TERMS OF USE

ACCEPTANCE OF TERMS OF USE - BITSPIDER LTD.

By using this website ("Site"), registering for a BitSpider Account ("Account") or using any other BitSpider Services, you ("you, your, or yourself") are agreeing to accept and comply with the terms and conditions of use stated below ("Terms of Use"). You should read the entire Terms of Use carefully before using this Site or any of the BitSpider Services.

As used in this Terms of Use, "BitSpider", "we", "us" or "our" refers to BitSpider OÜ, Roosikrantsi 2, 10119 Tallinn, company number 14666754 its owners, directors, investors, employees. Depending upon the context, "BitSpider" may also refer to the services, products, website, content or other materials (collectively "BitSpider Services") provided by BitSpider.The Service operated by BitSpider allows merchants to accept Cryptocurrencies such as Ethereum and other ERC-20 tokens for online payments.

BitSpider OU is licensed by the Estonian Financial Intelligence Unit (FIU), which is an independent structural unit of the Estonian Police and Border Guard Board to provide the following services:

  • Providers of a virtual currency service and virtual currency wallet service (license no. FVT000006)

GENERAL

Bitspider is a platform that enables merchants to accept online payments for goods and services in cryptocurrencies. Bitspider is not a crypto exchange or a place to buy or sell cryptocurrencies. By using the services, you authorize us to act as your agent so we may receive, hold and disburse funds on your behalf and to take all actions that we think are necessary to provide the services and to comply with applicable law. Payments your customers make to Bitspider will be considered the same as payments made directly to you and will extinguish the customer's outstanding obligation, to the extent of the payment.

Depending on your country of residence, you may not be able to use all the functions of the Site. It is your responsibility to follow those rules and laws in your country of residence and/or country from which you access this Site and Services. As long as you agree to and comply with these Terms of Use, BitSpider grants you the personal, non-exclusive, non-transferable, non-sublicensable and limited right to enter and use the Site and the Service.

IF YOU DO NOT ACCEPT THE TERMS OF USE AND CONDITIONS OUTLINED IN THIS AGREEMENT, DO NOT ACCESS THIS SITE AND DO NOT USE THIS SERVICE.

By opening an Account, you expressly represent and warrant:

  • That you have accepted these Terms; and
  • That you are at least 18 years of age and have the full capacity to accept these Terms and enter into a transaction involving BTC, Ethereum and ERC-20 tokens.

MARKET RISKS

The business with virtual currencies involves significant risk. Prices can and fluctuate on any given day. Such price fluctuations may increase or decrease the value of your assets at any given moment. Any currency - virtual or not - may be subject to large swings in value and may even become worthless. Cryptocurrency market also has special risks not generally shared with official currencies or goods or commodities in a market. Unlike most currencies, which are backed by governments or other legal entities, or by commodities such as gold or silver, cryptocurrencies are backed by technology and trust.

There is no central bank that can issue more currency or take corrective measures to protect the value of Cryptocurrencies in a crisis. Instead, Cryptocurrencies are an as-yet autonomous and largely unregulated global system of currency firms and individuals. The users of Cryptocurrency market put their trust in a digital, decentralised and partially anonymous system that relies on peer-to-peer networking and cryptography to maintain its integrity. There may be additional risks that we have not foreseen or identified in our Terms of Use. You should carefully assess whether your financial situation and tolerance for risk is suitable for holding Ethereum, BTC or ERC-20 tokens.

LIMITED RIGHT OF USE

Unless otherwise specified, all Materials on this Site are the property of BitSpider and are protected by copyright, trademark and other applicable laws. You may view, print and/or download a copy of the Materials from this Site on any single computer solely for your personal, informational and/or non-commercial use, provided you comply with all copyright and other proprietary notices. The trademarks, service marks and logos of BitSpider and others used in this Site ("Trademarks") are the property of BitSpider and their respective owners. The software, text, images, graphics, data, prices, trades, charts, graphs, video and audio used on this Site belong to BitSpider. The Trademarks and Material should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, whether manual or automated. The use of any such Materials on any other Site or networked computer environment for any other purpose is strictly prohibited; any such unauthorised use may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

MAINTAINING YOUR ACCOUNT: OUR RULES

This Site is for your personal and non-commercial use only. We are vigilant in maintaining the security of our Site and the Service. By registering with us, you agree to provide BitSpider with current, accurate and complete information about yourself, as prompted by the registration process, and to keep such information updated. You further agree that you will not use any Account other than your own or access the Account of any other Member at any time or assist others in obtaining unauthorised access. The creation or use of Accounts without obtaining prior express permission from BitSpider will result in the immediate suspension of all said Accounts. Any attempt to do so or to assist others (Members or otherwise), or the distribution of instructions, software or tools for that purpose, will result in the Accounts of such Members being terminated. Termination is not the exclusive remedy for such a violation, and BitSpider may elect to take further action against you.

You are also responsible for maintaining the confidentiality of your Account information, including your password, safeguarding your own Cryptocurrencies, and all activity including Transactions that are posted to your Account. Any actions on the Site, transactions, orders and operations initiated from your Account or using your password (1) will be considered to have been made by you, and (2) is irrevocable once validated using your password or made through your Account. If there is suspicious activity related to your Account, we may, but are not obligated to, request additional information from you, including authenticating documents, and to freeze any transactions pending our review. You are obligated to comply with these security requests or accept termination of your Account. You are required to notify BitSpider immediately of any unauthorised use of your Account or password, or any other breach of security, by email to support@bitspider.com.

Any Member who violates these rules may be terminated, and thereafter held liable for losses incurred by BitSpider or any user of the Site. Lastly, you agree that you will not use the Service to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, terrorist financing, malicious hacking or any criminal or illegal activity.

We reserve the right to decline to process a transaction if we reasonably believe that it violates these Terms or would expose you or other parties to harm. If we reasonably suspect that your BitSpider account has been used for an illegal purpose, you authorize us to share information about you, your BitSpider account, and your account activity with law enforcement.

ACCOUNT VERIFICATION AND COMPLIANCE

The creation and use of your Account is subject to verifications, as required by statutory and regulatory obligations incumbent on BitSpider. You agree to provide us with the information we request such as your name, phone number, email address, and information relating to the ultimate beneficial owner, shareholders with more than 10% or the most senior individual from the organization, … for the purposes of identity verification, compliance with know-your-customer rules, as well as detection of money laundering, terrorism financing, fraud or any other financial crime. We will also ask you for information on your business, including your business’s legal name or DBA, physical address of the business, and your company's website. By providing us with the information we request, you confirm that it is true and accurate, and agree to inform us in case of change concerning such information. We may also obtain information about you from third parties, such as credit bureaus and identity verification services.

Your Account will be blocked until we will be satisfied with the information you have provided and determine in our sole discretion that it is sufficient to validate your Account. In the meantime, you will not be allowed to terminate your Account or request the deletion of the Personal Data processed in the course of verification operations. We have the right to reject your account verification or to close your BitSpider account, if you do not provide us with information as requested.

TERMINATION OF THE ACCOUNT

You may terminate this agreement with BitSpider, and close your Account at any time, following settlement of any pending transactions. You also agree that BitSpider may, by giving notice, in its sole discretion terminate your access to the Site and to your Account, including without limitation, its right to: limit, suspend or terminate the service and Members' 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 Members off the Site if we suspect that they are creating problems or possible legal liabilities, 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 Accounts of Members for any reason, including without limitation: (1) attempts to gain unauthorised access to the Site or another Member's account or providing assistance to others' attempting to do so, (2) overcoming software security features limiting 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) a failure to pay or a fraudulent payment for Transactions, (6) unexpected operational difficulties, or (7) upon the request of law enforcement or other government agencies.

Upon termination, Members shall send details of a valid bank account to allow for the transfer of any currencies credited to their account. This bank account must be held by the Member. BitSpider shall transfer the currencies as soon as possible following the Member's request and within the time frames specified by BitSpider. BitSpider will send you the credit balance of your Account; however, in certain circumstances a number of intermediaries may be involved in an international payment and these or the beneficiary bank may deduct charges. We will make all reasonable efforts to ensure that such charges are disclosed to you prior to sending your payment; however, where they cannot be avoided, you acknowledge that these charges cannot always be calculated in advance, and that you agree to be responsible for such charges. Upon Account closure, any amount less than Eur 5 in value will not be returned.

MERCHANT'S OBLIGATIONS

You must keep all records needed for fulfilling the goods or services sold to the customer and providing any post-sale support to the customer. If the sale of the item requires any government registration, you are responsible for such registration. BitSpider is required to maintain records of all documentation and information collected for your merchant account for the duration that your account is active, and up to 5 years thereafter.

Consistent with your local laws and regulations, you are solely responsible for obtaining any information required of those who purchase your goods or services. We will not be responsible for your failure to adequately verify your customers' identities or qualifications.

You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection your use of our software and services. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction.

PAYMENTS REGULATIONS

EXCHANGE RATES

To create an invoice for your customer, you may post a request to BitSpider to collect a specific amount in your local currencyor in any of the supported cryptocurrencies. BitSpider will pull the exchange rate, where applicable, and provide the payment instructions to you for you to display to the customer. We guarantee the exchange rate to you as long as the customer pays within the proper time window after the invoice is created. Invoice timeout information is clearly displayed on each BitSpider invoice. While we guarantee the exchange rate as long as the customer pays within such time window, you agree that you assume the volatility risk of your local currency or the applicable cryptocurrency.

BTC CONFIRMATIONS

For any payments that are made using the bitcoin blockchain, an invoice is considered complete by us after the payment has six (6) block confirmations. You have the option to inform your customer earlier about the status of the invoice; please note that BitSpider is not liable for settling invoices with a payment that never receives six (6) block confirmations. BitSpider employs techniques to detect payments that are at risk of never receiving six (6) bitcoin block confirmations, however these measures do not completely eliminate the risk associated with unconfirmed payments.

FEES
  • 0,5% Merchant fee
  • Network fee and miner fee, both paid by your customer

SETTLEMENT

We will verify your customer’s payments over the cryptocurrency peer-to-peer payment network and post the balance to your accounting ledger, according to your preference settings. The debits and credits to your accounting ledger are funds temporarily held by BitSpider until settlement to your bank account can take place. Any supported cryptocurrency accepted by BitSpider on your behalf must be settled to a cryptocurrency wallet that you provided. BitSpider is not liable for any losses incurred as a result of improperly reported or designated wallet addresses that you provide.

You can request for the withdrawal in your BitSpider merchant dashboard and get your fiat settlements 24/7 via Sepa Instant Credit Transfer (SCT Inst).

BANK ACCOUNT

You must provide us with written notice at least one (1) business day prior to closing your connected bank account. If you wish to continue to receive direct deposits, you must provide us with information for a substitute bank account. You are solely liable for all fees and costs associated with your bank account and for all overdrafts. You are also liable to us for any fees that we may incur based on your provision of inaccurate information or instructions We will not be liable for any delays in receipt of funds or errors in bank account entries caused by third parties.

We can provide you with the bank account and Mastercard per your request. Please contact us at support@bitspider.com for more information.

PAYMENT EXCEPTIONS

In certain situations when an invoice is not fully paid or overpaid, it will result in a payment exception. You can resolve payment exceptions from the BitSpider merchant dashboard.

Underpayments

Underpayments occur when the customer sends less than the full amount required to mark the invoice as fully paid. Since the invoice is not fully paid or complete, the funds do not get applied to the merchant ledger. BitSpider will send an email to the customer allowing the customer to request a refund for the partial payment. The customer also has the ability to request a refund of the partial payment directly from the invoice. If you want to accept underpayments, you can enable this in your BitSpider merchant dashboard. In this case BitSpider will adjust the invoice price to the amount paid, instead of refunding the underpayment.

Overpayments

Overpayments occur when an invoice receives excess funds. In cases such as this, this invoice passes through the state of being paid in full and is marked as an overpayment. Once the invoice is status is "complete", the funds to mark the invoice as fully paid are applied to the merchant ledger. However, the excess funds are not applied. BitSpider will send an email to the customer allowing the customer to request a refund for the excess funds. The customer also has the ability to request a refund of the excess funds directly from the invoice.

Orphan Payment

Orphan Payments occur when a transaction is received outside the time window marked on the invoice. Any payments sent to the expired address will show up in BitSpider’s system as an orphan payment. For more information or to resolve orphaned payments, either you or the customer will need to reach out to our support team with the appropriate information.

Unclaimed Property

If a payment exception is made and BitSpider receives cryptocurrency, and BitSpider is unable to contact you or your customer and has no record of you or the customer's use of the Services for several years, applicable law may require BitSpider to report these funds as unclaimed property to the applicable jurisdiction. If this occurs, BitSpider will try to locate you or your customer using the notification information shown in our records, but if BitSpider is unable to locate either, it may be required to deliver any such funds to the applicable state or jurisdiction as unclaimed property. BitSpider reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.

ERC-20 EXCEPTIONS

You can always find the list of accepted cryptocurrencies and fiat currencies in your BitSpider merchant dashboard or the BitSpider website. We can, per the request, add any ERC-20 to the list, but you aknowledge that the ERC-20 cannot be added until the review of the market and liquidity status of the particular token. For example, if there's no market for the token, Merchant will get the settlement in the token only; If there is no liquidity for certain exchange pair token/fiat we have the right to change the suitable fiat currency.

REFUNDS

BitSpider is not responsible for Merchant refund policies. We do suggest Merchants have a clear refund policy for their customers.

BitSpider can facilitate cryptocurrency refunds on your behalf. You can decide to issue a partial refund or refund the full amount of the initial purchase. You can also decide whether to issue the refund denominated in your local currency or in a supported cryptocurrency. If you do not have enough funds in your BitSpider account to cover the refund, BitSpider may require you to deposit a cryptocurrency or fiat to BitSpider to cover the refund to the Customer. Any required currency conversion during the refund process will be calculated at a spot rate determined by BitSpider.

If a payment exception is not refunded by you within 30 days after the invoice creation date, you will only be able to refund (and not accept) the payment exception and BitSpider will lock the applicable cryptocurrency/your local currency exchange rate exactly 30 days after the date and time of invoice creation.

For any refunds of payment exceptions that occur after the 30-day window, the locked exchange rate is used to determine the amount of cryptocurrency that will be refunded. The cryptocurrency balance is converted to USD on the 30th day. Additionally, because of the cryptocurrency price fluctuations, BitSpider will only refund the cryptocurrency amount sent to BitSpider or the your local currency, whichever is less. Any refunds of payment exceptions that happen prior to this 30-day window will be refunded in the exact amount of cryptocurrency originally received.

CUSTOMER COMPLAINTS

Customers filing complaints with BitSpider about a purchase will be forwarded to you for resolution. BitSpider reserves the right to terminate accounts which receive excessive complaints.

WALLET

While the Software has undergone beta testing and continues to be improved, we cannot guarantee there will not be bugs in the Software. You acknowledge that you use the Software at your own discretion and in compliance with all applicable laws. You are responsible for safekeeping your passwords, private key pairs, PINs, and any other codes you use to access the Software.

IF YOU LOSE ACCESS TO YOUR WALLET OR YOUR ENCRYPTED PRIVATE KEYS AND YOU HAVE NOT SEPARATELY STORED A BACKUP OF YOUR WALLET AND CORRESPONDING PASSWORD, YOU ACKNOWLEDGE AND AGREE THAT ANY CRYPTOCURRENCY YOU HAVE ASSOCIATED WITH THAT WALLET WILL BECOME INACCESSIBLE.

All transaction requests are irreversible. The authors of the Software, employees and affiliates of BitSpider, copyright holders, and BitSpider Inc. cannot retrieve Your private keys or passwords if You lose or forget them and cannot guarantee transaction confirmation as they do not have control over the network.

AVAILABILITY OF SERVICES

All services are provided without warranty of any kind, either express or implied, and in particular without implied warranties of merchantability and fitness for a particular purpose. We do not represent that this Site will be available 100% of the time to meet your needs. We will strive to provide you with the Service as soon as possible, but there are no guarantees that access will not be interrupted, or that there will be no delays, failures, errors, omissions or a loss of transmitted information.We will use reasonable endeavours to ensure that the Site can be accessed by you in accordance with these Terms of Use. However, we may suspend use of the Site for maintenance and will make reasonable efforts to give you notice of this. You acknowledge that this may not be possible in an emergency, and accept the risks associated with the fact that you may not always be able to use the Site or carry out urgent transactions using your Account.

OPERATING TIMES

Bitspider operating times are Monday to Friday between 9 and 16 CET. During these times your transactions will be processed as soon as possible. We reserve the right to change our operating times at any time; all changes will be publicly announced.

Any transaction received outside our operating hours, will be processed the next working day. BitSpider is not responsible for the possible price fluctuations that may increase od decrease the value of your transaction if sent outside the operating hours.

Block confirmation times are determined by the network, not by BitSpider.

EXTERNAL WEBSITES

BitSpider makes no representations whatsoever about any external or third-party website you may access through the Site. Occasionally, the BitSpider website may provide references or links to other websites ("External Websites"). We do not control these External Websites or third-party sites or any of the content contained therein. You agree that we are in no way responsible or liable for the External Websites referenced or linked from the BitSpider website, including, but not limited to, website content, policies, failures, promotions, products, opinions, advice, statements, prices, activities and advertisements, services or actions and/or any damages, losses, failures or problems caused by, related to, or arising from those sites. You shall bear all risks associated with the use of such content. External Websites have separate and independent terms of use and related policies. We request that you review the policies, rules, terms and regulations of each site that you visit. It is up to you to take precautions to ensure that whatever you select for your use is free of items such as viruses, worms, Trojan horses and other items of a destructive nature.

FINANCIAL ADVICE

For the avoidance of doubt, we do not provide any investment advice in connection with the Services described in these Terms of Use. We may provide information on the price, range and volatility of Cryptocurrencies that are available on our platform and events that have affected the price of such Cryptocurrencies, but this must not be considered investment advice nor should it be construed as such. Any decision to use certain coin or token is solely your decision and we shall not be liable for any loss suffered.

DATA PROTECTION

Privacy is very important to us. Full details of our Privacy Policy can be found at Privacy Policy. We recommend that you read the Privacy Policy carefully, so that you know the data that we collect, how we use the data and who we share your data with.

Unencrypted email messages sent over the Internet are not secure and BitSpider is not responsible for any damages incurred by the result of sending email messages in this way. We suggest sending email in encrypted formats; you are welcome to send PGP encrypted emails to us. The instructions and keys to do so are available upon request. If you send unencrypted or unsecured email or other types of communications to us, we may respond using the same channels and you hereby accept the risks associated therewith.

We store and process your Personal Data in data centres around the world, wherever BitSpider facilities or service providers are located. As such, we may transfer your Personal Data outside of the European Economic Area ("EEA"). Such transfers are undertaken in accordance with our legal and regulatory obligations. Please refer to our Privacy Policy for further details.

DISCLOSURES TO LEGAL AUTHORITIES AND AUTHORIZED FINANCIAL INSTITUTIONS

We may share your Personal Data with law enforcement, data protection authorities, government officials, and other authorities when:

  • Required by law;
  • Compelled by subpoena, court order, or other legal procedure;
  • We believe that disclosure is necessary to prevent damage or financial loss;
  • Disclosure is necessary to report suspected illegal activity; or
  • Disclosure is necessary to investigate violations of our Terms of Use or Privacy Policy.

For further information on how we process your Personal Data, please refer to the Privacy Policy.

JURISDICTION

The Terms of Use shall be governed and construed in accordance with the law of Estonia. The parties hereto agree to irrevocably submit to the exclusive jurisdiction of the courts of Estonia.

LIMITATION OF LIABILITY

To the extent permitted by law, BitSpider will not be held liable 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 arose from negligence or willful deceit or fraud. Nothing in these terms excludes or limits the liability of either party for fraud, death or personal injury caused by its negligence, breach of terms implied by operation of law or any other liability which may not be limited or excluded by law. Although BitSpider endeavors to provide accurate and timely information on the Site, the Site may not always be entirely accurate, complete or current and may include errors. We may change or update the Site at any time without notice, and you should accordingly verify with independent sources all information before relying on it to take decisions or actions. You remain entirely responsible for your decisions and actions. Subject to the foregoing, BitSpider's aggregate liability for claims based on events arising out of or in connection with any single Member's use of the Site and/or Service, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the greater of either (a) the total amount held on Account for the Member making a claim less any amount of Commission that may be due and payable in respect of such Account; or (b) 125% of the amount of the Transaction(s) that are the subject of the claim less any amount of Commission that may be due and payable in respect of such Transaction(s).

INDEMNITY

To the full extent permitted by applicable law, you hereby agree to indemnify BitSpider and its partners against any action, liability, cost, claim, loss, damage, proceeding or expense suffered or incurred if direct or not directly arising from your use of BitSpider's Sites, your use of the Service or from your violation of these Terms of Use.

MISCELLANEOUS

If we are unable to perform the Services outlined in the Terms of Use due to factors beyond our control including but not limited to an event of Force Majeure, change of law or change in sanctions policy, we shall not be liable for the Services provided under this agreement during the time period coincident with the event.

MODIFICATION OF TERMS

BitSpider reserves the right to change, add or remove parts of these Terms at any time and at its sole discretion. You will be notified of any changes in advance through your Account. Upon such notification, it is your responsibility to review the amended Terms. Your continued use of the Site following the posting of a notice of changes to the Terms signifies that you accept and agree to the changes, and that all subsequent transactions by you will be subject to the amended Terms.

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 support@bitspider.com.