binibit USER AGREEMENT
The edition is valid from May 10 2023
RISK DISCLAIMER
The value of virtual currency is highly volatile, the value can go up or down at any time and may pose a significant risk to the User. understands, acknowledges and accepts that he may lose money at the time of purchase, sale or any other transaction with Digital Assets.
The User must carefully study the information about whether trading Digital Assets and/or Cryptocurrency is appropriate for him in light of his own financial condition and circumstances.
The Company does not own or control the underlying software protocols that govern the operation of cryptocurrency or Digital Assets, generally the underlying software protocols are ``open source` and anyone may use, copy, modify and distribute them.
The Company does not accept any responsibility for operation of the underlying software protocols and cannot guarantee their functionality, security or availability. The User acknowledges and accepts the risk that the underlying software protocols relating to any cryptocurrency or Digital Assets that the User holds in his Account may change.
Once Once a withdrawal of cryptocurrency or Digital Assets has been requested by the User, binibit does not have the ability to cancel the transaction. The User, and only the User, bears full responsibility for any withdrawal transaction.
By registering on the Platform, the User assumes all possible risks of the cryptocurrency market.
Access to the Platform services is limited, please ensure that you meet the eligibility criteria set forth in this Agreement. binibit does not currently provide services to residents or citizens of the United States.
The User accepts the terms of this agreement if he has checked the required box in the special field under the heading “I accept the terms of the User Agreement” in the registration form and by clicking on the “Continue” button after the registration form.
The User undertakes to independently monitor new versions of the Agreement. By continuing to use the Platformafter the changes come into force, the User automatically accepts the new version of the Agreement. If The User does not agree with the terms of the new version of the Agreement, he should stop using the Platform.
The use of multiple accounts that are referrals to each other is prohibited on the binibit Platform. The Exchange is considering this the violation is considered gross, it leads to the nullification of referral links and referral payments. The exchange also reserves the right to fully then refuse service to the violator. The conditionsfor using the Referral Program are specified in clause 5.3. Agreements.
Contents:
- Subject of the agreement
- Terms used in the agreement
- Rights and obligations of the parties
- Access to use of the account
- Services
- Responsibilities of the Parties
- Company Fees
- Warranties
- Governing Law and Dispute Resolution
1.1. This agreement (hereinafter referred to as the Agreement) contains the rules and conditions for the use of the binibit electronic platform, located at https://binibit.com/ on the Internet (hereinafter referred to as the “Platform”) and terms of access to the services provided by the Platform and is concluded between binibit, a company (hereinafter referred to as the Company), and the user of the Platform (hereinafter referred to as the User) - an individual who has completed the registration procedure on the Platform for the purpose of individual use of the Platform.
1.2. This Agreement is an electronic agreement between the User and the Company regarding the User’s use of the Services provided by the Company. Any other written or oral agreements previously existing between the User and the Company regarding such use are hereby superseded and cancelled. binibit hereby grants the User a non-exclusive license to access the Platform, and also allows the use of the Services solely for the purpose of the User's operations in accordance with the terms of this Agreement.
1.3. All content of the Platform (including texts, graphic elements, user interfaces, photographs, trademarks, logos, sounds, music, works of art, computer codes, web design and site structure, selection, coordination and arrangement of content on the web -sites and/or mobile applications) is owned, controlled or licensed by binibit, and is protected by trademarks, patents and other proprietary rights, including intellectual property.
1.4. The Agreement is considered accepted by the User if the User has provided the required mark in the special field under the heading “I accept the terms of the User Agreement” in the registration form and has expressed his consent and acceptance of the terms of this Agreement by clicking on the button “Continue” after the registration form.
2. Terms used in the agreement
“Account” – account (account) created by the User on the Platform and containing Account data, information about the quantity and composition of cryptocurrency and assets in fiat equivalent, available for viewing in the User Personal Account;
“User” – an individual who has completed the registration procedure on the Platform, who has reached the legal age allowing to make monetary transactions, transactions with cryptocurrency, carry out purchase and sale transactions, in in accordance with the legislation of their state;
“Services” – The Platform provides Users with services for using the Cryptocurrency Exchange, Mining Pool;
“Digital assets” – funds deposited by the User in fiat currency and/or cryptocurrency to the Account balance, as well as coins, tokens and other assets received by him as a result of using the Services.
“Cryptocurrency Exchange” is a digital platform on the Platform intended for trading Digital assets using fiat currencies;
`Mmining pool`, is a digital platform on the Platform designed to pool the power of Users' personal equipment in order to increase the likelihood of finding a block.
, `Platform` `binibit`, – binibit digital platform located at https://binibit.com/ on the Internet, providing Services to Users, which is a collection of data, software , websites, mobile applications, domain names, including any subdomains, digital content, intellectual property. If the domain or material of the Platform should be changed for any reason, it shall include the Platform after any such changes;
“Company” - operator of the Platform, carrying out activities for technical, legal and other support of the Platform, as well as Users of the Platform, on a contractual basis, authorized to accept and process claims addressed to binibit, make changes to the operation of the Platform, the content of the Platform website, documentation, n presented on the Platform website and other local regulations;
“Privacy Policy” – rules for the collection, storage, distribution and protection of Personal data , received by the Platform from Users, which are an integral part of the Agreement, and which is available at the link – Privacy Policy ;
“Agreement” – this User Agreement agreement and its integral parts, taking into account all additions and/or changes;
“Verification procedure” – means an identification authentication procedure using biometric data, including fingerprints, facial recognition, copies of the User's documents, contact details, proof of residence in any area, which the Company may require;
“Credentials” – means a set of user identification data, password, code, UID – a unique identification number, token and any other information or device provided To the User to access the Platform;
“Personal data” – information that identifies a person, such as name, address, email address , informationabout tenders and bank details, biometric data. The term “Personal Data” does not include anonymous and/or aggregated data that does not make it possible to identify a specific User;
“binibit code” – a method of transferring value between binibit users by attaching the fiat value of the code to a one-time set of symbols, which, if activated in the Personal Account of any User, replenishes his balance with the corresponding amount of funds;
“Authorized Person” – means an individual who, after passing the Verification Procedure, with prior agreement with the Company, has the right to act on behalf and in the interests of the User ;
“Personal User Account” – is provided to the User via an individual link (“My Profile” in the Platform menu) to access An account on the Platform, or a person authorized on its behalf.
“P2P Platform” (peer-to-peer) — is an exchange that directly connects buyers and sellers and allows them to conduct global peer-to-peer transactions, create their own Orders (ads), choose from available offers from other users.
“Order” – is a personal application by the User to buy or sell cryptocurrency. Each Digital Asset may be listed in pairs with another Digital Asset. An order can be placed both on the P2P Platform and Cryptocurrency Exchange.
“Referral Program” – affiliate program, thanks to which the user of the Platform can become a Referral Partner by initiating the registration of a Referral using his Referral Link. The referral program operates according to the rules described in clause 5.3 of this Agreement and applies to users of the Platform voluntarily participating in the program.
`Referral partner`, – a user of the Platform who initiated the registration of a Referral using his Referral link and receives Referral accruals to his account.
“Referral” – Platform user who registered using the Referral Partner’s Referral Link.
“Referral Link” – a link to one of the Platform pages containing the unique identifier of the Referral partner. The referral link is available in the user’s personal account of the Platform, and is located in a special tab “Affiliate program”.
“Referral accruals” – accruals to the Referral Partner’s account. The amount of Referral accruals depends on the Referral reward (in %) and the turnover of the Referral network.
“Referral bonus” – a one-time bonus credited to the Referral's account as part of the marketing program.
“Referral payments” – Referral payments , withdrawn from the account to the ruble account after passing the verification.
“Referral network” – all Referrals of one Referral partner .
“Turnover of the referral network” – the turnover (volume) of all exchange transactions of Referrals of one Referral partner for a certain period .
“Referral reward” – the percentage of the trading commissions of the Referral Network received by the Referral Partner.
“Affiliated Account” – an additional account managed by the owner of an existing user account on the Platform.
3. Rights and obligations of the parties
3.1. THE COMPANY HAS THE RIGHT:
3.1.1. At any time, make changes to the terms of the Agreement The Company has the right to make changes to this Agreement at any time and Privacy Policy unilaterally, changes take effect immediately after publication in the new version of the Agreement on the Internet at https://binibit.com/ and Privacy Policy .
3.1.2. Unilaterally change the amount of commissions charged for operations and/or transactions performed by the User on the Platform.
3.1.3. To ensure security, the Company may limit the withdrawal of cryptocurrency from the Useraccount, the creation of binibit codes, as well as the exchange of cryptocurrency in the P2P section of the Platform for a period of 6 (six) hours from the momentthe first replenishment of the Useraccount with fiat currency. n
3.1.4. Suspend access to the provision of Services at any time, for technical reasons, since there are external factors that may affect the continuous provision of Services.
3.1.5. Suspend, limit or permanently revoke the User's access to the Account at any time and for any period, with notification to the User, in the event that the User violates any of the provisions of the Agreement or other agreements that may be associated with the User's use of the Services.
3.1.6. Make changes to the Platform interface, texts, graphic elements, design, images, photos and video materials and other results of intellectual activity, as well as a set of computer programs contained in the information system, provide making such information available at https://binibit. com/ , including any subdomains.
3.1.7. At its discretion, limit the number of accounts that the User can hold, maintain or acquire.
3.1.8. At any time, request personal information from the User, which may include photos and/or copies of the User's documents, payment bank card or any other document/information that the Company considers necessary.
3.1.9. Terminate access to content or services upon receipt of a request from law enforcement agencies or other government agencies.
3.1.10. In the event that the User's trading activity appears unusual or anomalous, the Company, at its discretion, has the right to stop processing the User's trades until the situation is clarified, requesting further verification, or requesting necessary documentation as may be required by law or n agreement with counterparties.
3.1.11. If an event of default occurs on the Platform, indicate the date of termination and liquidation of all existing Orders. On or before the date of liquidation, the User is obligated to make any additional payments in accordance with the User's active orders. The Company may otherwise liquidate any open position to cover required payments.
3.1.12. Does not provide services in all markets and jurisdictions and may limit or prohibit the useof the Platform in some countries at our discretion.
3.1.13. In accordance with Directive of the European Parliament and the Council of the European Union 2015/849 of May 20 2015, binibit may limit or prohibit the use of all or part of the services, or permit the use of services only after passing the due diligence procedure, for clients associated with the following high-risk countries/areas: Albania, Burkina Faso, Barbados, Cayman Islands, Cambodia, Haiti, Jamaica, Jordan, Mali, Malta, Morocco, Myanmar, Nicaragua, Panama, Philippines, Senegal, Bahamas, Barbados, Botswana, Cambodia, Ghana, Iraq, Jamaica, Mauritius, Myanmar, Nicaragua, Panama, Trinidad and Tobago, Vanuatu, Canada, Japan, Mongolia, Taiwan, Venezuela.
3.1.14. Suspend, limit or block (temporarily or indefinitely) the User's access to the Account at any time, with notification to the User, if facts are discovered or suspicions arise that the User is using the Platform for purposes other than its intended purpose. purposes, or does not carry out any actions to use his Account for the purpose of buying, selling and/or moving cryptocurrency and Digital assets for more than 7 days. At the same time, a number of the services of the Exchange/Company may become unavailable to the User for a certain/indefinite period of time if there is suspicion or established facts of use (attempts to use) the Platform as a fiat currency depository.
3.2. THE COMPANY OBLIGES:
3.2.1. Provide the User with a digital Platform for using the Services.
3.2.2. Maintain the security of the User Account, do not transfer Credentials and Personal Data to third parties without his consent. Ensure the safety of the User's Account and Personal Data by monitoring the state of the system, software, timely maintenance of equipment, anti-virus checks and installing comprehensive protection systems against unauthorized access.
3.3. THE USER HAS THE RIGHT:
3.3.1. Carry out transactions for the purchase and sale of cryptocurrency at your own expense*.
3.3.2. Deposit and withdraw funds in fiat equivalent to personal accounts.
3.3.3. Select one currency for the Account registered by him and conduct an exchange between fiat currencies and cryptocurrencies.
3.3.4. Make transactions with fiat currency only as part of transactions for the purchase/sale of cryptocurrencies.
3.3.5. Psubmit a request to the Company's technical support support@binibit.com for suspension, changing or deleting the Account, Account, Personal data.
3.3.6. Use the information specifically provided by the Platform to view or download from the website or mobile applications for personal purposes only.
3.4. THE USER OBLIGES:
3.4.1. Not to use the Platform or Services for any illegal purposes or other purposes not mentioned in the Agreement, not to transfer Credentials to any third party, and not to use the Platform for the benefit of any third party in any way .
3.4.2. Use any automatic device, program algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the websites, mobile applications or content, or in any way replicate or circumvent the navigational structure or presentation of websites, mobile applications, or any content in order to obtain or attempt to obtain any materials, documents or information through any means.
3.4.3. Attempt to gain unauthorized access to any portion or feature of the Company Services, or any other systems or networks connected to the Company Services or to any server thereon, by hacking"mining" passwords or any other unlawful means, including the use of virtual private networks or any other mechanism that would facilitate prohibited use/access to content or Services.
3.4.4. Do not probe, scan or test the vulnerability of technical services or any networks connected to the Platform services, or violate security measures or authentication procedures, or forge, falsify, or alter any provided documents or Personal Data .
3.4.5. Not attempt to track any information about any other User or visitor to the Platform's websites or mobile applications, including any account on the Platform's websites or mobile applications not owned by the User or use any Service or information provided by the Company including, but not limited to, Credentials or Personal Data other than personal information of the User as provided by the website or Platform.
3.4.6. Not use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction conducted on the Websites or mobile applications of the Platform.
3.4.7. Not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmission of data from the Platform through the Websites.
3.4.8. Do not use the Platform services for any purpose that is illegal or prohibited by this Agreement or request the performance of any illegal activity that violates the rights of the Company or other persons.
3.4.9. Do not use the Account for the purpose of exchanging fiat currencies.
3.4.10. Immediately notify the Company if you discover or suspect a violation of security associated with the User's account on the Platform website.
3.4.11. Do not create multiple Accounts for personal use.
3.4.12. Monitor new versions of the Agreement independently. By continuing to use the Platform after the changes come into force, the User automatically accepts the new version of the Agreement. If the User does not agree with the terms of the new version of the Agreement, he should stop using the Platform.
4. Conditions of access to using your account
4.1. The Platform makes available a unique wallet address for each Account so that the User can deposit virtual currency into and out of that Account. this Account funds to an external wallet of the User's choice.
4.2. The Platform acts as a custodian of the virtual currency stored in the User Account on the Platform website, and does not have access to the User Account on the Platform website, and does not have the ability to initiate any transactions on the User accounts. Any transactions are the responsibility of the User.
4.3. binibit codes (fiat codes) that are generated but not used for more than 6 (six) months will be blocked. To unlock the corresponding binibit code, the User must contact support at: support@binibit.com , or online chat on the website https://binibit.com/ and undergo re-identification (remote KYC procedure, personal presence at the representative office of the Company) or provide additional information in accordance with the requirements of employees Companies.
4.4. In order to conclude an agreement with the User, the Company is obliged to request Personal Data from the User, which may include copies of the User’s documents, biometric data, contact details, evidence of residence in a particular area, etc.
4.5. By law, the Company is required to collect personal information about the User as part of the Know-Your-Client practice (KYC) and Anti-Money Laundering (AML) and the prevention of terrorist financing (The FATF Standards).
4.6. Before crediting any funds to the User's Account, the Company has the right at any time to request certain personal information from the User, which may include Biometric data and/or providing a copy of the User's documents, payment bank card, and any other document/information that the Company considers necessary.
4.7. To complete the Verification Procedure, requiring personal presence at the Company’s representative office in Istanbul, receiving face-to-face consultation, or performing transactions for depositing and withdrawing funds, the user is obliged to contact the support service in advance at: support@binibit.com , or online chat on the website https://binibit.com/ , for the purpose of issuing a pass at the entrance to the office building.
4.8. To ensure security, the Company introduces restrictions on the number of Authorized Persons specified during the Verification Procedure. When passing the Verification Procedure, a new User may indicate one individual who will be able to act on his behalf when carrying out transactions with the Platform. The Company reserves the right to provide Users with individual conditions for using the Platform.
5.1. CRYPTOCURRENCY EXCHANGE
5.1.1. The Company provides a digital Platform where buyers and sellers of cryptocurrency can carry out transactions for the purchase and sale of cryptocurrency, including for fiat currency under the conditions determined by this Agreement.
5.1 .2. Any User registered on the Platform can become a participant in the Cryptocurrency Exchange.
5.2. MINING POOL
5.2.1. The company provides a digital Platform and a “special server”which receives and divides a large task into several small ones among the connected equipmentUsers, to combine the equipment power of several miners, which increases the likelihood of finding a block. Profit received as a result of finding a block is considered Digital Assets, for operations with which the Company charges a commission in accordance with the conditions defined in Section 7 of the Agreement.
5.2.2. Any User registered on the Platform can become a member of the Mining Pool.
5.2.3. When using the Mining Pool Service, the User connects his own equipment to a “special server”. The Company is not responsible for the safety and technical condition of the User's equipment.
5.2.4. Profit for a block mined by the pool is distributed in equal shares among all Users.
6. Responsibility of the parties
6.1. USER RESPONSIBILITY:
6.1.1. The User is solely responsible for the password that the User assigns to the Account, for its security and protection against disclosure of information.
6.1.2. The User is fully responsible for all actions related to the use of the Services through his Account using a password, as well as for the security of his own computer systems and technical equipment.
6.1. 3. In the event of losses to the Company due to the User's fault, the User undertakes to compensate actual damage and lost profits to the Company, its officers, directors, shareholders, successors, employees, agents, subsidiaries and branches.
6.1.4. The User bears full responsibility for the use of the Services, his own actions when using the Platform, operations, deals, transactions, provided information and documentation.
6.1.5. The User acknowledges and accepts that any transaction made on the blockchain is irreversible, The User is solely responsible for providing correct information about the recipient's wallet for transfer of Digital Assets in the Platform services.
6.1.6. The user does not have the right to use several accounts that are referrals to each other for the purpose of receiving referral savings, as well as carry out any other fraud with referral links/program. In case of violation of this clause, the User bears responsibility in accordance with clause 3.1.14. of this Agreement.
6.2. COMPANY RESPONSIBILITY:
6.2.1. Except as required by law, the Company shall not be liable to the User for any damages, lost profits, material damage, indirect damages or loss of profits, even if the Company has been advised of the possibility of such damage.
6.2.2. The Company is not responsible for events beyond its control, such as transactions processed through the blockchain for a specific Digital Asset.
6.2.3. Buyers and sellers of Digital Assets trade with each other. The Company is not a counterparty to any transactions made by the User.
6.2.4. In the event that the Company takes any legal action against the User as a result of the User's violation of the terms of this Agreement, the Company will be entitled to reimbursement of the costs incurred by it, and the User agrees to pay all reasonable legal fees and costs of such legal action, in in addition to any other expenses incurred by the Company.
6.2.5. The User agrees that the Company will not be liable to the User or any third party for termination of the User's access to the Company Services as a result of any violation by the User of the terms of this Agreement.
6.2.6. Depending on the User’s place of residence, there may be other factors that will limit Users from using all or part of the Services. The User is responsible for compliance with the relevant laws in force in the territory of his residence (registration) and/or the territory of residence from which the User enters the site and/or the Platform and/or uses any Services.
7.1. The company charges commissions on transactions with Digital y assets of Users depending on the currency of the User account.
7.2. Amount and terms of charging commissions for transactions on the Cryptocurrency Exchange and P2P Exchange, as well as for other Services , provided by the Company on the Platform, are posted in the section “Rules and commissions” on the website https://binibit.com/rules-and-commissions
7.3. The user undertakes to independently monitor the conditions for charging commissions and their changes on the website Platform.
7.4. Company commissions are charged independently of and in addition to blockchain commissions when withdrawing the corresponding cryptocurrencies to wallets outside the Platform.
8.1. The user acknowledges that he understands that transactions in the nature of money laundering may be blocked.
8.2. The Company is not affiliated with or endorsed by any third party; The company does not cooperate or work with any third party including, but not limited to, providers of various services such as casinos, binary brokers, forex brokers, etc.
8.3. The company operates independently of regulated or unregulated brokers.
8.4. The Company does not have access to the User's Digital Assets and cannot independently initiate transactions from your account.
8.5. The Company does not guarantee that the Services will be error-free or uninterrupted, or that any defects will be corrected, or that the User's use of the Services will produce specific results.
8.6. By using the Company Services, the User acknowledges the risks, and the Company has the right to assume that the User has sufficient experience and knowledge to understand the risks associated with each transaction.
8.7. When registering on the Platform, the User declares and guarantees that:
The User is already 18 years old or the User has reached the age of legal capacity to enter into an agreement and assume obligations under it in in accordance with the legislation applicable in his/n place of residence or stay;
The User is an individual with full legal capacity and capacity and sufficient authority to enter into this Agreement;
the User was not previously prohibited from using, and the User was not temporarily limited in the use of the Services and/or the Company Platform;
currently There is no User Account on the Company Platform.
8.8. The User's use of the Platform and Services is subject to international control requirements and economic sanctions requirements. By sending, receiving, buying, selling, trading or storing Digital Assets on the Platform, the User agrees that they will comply with these requirements. The User is not allowed to make transactions or any transactions on the Platform or to use the Services if:
The User is under the control of, or is a resident or citizen one of the high-risk and other regulated jurisdictions as determined by the Financial Action Task Force (FATF), or a jurisdiction that prohibits the use of Cryptocurrencies, or another jurisdiction that has strategic weaknesses in regulatinganti-money laundering and combating the financing of terrorism, which pose significantthreats to the EU financial system in accordance with the Regulation on the delegation of powers to the Commission (EU) 2016/1675, or subject to the sanctions list of the UN Security Council (hereinafter - `,Sanctioned Country`,), or if the User is a person designated by the U.S. Treasury Department on the Specially Designated Nationals List or the U.S. Commerce Department's Denied Nationals List, or is subject to the financial sanctions regime of the EU or the UK Treasury (hereinafter referred to as the “Sanction Person”);
The User is a resident and/or citizen of the United States;
The User is under the control of or is a resident or citizen of an unrecognized country or territory or jurisdiction that requires a mandatory national license or special registration to transact in Cryptocurrency, which the Company may not have;
The User is a person who does not meet any of the standards, requests or requirements of this Agreement, or is considered to be at high risk, including, but not limited to the factors listed above.
9. Regulatory Law and Dispute Resolution
9.1. The use of the Company's Service is governed by Turkish law, and any disputes arising under the interpretation of the terms of this Agreement and/or violation of the Agreement in relation to the Services must be resolved through negotiations. In case of failure to resolve disputes through negotiations, the User and the Company agree to submit the dispute to the competent courts of Turkey.
If you have any questions, please contact binibit support: support@binibit.com or online chat on the website https://binibit.com/