Terms
BitFabula User Agreement
Risk confirmation
Virtual currencies (cryptocurrencies) are more volatile in comparison with other investment tools and reserve currencies of national banks. The cost of virtual currencies (cryptocurrencies) can change significantly in a short period of time, which bears the risk of loss of funds for the user.
The user realizes, recognizes and accepts this risk, making any transactions with virtual currencies (cryptocurrencies) on the platform and in the P2P section of the platform.
The user confirms that he made every effort to carefully study the essence of virtual currencies (cryptocurrencies) and decides to trade virtual currencies (cryptocurrencies) consciously, having evaluated his own risks, his own financial situation and readiness to assume all the risks associated with the volatility of virtual currencies ( cryptocurrencies).
Register on the platform, the user assumes all possible risks of the virtual currency market (cryptocurrencies).
The company does not own and does not control the basic software protocols of blockchains that regulate the emission, burning and other aspects of the work of blockchains and virtual currencies (both blockchains and tokens functioning on blockchains). As a rule, basic software protocols are “open source software”, and anyone can audit, use, copy, change and distribute them.
The company does not bear any responsibility for the work of basic software protocols of blockchains and is not able to guarantee their functionality, safety or accessibility. The user recognizes and accepts the risk that the basic software protocols related to any virtual currency (cryptocurrency) that the user stores on his account may change.
After the withdrawal of cryptocurrency or virtual currency was requested by the user from the account, the platform does not have the opportunity to cancel the transaction. The user, and only the user, bears all responsibility for any output of the virtual currency (cryptocurrency) to the address specified by the user.
Access to the service of the platform is limited, the user independently bears responsibility for compliance with the criteria for admission to work with the platform.
The user accepts the terms of this Agreement if he put the required mark in a special field under the heading “I accept the terms of the user agreement” in the registration form and clicking on the “Continue” button after the registration form.
The user undertakes to independently monitor the new versions of the agreement. Continuing to use the platform after the changes in 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 company prohibits the use of several accounts on the platform, where one account is referral to another. The company considers this violation as a way to circumvent the rules of this Agreement, and reserves the right to limit or stop the provision of platform services. The conditions for using the referral program are indicated in paragraph 5.3. Agreements and additionally described in the section "Rules and Commission".
1. The subject of the agreement
1.1. This Agreement (hereinafter referred to as the Agreement) contains the rules and conditions for the use of the BitFabula electronic platform located at https://bitfabula.ch/ on the Internet (hereinafter - the Platform) and the conditions for access to the services provided by the platform and is concluded between Brand Business Development AG, company (hereinafter referred to as the company) registered and acting in accordance with the legislation of Switzerland under the registration number CHE-161.849.031, address: Gubelstrasse 15, 6300 Zug, and user of the platform (hereinafter-User)-an individual who has passed The registration procedure on the platform, in order to individual use of the platform.
1.2. This agreement is an electronic agreement between the user and the company regarding the use of the user services provided by the company. Any other written or oral agreements that previously existed between the user and the company regarding such use are replaced and canceled. The present Bitfabula provides the user with a non -exclusive license to access the platform, and also allows us to use the services solely in order to fulfill the operations according to the terms of this Agreement.
1.3. All the contents of the platform (including texts, graphic elements, user interfaces, photographs, trademarks, logos, sounds, musical works, works of art, computer codes, web design and site structure, selection, coordination and location of the contents on websites and/ or mobile applications) belongs, controls or is the object of a license owned by Bitfabula, and is protected by trademarks, patents and other property rights, including intellectual.
1.4. The agreement is considered accepted by the user if the user has provided the required mark in a special field under the heading “I accept the terms of the user agreement” in the registration form and expressed his consent and the adoption of the terms of this Agreement, clicking on the “Continue” button after the registration form.
2. Terms used in the agreement
"Agent" - a user initiating a transaction who can be both a buyer and a seller;
"Account" - account (account) created by the user on the platform and containing accounting data, information about the quantity and composition of cryptocurrency and assets in fiat equivalent, available for viewing in the user's personal account;
“Arbiter”-an administrator of P2P sections, an intermediary in disputes of a non-judicial nature, voluntarily attracted into a transaction by users of the platform to resolve disagreements;
“Arbitration” is a dispute of a non -judicial nature, voluntarily begun by users of the platform in order to resolve disagreements on the transaction;
“Affiled account” - an additional account actually controlled by the owner of the existing user account on the platform;
“Exchange balance” is the balance of the user account displayed in currency equivalent in the “Assets” tab. The balance of the exchange can be replenished either in any selected currency: EUR, USD. For each method of replenishment and withdrawal
“Virtual currencies” - cash deposited by the user in fiat currency and/or cryptocurrency on the balance of the account, as well as coins, tokens and other assets received by him as a result of using the services;
“Trust” - an individual who, after passing the verification procedure, is entitled to act on behalf of and in the interests of the user by prior coordination with the company;
“Supplement (price,%)”-payment expressed in value equivalent, which is paid in excess of the terms of the transaction under the voluntary agreement of both parties to the transaction, namely users, buyer and seller in the P2P section of the platform;
“Additional verification” - the procedure for obtaining biometric data from users in the event that one is required to provide high-quality and safe provision of services under this Agreement;
“Company” is a platform operator who operates on 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 to BitFabula, make changes to the platform, the contents of the platform website, documentation submitted for site of the platform and other local regulatory acts;
“Counterparty” - a user who is the opposite party in a financial transaction, who can be both a buyer and a seller;
“Cryptocurrency” is a variety of virtual currency, taking into account the internal settlement units included in the decentralized payment system without an internal or external administrator or any of its analogues, which works in automatic mode. Within the framework of this agreement, cryptocurrency is part of virtual currencies and/or their variety;
“Cryptocurrency Exchange” - a digital platform on the platform, designed to trade cryptocurrencies using fiat currencies;
“Personal Account of the User” is a specialized page provided to the user by an individual link (“My profile” in the platform menu) to access the account on the platform, or the person who has authorized on his behalf.
"Mining Pool"-a digital platform on the platform, designed to combine the power of personal equipment of users in order to increase the probability of finding a block in the blockchain;
“Payment method”-a method of transferring funds from the buyer to the seller used in the P2P section, and is not part of the software of the platform;
“Watching the rating” - fraudulent actions aimed at increasing the number of assessments from unscrupulous users of the platform for fictitious transactions;
“Knocking the rating” - regulatory measures by the platform aimed at suppressing fraudulent actions by users of the rating of the rating;
“Announcement” is a publication voluntarily placed on the platform in the P2P section by a user who wants to replenish and/or derive the balance of the exchange;
“Order” is a personal statement by the user to buy or sell cryptocurrency. Each virtual currency can be paired with another virtual currency. The warrant can be placed both in P2P sections and on the cryptocurrency exchange;
“Personal data” - information that identifies a person, such as the name, address, email address, information about bidding and bank details, biometric data. The term "personal data" does not include anonymous and/or summary data that do not allow the opportunity to identify a specific user;
“Platform” or “BitFabula” is a digital platform BitFabula located at https://bitfabula.ch/ on the Internet, providing users' services, which is a set of data, software, websites, mobile applications, domain names, including any Podomen, digital content, objects of intellectual property. If the domain or material of the platform should be changed for any reason, it includes the platform after any such changes;
“Buyer” - a role in which an agent or counterparty can act on a platform on the purchase of an exchange balance in currency equivalent;
“Privacy Policy” - the rules for the collection, storage, distribution and protection of personal data obtained by the platform from users, which are an integral part of the agreement, and which is available in Russian by reference - “Privacy Policy”;
“User”-an individual who has passed the registration procedure on the platform, which has reached capable age, which allows you to perform monetary operations, transactions with cryptocurrency, to carry out sale and sale transactions, in accordance with the legislation of their state;
“Seller” - the role in which an agent or counterparty can act as trading activities on the platform for the sale of exchange balance in foreign exchange equivalent;
“Verification procedure” means an identification procedure for authentication using biometric data, including fingerprints, a person’s recognition, copies of user documents, contact details, evidence of living in any area that the company can request;
"Rating"-consolidated grades of users for transactions in P2P sections;
“Details”-the data provided by the seller to make a transaction with the buyer in the P2P sections of the platform;
“Refereal Program” is an affiliate program, thanks to which the user of the platform can become a referral partner, initiating the referral registration by his referral link. The referral program acts according to the rules described in paragraph 5.3 of this Agreement, and applies to users of the platform of voluntarily participating in the program;
“Refereal partner” is a user of the platform that initiated the referral registration of his referral link and receives referral accruals on the AFF account of the account.
“Referee” is a user of a platform that registered at the referral link of the referral partner.
“Refereal link” is a link to one of the pages of the platform containing a unique identifier of the referral partner. The referral link is available in the Platform User’s personal account, and is in the special tab "Affiliate Program".
“AFF account” is a virtual account of the user of the platform used for referral accruals to the referral partner and the accrual of the referral bonus to the referral in accordance with the clauses of this Agreement.
“Refereal accruals”-accruals on the AFF account of the referral partner. The size of the referral charges depends on the referral remuneration (in %) and the turnover of the referral network.
“Refereal bonus” is a one-time accrual on the AFF account of the bonus abstract as part of the marketing program.
“Refereal payments”-referral accruals withdrawn from AFF accounts for a ruble account after passing the audit.
“Abstract Network” - all referrals of one referral partner.
“The turnover of the referral network” is the turnover (volume) of all exchange transactions of the referrals of one referral partner for a certain period.
“Refereal remuneration” is a percentage of the referral network trading commissions received by the referral partner;
“Transalate”-a bilateral agreement of users on the operation of exchange of exchange balance and fiat currency in the P2P section of the platform;
“Agreement” - this user agreement and its inalienable parts, taking into account all additions and/or changes;
Taker - a user of a platform who voluntarily accepted the Maker's offer in one of the sections of the platform;
“Services”-actions or activities of the company on the platform for providing users of access to the use of cryptocurrency exchange, mining pool, referral program and P2P section;
“Accounting” - 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;
“P2P section” (Peer-to-peer) is a model of interaction of the platform users (single-level, equal), which directly connects buyers and sellers, allows them to conduct global one-rat transactions, exchange the exchange balance with their fiat funds, and create their own ads, and create their own ads, and /or choose from existing offers from other users;
“Fictive transaction” - an agreement of unscrupulous users to conduct a fictitious exchange of exchange balance and fiat currency in the P2P section of the platform;
“Fictitious terms of the transaction” - unlawful conditions for the transaction within the framework of the agreement of users to conduct fictitious exchange of exchange balance and fiat currency in the P2P section of the platform;
3. Rights and obligations of the parties
3.1. The company has the right:
3.1.1. At any time, the company has the right to make changes to this Agreement in this Agreement and the Privacy Policy unilaterally amending the terms of the Agreement, the changes come into force immediately after the publication in the new version of the Contract on the Internet at https://bitfabula. And the policy of confidentiality.
3.1.2. Change unilaterally the size of the commissions charged for operations and/or transactions made by the user on the platform.
3.1.3. In order to ensure security, the company may limit cryptocurrency conclusions from the user account, as well as operations (transactions) in the P2P section of the platform for the period of 6 (six) hours or more from the moment of creating an application for the withdrawal of cryptocurrency and the first replenishment of the user account with fiat currency.
3.1.4. To 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. To suspend, limit or withdraw the user access to the account in any time and at any time, with a user notification, in case of a violation by the user of any of the provisions of the agreement or other agreements that may be related to the user of the services.
3.1.6. Make changes to the platform interface, texts, graphic elements, design, images, photos and videos and other results of intellectual activity, as well as a set of computer programs contained in the information system that ensure the availability of such information at https://bitfabula.ch, including Any subdomains.
3.1.7. At their discretion, limit the number of accounts that the user can keep, support or purchase.
3.1.8. At any time, request personal information from the user that may include photos and / or copies of the user, payment bank card or any other document / information that the company considers necessary.
3.1.9. Stop access to content or services, when receiving a request from law enforcement agencies or other state institutions.
3.1.10. If the user's trading activities look unusual or abnormal, the company, at its discretion, has the right to stop processing the user transactions before clarifying the situation, asking for further verification, or request the necessary documentation that may be required by law or agreement with counterparties.
3.1.11. If the default of the platform occurs, indicate the date of termination and elimination of all current orders and transactions. At the date of liquidation or until the date of liquidation, the user is obliged to make any additional payments in accordance with active orders and user transactions. The company may otherwise eliminate any open position to cover the necessary payments.
3.1.12. Do not provide services in all markets and jurisdictions and may limit or prohibit the use of the platform in some countries. The company currently does not provide services without any exceptions to the following jurisdictions: Afghanistan, Central African Republic, Congo-Brazzavil, Congo-Kinshas, Cuba, Korean People's Democratic Republic, Ethiopia, Eritrea, Iran, Namibia, Libya, Pakistan, Somali, Somali Sudan, Syria, Uganda, USA, South Sudan, Zimbabwe, Yemen.
3.1.13. In accordance with the Directive of the European Parliament and the Council of the European Union 2015/849 dated May 20, 2015, Bitfabula can limit or prohibit the use of all or part of the services, or allow the use of services only after the DOE DILIGENCE procedure is related to the following countries/zones High risk: Albania, Burkina-Faso, Barbados, Kaymanov Islands, Cambodia, Haiti, Jamaica, Jordan, Mali, Malt, Morocco, Myanmar, Nicaragua, Panama, Philippines, Senegal, Bagama, Barbados, Botswana, Gana, Iraq, Mavriky, Mauritan. Trinidad and Tobago, Vanuatu, Canada, Japan, Mongolia, Taiwan, Venezuela.
3.1.14. Suspend, limit or block (temporarily or indefinitely) the access of the user to the account at any time, with the user notification, in the event that the facts are detected or suspicious that the user uses the platform not for its intended purpose, but for other purposes, or does not carry out actions to use your account for the purpose of sale and/or movement of cryptocurrency and virtual currency for more than 7 days. At the same time, a number of exchange/company services may become unavailable to the user for a certain/indefinite period, if suspicion or established facts of use (attempts to use) the platform as a depository of fiat currency.
3.4.15. Conduct a communication about the details of the transaction made in the chat section P2P of the platform.
3.4.16. Independently save and not transfer data from the account - password, login, accounting data, personal data, third parties. If the user has lost access to accounting data and personal data, access to the mail and to the phone number assigned to the account, then the user needs to restore them in accordance with the procedure for restoring the data of the platform on which the mail and phone number was registered.
4. Conditions for access to the use of an account
4.1. The platform makes an affordable unique wallet address for each account, so that the user can make a virtual currency on this account and withdraw money from this account to the external wallet at the user's choice.
4.2. The platform acts as a virtual currency keeper stored on the user account on the platform website and does not have access to the user account on the platform website, and also does not have the ability to initiate any user accounts. Any transactions are the user responsibility.
4.3. Bitfabula codes that are formed, but not used for more than 6 (six) months, will be blocked. To unlock the corresponding Bitfabula code, the user needs to contact the support service, or online chat on the website https://bitfabula.ch/ and undergo re-identification of the person (remote KYC procedure, personal presence in the company representative) or provide additional information in accordance requirements of the company's employees.
4.4. In order to conclude an agreement with the user, the company is obliged to request a personal data from the user, which may include copies of user documents, biometric data, contact details, evidence of living in any area, etc.
4.5. According to the law, the company is obliged to collect personal information about the user as part of the KNOW-IOUR-CLIENT (KYC) practice, the fight against money laundering Anti-Money Laundering (AML) and preventing financing of terrorism (The FATF Standards).
4.6. Before crediting any receipt of funds to the user account, the company has the right to request a certain personal information from the user at any time, which may include biometric data and/or a copy of the user, payment bank card, and any other document/information, which the company considers necessary.
4.7. To pass the verification procedure that requires personal presence in the company’s representative office in Zug, receiving confrontation, or completing the input and withdrawal of funds, the user is obliged to contact the support service in advance on the website https://bitfabula.ch/, in order to make a pass at the entrance to the office building.
4.8. In order to ensure security, the company introduces restrictions on the number of proxies indicated when undergoing the level of verification of level 3 (Level 3). When performing the verification procedure, a new user can indicate one individual who can act on his behalf when performing operations with a platform. The company reserves the right to provide users with individual conditions for using the platform.
4.9. The user receives the following levels of access to his account on the platform, depending on the completeness of the accounts provided by him:
Level 1
The user registered, but did not tie the phone number:
"+" Email address (e-mail) is confirmed from the browser;
"-" the phone number is not confirmed by the SMS code;
"-" The procedure for verification of the individual is not completed.
In this case, the user is available:
"+" Authorization on the platform;
"+" Viewing trading;
"+" Work in the P2P section of the platform;
"+" View personal account;
The user is not available:
"-" the implementation of the input and withdrawal of cash (fiat currencies);
"-" the commission of metabolic operations (transactions for the purchase and sale of cryptocurrency);
"-" work with virtual currency (input and withdrawal of cryptocurrency);
"-" joining the mining pool.
Level 2
The user registered, confirmed the email address (e-mail) and phone number, did not go through the verification procedure:
"+" Email address (e-mail) is confirmed from the browser;
"+" The phone number is confirmed by the SMS code;
"-" The procedure for verification of the individual is not completed.
In this case, the user is available:
"+" Authorization on the platform;
"+" Viewing trading;
"+" Work in the P2P section of the platform;
"+" View personal account;
"+" Accession to the mining pool;
"+" Work with digital assets (input and withdrawal of cryptocurrency);
"+" Replenishment and creation of Bitfabula codes;
"+" The output of the fiat balance on the cards (in the case of ruble balance for bank cards);
The user is not available:
“-” implementation of input and withdrawal from cash (fiat currencies).
Level 3
The user registered, confirmed the email address (e-mail) and phone number, went through the verification procedure and has access to the full functionality of the platform:
"+" Email address (e-mail) is confirmed from the browser;
"+" The phone number is confirmed by the SMS code;
"+" The procedure for verification of personality has been completed.
The user can replenish his account with cash (fiat currencies):
through offices in Switzerland, as well as in other countries around the world;
Through the P2P section of the platform.
The user can withdraw cash (fiat currencies) from his account:
through offices in Switzerland, as well as in other countries around the world;
through the P2P section of the platform;
On bank cards.
5. Services
5.1. Cryptocurrency exchange
5.1.1. The company provides a digital platform where buyers (tapeers) and sellers (mackers) can make cryptocurrency transactions for the sale of cryptocurrencies, including for fiat currency under the conditions determined by this Agreement.
5.1.2. Any user registered on the platform can become a member of the cryptocurrency exchange.
5.1.3. Depending on the level of the user account, different levels of access to the virtual currency obtained as a result of the use of the cryptocurrency exchange determined in section 4 of the Agreement are available to him. For the full use of the capabilities of the cryptocurrency exchange, the user must go through the verification procedure in accordance with the requirements of the platform.
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 users small among the connected equipment, to combine the power of the equipment of several miners, which allows you to increase the probability of finding the block. The profit obtained as a result of the block is considered virtual currency, for the operations with which the company charges the commission in accordance with the conditions determined by 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, 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 the block, obtained by a pool, is distributed in equal shares among all users.
5.2.5. Depending on the level of the user account, different levels of access to the virtual currency obtained as a result of using the mining pool determined in section 4 of the agreement are available to him. For the full use of the capabilities of the mining pool, the user must go through the verification procedure in accordance with the requirements of the platform.
5.3. Abstract program
5.3.1. Participation in the referral program allows the referral partner to receive referral accruals in the amount of 33% of the amount of trading commissions in the ruble pairs of its referral network paid by the referrals involved in the platform.
5.3.2. Any user of the platform can become a referral partner using his referral link to attract new users. When the new user is registered by referral link, he automatically becomes an abstract for the referral partner, by whose link he registered. All attachments of referrals occur in automatic mode. The attachment of referrals to the referral partner through appeals to representatives of the platform is not carried out.
5.3.3. Marketing programs of platforms can allow referrals to receive an referral bonus on AFF account.
5.3.4. The referral can be defended from the referral partner on personal written appeal to the technical support of the platform or if the employees of the platform of violations by the referral partner of this Agreement are detected.
5.3.5. The abstract program applies only to trading commissions for transactions on the exchange.
5.3.6. The permissible account of the account for referral partners and referrals is USD.
5.3.7. For each new referral attached to the referral partner, the referral program is valid for 1 year (365 days), after this period the referral accruals to the abstract partner stop.
5.3.8. The abstract program can be extended indefinitely for the referral partner in the presence of 100 or more referrals, 10 of which made at least 1 transaction with cryptocurrencies on the platform. The deadline for transactions is 365 days from the date of registration of the 1st out of 100 or more referrals.
5.3.9. The company under the marketing program of the platform in the right to offer the referral partner special conditions for the transition to unlimited participation in the abstract program, which will be recorded in a separate agreement.
5.3.10. The referral accruals of the referral partner accumulate on his AFF account. Accruals can be paid to the main ruble account after successfully passing the check by the platform. The inspection period is 15 calendar days, the check is carried out from 1 to the 15th number of the month following the month when the accrual was delivered for payment. The test period may be increased.
5.3.11. The minimum amount of referral payment from any AFF account to the main account is 5,000 AFF, where 1 AFF is 1 ruble of the Russian Federation. The referral payment is received to the main account after the audit. If the user is both a referral that received a referral bonus and a referral partner, then in order to obtain a referral payment, he needs to reach the turnover of exchange trading.
5.3.12. The referral partner can advertise his referral link through:
Placement on their own or partnerships (chats, channels, pages on social networks, as well as web page and websites with additional content in addition to the referral link and information about the services of the platform),
maintaining advertising traffic to your own or partnership information sites containing relevant and useful information and do not copy the content of landing pages of the platform,
the use of logos, branded elements and other marketing materials specially provided by the platform for referral partners,
maintaining any traffic with YouTube.
5.3.13. A referral partner is forbidden to advertise his referral link through:
direct search advertising traffic,
Any advertising traffic from Yandex and Google (with the exception of traffic with YouTube),
any advertising traffic from META products,
Accommodation on the sites, which contain the name of the trademarks of the platform (here further according to paragraph 1.3 of this Agreement),
Accounts on social networks on behalf of the brands of the platform,
copies of the landing pages of the platform on third -party sites,
placement for unlawful purposes or placement, which has unlawful consequences, as well as in spam mailings and versions of web pages used for cloaking (with different information for readers and search robots),
Accommodation on sites, the subject or activity of which are associated with financial pyramids, binary options, gambling business (including online casinos and bookmakers), quick loans, quick loans
Illegal sites in the shadow segment of the Internet (Darknet),
The use of statements, formulations and images aimed at initiating hatred or enmity on ethnic, racial, religious, political or other sign, as well as any statements of a political nature.
5.3.14. A platform employee cannot be a referral partner and referral.
5.3.15. The user should not use the referral program to reduce his trading commissions, that is, to register additional affiliated accounts as his referrals.
5.3.16. The referral program is always single-level.
5.3.17. The general Internet connection and the use of one browser with a referral partner and referrals can be regarded as a violation of this Agreement.
5.3.18. In case of establishing a fact or suspicion of violation of this Agreement, the company has the right to freeze and/or write down the referral accruals in full or partially, to reject the attracted referrals from the referral partner, as well as prohibit the user in the referral program in the future for the established period or indefinitely.
5.3.19. If the referral partner records referrals that provide fake or temporary data when creating an account, the company may refuse such a referral partner to participate in the referral program and use the platform. The identified referrals that used fake and temporary data during registration will be defended from the account of the referral partner, and the referral accruals received from the transactions of such referrals are resurrected.
5.3.20. The company has the right to change the conditions of the referral program with a preliminary notification for 14 calendar days. The user undertakes to independently monitor changes in the conditions of the referral program on the platform website in this Agreement.
5.4. P2P section
5.4.1. The platform can charge a commission from the Maker of ads in the established amount in accordance with paragraph 7.2. present agreement.
5.4.2. The company under the marketing program of the platform in the right to offer the user special conditions for reducing the commission, which will be recorded in a separate agreement.
5.4.3. The user participating in the transaction (buyer or seller) may give an assessment of the transaction as part of the values from -2 to 2, while the user's assessments, who had less than 10 (ten) transactions, are not taken into account.
5.4.4. The company does not interfere in the user rating system in the P2P section. The company can be involved in the rating system, and the rating can be reset only if the user is convicted of fraud on wrapping the rating in the P2P section.
5.4.5. Inactive ads for more than 5 days are removed by the platform system automatically, and will not be visible to the user in the “My Ads” section. Inactive announcements implies that no actions (transitions, clicks) were committed with these announcements within 5 (five) days, regardless of the date of their publication.
5.4.6. Access to the publication of ads can be provided by the company after the user appeal to the technical support chat on the platform website or in a telegram. Requirements for the user for approval by the platform of publication of ads in the P2P section:
the presence of a registered and verified account on the platform website;
tied telegram account in the personal account (user account);
Informed notifications in your personal account (user account).
5.4.7. For announcements with the exchange of exchange balance for other currencies an additional payment of 5 % (price, %) was established.
5.4.8. The platform refuses to publish ads with the payment method: cash-in (cans), NFC (NFS), replenishment through the ATM/terminal and other similar ads with an additional payment (price, %) to a seller of 0.01 % or more.
5.4.9. In the P2P section of the platform, posting ads is prohibited:
on the purchase and/or sale of cryptocurrencies;
with advertising and/or marketing offers;
containing fictitious payments/surcharges/amounts/percent/description, sale of third -party services, spam;
indicating the description to the announcement of the request to contact outside the exchange chat, links to third -party services, contacts of third parties (groups and/or communities) of the type “Before the opening of the transaction to write in TG *Contact *”, etc. Signatures. It is allowed to indicate the contact in the special field “Telegram”, then @*your contact*, or in the description in the form of telegram @*Your contact*;
With a similar/identical/similar description and a hat, like the official partners of the platform.
5.4.10. The announcements of the official partners of the platform are marked with a special dick "Official partners" of orange.
5.4.11. The maximum percentage of surcharge (price, %) varies in the ads, and depends on the conditions in the domestic market of the P2P section of the platform, taking into account the requirements of this agreement.
5.4.12. All transactions submitted for arbitration are considered by an arbitrator in turn. The referee at its discretion can rank transactions, and leave the processing of transactions that require additional temporary and/or production costs.
5.4.13. Consideration of transactions with an arbiter is not limited in time, the period of consideration after the user can be more than 12 (twelve) hours.
5.4.14. The transactions sent to the arbitration can be canceled by an arbiter at the request of the seller within 10 (ten) minutes, if the transaction chat does not indicate the details and the counterparty (buyer) does not get in touch.
5.4.15. The publication of the final decision on the transaction with the specified details and/or the payment payment can be extended by more than 12 hours from the date of filing the arbitration transaction.
5.4.16. Any statements of an offensive nature towards the arbitrator, counterparty and platform employees involved in the solution of the transaction problem are prohibited and may entail the application of measures in accordance with paragraphs 3.1.5. and 3.1.10. present agreement.
5.4.17. At the request of counterparties (seller and/ or buyer), the arbitrator may change the amount (for payment/ receipt) in the transaction submitted for the arbitration after consent to change the amount from both sides. Changing the percentage of surcharges (price, %) in the transaction submitted to the arbitration is technically impossible.
5.4.18. The referee has the right not to complete, and not to cancel the transaction, if there are aggravating circumstances related to violation of counterparties (buyer and/or seller) of this legislation of the Russian Federation in accordance with paragraph 3.1.9 of this Agreement.
5.4.19. If the user is convicted of suspicious actions and frauds of both related and not related to the work in the P2P section of the platform, his account can be blocked, and access to the section is limited in accordance with paragraphs 3.1.5. and 3.1.10 of this Agreement.
5.4.20. In the transaction chat, the arbitrator can request a level of verification of level 3 of the level of verification (Level 3) from the buyer and/or seller, additional verification or visiting the company’s office, if the counterparties involved in the transaction are convicted of fraud on the platform website in accordance with paragraph 3.1.8. and 3.1.10. present agreement.
5.4.21. The referee independently decides on the admissibility of disclosure to the buyer and/or the seller of the information received during the proceedings on the transaction.
6. Responsibility of the parties
6.1. User responsibility:
6.1.1. The user is fully responsible for the password, which the user appoints for an account, for its safety and protection against disclosure of information.
6.1.2. The user is fully responsible for all actions related to the use of services through his account using a password, as well as for the safety of their own computer systems and technical equipment.
6.1.3. In the event of a company's loss, due to the fault of the user, the user undertakes to reimburse the real damage and lost benefits of the company, its officials, directors, shareholders, successors, employees, agents, subsidiaries and branches.
6.1.4. The user is fully responsible for the use of services, his own actions when using the platforms, the operations, transactions, transactions, information provided by him and documentation.
6.1.5. The user recognizes and accepts that any transaction made in the blockchain is irreversible, the user is fully responsible for the presentation of the correct information about the recipient’s wallet to transmit virtual currency in the platform services.
6.1.6. The user is not entitled to use several accounts that are referral to each other in order to obtain referral savings, as well as to carry out any other fraud with referral links/program. In case of violation of this paragraph, the user is liable in accordance with clause 3.1.14. present agreement.
6.2. Company responsibility:
6.2.1. With the exception of cases when this is provided for by law, the company is not responsible to the user for any loss, lost profit, material damage, indirect losses and loss of profit, even if the company is notified of the possibility of such damage.
6.2.2. The company is not responsible for the events that have not been controlled by it, such as transactions processed through a blockchain for a specific virtual currency.
6.2.3. Buyers and sellers of virtual currency are trading with each other, the company is not a counterparty of any transactions that the user makes.
6.2.4. If the company takes any legal measures against the user as a result of violation by the User of the terms of this agreement, the company will have the right to reimburse the expenses incurred by it, and the user agrees to pay all reasonable legal costs and expenses for such legal actions, in addition to any other expenses incurred by the company.
6.2.5. The user agrees that the company will not be responsible to the user or any third party for terminating the user access to the services of the company, 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 in the use of all or part of the services. The user himself is responsible for compliance with the relevant laws acting in the territory of his residence (registration) and/or the territory of the stay with which the user enters the site and/or the platform and/or uses any services.
6.2.7. The publication of the details outside the P2P section of the platform - on third -party sites, in instant messengers, social networks, third -party chats, etc., is recognized as the company invalid, and cannot relate to transactions made in the P2P platform section.
6.2.8. The made payment on details published outside the P2P section of the platform - on third -party sites, in instant messengers, social networks, third -party chats, etc., is recognized as the company invalid, and cannot relate to transactions made in the P2P section of the platform.
7. Commission of the company
7.1. The company charges commissions with transactions with the user virtual currency, depending on the user account currency.
7.2. The size and conditions of the collection of commissions on transactions on the cryptocurrency exchange and the P2P exchange, as well as for other services provided by the company on the platform, are located in the section "Rules and Commission" on the website https://bitfabula.ch/terms, as well as in the section " Commission ”on the website https://bitfabula.ch/.
7.3. The user undertakes to independently monitor the conditions for the collection of commissions and their changes on the site of the platform.
7.4. The user's turnover is calculated as a turn for the previous 30 calendar days in rubles - for USD accounts. User commissions, depending on the turnover, enter into force within an hour from the moment of fixing the turnover and act until the next commission enters into force.
7.5. The company’s commission is charged independently of and, in addition to blockchain commissions, when the relevant cryptocurrencies are withdrawn to wallets outside the platform.
8. Guarantees
8.1. The user admits that he understands that transactions that have the nature of the legalization of funds may be blocked.
8.2. The company is not an affiliated person and is not supported by any third party; The company does not cooperate, does not work with any third party including, but not limited to suppliers of various services, such as casinos, binary brokers, forex brothels, etc.
8.3. The company works regardless of adjustable or unregulated brokers.
8.4. The company does not have access to the user virtual currency and cannot independently initiate transactions from your account.
8.5. The company does not guarantee that the services will be provided unmistakably or continuously or that any defects will be corrected, or that using the user of services will give specific results.
8.6. Using the company's services, the user expresses risk recognition, and the company has the right to assume that the user has enough 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 has already turned 18 years old or the user has reached the age of legal legal capacity to conclude an agreement and accept obligations on it in accordance with the law applicable in his place of residence or stay;
The user is an individual with full legal capacity and legal capacity and sufficient authority to conclude this Agreement;
Previously, the user was not prohibited from using, and the user was not temporarily limited in the use of the services and/or platform of the company;
Currently, the user does not have an account on the company's platform.
8.8. User use the platform and services is regulated by international control requirements and requirements of economic sanctions. By sending, receiving, buying, selling, trading or storing virtual currencies on the platform, the user agrees to comply with these requirements. The user is not allowed to make transactions or any transactions on the platform or use the services if:
The user is under control, or is a resident, or a citizen of one of the jurisdictions included in the high -risk group and other controlled jurisdictions in accordance with the definition of a group of financial measures to combat money laundering (FATF), or jurisdiction prohibiting the use of cryptocurrencies, or other jurisdictions that has strategic shortcomings in the regulation of counteracting money laundering and the fight against financing terrorism, which pose significant threats for the EU financial system in accordance with the regulations on the delegation of the Commission of powers (EU) 2016/1675, or falling under the UN Security Council (hereinafter - " The country in respect of which the sanctions have been imposed ”), or if the user is a person included in the US Department of Finance in the list of citizens of special categories or the US Department of Trade in the list of prohibited persons, or falls under the regime of financial sanctions of the EU or the Ministry of Finance of the UK (hereinafter -“ sanctions face");
The user is a resident and/or US citizen;
The user is under control or is a resident or citizen of an unrecognized country or territory or jurisdiction requiring a mandatory national license or special registration to make cryptocurrency transactions, which the company may not have;
The user is a person who does not meet any standards, requests or requirements of this Agreement, or belongs to a high risk group, including, but not limited to the above factors.
9. Regulatory law and dispute resolution
9.1. The use of the company's service is regulated by the legislation of Switzerland, and any disputes arising in accordance with the interpretation of the terms of this Agreement and/or violation of the agreement in relation to services should be settled by negotiations. In case of non -resolving disputes through negotiations, the user and the company agree to transfer the dispute to the competent courts of Switzerland.
Company details:
Brand Business Development AG
CHE-161.849.031
Gubelstrasse 15
6300 Zug