Terms of Service

These Terms of Service, together with any schedules, annexes, policies, and other documents expressly incorporated herein by reference, in each case as may be amended, restated, supplemented, or otherwise modified from time to time (collectively, the “Terms”), constitute a legally binding agreement between you, whether acting in a personal capacity or for and on behalf of any entity that you are duly authorised to represent (“you” or the “User”), and BitVault Europe S.A. LTD. (“BitVault”, “we”, “us”, or “our”), a company organised and existing under the laws of the Republic of Austria with its registered office at Kärntner Ring 12, 1010 Vienna, Austria, and govern your access to and use of the websites, applications, interfaces, tools, functionalities, content, and related services made available by or on behalf of BitVault from time to time (collectively, the “Services”). By accessing, browsing, registering for, or otherwise using the Services, or by indicating your assent by any other means recognised under applicable law, you acknowledge that you have read, understood, and agreed to be bound by these Terms in their entirety. If you do not agree to these Terms, or if you are not able or willing to be bound by them, you must refrain from accessing or using the Services.

1. Interpretation

In these Terms, unless the context otherwise requires: (a) references to statutes, regulations, directives, or other legislative instruments shall be construed as references to such instruments as amended, re-enacted, consolidated, or replaced from time to time; (b) the words “include”, “includes”, and “including” shall be deemed to be followed by the phrase “without limitation”; (c) headings are inserted for convenience only and shall not affect the interpretation of any provision; and (d) any determination, opinion, judgment, or exercise of discretion by BitVault contemplated by these Terms may be made or exercised by BitVault in its sole and absolute discretion, save where applicable law provides otherwise.

2. Eligibility & Capacity

Access to and use of the Services is limited to persons who: (a) have attained the age of eighteen (18) years or such higher age of majority as may apply in the relevant jurisdiction; (b) possess full legal capacity to enter into a binding contractual arrangement; and (c) are not, at the relevant time, located in, ordinarily resident in, incorporated in, or otherwise connected with any jurisdiction in which access to or use of the Services would be unlawful, restricted, or subject to authorisation requirements that have not been satisfied. Without limiting the generality of the foregoing, the Services must not be accessed or used by any person that is the subject of sanctions, restrictive measures, or similar designations administered or enforced by the European Union, the United Nations Security Council, or any other governmental, supranational, or regulatory authority of competent jurisdiction. BitVault may, at any time and from time to time, impose, vary, or remove eligibility criteria, and may decline to establish, or may discontinue, a relationship with any person, in each case to the extent permissible under applicable law and without any obligation to state its reasons.

3. Account Registration, Credentials & Security

In order to access certain features of the Services, you may be required to register an account and to provide such information and documentation as BitVault may reasonably request from time to time, including for the purposes described in our AML & KYC Policy. You represent and warrant, on a continuing basis, that all information provided by you or on your behalf is and shall remain true, accurate, current, and complete in all material respects, and you undertake to notify us without undue delay of any change thereto. You are, and shall at all times remain, solely responsible for: (a) safeguarding the confidentiality of any credentials, passwords, codes, devices, or other means of authentication associated with your account; (b) enabling and maintaining such security features as may be made available from time to time, including two-factor authentication; and (c) any and all acts and omissions occurring under or in connection with your account, whether or not authorised by you, save to the extent mandatory applicable law provides otherwise. You shall notify us promptly at support@bitvaultapp.net upon becoming aware of any actual or suspected unauthorised access to or use of your account.

4. Nature and Scope of the Services

BitVault makes available, through the Services, certain digital-asset account and portfolio functionality, transaction facilitation, informational displays, and dedicated fraud-response and asset-recovery assistance, in each case as further described within the Services from time to time. The precise scope, availability, features, and parameters of the Services may vary by jurisdiction, by user category, and over time, and nothing in these Terms shall be construed as obliging BitVault to make available, to continue to make available, or to maintain any particular feature, functionality, market, asset, or service. Certain aspects of the Services are dependent upon systems, networks, infrastructure, and services operated by third parties, including exchanges, liquidity venues, payment service providers, and distributed ledger networks, whose availability, performance, and terms are outside the control of BitVault.

Where and to the extent the Services are provided on a custodial basis, you acknowledge and agree that deposits, top-ups, withdrawals, purchases, and internal transfers are reviewed, processed, and settled manually by BitVault, and are credited to or debited from your BitVault balance only following such verification, review, and operational procedures as BitVault may apply from time to time, rather than by way of automated on-chain detection. Accordingly, crediting and settlement may not be instantaneous, and no assurance is given as to the time within which any particular transaction will be reviewed, processed, or settled. The balances, valuations, prices, and transaction statuses displayed within the Services reflect BitVault’s internal books and records, which shall, absent manifest error, be determinative for all purposes connected with the Services. You should in every case confirm current deposit details with our team prior to remitting any funds or assets; BitVault accepts no responsibility or liability for funds or assets transmitted to an incorrect, superseded, or otherwise inapplicable address or account. Further particulars are set out in our Risk Disclosure Statement.

5. Recovery Assistance

Where you engage BitVault’s fraud-response or asset-recovery assistance, BitVault shall use such commercially reasonable efforts as it considers appropriate in the circumstances, which may include analysis of distributed-ledger data, liaison with exchanges, financial institutions, and other intermediaries, and referral of matters to law-enforcement, regulatory, or other competent authorities. You acknowledge and agree that all such assistance is provided strictly on a best-efforts basis, that the outcome of any investigation or recovery effort is inherently uncertain and dependent upon numerous factors outside the control of BitVault, including the conduct of third parties and the technical characteristics of the relevant networks, and that BitVault does not represent, warrant, undertake, or guarantee that any lost, stolen, misdirected, or otherwise impaired assets will be identified, traced, frozen, returned, or recovered, in whole or in part, within any particular timeframe or at all.

6. Fees, Costs & Charges

The use of certain features of the Services is subject to fees, costs, charges, spreads, and other amounts, the applicable details of which are disclosed within the Services prior to your confirmation of the relevant transaction or are otherwise notified to you from time to time. Network, validator, or similar fees levied by or in connection with the underlying distributed-ledger networks are determined by those networks, are outside the control of BitVault, and are non-refundable. BitVault reserves the right to introduce, vary, or withdraw fees from time to time, subject to such prior notice as may be required by applicable law. You are solely responsible for all taxes, duties, levies, and similar amounts arising in connection with your use of the Services, and BitVault provides no advice in respect thereof.

7. Prohibited Conduct

You shall not, and shall not attempt to, and shall not knowingly permit, assist, or facilitate any third party to: (a) use the Services in connection with money laundering, terrorist financing, fraud, market abuse, or any other unlawful, deceptive, or improper purpose; (b) circumvent, disable, probe, or interfere with any security, verification, rate-limiting, or other control forming part of the Services; (c) infringe, misappropriate, or violate any intellectual-property, privacy, publicity, or other right of any person; (d) deal in any asset that you do not lawfully own or control or that is derived, directly or indirectly, from unlawful conduct; or (e) otherwise act in a manner inconsistent with these Terms, our Acceptable Use Policy, or applicable law. The foregoing enumeration is illustrative and not exhaustive.

8. Intellectual Property

The Services, together with all software, source code, object code, interfaces, databases, text, graphics, designs, logos, trade marks, trade names, service marks, and other materials and content comprised therein or made available in connection therewith, are and shall remain the exclusive property of BitVault or its licensors, and are protected by intellectual-property and other proprietary laws and treaties throughout the world. Subject to your continued compliance with these Terms, BitVault grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Services solely for their intended purpose. No right, title, or interest of any kind is transferred or granted to you save as expressly set out in these Terms, and all rights not expressly granted are reserved.

9. Third-Party Services, Content & References

The Services may contain links to, integrations with, or content, data, or functionality supplied by, third parties. Such third-party services and content are provided for convenience only; BitVault does not endorse, control, or assume any responsibility for them, and your use thereof is at your own risk and may be subject to separate terms and privacy arrangements, which you are responsible for reviewing.

Any names, logos, trade marks, or other identifiers of third-party exchanges, trading venues, liquidity sources, technology providers, or similar undertakings that may from time to time appear on or within the Services or any associated marketing or informational materials (including under headings such as “Liquidity & Exchange Partners” or words of similar import) are displayed for general informational and descriptive purposes only. Such references are intended solely to denote categories of market infrastructure, venues, or service providers that BitVault may, in its sole discretion and without any obligation, access, utilise, consider, or otherwise have regard to, directly or indirectly, in connection with liquidity sourcing, order handling, market data, or related operational functions; any such arrangements, where and to the extent they exist at all, may be indirect, intermediated, non-exclusive, and subject to modification, suspension, or termination at any time without notice. No such reference constitutes, and none shall be understood or construed as constituting, a partnership, joint venture, agency, sponsorship, endorsement, recommendation, affiliation, or any other form of legal or commercial relationship between BitVault and the relevant third party, nor any representation or warranty that any such relationship subsists at any particular time; nor does any third party so named or depicted endorse, sponsor, or assume any responsibility whatsoever for the Services. All third-party names and marks remain the exclusive property of their respective owners and, where used, are used in a purely nominative and referential manner.

Likewise, any statements, badges, seals, or other indicia appearing on or within the Services concerning security measures, technical standards, or legal or regulatory frameworks (including under headings such as “Security & Compliance” or words of similar import) are descriptive of practices, technologies, standards, or frameworks that BitVault applies, pursues, or has regard to, in whole or in part, as a matter of internal operations, and are provided for general informational purposes only. Unless and to the extent expressly stated otherwise in a written instrument identifying the certifying or approving body and the scope of the relevant certification or approval, no such statement or indicium constitutes, and none shall be understood as constituting, a representation that BitVault has been audited, certified, licensed, accredited, approved, or endorsed by any standards body, regulator, or other authority, or that any particular level of security, protection, or regulatory status is achieved or guaranteed.

10. Availability, Modification & Withdrawal of the Services

BitVault does not warrant that the Services will be available continuously, without interruption, or free of errors or defects. BitVault may, at any time and from time to time, and without incurring any liability, modify, supplement, suspend, restrict, or discontinue all or any part of the Services, whether temporarily or permanently, for reasons including maintenance, security, legal or regulatory compliance, or commercial considerations, with such notice, if any, as is reasonable in the circumstances or required by applicable law.

11. Disclaimers

The Services are provided on an “as is” and “as available” basis, with all faults and without warranty of any kind. To the fullest extent permissible under applicable law, BitVault, on behalf of itself and its affiliates, licensors, and service providers, expressly disclaims all warranties, conditions, representations, and terms of any kind, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement, accuracy, or uninterrupted or error-free operation. Nothing within the Services constitutes, or should be construed as, investment, financial, legal, tax, accounting, or other professional advice, or a recommendation, solicitation, or offer in respect of any asset or course of action. Digital assets are subject to significant risks, as further described in our Risk Disclosure Statement, all of which you assume in full by using the Services.

12. Limitation of Liability

To the fullest extent permissible under applicable law, in no event shall BitVault or any of its affiliates, directors, officers, employees, agents, licensors, or service providers be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for: (a) any indirect, incidental, special, consequential, exemplary, or punitive loss or damage; (b) any loss of profits, revenue, business, goodwill, anticipated savings, data, or digital assets; or (c) any loss or damage arising from or in connection with matters outside BitVault’s reasonable control, including the acts or omissions of third parties, the performance or non-performance of distributed-ledger networks, or your own acts, omissions, or breach of these Terms, in each case even if advised of the possibility of such loss or damage. Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited under mandatory provisions of Austrian or European Union law, including liability for wilful misconduct.

13. Indemnity

You shall indemnify, defend, and hold harmless BitVault and its affiliates, directors, officers, employees, and agents from and against any and all claims, demands, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your access to or use of the Services; (b) your breach or alleged breach of these Terms or of applicable law; or (c) your violation of any right of any third party, save in each case to the extent such matter results from BitVault’s wilful misconduct or to the extent such indemnity is unenforceable under mandatory applicable law.

14. Suspension & Termination

BitVault may, with or without prior notice and without prejudice to any other right or remedy available to it, suspend, restrict, limit, or terminate your access to all or any part of the Services, and may decline, delay, or reverse any transaction, where BitVault considers, acting reasonably, that: (a) you have breached or may have breached these Terms or any incorporated policy; (b) such action is necessary or prudent for legal, regulatory, security, or risk-management reasons; (c) such action is required by any competent authority; or (d) such action is otherwise appropriate to protect the integrity of the Services, BitVault, or any user. You may close your account at any time, subject to the completion of any pending matters and to such verification and settlement procedures as BitVault may reasonably require. Provisions of these Terms which by their nature are intended to survive termination shall so survive.

15. Governing Law & Dispute Resolution

These Terms, and any dispute, controversy, or claim arising out of or in connection with them, their subject matter, formation, validity, or termination (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Republic of Austria, without regard to its conflict-of-laws principles. Subject to any non-waivable rights available to consumers under applicable law, the courts of Vienna, Austria shall have exclusive jurisdiction. Consumers residing in the European Union may also have recourse to the European Commission’s Online Dispute Resolution platform. You agree, to the extent permissible, to first raise any complaint with us so that we may seek to resolve the matter amicably.

16. Amendments

BitVault may amend, restate, supplement, or otherwise modify these Terms from time to time. Where an amendment is material, BitVault will provide such notice as is reasonable in the circumstances or as required by applicable law, which may be given through the Services or by email. Save where a longer period is required by law, amendments take effect on the date indicated in the relevant notice or publication, and your continued access to or use of the Services after that date constitutes your acceptance of the amended Terms.

17. General Provisions

If any provision of these Terms is or becomes invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired, and the relevant provision shall be deemed modified to the minimum extent necessary to render it valid and enforceable. No failure or delay by BitVault in exercising any right or remedy shall operate as a waiver thereof. You may not assign, transfer, or otherwise deal with any of your rights or obligations under these Terms without BitVault’s prior written consent; BitVault may assign or transfer its rights and obligations without restriction, subject to applicable law. These Terms, together with the documents incorporated by reference, constitute the entire agreement between the parties with respect to their subject matter and supersede all prior agreements, understandings, and communications, whether written or oral. Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship. Notices to you may be given through the Services or to the contact details associated with your account; notices to BitVault should be given as set out below.

18. Contact

Enquiries concerning these Terms may be directed to legal@bitvaultapp.net or by post to BitVault Europe S.A. LTD., Kärntner Ring 12, 1010 Vienna, Austria.