Table of Contents:
iv. General Obligations and Restrictions
vi. KYC and Reversal Transaction Policy
vii. Risk Disclosure Statement
x. Customer Complaints Procedure
xi. Discontinuance of Service, Suspension and Termination
xii. Limitation of Liability, Disclaimer of Warranties
xiii. Applicable Law, Arbitration
i. Summary
1. Introduction.
1.1 These Terms of Use, along with any terms expressly incorporated herein (‘Terms’), govern the access and usage of the websites and mobile applications provided by Bitnomics.co and are applicable to the services that were provided until July 18, 2023. Bitnomics.co website is owned by Money Flow OÜ , a company registered under the number 14845103. Until July 18, 2023, Money Flow OÜ provided virtual currency services under licence number: FVT000047. After this date, Money Flow OÜ discontinued the provision of crypto exchange services at its own discretion and own decision, and the legal entity underwent a change in its area of economic activity. Money Flow OÜ has its registered and operational address at Valukoja tn 8/1, 11415, Estonia, located in Harju maakond, Tallinn, Lasnamäe linnaosa.
1.2. By clicking the “create account” button or using the Service, you agree to be legally bound by these Terms of Use and all terms incorporated by reference.
2. Eligibility.
2.1. You must meet eligibility criteria to use Bitnomics. You must be an adult. Some locations are not available.
2.2. You may not engage in illegal activities using our Service.
3. Service.
2.3. Bitnomics may suspend your account temporarily or permanently if you are not eligible to use Service or breach these Terms of Use.
3.1. Bitnomics provides exchange services (buy/sell) between various Fiat currencies (such as EUR) and Cryptocurrencies (such as BTC or ETH).
4. Risks.
4.1. Engaging in any exchange operation in the Cryptocurrency market can be risky and potentially have significant losses.
4.2. You, therefore, should carefully consider whether using the Service is suitable for you, in view of your financial resources and other circumstances.
4.3. Cryptocurrencies are inherently unpredictable and unstable, will continue to be for the foreseeable future, and entail an inherent risk with hacks, transfer errors and government sanctions out of control of Bitnomics.
4.4. Do not exchange funds you cannot afford to lose.
4.5. Bitnomics is not a trading site. Bitnomics does not endorse, support or recommend any trading platform. Bitnomics is not liable for any loss or damage, including any loss of funds or profit.
4.6. Please don’t use Service if you do not understand these risks.
ii. Key Definitions
1. Capitalized terms not otherwise defined in these Terms will have the following meaning:
1.1. “Cryptocurrency” shall mean BTC, ETH and any digital assets that may be purchased, sold via the Service.
1.2. “Exchange Fees” shall mean fees charged in connection with the Service at the applicable rates and computation methods specified in the Fee Schedule.
1.3. “External Account” shall mean any financial account of which you are the beneficial owner maintained by a third-party payment service of a financial institution.
1.4. “Force Majeure Event” shall mean an event beyond Bitnomics’s reasonable control, including but not limited to blockchain network failure, equipment for software malfunction, communications or power failure, the action of government, labour dispute, accident, riot, insurrection, war, fire, an act of God such as extraordinary weather conditions, earthquake, flood, or any other cause beyond Bitnomics’s reasonable control.
1.5. “Funds” shall mean Digital Asset, Legal Tender or Fiat currency.
1.6. “Market Exchange Rate” shall mean the prevailing market exchange rate, as determined by our liquidity providers.
1.7. “Actual Exchange Rate” shall mean the exchange rate at which an exchange order was executed.
1.8. “Wallet” shall mean any Cryptocurrency address or account owned, controlled by you only and operated outside of the Service.
1.9. “Service” shall mean the exchange of Fiat currency to Cryptocurrency and Cryptocurrency to Fiat currency.
1.10. “Unites States” shall mean the United States, District of Columbia and Insular Possession of the United States.
1.11. “U.S. legal entity” shall mean as follows:
(a) A United States citizen, resident, a national or protected individual under 8 USC 1324b(a)(3)
(b) A corporation or partnership organised under the Laws of the United States.
(c) A United States financial institution and its affiliates, branches, offices or agents incorporated, organised or located in the United States.
(d) An estate of a U.S. citizen or resident.
(e) A trust controlled by a U.S. citizen, resident, national, protected individual, company or financial institution.
(f) A pension plan of an employee of a legal entity described in paragraph
(b) above, unless the plan is for a foreign employee.
(g) A legal entity organised or incorporated outside the United States, where
a U.S. legal entity:
- Holds a 50% or greater equity interest by votes or value of the entity.
- Holds a majority of seats or memberships on the entity’s board of directors.
- Directs, authorises, or otherwise controls the entity’s actions, decisions or operations.
iii. Eligibility
- Bitnomics may not make the Service available in all markets and jurisdictions.
- If you are a U.S. legal entity (see “key definitions”), you are not eligible to use any Service.
- You represent and warrant that you:
(a) are of legal age to form a binding contract; You are 18 years of age or older (and at least in the legal age in your jurisdiction);
(b) have full power and authority to enter into this agreement and, in doing so, will not violate any other agreement to which you are a party;
(c) will not use our Service if any applicable laws in your country prohibit you from doing so in accordance with these Terms;
(d) are not located in, or a national or resident of any country to which the United States has embargoed goods or services;
(e) have not previously been suspended or removed from using our Service;
- If you are registering to use the Service on behalf of a legal entity, you represent and warrant that (a) such legal entity is duly organised and validly existing under the applicable laws of the jurisdiction of its organisation; and (b) you are duly authorised by such legal entity to act on its behalf.
- Bitnomics may condition your access or continued access to Service by imposing eligibility requirements.
- Bitnomics may require that you demonstrate that you continue to meet eligibility requirements.
iv. General Obligations and Restrictions
1. Introduction.
1.1. These Terms of Use apply to users of the Bitnomics website.
1.2. By using any of the services as defined below (“Service”), you acknowledge that you have read, understood, and agreed to these Terms of Use, as updated and amended from time to time. If you disagree to be bound by these Terms of Use, you may not access or use any services.
1.3. Only eligible Persons are permitted to use the Service. Any person that is not eligible to access the Site will be in breach of these Terms of Use.
1.4. These Terms of Use and the articles of incorporation constitute the entire agreement and understanding with respect to the use of all services.
2. Bitnomics Account.
2.1. You may have only one Bitnomics account per user of Service.
2.2. When you create a Bitnomics Account, you agree to:
(a) Provide accurate, current and truthful information;
(b) Create a strong password that you do not use for other online services;
(c) Maintain the security of your account by not sharing your password with third parties.
(d) Promptly notify Bitnomics if you detect any suspicious activity on your account.
(e) Take responsibility for all activities that occur under your account.
3. Transfer of Funds to Bitnomics Account.
3.1. You may transfer funds from an External Account of which you are the beneficial owner. This includes, but is not limited to, payment service accounts, deposit accounts by a financial institution, or Digital Asset Accounts.
3.2. An External Account may be used to deposit funds into your Bitnomics account or withdraw funds from your Bitnomics account.
3.3. The External Account must comply with all regulatory AML/KYC requirements.
3.4. You can deposit funds by credit card. Your deposit of funds to your Bitnomics account by credit card confirms that you have read, understood, and accepted these Terms of Use. Your credit card payments may be delayed or Rejected.
3.5. Your credit card company or a third-party processor may reject your credit card payment. Bitnomics will not be liable for any losses, fees, or charges connected to your credit card used.
3.6. Using your credit card is subject to additional terms set forth by your credit card agreement, including additional fees.
3.7. In case of a chargeback, you will be liable for any resulting costs and fees. You authorise Bitnomics to deduct costs and fees related to the chargeback directly from your Funds without notice.
4. Communications.
4.1. You consent to receive electronically all communications, agreements, documents, receipts, notices, tax forms, and disclosures Bitnomics provides in connection with the Service and your Bitnomics account.
4.2. You consent that Bitnomics may provide these communications to you by posting on webpages via the Service, emailing them to you at the email address you provide, and sending a text message to a mobile phone number. Carrier’s messaging, data or other fees may apply.
4.3. To access electronic communications, you must use a computer with an internet connection with a current web browser and software to read PDF files.
4.4. You must keep a current email address, mobile phone number, and mail address on file with Bitnomics. You consent that if Bitnomics sends you an electronic communication. Still, suppose you do not receive it because details are incorrect, out of date or blocked by your service provider, or you are otherwise unable to receive electronic communications. In that case, Bitnomics will be deemed to have provided the communication to you whether or not you received the communication.
4.5. If your email address or mobile phone number becomes invalid, such that electronic communications sent to you are returned, Bitnomics may deem your account to be inactive.
4.6. may withdraw your consent to receive electronic communications by sending a withdrawal notice to Bitnomics support. Bitnomics may suspend or terminate your use of Service.
4.7. If you would like a paper copy of the previous communication after withdrawal of consent to receive Communications electronically, you may request a copy by contacting Bitnomics support. Bitnomics will charge you a processing fee of 0.30 EUR per page and shipment expenses. You must provide a current physical mailing address.
5. Nature of Relationship.
5.1. The relationship between you and Bitnomics is independent.
5.2. Nothing herein contained shall be deemed to create any other form of relationship. Bitnomics is not acting as your agent, advisor, broker, trader, intermediary, or in any fiduciary capacity.
5.3. All communication provided to you shall be construed as advice of any kind, to perform or refrain from performing any action.
6. Taxes.
6.1. It is your full responsibility to determine if any taxes apply to transactions you complete using the Service.
6.2. It is your full responsibility to report and remit the correct tax to the appropriate tax authority.
6.3. Bitnomics cannot be responsible for determining whether taxes apply to your Transactions.
7. Fair Use.
7.1. By using the Service, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a wrongful act, a crime or a tort. You are solely responsible for your conduct while using our Service.
7.2. Without limiting the generality of the foregoing, you agree that you will not use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of Service.
7.3. You agree that you will not use Service to pay for, support or otherwise engage in any illegal gambling activities, money-laundering, financing terrorist activities, fraud or other illegal activities.
7.4. You agree that you will not use any robot, spider, crawler, scraper or other automated means or interface not provided by Bitnomics to access Service or extract data.
7.5. You agree that you will not use or attempt to use another user’s account.
7.6. You agree that you will not attempt to circumvent any content-filtering techniques or attempt to access any service or area of Service that you are not authorised to access.
7.7. agree that you will not develop any third-party applications that interact with Service.
7.8. You agree that you will not use Service to provide false, inaccurate, or misleading information.
7.9. You agree that you will not use Service to encourage or induce any third party to engage in any of the activities above.
8. Unclaimed Property.
8.1. If Bitnomics is unable, for any reason, to return your Funds to your External Account after a reasonable period of inactivity, Bitnomics may report and remit such Funds in accordance with applicable unclaimed property laws.
v. Exchange Terms.
1. Definition of Service.
By submitting an order via the Service interface, you authorise Bitnomics to execute a transaction on a spot basis and charge you all applicable fees.
2. Accuracy of Information.
2.1. You must provide all required information per the instructions presented on the screen.
2.2. You represent and warrant that any information you provide is accurate and complete.
3. Restrictions.
3.1. Bitnomics may at any time and in the company’s sole discretion refuse any transaction order submitted, impose limits on the transaction amount or impose any other condition or restriction upon your use of the Service.
4. Transaction Fees.
4.1. By using the Service, you agree to pay Bitnomics the fees for exchanges and any transactions completed using the Service, which we may change from time to time.
4.2. In addition to the Fees, your External Account operator may impose fees in connection with your use of your External Account. Any fees imposed by your External Account operator will not be reflected on the transaction information provided by Bitnomics. You are solely responsible for paying any fees imposed by an External Account operator.
4.3. By using the Service, you authorise Bitnomics, or a designated payment processor, to charge or deduct your Funds for any applicable Fees owed in connection with the transactions you complete by using the Service.
4.4. Fees charged with the Service shall be at the applicable rates and computation methods specified in the Fee Schedule. If at any time and for any reason, the Exchange Fees made under these Terms of Use exceed the maximum rates permitted to be charged by applicable law, the parties hereto agree that the Exchange Fees shall be reduced automatically to the maximum rates permitted to be charged by applicable law.
4.5. Upon your failure to make any payment of fees, commissions, charges or other expenses due to Bitnomics, Bitnomics may at any time and in the company’s sole discretion refuse any transaction order submitted, impose limits on the transaction amount or impose any other condition or restriction upon your use of the Service.
4.6. Failure to pay Fees or any other amounts owed to Bitnomics under these Terms of use for more than 60 days, Bitnomics will charge you 1% monthly interest and/or the maximum percentage permitted by the applicable law to cover Bitnomics’s loss of income and collection-related costs.
5. Exchange Rate.
5.1. Bitnomics will attempt, on a commercially reasonable basis, to execute the transaction on or close to the prevailing market exchange rate, as determined by our liquidity providers.
5.2. You acknowledge that the actual exchange rate may differ from prevailing exchange rates.
5.3. You acknowledge that during periods of volatility in the marketplace for any Digital Assets or Legal Tender, the actual exchange rate may differ from your exchange order’s prevailing market exchange rate.
5.4. Bitnomics will use commercially reasonable efforts to settle exchange orders as soon as possible on a spot basis and up to two (2) days of the date upon which you submitted a transaction order.
6. Payment for an External Account.
6.1. Only payment methods specified by Bitnomics may be used to purchase and sale of Cryptocurrency. By submitting an exchange order, you represent and warrant that you are authorised to use the designated payment method and authorise Bitnomics or our payment processor to charge your designated payment method.
6.2. If the payment method is invalid or unacceptable, your exchange order may be suspended or cancelled.
7. Disruption of Service.
7.1. In the event of an error in providing the Service, in an exchange order confirmation, in processing the order, or otherwise, Bitnomics reserves the right to correct such error and revise your purchase transaction accordingly or to cancel the purchase and refund any amount received, after deduction of applicable fees.
7.2. In a market disruption or Force Majeure event (see Key Definitions above), such as blockchain network failure, Bitnomics may suspend access to Service.
7.3. Following any such event, you acknowledge that prevailing market exchange rates may differ from the rates available prior to such an event.
8. Cancellation of transaction order (buying / selling).
8.1. You may cancel an order initiated via transaction order form only if such cancellation occurs before Bitnomics executes the exchange operation.
8.2. Once your order has been executed, you may not change or cancel your authorisation for Bitnomics to complete the transaction.
8.3. If an order has been partially filled, you may cancel the unfilled remainder.
8.4. If a transaction order may not be complete due to insufficient funds, Bitnomics may cancel the entire order or fulfil a partial order using available Funds.
9. No Refunds.
9.1. All exchange operations, sales and purchases of Cryptocurrency via the Service are final.
9.2. Bitnomics does not accept any returns and will not provide any refunds unless specifically provided in these Terms of Use.
vi. KYC and Reversal Transaction Policy
1. Pursuant to Regulatory Guidance, a completion an of successful “Know Your Client” (“KYC”) procedure is a necessary condition to use Service. Documents and media files will be uploaded to your Bitnomics account and stored per Bitnomics Privacy Policy.
2. A successful KYC procedure allows a client to use Service and settle client’s exchange order per clause V.5.4.
3. The documents and media files requested may include, but are not limited to:
3.1. Transactions of up to EUR15,000:
a) Valid ID.
b) Recent Utility bill.
c) Live Identity verification (non-EU customers)
c) Video call (per Bitnomics discretion).
3.2. Additional documentation for transactions of EUR15,000 to EUR50,000:
a) Source of funds form.
b) Live Identity verification.
c) Video call.
3.3 When identifying and verifying identity, Bitnomics uses an information technology tool. When entering the information to the designated technology tool upon establishing a business relationship, you confirm that you have familiarized yourself with information on the use of information technology tool and agree to the conditions for verification of identity and processing of your personal data using this information technology tool
4. If a user refuses to complete said KYC process for any reason, the User shall:
4.1. Inform Bitnomics of refusal to complete the KYC process in writing to Bitnomics customer service.
4.2. Provide a valid personal account/wallet for reversal of the transaction. Bitnomics shall then initiate a transaction reversal. The user’s FIAT funds /cryptocurrency shall be returned to the user’s account/wallet five (5) days after the date upon which a user submitted a refusal to complete the KYC statement.
5. If pursuant to a KYC process, Bitnomics will refuse to provide services to a user due to AML policy, compliance directive or any other reason, Bitnomics shall initiate a reversal of the transaction, and the user’s FIAT funds / cryptocurrency shall be returned to the user’s account/wallet up to five (5) days of the date upon which a user-submitted an exchange order.
vii. Risk Disclosure Statement.
1. You agree that you shall access and use the Service at your own risk.
2. Note that this brief statement cannot disclose all the risks associated with the Cryptocurrency market.
3. Any operation in cryptocurrencies involves a high degree of risk and the potential for significant losses. You, therefore, should carefully consider whether using the Service is suitable for you, in view of your financial resources and other circumstances.
4. Bitnomics and none of its agents or employees are investment or trading advisors.
5. Using the service, you acknowledge that Cryptocurrencies are inherently unpredictable and unstable and will continue to be for the foreseeable future.
6. Cryptocurrencies entail an inherent risk with hacks, transfer errors, and government sanctions out of the control of Bitnomics.
7. Bitnomics is not responsible for communicating, anticipating or detecting all known or unknown risks inherent in the cryptocurrency markets.
8. You must carefully consider your capabilities, experience level and risk tolerance before performing any operations in cryptocurrencies.
9. Do not exchange funds you cannot afford to lose.
10. Bitnomics is not a trading site. Bitnomics does not endorse, support or recommend any trading platform. Furthermore, you acknowledge that risks are inherent to and associated with utilising Internet-based trading systems. Bitnomics is not liable for any loss or damage, including any loss of funds or profit.
11. You acknowledge that there are inherent risks associated with utilising an Internet-based exchange service, such as hardware or software failure and Internet connection failure. You acknowledge that Bitnomics shall not be responsible for any disruptions, errors, delays or communication failures you may experience when using the Service, however, caused.
12. Cryptocurrencies constitute a rapidly changing and unpredictable environment with an endless number of variables and factors outside your or Bitnomic’s control. New risks emerge at every moment, which creates market risk and uncertainty. Bitnomics is not responsible for anticipating, detecting or communicating all known or unknown risks in the Cryptocurrency market.
13. Some factors that could cause negative performance on operations are market volatility, government policies and regulations, hacks and security breaches resulting in the theft of funds, price manipulation, and general economic or market conditions.
14. Risk is the exposure to the chance of loss. You confirm that even though it seems unlikely, there is a real chance of realising risk that may result in the total loss of your Funds.
15. In certain market conditions, the market can reach a daily price fluctuation limit or insufficient liquidity, in which case your exchange order execution might be impossible.
viii. Intellectual Property.
1. Intellectual Property Rights.
1.1. Unless otherwise indicated, all copyright and other intellectual property rights in all content and other materials contained on our website or provided in connection with the Service, are the proprietary property of Bitnomics and are protected by international copyright laws and other intellectual property rights laws.
1.2. Content and materials may include the Bitnomics logo, designs, text, graphics, pictures, information, data, software, files and the selection and arrangement.
1.3. Bitnomics does not permit any use of the content and materials other than for their intended purposes.
1.4. Bitnomics grants you a limited, nonexclusive and non-sublicensable license to access and use the Bitnmoics content and materials for your personal or internal business use.
1.5. Such license does not permit any resale of the content or materials. It forbids the distribution, public performance or public display, modifying or otherwise making any derivative use of content or materials.
1.6. Any suggestions, ideas or other materials regarding Service or the company that you provide, by correspondence with support or otherwise, by posting through our Service or otherwise, are the intellectual property of Bitnomics.
1.7. Bitnomics will own exclusive rights, to any information submitted as suggestions, ideas or feedback to change or improve service. Such suggestions are non-confidential and shall become the sole property of Bitnomics.
1.8. Bitnomics will be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you. You waive any rights you may have to the suggestions, ideas or feedback, including copyright and moral rights.
1.9. Bitnomics reserves the right to disclose your identity to any third party who is claiming that content posted by you constitutes a violation of their intellectual property privacy rights.
2. Trademarks.
2.1. “Bitnomics” and Bitnomics logo are trademarks of Bitnomics, and may not be copied, imitated or used, in whole or in part, without Bitnomics’s prior written permission.
2.2. You may not use any trademark, product or service name of Bitnomics without prior written permission.
2.3. Use above includes metatags or hidden text utilising any trademark, product or service name of Bitnomics.
2.4. The look and feel of Bitnomics Site and Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Bitnomics and may not be copied, imitated or used, in whole or in part, without prior written permission.
2.5. All other trademarks, registered trademarks, product names and company names or logos mentioned through the Service are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Bitnomics.
ix. Third-Party Content.
1. While using Service, you may view content provided by third parties, including links to web pages of such parties, including but not limited to Facebook links.
2. Bitnomics does not control, endorse or adopt any such third-party content and shall have no responsibility for such content, including material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable.
3. Bitnomics are not responsible or liable for any loss or damage of any sort incurred from any dealings with third parties.
4. Interaction and use of third party content are at your own risk.
x. Customer Complaints Procedure.
1. General notes.
1.1. Bitnomics is committed to the highest level of service and client satisfaction.
1.2. Any dissatisfaction with Services, feedback or voicing the client’s opinion can be registered as a complaint. See instructions below.
1.3. Bitnomics is committed to treating you with respect and transparency, handling the complaint fairly, and providing a timely response.
1.4. The response shall strive to be constructive, and include an explanation and reasoning when possible.
2. How to register a complaint?
2.1. Prepare identifying information about yourself and the transaction in the subject of the complaint. The identifying information may include:
2.1.1. Your Bitnomics account number.
2.1.2. Full name and address, as provided when you have registered your account.
2.1.3. Transaction number.
2.2. Send your complaint by email to: [email protected]. Please state “complaint” in the subject.
2.3. By phone, by calling +3726682675.
2.4. By regular mail, mailing to: Harju maakond, Tallinn, Lasnamäe linnaosa, Valukoja tn 8/1, 11415, Estonia.
3. Stage one: complaint investigation.
3.1. Complainant will be informed by email about the process and the expected Time frame for investigation and resolution within 2 working days. Our staff will examine the complaint within 14 business days of receiving the complaint.
3.2. Company response will be delivered to Claimant by email or certified mail.
3.3. Under special circumstances, the company may add 10 days to the examination period above. The claimant will be informed as to the reason for the delay.
4. Stage two: manager review.
4.1. If you are not satisfied with the company response received in stage one, you may apply for an additional review by a manager.
4.2. Resend the complaint to the [email protected] or by regular mail, mailing to By regular mail, mailing to Harju maakond, Tallinn, Lasnamäe linnaosa, Valukoja tn 8/1, 11415, Estonia. Please state “Complaint Manager” in the subject.
4.3. Please explain why you are not satisfied with the response received in stage one. Provide identifying information that the Company may need to identify you: your name, address, and/or other your Account number, and/or the transaction number on which you have feedback, questions, or complaints, as well as official investigation result and resolution from the Stage One. Without this information, the complaint will not be submitted to Stage Two.
4.4. A manager will review the complaint and the response was given on stage one within 14 business days. As far as possible, complaints or appeals will be investigated and resolved within 14 working days of being received on Stage Two. If this time cannot be met, you will be informed of why and the alternative time frame for resolution. The alternative time frame can be added to 10 business days.
5. Stage three: arbitration.
5.1. If you are still not satisfied after exhausting stages one and two, you may apply for arbitration.
5.2. See clause XIII for additional information on how to apply for arbitration.
xi. Discontinuance of Service, Suspension and Termination.
1. Bitnomics may, in its sole discretion, without liability to the customer, at any time and without prior notice, discontinue, temporarily or permanently, access to any Bitnomics Service.
2. In the event of any breach of these Terms of Use by a customer, Force Majeure Event, or any other event that would make provision of Service commercially unreasonable for Bitnomics, Bitnomics may, in its sole discretion and without liability to the customer, without prior notice, suspend your access to Service.
3. Following such an event, Bitnomics may terminate your access to Service, deactivate your account and delete all related information.
4. In the event of account termination, Bitnomics will attempt to return any Funds in your account after deduction of due fees.
xii. Limitation of Liability, Disclaimer of Warranties
1. Limitation of Liability.
1.1. Except as otherwise required by law, in no event shall Bitnomics, its suppliers, service providers, directors, members, employees or agents be liable for any special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort, negligence or otherwise, arising out of or in any way connected with the use of or inability to use our services, including without limitation any damages caused by or resulting from reliance by any user on any information obtained from Bitnomics, or that result from mistakes, omissions, interruptions, deletion or loss of files or information, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from a force majeure event, communications failure, theft, destruction or unauthorised access to records, programs or services.
1.2. To the maximum extent permitted by applicable law, in no event shall the aggregate liability of Bitnomics, including company suppliers, service providers, directors, members, employees or agents, whether in contract, warranty, tort, negligence, active or passive, arising out of or relating to the use of, or inability to use, Bitnomics Service, or to these terms exceed the fees paid by you to Bitnomics during the 12 months immediately preceding the date of any claim giving rise to such liability.
2. Indemnity.
2.1. You agree to defend, indemnify and hold harmless Bitnomics, its directors, members, employees, agents, officers and affiliates from any claim, demand, action, damage, loss, cost or expense, including reasonable attorneys’ fees, arising out or relating to your use of, or conduct in connection with, the Service, your violation of Terms of Use, your violation of any rights of any other entity.
3. Disclaimer of Warranties.
3.1. Bitnomics provides services on an “as is” and “as available” basis.
3.2. Bitnomics expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, including the information, content and materials contained therein.
3.3. That information you store or transfer through Bitnomics services may become irretrievably lost, corrupted, or temporarily unavailable due to various causes, including but not limited to software failures, protocol changes, force majeure events, denial-of-service attacks, maintenance, or other causes. You acknowledge the above-stated risk and confirm you are solely responsible for backing up any information you store or transfer through Service.
xiii. Applicable Law, Arbitration.
1. Jurisdiction.
1.1. The Terms of Use shall be governed by, construed and enforced according to the laws of Estonia, without giving effect to the principles of conflicts of law.
2. Conflict Resolution.
2.1. The parties shall use all reasonable efforts to amicably resolve any dispute or controversy arising directly out of this Agreement. In the event of a dispute which cannot be resolved by the parties themselves, parties, under separate express arrangements, may commence a mediation or arbitration proceeding. The language of the mediation or arbitration in such situation shall be English unless otherwise agreed by the parties. A mediation or arbitration award, in the event of initiation such proceedings by both parties, shall be final and binding upon the parties. This clause does not limit the rights of the consumer provided by consumer protection legislation, or the right of any party to pursue any other remedies, including claim remedies before any competent court.
xiv. Miscellaneous.
1. Entire Agreement.
1.1. These Terms of Use contain the entire agreement between you and Bitnomics, and supersede all prior and contemporaneous understandings between the parties regarding the Service.
2. Amendment.
2.1. Bitnomics reserves the right to make changes or modifications to these Terms of Use from time to time, in Bitnomics’s sole discretion, by posting the amended Terms of Use on the website, and by communicating these changes through any written or other contact methods, we have established with you.
2.2. The amended Terms will be effective immediately after that, and your use of the Service following the date on which the amended Terms are published will constitute consent to such amendments.
3. Waiver.
3.1. Bitnomics’ failure or delay in exercising any right, power or privilege under these Terms of Use shall not operate as a waiver.
4. Severability.
4.1. The invalidity or unenforceability of any of these Terms of Use shall not affect the validity or enforceability of any other Terms Use, all of which shall remain in full force and effect.
5. Descriptive Headings.
5.1. The descriptive headings of the Terms of Use are inserted for convenience only and do not constitute a part of the Terms of Use.
6. Assignment.
6.1. You may not assign or transfer any of your rights or obligations under these Terms of Use, including in connection with any change of control.
6.2. Bitnomics may assign or transfer any or all of its rights under these Terms of Use, in whole or in part, without obtaining your consent or approval.
7. Survival.
7.1. The following clauses shall survive termination or expiration of these Terms of Use:
7.1.1. (III) Eligibility
7.1.2. (IV) General Obligations and Restrictions: (2) Account, (4) Taxes, (5) Unclaimed Property.
7.1.3. (V) Exchange Terms
7.1.4. (VI) Risk disclosure statement
7.1.5. (VII) Intellectual Property
7.1.6. (X) Limitation of liability
7.1.7. (XI) Applicable law, arbitration
7.1.8. (XII) Miscellaneous
