreement.
  • Responsibilities:
    • By agreeing to these terms of use, you agree to the following responsibilities:
    • 1. The usual and customary charges for any services rendered by collaborating providers profiled on the site will apply and will be your responsibility.
    • 2. You are responsible for all use of the site and for all use of your credentials, including use by others to whom you have given your credentials.
    • 3. You agree to not copy, modify, adapt, translate, or reverse engineer any portion of the site, its content or materials, and/or the Services.
    • 4. You agree to not create user accounts by automated means or under false or fraudulent pretences.
    • 5. It is within your responsibility to refrain from collecting or storing personal data about other users in connection with the prohibited activities contained within this Agreement.
    • 6. You shall not use any means, including software means, to conduct web scraping of any portion of the site, its content or materials, and/or the Services.
    • 7. You shall not access, retrieve, or index any portion of the site and/or the Services to construct or populate a searchable database of reviews related to the Services provided.
    • 8. You shall promptly update us with any changes to your account details.
  • Free Trial
    • Bitpowr may, at its sole discretion, offer a free trial for a limited period of time ("Free Trial").
    • You may be required to enter your billing information to sign up for a free Trial.
    • If you do enter your billing information when signing up for a Free Trial, you will not be charged by Bitpowr until the Free Trial has expired. On the last day of the Free Trial period, unless you cancel your Subscription, you will be automatically charged the applicable fees for the type of Service you have selected.
    • At any time and without notice, Bitpowr reserves the right to:
    • 1. modify Terms of Service of Free Trial offer, or
    • 2. cancel such Free Trial offers.
  • Taxes
    • Bitpowr will maintain a record of your transaction history, which you will be able to access through your Bitpowr Account for purposes of making any required tax filings or payments. Still, it is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and to collect, report, and remit the correct tax to the appropriate tax authority. Bitpowr will make any tax withholdings or filings that we are required by law to make, but Bitpowr is not responsible for determining whether taxes apply to your transaction or for collecting, reporting, or remitting any taxes arising from any transaction.
  • Insufficient Funds
    • If you have insufficient funds in your Bitpowr Account to complete a transaction, such a transaction will not be completed.
  • Unacceptable Use
    • You shall not permit any person using your Device or Account to:
    • i. use this Platform in a way that causes or could cause damage or restrict the availability or accessibility of the Platform;
    • ii. store, copy, transmit, publish or distribute any computer virus, spyware, Trojan horse, worm, keystroke logger or other malicious software via this Platform;
    • iii. conduct any fraudulent or illegal activities via the Platform;
    • iv. copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except if expressly authorised by Bitpowr or by applicable statutory law), modify or alter any part of the Services;
    • v. violate the contractual, personal, intellectual property or other rights of any party, including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other rights of any party (including rights of privacy or publicity); Improperly use support channels or complaint buttons to make false reports to Bitpowr;
    • vi. encourage any third party to (i) directly or indirectly generate usage, queries, impressions, or clicks through any automated, deceptive, fraudulent, or other invalid means; (ii) edit or modify any tag or remove, obscure or minimise any tag in any way; or (iii) engage in any action or practise that reflects poorly on Bitpowr or otherwise disparages or devalues Bitpowr's reputation or goodwill;
    • vii. make representations (with respect to Bitpowr) which are not approved in advance and in writing by Bitpowr; you shall obtain Bitpowr's prior written approval to the content of any marketing message and with respect to any use of Bitpowr's trade name and/or trademarks and/or designs in connection with the Services and Materials;
    • viii. Violate any applicable laws or regulations or encourage or promote any illegal activity, including, but not limited to, copyright infringement, trademark infringement, defamation, and invasion of privacy;
    • ix. identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services;
    • x. Attempt to use the Services on or through any other platform or third-party service provider that Bitpowr does not authorise. Any such use is at your own risk and may subject you to additional or different terms. Bitpowr takes no responsibility for your use of the Services through any platform or third-party service provider that is not authorised by it;
    • xi. Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Services;
    • xii. Interfere with the ability of others to enjoy using the Services, including disruption, overburdening, or aiding the disruption or overburdening of the Services’ servers, or take actions that interfere with or materially increase the cost of providing the Services for the enjoyment of all its users;
    • xiii. You hereby understand and agree that if fraudulent activity is associated with the operation of your Account, We have the right to apply restrictions to your Account and report it to the appropriate law enforcement agencies.
    • This list of prohibitions provides examples and is not exhaustive or exclusive. Bitpowr reserves the right to terminate your ability to use the Services with or without cause and with or without notice, for any reason or no reason, or for any action that Bitpowr determines is inappropriate or disruptive to the Services or any other user of the Services. Bitpowr may report to law enforcement authorities any actions that may be illegal and any reports it receives of such conduct. When legally required or at Bitpowr's discretion, Bitpowr will cooperate with law enforcement agencies and regulatory bodies in any investigation of alleged illegal activity on the Services or the internet.
    • You agree to indemnify and hold Bitpowr and its officers, directors, employees, consultants, affiliates, agents, licensors, and business partners (collectively, the "Indemnified Entities") harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defence) Bitpowr or any other Indemnified Entity suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Services or the use of the Services by any person on your behalf, violates any applicable law or regulation, or the copyrights, trademark rights, or other rights of any third party.
  • Content
    • The Website and the Products contain content created and collected by Bitpowr, some of which is provided by third parties. Your rights to use such materials may be subject to additional terms and conditions. You are responsible for reviewing such terms and conditions and complying with them. Bitpowr does not warranty, express or implied, regarding any such third-party content.
  • Third-Party Applications
    • If you grant express permission to a third party to connect to your Bitpowr Account, either through the third party's product or through Bitpowr, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further, you acknowledge and agree that you will not hold Bitpowr responsible for, and will indemnify Bitpowr from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant.
  • Change of Control
    • If Bitpowr is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
  • Viruses
    • We do not guarantee that the Websites and Web app will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer program, phone, devices and platform to access the Website. You should use your own virus protection software. You must not misuse the Websites by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
    • We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
  • Intellectual Property
    • Our Content:
    • All content and materials, including but not limited to images, text, visual interfaces, information, data, and computer code, provided by us through our Services (our "Content") and all related intellectual property rights are the property of Bitpowr and/or its third-party licensors. Our content is protected by international intellectual property laws and treaties. You are permitted to use our content only on our Services. You may not copy, modify, sell, reproduce, distribute, republish, display, post, create derivative or collective works from, or transmit in any form (including in-line linking or mirroring) our content, in whole or in part, without our express prior written consent. You may not reverse engineer or reverse compile any of our Services or the technology used to operate our Services. Nothing in the Agreement or our Services grants you, by implication, estoppel, or otherwise, any licence or right to use our content except as expressly stated in the Agreement.
  • Our Partners' Intellectual Property:
    • Our Services may also display specific intellectual property, such as company, product, and service name and logos, owned by our partners (our "Partners' Intellectual Property"). Nothing in the Agreement or our Services grants you, by implication, estoppel, or otherwise, any licence or right to copy, modify, sell, reproduce, distribute, republish, display, post, create derivative works from, or transmit in any form (including in-line linking or mirroring) any of our Partners' Intellectual Property.
  • Disclaimer of Warranties
    • We try to keep Bitpowr available at all times, bug-free, and safe. However, you use it at your own risk.
    • Our Website and Services are provided “as is” without any express, implied and/or statutory warranties (including, but not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement of intellectual property rights). Without limiting the generality of the foregoing, Bitpowr makes no warranty that our Website and Services will meet your requirements or that our Website will be uninterrupted, timely, secure, or error-free. No advice or information, whether oral or written, obtained by you through our Website or from Bitpowr, its parents, subsidiaries, or other affiliated companies, or its or their suppliers (or the respective officers, directors, employees, or agents of any such entities) (collectively, "Bitpowr parties") shall create any warranty.
  • Limitation of Liability
    • You agree to the limited liability clause to the maximum extent permitted by applicable law: Bitpowr will in no way be liable for any direct, indirect, incidental, punitive, consequential, special, or exemplary damages or damages relating to failures of telecommunications, the internet, electronic communications, corruption, security, loss or theft of data, viruses, spyware, loss of business, revenue, profits, or investment, or use of software or hardware that does not meet Bitpowr’s system requirements. Bitpowr shall also not be liable for any damages, including damages resulting from revenue loss, profit loss, use, data, goodwill, business interruption, fraudulent or illicit acts perpetrated by Users, or any other intangible losses (whether Bitpowr has been advised of the possibility of such damages or not) arising out of Bitpowr’s Website or services (including, without limitation to inability to use or arising from the result of the use of Bitpowr’s website or services) whether such damages are based on warranty, tort, contract, statute, or any other legal theory.
    • Under no circumstances will Bitpowr or its affiliates be liable to you or to any person or entity claiming through you for any loss, injury, liability, or damages arising out of or in connection with your access to, use of, inability to use, or reliance on any of our third-party partner services or any of their products or services provided to you through or in connection with Bitpowr’s platform.
  • Exemption from Liability
    • The User of the Platform shall release Bitpowr from all claims that other Users or third parties may make against Bitpowr, whether through violation of their rights while using the Website and subject matter a User places on the Website or through their use of the Platform for other purposes. The User shall also bear the costs of any legal defence Bitpowr may require, including all court and solicitor's costs. This shall not apply if the User is not responsible for the infringement.
  • Indemnity
    • You agree to defend, indemnify, and hold Bitpowr, its officers, directors, employees, agents, licensors, and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.
  • Risk disclaimer
    • Bitpowr shall not act as a custodian, meaning that Bitpowr does not bear any custodian responsibilities concerning the safety of Client’s funds and does not hold Client’s funds for safekeeping to minimise the Client’s risk of funds loss. The Client acknowledges and understands this.
    • Bitpowr shall not be held liable in cases where the error occurs in the Client(s)’s account(s) and/or in cases of unauthorised access to the Client(s)’ account(s) and/or when any of the following actions of the Client result in loss of money and/or profit of the Client, end user(s), third parties:
    • i. transfer of API data (KEY, SECRET) to the third parties;
    • ii. transfer of credentials (login, password) to log in to the private client’s area;
    • iii. enabling/turning off 2FA verification;
    • i.v adding/removing IP addresses in/from the “white” list;
    • v. adding/removing accesses to wallets of third parties.
  • Exclusion
    • Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Bitpowr Party's liability shall be the minimum permitted under such applicable law.
  • Payment Terms and Fees
    • Payments through credit cards and debit cards are collected online by a third-party. The User is asked to enter the card number, the card's expiration date, and its security number. No data is saved. The money is deducted once the user checks out the payment."
    • A valid payment method is required to process the payment for the service you have opted for. You shall provide Bitpowr with accurate and complete billing information that may include but is not limited to full name, address, state, postal or zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorise Bitpowr to charge all fees incurred through your account to any such payment instruments.
    • Should automatic billing fail to occur for any reason, Bitpowr reserves the right to terminate your access to the Service with immediate effect.
    • Bitpowr, in its sole discretion and at any time, may modify fees for the Services. Any service fee change will become effective at the time of payment. The transactions are 100% secure. Except when required by law, paid service fees are non-refundable.
  • Data Protection
    • Bitpowr acknowledges and agrees that all data provided by the Parties, or to which it may be exposed, shall constitute Confidential Information and, where applicable, intellectual property belonging to the disclosing Party. Users are strictly prohibited from engaging in any kind of advertising with the postal or e-mail addresses or the contact information thus obtained.
    • In addition, Users shall agree to their personal data—i.e., particulars collected and/or entered on the Bitpowr Platform during the registration process, the setting up and handling of a transaction, or any other procedure being stored on Bitpowr servers. Bitpowr will only process and use such data in the execution and handling of the rights and obligations for which it is responsible under the contractual relationship or any other lawful basis.
  • Applicable Law
    • This Agreement, the Site Terms of Use, the other Terms of Service, and any Claim will be governed by and construed in accordance with the laws of the State of Delaware.
    • 1. Dispute Resolution
    • a. All disputes arising from this Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware. Any dispute arising from or relating to this Agreement, including any question regarding its existence, validity, contractual obligation, or termination by the Parties, shall be settled through amicable discussions. If such dispute is not resolved amicably within 1 (one) month, such dispute shall be resolved by the applicable court of competent jurisdiction. Parties agree that the defaulting party would be liable for litigation costs accruing to the contractual disputes.
    • 2. You and Bitpowr agree that any claims relating to these Terms of Use or your relationship with Bitpowr as a user of Bitpowr’s Services (whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) shall be brought against the other party in arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You and Bitpowr further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties, including Bitpowr.
    • 3. Compliance with Local Laws
    • It is the Users’ responsibility to abide by local laws in relation to the legal usage of Bitpowr in their local jurisdiction as well as other laws and regulations applicable to Users. Users must also factor all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities to the extent of their local laws. ALL USERS OF BITPOWR ACKNOWLEDGE AND DECLARE THAT THEIR FUNDS COME FROM LEGITIMATE SOURCES AND DO NOT ORIGINATE FROM ILLEGAL ACTIVITIES; USERS AGREE THAT BITPOWR WILL REQUIRE THEM TO PROVIDE OR OTHERWISE COLLECT THE NECESSARY INFORMATION AND MATERIALS AS PER RELEVANT LAWS OR GOVERNMENT ORDERS TO VERIFY THE LEGALITY OF THE SOURCES AND USE OF THEIR FUNDS. Bitpowr maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, or terminate Users’ accounts and funds which are flagged out or investigated by legal mandate.
  • Termination
    • You may terminate this Agreement by closing your Account.
    • We may suspend your Account and your access to our Services and any funds or terminate this Agreement if:
    • i. You do not comply with any of the provisions of this Terms of Use
    • ii. we are required to do so by a Law
    • iii. You have acted in a manner inconsistent with applicable laws
    • iv. you allegedly register or register in any other person’s name as a Bitpowr User again, directly or indirectly;
    • v. the information that you have provided is untruthful, inaccurate, outdated or incomplete;
    • vi. When these Terms are amended, you state your unwillingness to accept the amended Terms by applying for cancellation of your Bitpowr Account or by other means;
    • vii. You request that Bitpowr Services be terminated;
    • ix. we are directed by a financial institution; or
    • x. where a suspicious or fraudulent transaction occurs.
    • If you violate these Terms or any of our User T&Cs on the website, Bitpowr reserves the right to issue you a warning regarding the violation or to terminate or suspend your use of the Services immediately. We may also prohibit your use of the website by blocking computers using your IP address from accessing the website or contacting your Internet service provider to request that they block your access to the website and/or bringing court proceedings against you where there has been a violation of these Terms of Use. You agree that Bitpowr does not need to provide you notice before terminating or suspending your use of the Services, but it may provide such notice at its sole discretion.
    • If Bitpowr is informed that any Digital Assets or funds held in your Bitpowr Account are stolen or otherwise are not lawfully possessed by you, Bitpowr may, but has no obligation to, place an administrative hold on the affected funds and your Bitpowr Account. If Bitpowr does lay down an administrative hold on some or all of your funds or Bitpowr Account, Bitpowr may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to Bitpowr has been provided to Bitpowr in a form acceptable to Bitpowr. Bitpowr will not involve itself in any such dispute or the resolution of the dispute. You agree that Bitpowr will have no liability or responsibility for any such hold or for your inability to withdraw Digital Assets or funds or execute trades during any such hold.
    • You agree that you will comply fully with these Terms and all applicable domestic and international laws, regulations, statutes, and guidelines that govern your use of the Services. Without limiting the foregoing and in recognition of the global nature of the Internet, you agree to comply with all local and international rules regarding online conduct. You also agree to comply with all applicable laws affecting the transmission of content or the privacy of individuals.
  • Account closure
    • You can close your account or ask us to close it. However, you can only close your account and withdraw any pending funds if you do not have any open trade positions and have complied with the requested Know Your Customer procedures.
    • If you do not comply with these Terms, we may close your account and, where appropriate, withhold any funds accumulated.
    • If we determine that you have engaged in inappropriate behaviour, including using offensive language, we reserve the right to restrict or close your account.
  • Severability
    • Where any portion of this Terms of Use is deemed invalid or unenforceable either in whole or in part by any court or tribunal, such part shall be severed from the Terms of Use and shall not affect the validity or enforceability of any other part in this Terms of Use.
  • Dormant Accounts
    • Bitpowr reserves the right to close your account if your account is inactive and you have had zero balance over a period of 6 (six) months with no prior notice or compensation to you or your representative.
    • Bitpowr may provide a written notice requiring you to close all of your open positions and withdraw all of your Digital Assets from your Bitpowr Account within 30 days of the notice. If you fail to do so, Bitpowr may, in its absolute discretion and without prior notice to you:
    • 1. deem your Bitpowr Account as a dormant account;
    • 2. close any open positions in any Bitpowr products;
    • 3. close a dormant account at any time, and Bitpowr will not be liable for any loss, damage, or expense incurred by you due to the closure of a dormant account unless there was fraud or willful default by Bitpowr. Any assets in these dormant accounts will be transferred in accordance with Clause 43 below. After a dormant account is closed, it cannot be reactivated by you (i.e. you will need to register a new Bitpowr account if you wish to continue to use Bitpowr Services).
    • 4. Unclaimed Asset
    • If Bitpowr is holding Assets in your Bitpowr Account, and Bitpowr is unable to contact you and has no record of your use of the Services for several years, applicable law may require Bitpowr to report these funds as unclaimed property to the applicable jurisdiction. If this occurs, Bitpowr will try to locate you at the address shown in our records, but if Bitpowr cannot locate you, it may be required to deliver any such funds to the applicable state or jurisdiction as unclaimed property. In accordance with applicable law.
  • Updates, Modifications, and Amendments
    • As our technology evolves, we may need to update, modify, or amend our Terms of Use, tools, utilities, or general updates. We reserve the right to make changes to this Terms of Use at any time without notice to you.
    • Please check this page often, referring to the date of the last modification on the page to ensure you are familiar with the current version of the Terms of Use. If a User objects to any of the changes to the Terms of Use, the User must cease using our Website and/or Services immediately. The most current version of these Terms will be available on the Site and will supersede all previous versions of these Terms.
  • Complaints
    • If you have any complaints or reservations about us or any of the Services we provide, you may contact us via: [email protected]

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    Wallet Infrastructure
    Wallet Infrastructure
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