1. BITCAP is an online platform related to blockchain technology based on new technologies. As part of the available Services, the User obtains the opportunity to purchase certain Products (hereinafter referred to as the “Products”). These Products may be provided by BITCAP as well as may be provided by third-party Providers. Detailed information about a particular Product, terms and conditions of their purchase and use are specified herein, via information published directly on the Platform and other documents shared by BITCAP in a place visible to the User.
2. The User accepts the provisions hereof, without any doubts nor additions, as well as the User acknowledges and accepts that: (i) (ii) the activities of BITCAP and the Providers is not a public offer, alternative investment fund management activity nor activity performed by an investment fund, and that the BITCAP’s activity is not a banking activity, or an insurance or reinsurance activity within the meaning of the relevant national acts in the place of the BITCAP’s main office; (iii) BITCAP does not guarantee the User that the execution of any activity on the Platform or within the Service, as well as the purchase of a particular Product or Crypto Assets bring the User expected outcomes, results, or economic or financial profits; (iv) the User should never invest more than you are prepared to lose and you should be prepared to lose all your money. If you are in doubt about the purchase of a particular Product or Crypto Assets, you should always seek independent legal, tax, or financial advice before taking any steps in the process described in this document.
3. You expressly acknowledge that your receipt, purchase, or possession of Crypto Assets does not give you any rights in or claims against BITCAP, that Crypto Assets are not a financial or investment instrument of any kind, that Crypto Assets may not have any real-world monetary value whatsoever, and that BITCAP is not responsible for any value attributable to, or fluctuations or loss in the value of Crypto Assets.
4. The Terms and Conditions define the rules for using the Internet Platform available at https://bitcap.store Platform (and any others within the “bitcap.store” domain – collectively as the “Platform”) as well as for the provision of electronic services via it. The User acknowledges and accepts that BITCAP as a service provider, manages the Platform and the User, by purchasing Crypto Assets, establishes a relationship on the basis of different terms and conditions or terms of service depending on the type of Crypto Asset purchased. Thus, the User acknowledges and agrees that the purchase of Crypto Assets does not refer to any transaction or conclusion of any agreement directly with BITCAP.
5. Any information presented by BITCAP does not constitute an offer within the meaning of the relevant legal regulations, nor does it constitute a calculation for such offer, and is for informational purposes only.
6. Each User is obliged to comply with the provisions hereof while taking steps to use the Platform. The User is obliged to read the content hereof. Acceptance hereof is voluntary, but it is a condition of using the Platform. Documents intended for Users are made available in electronic form on the Platform in such a way that Users can store and retrieve them in the course of ordinary activities.
7. Headings are purely ordinal and may only support the interpretation and clarification hereof. A reference to documents is a reference to the relevant document and any subsequent amendment or modification thereof, unless otherwise stated in the content of the reference. Here, unless the context requires otherwise: (i) words describing a kind refer to all kinds; (ii) singular words refer to also as plural, and plural words refer to also as singular; (iii) capitalized words refer to definitions in (II) hereof. The content of the documents provided in the page of the particular Product shall affect the interpretation of the provisions hereof, and these documents are treated as mutually explanatory.

II. DEFINITIONS

1. BITCAP – service provider of the https://bitcap.store Platform as the CODEPULSE FZ-LLC operating under License Number: 47011071 & 45002974  (BLOCKCHAIN CONSULTANCY & E-COMMERCE) based in the RAKEZ Free Zone, Ras Al Khaimah, United Arab Emirates. You can contact BITCAP at the following e-mail address: contact@bitcap.store.
2. Agreement – shall mean these Terms and Conditions.
3. Platform – an Internet website under the domain https://bitcap.store.
4. User – A natural person, a legal person, an organizational unit without legal personality to whom the law assigns legal capacity, who manages business or acts professionally, or has appropriate competences on the basis of national law to participate in the Platform, if applicable in the place of temporary or permanent residence and who uses the Services or/and the Platform.
5. Account – collections and competences assigned to the User within the scope of the Platform, resulting concluding the agreement on service provision by electronic means between the User and Us, includes data necessary for authorization and for using some services accessible via the Platform.
6. Provider – External entities, that provide or may provide services and content on the Platform.
7. Product – a form of a digital product made available at the request of the User, carried out periodically in accordance with the Terms and Conditions. Payments for the Product are incurred by the User and may be automatically renewed until the User resigns. The User hereby authorizes BITCAP to charge for the next billing period in accordance with these Terms and Conditions.
8. Crypto Assets – cryptocurrencies in the general meaning as a digital representation of value within the framework of relations between participants in the blockchain technology network.
9. Service / Services – use of applications and Products provided by BITCAP or Providers (including within the Platform) and related services.
10. Intellectual Property Rights – means all and any data, information, video, graphics, sound, music, photographs, software, any other materials or content (in whatever format), copyrights as well as all computer code or scripts, whether compiled or not in any computer language or program, all patents, utility models, trademarks, know-how, trade names, domain names, rights in logo and get-up, inventions, all rights in computer software and data, databases, confidential information, trade secrets design rights (whether registered or unregistered) and semiconductor topographies and all intangible rights, privileges and forms of protection of a nature or having a similar effect to any of the above which may subsist anywhere in the world.
11. Restricted Content – means any content or term that: (i) promotes or is related to illegal activities (illegal drugs, phishing, terrorism, criminal activities, contests, pyramid schemes or chain letters etc.); (ii) promotes or is related to tobacco, gambling or weapons; (iii) is related to pornographic or obscene material; (iv) is related to excessively graphic or explicit violence; (v) is defamatory, inappropriate or profane; (vi) is discriminatory or constitutes “hate speech”, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group; (vii) promotes or contains viruses, worms, corrupted files, cracks or other materials that are intended to or may damage or render inoperable software, hardware or security measures of BITCAP, any User, or any other third party.
12. ICT – a system of cooperating ICT devices and software which provides processing and storing, as well as sending and receiving data via ICT networks using an appropriate type of an ICT end device.

III. RESTRICTIONS

1. Our Services are intended to be played by adults and we do not knowingly collect, and do not wish to collect information about children. Creating an Account or entering the Service is not permitted for persons under the age of 18 (in words: eighteen). BITCAP shall deny access to the Service to children under the age of 18 (in words: eighteen). The User shall be fully liable for any unauthorized use of the Service, Platform or Product by minors, including payment instruments or online payments system.
2. Use of the services may be territorially restricted. BITCAP offers access to the services in accordance with local law. BITCAP does not allow the use of the services by Users under the jurisdiction of: United States, Italy, Germany, Afghanistan, Libya, Serbia, Belarus, Somalia, Cuba, Sudan, South Sudan, Democratic Republic of the Congo, North Korea, Burundi, Syria, Egypt, Republic of Guinea, Bissau, Tunisia, Eritrea, Iran, the Central African Republic, Venezuela, Iraq, the Republic of the Union of Myanmar, Yemen, Lebanon, Zimbabwe. BITCAP reserves the right to choose, limit or refuse to provide services in a particular jurisdiction at any time.
3. Users are required to use the Platform in a manner consistent with applicable law, herewith, regulations of third-party websites, as well as the principles of social coexistence, including the general principles of using the Internet and websites, and respecting the rights of third parties, Providers and BITCAP. In particular, the User is obliged to use the Platform in a way that does not interfere with its functioning, is not inconvenient for other Users and BITCAP and respectful for the personal rights of third parties (including the right to privacy) and any other rights they are entitled to. In addition, the User is obliged to use all information and materials shared via the Platform only within the scope of fair use and potential licenses.
4. It is prohibited to: (i) create an Account using a false identity or information or on behalf of someone other than User; (ii) share, purchase, sell, rent or give away the User’s Account; (iii) use the Account for commercial purposes or to advertise, solicit, transmit commercial advertisements, including spam e-mail or repetitive or misleading messages to anyone.

IV. ACCESS AND USE OF THE PLATFORM AND SERVICES

1. Platform Access. The Platform is accessible for users of devices with the Internet connection. In order to use the Platform, the User shall enter correctly the website address and run it on his/her device that supports the ICT system. Services available on the Platform are provided 24 hours a day, 7 days a week, at the User’s individual request, based on running the Platform and using the Services.
2. Results of the Violations. If it is found that the User commits activities prohibited by law or hereby, or violates the principles of social coexistence or prejudicial to the legitimate interest of BITCAP, BITCAP may take all legally permitted actions, including limiting or preventing the User from using the Platform, Product and provided Services.
3. External Services and Content. BITCAP, in cooperation with the third-party Providers, may provide Users with additional services and content on the Platform. Terms and conditions for the provision of electronic services as part of those websites are set out in the individual regulations of the websites. Using additional services and content requires reading and accepting their terms and conditions. In the event of a conflict between hereof and terms and conditions of additional services and content, the provisions of individual websites shall apply. In matters not covered by provisions of individual websites, the provisions hereof shall apply.
4. Termination of the Account and Service. Notwithstanding with BITCAP’s other remedies, if BITCAP considers that the User violates this Agreement or law, BITCAP may at its own discretion limit, suspend, terminate, modify or delete Accounts, access to the Product/Service or/and the Platform or parts of it. BITCAP shall not be obliged to compensate the User loss of the Account and other benefits and privileges relating to use of the Services or the Product and lost due to the aforementioned BITCAP’s decision. BITCAP may also take other technical and legal steps to prevent the User who violates this Agreement or law to access the Service/Product or/and the Platform, if BITCAP considers that the User’s actions violate any laws and third parties rights, including but not limited to Intellectual Property Rights and create risk of possible legal actions against BITCAP, Provider or its affiliates. BITCAP has the right to stop supporting or offering the Service/Product at any time and for any reason. In that case the User’s license is immediately terminated. BITCAP shall not be responsible to compensate the User any loss of benefits, privileges or funds that may derive from the discontinuation of the Service or access to the Product. BITCAP may at its sole discretion decide what misconduct shall be considered as violating this Agreement and take suitable actions, including termination of the User’s Account, prohibiting the User from using the Product/Service or take any other actions allowed by the law.
5. BITCAP is owner and shall have all rights, title and interest, including but not limited to all Intellectual Property Rights or other proprietary rights in connection with: (i) Product and Service – including without limitation any titles, themes, objects, concepts, methods of operation, documentation; (ii) Accounts – the User shall have no ownership or other proprietary interest in the Account; (iii) Trademarks, service marks and logos contained in the Product/Services. Except as expressly provided in these Terms of Use, no part of any Intellectual Property Rights owned by BITCAP may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without BITCAP’s express prior written consent.

V. PRODUCT PURCHASE AND PAYMENT

1. The User acknowledges that the purchase of the Products is available through the payment operator: Stripe (https://www.stripe.com) or other payment operators cooperating with BITCAP at the time. The User acknowledges that payment for the Product may also be made by through Crypto Assets. The relevant unit and value for the purchase of the Product is specified each time in the description of the particular Product on the Platform, third parties (Providers) or websites of these third parties (e.g. specific payment operator), which enable the purchase Product via ICT network.
2. Automatic payments. BITCAP at the express request of the User, shall make available through the Platform the possibility of making recurring payments (according to the terms specified for the particular Product) for access to that Product. Payment is made using the payment operators (Providers) indicated above. The conditions for activation of the Product for the User, is each time determined by the particular payment operator (Provider). The collection of subsequent payments in connection with the purchase of the Product by the User will be made periodically in accordance with the selected plan, to which the User hereby agrees. The User should make sure that on the payment due date there are sufficient funds on the payment card or cryptocurrency wallet indicated by the User to pay for the Product.
3. Delivery time. Delivery of the Product to the User shall take place immediately, provided that the User makes the correct payment pursuant to hereinabove, with the possibility of extending this period up to 48 (in words: forty-eight) hours. BITCAP indicates that the process of delivering the Product in exceptional cases may be extended to a maximum of 7 (in words: seven) days in the event of situations beyond the control of BITCAP (force majeure). Delivery is by electronic means only.
4. Returns. Due to the close relationship of the Products to financial markets over which BITCAP has no control, and due to the electronic delivery of the Products to the User, the User acknowledges and agrees that BITCAP does not accept any returns by law. The User acknowledges and accepts that all transactions related to the purchase of each Products are final and it is not possible to return.

VI. USE OF THE SERVICES AND PRODUCT

1. Transactions on Crypto Assets. The User, via third party websites, in particular via the blockchain network, at its own unforced decision, obtains the opportunity to purchase Crypto Assets as a digital representation of the value generated on the blockchain network. BITCAP has no connection with Crypto Assets and the User makes its own decision whether or not to purchase individual Crypto Assets from third parties using blockchain technology or cryptocurrency exchanges on which the User has accounts. Blockchain networks require the payment of a transaction fee (hereafter referred to as “Gas Fee”) for every transaction that occurs on the blockchain networks. The User acknowledges and accepts that all transactions in blockchain technology are final and it is not possible to return.
2. No claims. BITCAP shall have no liability to User or to any third party for any claims or damages that may arise as a result of any transactions that User engages in via the Product/Service or any other transactions that User conducts via blockchain network or via the cryptocurrency exchange on which the User has an account.
3. Access Fees. Access to the Platform is free of charge, subject to the data transmission costs required to run and use the Platform, which the User is obliged to cover on its own. Access to the Product/Service is charged according to the terms and conditions described in the particular Product or on the Platform. BITCAP is not liable for the amount of fees charged for the use of data transmission necessary to use the Product/Service or the Platform.
4. User shall be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority associated with User’s use of the Product/Service or the Platform. Except for income taxes levied on BITCAP, User shall: (i) pay or reimburse BITCAP for all national, federal, state, local, or other taxes and assessments of any jurisdiction, including value-added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to BITCAP pursuant to these Terms and Conditions.
5. Fees and price. The price of Crypto Assets on secondary markets may vary depending on a variety of factors including where or how User obtains them. The price and availability of Crypto Assets on secondary markets may change. You expressly acknowledge and agree that your participation in the Product/Service, and your receipt and possession of any Crypto Assets, is voluntary and for entertainment purposes only.
6. Risk assumptions. User accept all risks that arise from using the Product/Service and Crypto Assets, including but not limited the risk of loss of any funds in your possession. Your Crypto Assets may be lost, stolen, or otherwise rendered unusable. In any of the above cases, you do not have a claim to BITCAP, including for the return of any funds. You accept and acknowledge each of the following:

a. The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your Crypto Assets, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of Crypto Assets will not lose money.

b. BITCAP does not store, send, or receive Crypto Assets.

c. User acknowledges and understands that there are risks associated with using an Crypto Assets, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. User accepts and acknowledges that BITCAP will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the blockchain network or a third-party cryptocurrency exchange.

d. BITCAP neither owns nor controls any third party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Product/Service. BITCAP shall not be liable for the acts or omissions of any such third parties, nor shall be liable for any damage that User may suffer as a result of User’s transactions or any other interaction with any such third parties.

7. Each User undertakes to use the Product/Service and/or the Platform in accordance with its purpose, applicable law, social and moral norms and the provisions hereof. The User is obliged to protect own passwords, logins and private keys against third parties access. Any results of unauthorized acquisition of the password, keys or other data enabling the access to the Crypto Assets owned by the User are not the liability of the BITCAP.
8. Product, Service and Platform breaks. Breaks of technical causes may occur during functioning of the Product/Service and the Platform. The User has no claims resulting from the suspension or termination of the Product/Service provision by the BITCAP. The provision of the Services may be interrupted in the event of inappropriate connection quality, damage or defects of telecommunications equipment, power systems, computer equipment, failure of the telecommunications network, power outages or any action of third parties.
9. Changes in the Product. The User acknowledges that BITCAP, during the term of a particular Product purchased by the User, may at any time, in its sole discretion, change access to a particular Product, including providing access to another similar Product. The User will then have access to the particular Product until the termination and completion of the particular Product, after which time the User will be granted access to another similar Product currently available in the BITCAP offer. In addition, BITCAP reserves the right to transfer the particular Product purchased by the User to another third party website, so that further access to that Product will be available to the User. The User does not have any claims against Us as a result of this situation.
10. Product Limitation. BITCAP declares that it makes every effort to provide Users with continuous access to the Platform, the Services and the Product. However, BITCAP reserves the right to suspend, limit or remove access to the Platform, Services or a particular Product at any time, without prior notice to the User. The situation referred to in the preceding sentence, in particular but not exclusively, applies to the Products designated as Lifetime. The User does not have any claims against Us as a result of this situation.
11. Blocking the Access. BITCAP has the right to block access to the Product/Service and Platform or individual functions in the event of irregularities in the use of the Product/Service and the Platform, in particular in the event of circumstances that could harm the User or the BITCAP. BITCAP shall not be liable for the temporary suspension of access to the Product/Service and the Platform for the period necessary to remove any threats or irregularities.
12. No Warranties. BITCAP does not warrant that its Services will be accessible for User at the times or locations chosen by the User, are error-free or free of viruses or other harmful components, as well as BITCAP does not warrant that its Products/Services will suit the User’s purpose of use.
13. To ensure the proper operation of the Product/Service and the Platform, BITCAP, at its sole discretion, has the right to update the Product/Service and the Platform without prior notification. To continue using the Services and Products, you must accept these updates, including third party software updates from time to time.

VII. COPYRIGHTS AND INTELLECTUAL PROPERTY

1. Competent Entity. BITCAP has all rights to the Platform, including proprietary copyrights to the Platform, as well as to its individual parts, in particular to text, graphic and multimedia elements as well as programming elements generating and operating the Platform, including industrial property rights and any other derivative rights, excluding the content provided by third-party providers.
2. Upon the use of the Platform and Product and the acceptance hereof by the User, BITCAP grants the User a non-exclusive license to use the Platform and Product, to the extent of the Services used by the User. The license is non-transferable and is granted for the duration of the User’s use of the Platform and Product in accordance with its purpose and in a manner consistent herewith. The non-exclusive license granted to the User does not authorize the User to grant further licenses. Furthermore, the User is not authorized to act outside the scope of the License.
3. Transferring the content of the Platform and Product to third parties is allowed only with the use of tools contained on the Platform and intended for this purpose. The User has no right to reproduce, sell or otherwise market or distribute the content provided in the Product, the Platform’s source code, in whole or in part, in particular to send or make it available in computer systems and networks, mobile application distribution systems or any other ICT systems.
4. Along with the termination of the Agreement, the granted licenses are terminated with a 7-day notice period. For the use of the work after this period, BITCAP shall be entitled to charge additional remuneration.
5. Breach of the License Terms and Conditions. In the event of a breach by the User of the terms and conditions of using the Platform or Product or the licenses granted, BITCAP shall be entitled to block the User’s access to the Platform and Product and revoke the granted license. The above does not prejudice the BITCAP’s right to take other appropriate and legal actions in connection with the breach.

VIII. NOTIFICATIONS AND COMPLAINTS

1. All notifications about functioning of the Platform, Product and Services provided via it, as well as questions about using the Platform shall be directed via e-mail address: contact@bitcap.store.
2. Content of the Notification. The notification shall include: User details, Product details, contact details, reasons for notification and detailed description.
3. Response to the Notification. Within 14 days from the date of receiving a notification, BITCAP considers the notification and informs the User about the result of its consideration. This period may be extended if the consideration of the complaint requires special information or BITCAP encounters other difficulties beyond its control or if it is necessary to obtain additional information from the User. The reply to the complaint shall be sent by BITCAP to the e-mail address from which it was received. Sending a complaint by the User in an electronic form is understood as a consent to receive a response from BITCAP also in electronic form.
4. Reservations. BITCAP reserves the right not to respond to a complaint that is clearly unfounded, in particular to the extent that the complaint has already been examined in relation to a given User.
5. Consumer rights. The User, who is a consumer, shall have the right to make use of out-of-court means of handling complaints and pursuing claims. For this purpose, the User shall have the option of resolving disputes electronically through the EU online ODR platform available at http://ec.europa.eu/consumers/odr/
   

IX. LIABILITY OF THE LIABILITY

1. BITCAP supervises the technical functioning of the Platform, Product and Services on an ongoing basis, ensuring its correct operation. However, BITCAP does not guarantee the constant availability of all functions of the Platform and Services, as well as their error-free operation.
2. Exemption of Liability. The User uses the Platform, Product and Services voluntarily, at own risk. As far as it is permitted by law, BITCAP is not liable to the User for any damages, including loss of revenues, lost profits, data, business interruption or other unless these damages arise from BITCAP’s gross negligence or willful misconduct or from death or personal injury arising from BITCAP’s any negligence or fraud. These Terms and Conditions does not affect any statutory rights of consumers. The User undertakes to indemnify, defend and hold BITCAP (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third party resulting from or arising out of the User’s use of the Product/Service and the Platform, or any breach by the User of this Agreement. For the avoidance of doubt, the foregoing does not apply if the infringement of rights is not attributable to the User’s intentional or negligent behavior.
3. Force Majeure. BITCAP shall not be liable and shall be excluded from performing if such performance hereunder is interfered with by any condition beyond BITCAP’s reasonable control, including labor disputes, or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts of orders of government, acts of terrorism or war.

X. FINAL PROVISIONS

1. All disputes that may arise in connection herewith shall be settled amicably in the first place, by mutual arrangements between the User and BITCAP. The User acknowledges and accepts that the amicable resolution of a dispute procedure is a condition precedent that shall be met prior to commencing any legal proceedings. In such a situation, the User is obliged to contact BITCAP via e-mail address pursuant to provisions hereof. If the above requirements are met, as well as in the absence of an amicable solution to the dispute, the provisions hereof shall be settled by the court competent for the current place of the registered office of the BITCAP. At the same time, the User acknowledges and accepts that disputes arising therefrom may only be considered on the basis of an individual case of the User. In no way the BITCAP is obliged to settle disputes as collective cases or collective actions.
2. Relevant Jurisdiction. The provisions hereof and all disputes between BITCAP and the User are subject to law applicable in the place of the BITCAP’s main office at a given moment. Any claim arising out of it shall be resolved exclusively by the competent court having jurisdiction in the United Arab Emirates, unless the law in your country of residence allows you to choose the courts of that country for the dispute in question.
3. Right to transfer. The User acknowledges and accepts that BITCAP may transfer the rights and obligations resulting from the implementation of the provisions hereof to another entity, person or third parties, including transferring the rights and obligations to another, newly established company as a result of the transformation.
4. Additional Policies. BITCAP may publish additional policies related to its Product and Services. The User must agree and comply with these policies to use the Product and Services.
5. Nullity. No legal basis or incompleteness of any of the provisions contained herein does not mean that the entire document is null and void. Such provisions shall be amended to the ones that best reflect their meaning and purpose.
6. Right to change. BITCAP reserves the right to make changes to this Agreement, if necessary, in particular for legal reasons or in connection with changes in the services provided. In the event of such a circumstance, the User shall be informed and BITCAP shall publish the current wording of the Agreement with the date of amendments on the Platform.