This document is an additional to the terms and conditions together with the terms of use of bitcap.store (available at: https://bitcap.store/terms-and-conditions). The documents should be regarded as complementary to each other.

§1 GENERAL PROVISIONS

The Terms of Service sets out the rules for the provision of services electronically by 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 (hereinafter: “Operator” or “BITCAP”), at https:/ Service /app.Bitcap.app/ and its subdomains (hereinafter: “Service”), as well as the rules of use of the Service by Users.

Service – is a service provided by BITCAP consisting of:

• providing services electronically in the form of providing tools for investing in cryptocurrency exchanges by connecting to them through the relevant API,
• providing services electronically in the form of a free or paid subscription to the relevant services,

The User to whom the Services may be provided may be:

1. a natural person with full legal capacity (i.e. a person over 18 years of age with full legal capacity),
2. a legal person, as well as an organizational unit without legal personality, having legal capacity on the basis of separate regulations only if it complies with the regulations in force in its country of residence, subject to the signing of an individual agreement beyond the applicable provisions of these Regulations.

The terms used in these Regulations shall mean:

1. investment tools, services (provided by BITCAP) – is a set of information technology equipment and software, the purpose of which is to provide, process and store, as well as transmit and receive data over telecommunications networks.
2. API – is an application programming interface, a way of communication between network applications and software components and exchange of information between separate systems. API enables the proper functioning of electronic services.
3. Service Provider, Entity providing access to the service – means entities that enable Users – depending on the selected
   package – in particular, mediating the exchange of cryptocurrencies, withdrawing funds, gaining access to tools, logging in – whose applications are supported by the API in a way that enables the provision of the Service, which are:

a. The PayPal application provided by PayPal (Europe) S.à rl et Cie, SCA with its registered office in Luxembourg at 22-24 Boulevard Royal, L-2449 Luxembourg, Luxembourg, registered under RCS Luxembourg B 118 349;

b. CoinPayments application provided by CoinPayments Inc., Hodltech OÜ headquartered in Tallinn, at Tornimäe 5, 2nd floor, 10145 Tallinn, State of Estonia registered under license number FVT000191

Application c. Binance provided by Bifinity UAB, headquartered at 18, Vilnius, Vilnius, State of Lithuania registered under license number 305595206;

Application d. OKX provided by Aux Cayes FinTech Co. Ltd. with registered office at Suite 202, 2nd Floor, Eden Plaza, Eden Island, Victoria, Mahe, Seychelles, registered under license number 202706.

BitMex application e. provided by HDR Global Trading Limited, LIMITED Second Floor. Capital City, Independence Avenue, PO Box 1008 Victoria, Mahe, Seychelles registered under number 148707.

Google Application f., provided by Google LLC, headquartered at 1600 Amphitheatre Parkway Mountain View, CA 94043, USA, registered under tax ID number 77-0493581.

g. Facebook Application, provided by Facebook Inc. with registered office at 1601 WILLOW ROAD MENLO PARK CA 94025, USA, registered under Tax ID number 20-1665019
Consent – means the unquestionable consent given by an BITCAP User to request the Provider(s) through the service interface provider.

GRATIS STARTER Subscription – a subscription that includes the following services on a limited basis: Buy/Sell: Limit, Market, Stop Limit Buy, Stop Loss; FEATURES: BTC/Dollar graphical chart, hidden orders, statistics, rankings.

BASIC paid subscription – BASIC subscription includes STARTER and BUY/SELL Trailing SL Buy, Trailing SL Sell, Bitcap Sell, Bitcap Buy Smart Trading FEATURES and Bonuses described in current proposals.

PROFESSIONAL + BOTS paid subscription – paid subscription includes BASIC services and access to technological solutions described in subscription and bonuses described in current proposals.

The User may bill for the Subscriptions referred to in items. 6.- 7. as follows – by paying the Subscription Fee in the currency and amount indicated in the description of the Service and through the referral link.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part of the Terms, you may not access the Service.

By creating an Account on our platform, you agree to subscribe to newsletters, marketing or promotional materials and other information that we may send you. However, you may opt out of receiving some or all information from us by clicking on the unsubscribe link or instructions included in any email sent to you.

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to provide certain information regarding your purchase, including but not limited to your credit card number, credit card expiration date, billing address and shipping information. You confirm and warrant that: (i) you are authorized to use any credit card or other payment method in connection with any Purchase; and (ii) the information you provide to us is true, correct and complete. The Service may rely on the use
of third parties to facilitate payment and fulfillment of Purchases. By submitting your information, you give us the right to provide information to these third parties in accordance with our Privacy Policy. We reserve the right to refuse or cancel any order at any time for any reason, including but not limited to: availability of a product or service, errors in the description or price of a product or service, error in your order, or any other reason . We reserve the right to refuse or cancel orders in case of suspected fraud or unauthorized or illegal transactions.

We are continually updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertisements on other websites. Information found on the Service may contain errors or inaccuracies and may be incomplete or out of date. Products or services may be mispriced, described inaccurately or unavailable on the Service, and we cannot guarantee the accuracy or completeness of any information found on the Service. Accordingly, we reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without notice.

Any contests, lotteries or other promotions (collectively, “Promotions”) made available through the Service may be subject to rules separate from these Terms. If you are participating in any Promotions, please review the applicable rules and our Privacy Policy. If the rules of a Promotion conflict with these Terms, the rules of the Promotion will apply.
Our Service may contain links to third party sites or services that are not owned or controlled by BITCAP.

BITCAP has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. We do not guarantee the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that BITCAP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party sites or services.

We strongly recommend that you review the terms and conditions and privacy policies of any third party sites or services you visit

§2 CONCLUSION OF THE CONTRACT AND USE OF THE CONTRACTED SERVICE

The conclusion of the contract for the provision of services is made through the website of the Service. The Service is made available only to registered Users who have provided correct personal information.

The conclusion of the contract for provision of Services takes place when the User clicks the “Create a new account” button in the process of creating an account on the Website, which is equivalent to acceptance of these Regulations.

The Agreement for the provision of Services is concluded upon acceptance of the Regulations by the User, subject to successful verification of the User’s identity by the Operator in accordance with the regulations on anti-money laundering and financing of terrorism. The Agreement for the provision of Services is concluded for an indefinite period of time.

Acceptance of the Terms and Conditions by the User is tantamount to making a statement that:

1. the User has read and accepts the Terms and Conditions;
2. the User agrees to process personal data in accordance with the Privacy Policy, and enters into an agreement with BITCAP.

After registration, in order to use the Service, the User is assigned an individual designation (Account). Each User may have one Account on the Service.

Use of the Services is made by logging into the Service via app.bitcap.app.

Use of the Service with external applications, overlays or plug-ins is at the sole risk of the User, for which BITCAP is not responsible. The User is obliged to protect his/her passwords, e-mail accounts and data necessary for logging into the Service, in particular not to make them available to third parties.

Temporary discontinuation of the Service limits the User’s ability to use the Service.

Permanent discontinuation of the Service may result in the deletion of all data from the BITCAP teleinformatic system entered by the User, unless:

1. the law provides otherwise, or
2. deletion of all data entered by the User from the BITCAP IT system is not possible due to the nature of the Service.

§3 RIGHTS AND OBLIGATIONS OF THE OPERATOR

BITCAP, in providing the service, is obliged to:

1. provide services only on the basis of the user’s express consent;
2. ensure that the user’s individual credentials are not to be, with the exception of the user and the issuer of the individual credentials, accessible to other parties, and that when transmitted by the service provider, this is done through secure and effective channels;
3. for each communication session, identify yourself to the Entity providing access to the service interface to the Service Recipient and communicate securely with the above Entity;
4. not use, obtain or store any data for purposes other than the performance of the service, in accordance with data protection regulations.

BITCAP may only access information regarding designated services and related payment transactions.

§4 NO ACCESS TO SERVICES

The Service Provider shall act only on the basis of the User’s consent expressed in no uncertain terms.

The User acknowledges that the User’s expression of Consent, however, in no way constitutes a guarantee of receiving the service due to the mechanisms protecting Users from unauthorized or illegal actions of the Service Provider.
The User acknowledges that BITCAP through the Service Provider may encounter denial of access by the Service Provider.

The refusal referred to in the preceding paragraph may occur only for reasons objectively justified and duly documented by the Service Provider, related to unauthorized or illegal access to the service, including unauthorized initiation of a payment transaction.

The User shall be notified of BITCAP’s denial of access to the service by the entity providing the service before the denial is made, at the latest immediately after the denial, but no later than the business day following the day of the denial, unless the notification was not
expedient due to objectively justified security reasons or is contrary to separate regulations.

The user acknowledges that the entity providing access to the service interface is informed of the event referred to in the preceding paragraph.
8.3 shall apply to BITCAP’s liability for the User’s inability to use the Service due to unjustified lack of access to the service as referred to in § 5.

§5 USER’S OBLIGATIONS AND STATEMENTS

The User shall be obliged to agree to BITCAP’s request to the Service Interface Provider for access to the data.

The User is obliged to refrain from performing any unlawful acts in the use of the Service, in particular:

1. use the Service directly or indirectly for a purpose that is contrary to the law, the Terms of Service, good morals or generally accepted rules of Internet use;
2. using the Service in a manner that violates the rights of BITCAP or third parties;
3. providing data by or to BITCAP’s IT system that causes interference with or overloads BITCAP’s IT system or those of third parties directly or indirectly involved in the provision of the Service;
4. otherwise violating the law, these Terms and Conditions, the welfare of BITCAP or third parties, good morals, generally accepted rules of Internet use.

You acknowledge that the basis of cooperation between BITCAP and the Service Interface Provider is the request of the Service Interface Provider to provide information about this account to the Service Provider, after which the Service Provider shall enable BITCAP to provide services based on the authentication used in the relationship between you and the Service Provider.

You agree to defend, indemnify and hold BITCAP and its licensees and licensors and their employees, contractors, agents, officers and directors harmless from any and all claims, damages,
liabilities, losses, obligations, costs or debts and expenses ( including but not limited to attorney’s fees) arising out of or resulting from (a) your or any person’s use of your account
and password by you or any person using and accessing the Service; (b) any violation of these Terms; or (c) Content published on the Service.

§6 OPERATOR COMPENSATION FOR SUBSCRIPTIONS

BITCAP will charge a monthly/annual fee (subscription) in the amount specified at the time of payment for the provision of the Service and guaranteed access to the Account.

§7 TERMINATION OF THE AGREEMENT

The Service Agreement shall be terminated:

1. at the request of the User expressed by deletion of the User’s Account,
2. by BITCAP in cases indicated in the Regulations.

Termination of the agreement for the provision of the Service results in deletion of the account understood as blocking the possibility of logging into the User’s Account. In such a case, the data provided by the User will be removed from the Service, unless otherwise provided by law.

The Operator indicates that after termination of the agreement for the provision of the Service, it is obliged to store the User’s billing data on the basis of tax regulations for the period indicated therein.

BITCAP shall be entitled to terminate the Service Agreement with the User in case of failure to timely pay the remuneration referred to in §6, in case of requesting deferred payment.

§8 USER RESPONSIBILITY

The User is responsible for all actions taken after logging in with his/her login and password. The User uses the Service at his/her own risk, which does not exclude or limit liability, related to the provision of the BITCAP Service, to the extent that it cannot be excluded or limited by law. BITCAP shall not be liable for services guaranteed by service providers.

In addition, BITCAP shall not be responsible for:

1. deletion of data entered by Users into the teleinformatic system by teleinformatic systems beyond BITCAP’s control,
2. the consequences of the User sharing login and password with third parties;
3. the consequences of the actions or omissions of third-party operators or other entities providing services to Users within the framework of particular functionalities of the Website,
4. delays in the display of the Service on the devices used by the User caused by servers other than BITCAP’s servers,
5. in the event of problems or technical limitations, including data transmission speeds of computer equipment, terminal equipment and data communications systems used by the User, which prevent the User from using the Service
6. liability for the consequences of the User’s use of the Service in a manner contrary to the applicable law, the Regulations or the accepted rules of social intercourse or custom.

In no event shall BITCAP or its directors, employees, partners, agents, suppliers or affiliates be liable for any indirect, incidental, special, consequential or punitive damages, including
but not limited to loss of profits, data, use, goodwill or other intangible losses, resulting from (i) your access to, use of, or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort
ious act (including negligence) or any other legal theory, whether or not we have been advised of the possibility of such damages, and even if it appears that the remedy set forth herein has failed of its essential purpose.

The User uses the Service at his/her own risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

BITCAP, its subsidiaries, affiliates and licensors do not warrant that a) the Service will be uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply.

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such rights. If any provision of these Terms is found by a court to be invalid or unenforceable, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede any prior agreements we may have entered into between us regarding the Service.
Please be advised that we may terminate or suspend your account and block your access to the Service immediately, without notice or liability, at our sole discretion, for any reason and without limitation, including, but not limited to, violation of the Terms.

§9 DATA PROTECTION, PRIVACY POLICY AND USER VERIFICATION

The rules for the processing of personal data used and processed by the Operator, as well as the provisions relating to RODO, are included in the Privacy Policy available on the Service. The Privacy Policy is attached to these Terms and Conditions and is an integral part thereof.

The Service and its original content (excluding User-Provided Content), features and functionality are and will remain the exclusive property of BITCAP and its licensors. The Service is protected by copyright and/or trademark and/or other laws of both the European Union and other countries. Our trademarks and commercial patterns may not be used in conjunction with any product or service without the prior written consent of BITCAP.

§10 COMPLAINT PROCEDURE

If, in the opinion of the User, the Services provided by the Operator are not performed in accordance with the provisions of the Regulations or the law, the User may file a complaint in the manner specified below.

A complaint may be submitted in the following form:

1. in writing to the address given in the introduction;
2. electronically, by sending it to the e-mail address
   contact@Bitcap.store

The complaint should include:

1. the name (login) under which the User appears on the Website;
2. the subject and circumstances justifying the complaint
3. the proposed method of settling the complaint.

Complaints are processed in the order of receipt, but no later than within 15 working days of receipt.

This deadline may be extended in particularly complicated and difficult cases, of which BITCAP will inform the User, indicating the reasons for the delay, the circumstances that need to be established and the expected response time, which may not be longer than 35 working days from receipt of the complaint.

The person filing the complaint will be informed of the manner in which the complaint will be handled in the form in which it was filed.

The User has the right to appeal against the Operator’s decision within 30 days of receiving the response. The appeal shall be considered by the Operator.

§11 SPECIAL SECURITY PROCEDURES FOR THE SERVICE

BITCAP is entitled to prevent (block) access to the data available in the User’s Account and the entered ICT system in the case of:

1. receiving official notice of the unlawful nature of the stored data or related activities,
2. obtaining reliable information or becoming aware of the unlawfulness of the stored data or related activities.

In the case referred to in paragraph 1, BITCAP will immediately notify the User of its intention to prevent (block) access to the data. The notification will be sent to the e-mail address or telephone number of the User indicated and confirmed at the time of registration, or in the case of a change in this regard made by the User after the date of registration – to the changed and confirmed e-mail address or telephone number.

§12 TECHNICAL REQUIREMENTS.

Use of the Service requires a device with access to the Internet, which supports a web browser (e.g. Mozilla, Opera, Chrome) and supports JavaScript and Cookies in the browser.

BITCAP may update the Service. BITCAP agrees that in the event of changes related to technological changes to the Service, it will inform the User by email to the address saved on the Service or by posting the information in a prominent place on the Service.

A change in technical requirements is not equivalent to a change in the Terms of Service, unless it results in the Operator’s inability to provide the Service to the User.

BITCAP reserves the right to suspend or terminate the provision of particular functionalities of the Service due to the need for maintenance, overhaul or expansion of the technical base, if this is required for stable operation of the Service.

§13 CHANGES TO THE REGULATIONS

BITCAP is entitled to amend the Terms of Service, and such amendment shall become effective on the date indicated. The date of amendment shall not be shorter than 7 days from the date of making the amended Regulations available on the Service.

The first time the User logs on to the Service, counting from the effective date of the changes, he/she will be informed about the changes and the possibility of accepting them.

§14 GOVERNING LAW

The contract between the User and BITCAP, the subject of which is the Services provided by BITCAP on the Service under the terms and conditions set forth in the Terms of Service, shall be governed by the laws of the United Arab Emirates.

The foregoing provisions are invalid where prohibited (“APPLICABLE WHERE PROHIBITED”).