Terms Of Service

Effective Date: January 19, 2026

Thank you for visiting Bit1.com. By visiting, accessing or using Bit1.com and associated mobile applications downloaded from the Apple App Store or the Google Play Store (“Bit1 Platform”, “Bit1”), you (“User”, “You”) agree that you have read, understood and accepted and consented to the Terms of Use (the “Terms”) set out below. The services on the Bit1 Platform are provided by Bit1 Ventures S.A.

 

BY MAKING USE OR SIGNING UP FOR BIT1.COM SERVICES, YOU ACKNOWLEDGE AND AGREE THAT:

  • The digital currencies themselves are not offered by any financial institution, corporation and/or Bit1.
  • You are aware of the risks associated with transactions of digital currencies and their derivatives. For more information, please familiarize yourself with the risks associated with investing in or trading digital assets, a non-exhaustive General Risk Warning can be found at https://bit1.com/en/risk-warning.
  • You shall assume all risks related to the use of Bit1 Services (defined at clause 9.1 below) and transactions of digital currencies and their derivatives.
  • Bit1 shall not be liable for any such risks or adverse outcomes.
  • Bit1 is not your broker, intermediary, agent, or advisor and has no fiduciary relation or obligation to you in connection with any trades and/or transactions and/or other decisions or activities effected by you when using the Bit1 Services. No communication or information provided to you by Bit1 is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice or any other sort of advice.
  • Unless otherwise specified in these Terms, all trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures. You are solely responsible for determining these parameters as part of your trading strategy according to your personal financial circumstances, risk tolerances and trading objectives and agree that you are solely responsible for any loss or liability therefrom. You should consult legal and tax professionals regarding your specific situation. Bit1 does not recommend digital assets should be bought, earned, sold or held by you. Before making the decision to buy, sell or hold any digital asset, you should conduct your own due diligence. Bit1 will not be held responsible for the decisions you make to buy, sell, or hold digital assets based on the information provided by Bit1.

1. ABOUT

  1. Bit1 mainly serves as a global online platform for digital assets spot trading, and provides users with a trading platform and other digital assets related Services. Users must, in accordance with the Terms herein, register and open an account with Bit1 and deposit digital assets into their account prior to trading. Users may, subject to the restrictions set out in these Terms, apply for withdrawal of their digital assets.
  2. Although Bit1 commits to maintaining the accuracy of the information provided through to its users, Bit1 cannot and does not guarantee its accuracy, applicability, reliability, integrity, performance or appropriateness, nor shall Bit1 be liable for any loss or damage that may be caused directly or indirectly arising from your use of the information provided to you. The information provided by Bit1 may change without notice, and you agree to do your own research and thereafter, make independent decisions despite the information provided by Bit1. Bit1 does not provide investment or consulting advice of any kind, and is not responsible for the use or interpretation of information on Bit1. All users of Bit1 must understand the risks involved in digital assets trading, and are recommended to exercise prudence and trade responsibly within their own capabilities.

2. INTRODUCTION

  1. By accessing, using, visiting and by clicking “Sign up” on the Bit1 Platform, you acknowledge that you accept and agree to be bound by these Terms and any terms incorporated by reference (if any). You further agree that these Terms constitute a legal agreement and create a binding contract between you and Bit1 Ventures S.A.
  2. If you do not agree to be bound by these Terms, you must not access and utilize the Bit1 Platform and should leave immediately.
  3. Bit1 Ventures S.A. reserves the right to change or modify or amend (as the case may be) these Terms, including any policy and guidelines at anytime and at Bit1 Ventures S.A.’s sole discretion, subject to applicable laws and regulations. Bit1 Ventures S.A. will notify such changes, modifications and amendments by updating the Terms on the Bit1 Platform, and such changes, modifications and amendments shall take effect immediately upon being published on the Bit1 Platform.
  4. If you do not agree to be bound by the updated Terms, policy and/or guidelines, you agree that your sole remedy is to immediately close your account on the Bit1 Platform, in any event, within 30 days of such update being notified on the Bit1 Platform. You agree that your continued use of the Bit1 Platform after such 30-day period will constitute acceptance of the updated Terms.
  5. Unless explicitly provided for through Bit1 Ventures S.A.’s written notice, you agree that the Terms take precedence over any other agreement you may have with us.
  6. While Bit1 Ventures S.A. may, at its sole discretion, translate these terms into a language other than the English language, you agree that any such translation shall only be for your convenience and the English text shall prevail in the event of any ambiguity, discrepancy or omission as between the English text and any translated text.
  7. You agree that any official communications with you will, unless agreed otherwise, be made in the English language.

3. REGISTRATION

  1. All users must apply for a Bit1 account at (https://bit1.com/register) before using Bit1. When you register a Bit1 account, you must provide information depending on whether you are an individual or acting on behalf of a legal entity set out below. Bit1 Ventures S.A. may refuse, in its absolute sole discretion to offer services to you or open an account for you.
  2. You agree, as part of your account registration, to provide complete and accurate information when registering a Bit1 account. You further agree to provide Bit1 Ventures S.A. with timely updates of information as and when such changes are effected. You agree that you may maintain only one account on Bit1 at any given time.
  3. You agree not to allow or enable anyone to use, log in and/or direct your Bit1 account in any way. You are responsible for your own Bit1 account, including but not limited to your Bit1 password, keys, user ID, and all credentials associated with your Bit1 account. You agree that you will notify us immediately if your Bit1 account is accessed without authorisation from you, including through hacking. Bit1 Ventures S.A. will not be liable for any liabilities, losses, or damages of any kind, whether directly or indirectly out of unauthorised access of your Bit1 account’s credentials (including, but not limited to passwords and 2FA codes). Bit1 Ventures S.A. will not be liable for compensation or other legal liabilities arising out of the above causes of unauthorised access to your Bit1 account.

4. ELIGIBILITY

  1. If you are an individual, you agree that by accessing or using the Bit1 Platform, you represent, agree and warrant that you are at least 18 years of age and legally capable of forming a binding contract under applicable laws.
  2. If you are accessing or using the Bit1 Platform on behalf of a legal entity, you represent agree and warrant that such legal entity is duly organized and validly existing under applicable laws of the jurisdiction of incorporation AND you are duly authorized by such legal entity to act on its behalf.
  3. Regardless of whether you are an individual or acting on behalf of a legal entity, you represent, agree and warrant that: (a) you have not previously been suspended or removed from using the Bit1 Platform; (b) you do not have an existing Bit1 account; (c) you will not transact with anyone on any trade or economic sanctions lists of any competent authority, including (for example) but not limited to the list of Specially Designated Nationals maintained by the Office of Foreign Assets Control of the U.S Department of the Treasury (OFAC) or the United Nations Security Council Sanctions List; (d) your use of the Bit1 Platform will not violate any and all laws and regulations applicable to you or the legal entity on whose behalf you are acting, including but not limited to laws, regulations, guidelines on anti-money laundering, anti-corruption and counter-terrorist financing.
  4. Please note that there are legal requirements in various countries which may restrict the products and services that Bit1 Ventures S.A. can lawfully provide. Accordingly, some products, services, and certain functionality on the Bit1 Platform may not be available to you, or may be restricted in certain jurisdictions or regions or to certain users. You agree that you shall be responsible for informing yourself about and observing any restrictions and/or requirements imposed with respect to the access to and use of the Bit1 Platform in your local jurisdiction from which you accessed the Bit1 Platform. Bit1 Ventures S.A. reserves the right to change, modify, amend and/or impose additional restrictions with respect to your access to the Bit1 Platform from time to time and in its sole discretion without prior notification.

5. USER IDENTITY VERIFICATION

  1. Your registration of an account with Bit1 will be deemed your agreement to provide required personal information for identity verification. Such information will be used to verify users’ identity, identify traces of money laundering, terrorist financing, fraud and other financial crimes through Bit1 Ventures S.A., or for other lawful purposes stated by Bit1 Ventures S.A. We will collect, use and share such information in accordance with our Privacy Policy. In addition to providing such information, you agree to allow us to keep a record of that information during the period for which your account is active and within five (5) years after your account is closed, in compliance with global industry standards on data storage.
  2. You also authorize us to conduct necessary investigations directly or through a third party to verify your identity or protect you and/or us from financial crimes, including but not limited to, fraud and money laundering. The information we require to verify your identity may include, but is not limited to your name, email address, contact information, phone number, username, government-issued ID, date of birth and other information (as required) during account registration.
  3. When providing the required information, you confirm that you shall only furnish true and accurate copies of documents and information.
  4. After registration of a Bit1 account, you agree to ensure that the information you have disclosed at clause 5.2 above remains true, complete and accurate. If there are any grounds for believing that any of the information you have provided is incorrect, false, outdated or incomplete, Bit1 Ventures S.A. reserves the right to send you a notice to demand correction, directly delete the relevant information, and, as the case may be, terminate all or part of the Bit1 Services that is provided for you.
  5. You agree that to access Bit1, submission of certain personally identifiable information will be necessary. In this connection, please review Bit1’s Privacy Policy at https://bit1.com/en/privacy for a summary of Bit1’s guidelines regarding the collection and use of personally identifiable information. Bit1 Ventures S.A. values user privacy and will not disclose any personal information to third parties unless required by law through a written order from a country’s government.
  6. As part of our commitment to transparency and compliance, Bit1 Ventures S.A. partners with Chainalysis for Know Your Transaction (KYT) monitoring. Any transactions deemed high risk by Chainalysis will be manually reviewed by our in-house compliance team, and we will reach out to the client for clarification if necessary.

6. RESTRICTION OF USE

  1. The Bit1 Platform may not be accessed or used by individuals and/or legal entities that is resident of, or domiciled in a Restricted Location. In this connection, “Restricted Location” shall include the Marshall Islands, Afghanistan, Angola, Belarus, Burundi, Cameroon, Central African Republic, the People’s Republic of China, Crimea, Cuba, Côte d’Ivoire, the Democratic People’s Republic of Korea, the Democratic Republic of the Congo, Donetsk, Eritrea, Ethiopia, Guinea Bissau, Guinea, Haiti, Iran, Iraq, India, Lebanon, Liberia, Libya, Luhansk, Mali, Nicaragua, Myanmar, Canada, Russian-controlled regions of Ukraine (currently including Crimea, Donetsk and Luhansk regions), Rwanda, Sevastopol, Serbia, Sierra Leone, Somalia, South Sudan, Sudan, the Republic of Singapore, Trinidad and Tobago, United States of America, United Arab Emirates, Venezuela, Yemen, Zimbabwe, and such other jurisdictions as designated by Bit1 Ventures S.A. from time to time, in its sole discretion as a “Restricted Location”.
  2. Any use of the Bit1 Platform in connection with any of the following businesses and/or enterprise is prohibited (“Prohibited Business and Enterprise”):
    1. Any activities you carry out on the Bit1 Platform that is in breach of, or inconsistent with any laws, regulations, rules and guidelines;
    2. Any activities you carry out on the Bit1 Platform which violate public interests, public morals, or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect, or prohibit other Users from using Bit1;
    3. Any activities you carry out that may be construed as market manipulation (such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering, regardless of whether prohibited by law);
    4. Any activities you carry out on the Bit1 Platform which utilises (i) any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy or monitor any part of the properties, or replicate or bypass the navigational structure or presentation of Bit1 in any way, in order to obtain or attempt to obtain any materials, documents or information in any manner not purposely provided through the Bit1 Platform; (ii) attempt to access any part or function of the properties without authorization, or connect to Bit1 by hacking, password mining or any other unlawful or prohibited means; (iii) probe, scan or test the vulnerabilities of the Bit1 Platform or violate any security or authentication measures on Bit1 or any network connected to Bit1; (iv) reverse look-up, track or seek to track any information of any other Users or visitors of the Bit1 Platform; (v) take any actions that imposes an unreasonable or disproportionately large load on the infrastructure of systems or networks of the Bit1 Platform, or the infrastructure of any systems or networks connected to Bit1; (vi) use any devices, software or routine programs to interfere with the normal operation of the Bit1 Platform or any transactions on Bit1, or any other person’s use of the Bit1 Platform; (vii) forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to Bit1, or (viii) use the Bit1 Platform in an illegal way.
  3. Without written consent from Bit1 Ventures S.A., the following commercial uses of bit1.com data are prohibited:
    1. Trading services that make use of bit1.com quotes or market bulletin board information.
    2. Data feeding or streaming services that make use of any market data of bit1.com.
    3. Any other websites/apps/services that charge for or otherwise profit from (including through advertising or referral fees) market data obtained from bit1.com.
  4. Without prior written consent from bit1.com, you may not modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or label, or license, sub-license, sell, mirror, design, rent, lease, private label, grant security interests in the properties or any part of the properties, or create their derivative works or otherwise take advantage of any part of the properties.
  5. You agree that Bit1 Ventures S.A. may monitor your transactions and/or account for any enforcement of this clause 6. You agree that Bit1 Ventures S.A. may unilaterally determine, at its sole discretion, and take the following action(s) against a user suspected of engaging in such Prohibited Business and Enterprise by:
    1. Blocking and closing order requests;
    2. Freezing the account;
    3. Clawback of any profits obtained through Prohibited Business and Enterprise;
    4. Reporting the incident to Law Enforcement agencies; and
    5. Publishing the alleged violations and actions that have been taking; and
    6. Deleting any information you have published in operating Prohibited Business and Enterprise.

7. YOUR BIT1 ACCOUNT

  1. All Users must apply and “Sign Up” to access and utilise the Bit1 Platform. You agree, in addition to accepting and consenting to these Terms, to provide Bit1 Ventures S.A. with complete and accurate information as to your identity. You agree to provide Bit1 Ventures S.A. with authentic information at the point “Sign Up” and further agree, on an on-going basis to provide Bit1 Ventures S.A. with any authentic identification information for the purpose of identity verification and detection of money laundering, terrorist financing, fraud, or any other crime. If identification information supplied to us is outdated or no longer accurate and/or authentic, it is your responsibility and obligation to update Bit1 Ventures S.A. as soon as reasonably practicable.
  2. You agree not to allow or enable anyone to use, log in and/or direct your Bit1 account in any way. You are responsible for your own Bit1 account, including but not limited to your Bit1 password, keys, user ID, and all credentials associated with your Bit1 account. You agree that you will notify us immediately if your Bit1 account is accessed without authorisation from you, including through hacking. Bit1 Ventures S.A. will not be liable for any liabilities, losses, or damages of any kind, whether directly or indirectly out of unauthorised access of your Bit1 account’s credentials (including, but not limited to passwords and 2FA codes). Bit1 Ventures S.A. will not be liable for compensation or other legal liabilities arising out of the above causes of unauthorised access to your Bit1 account.
  3. Bit1 Ventures S.A. is committed to maintaining the security of user funds, and has implemented industry standard protection for Bit1 Services. However, the actions of individuals may pose risks. You agree to treat your access credentials (such as username and password) as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your Bit1 account and personal information.
  4. You are solely responsible for keeping safe your Bit1 account (including username and password), and be responsible for all the transactions undertaken by the same. Bit1 Ventures S.A. assumes no liability for any loss or consequences caused by authorised or unauthorised use of your Bit1 account, including but not limited to information disclosure, information release, consent or submission of various rules and agreements.
  5. By creating a Bit1 account, you hereby agree that:
    1. You will notify Bit1 Ventures S.A. immediately if you are aware of any unauthorized use of your Bit1 account (including username and password) or any other violation of security rules.
    2. You will strictly abide by all mechanisms or procedures of Bit1 Ventures S.A. regarding security, authentication, trading, charging and withdrawal.
    3. You will take appropriate steps to logout from Bit1 at the end of each visit.
  6. Subject to the platform rules currently in force, you may, at any time, close your Bit1 account on the Bit1 Platform by clicking on “Close Account” on the “Account & Security” tab of your Bit1 Account.

8. SUSPENSION OR TERMINATION OF BIT1 ACCOUNT

  1. Account Suspension: Bit1 Ventures S.A. has the right at any time to suspend your account (including taking actions such as freezing or locking your funds) if it suspects, at its sole discretion, any of the following:
    1. Your Bit1 account is in violation of these Terms or any applicable laws and regulations.
    2. Your Bit1 account is subject to any pending and/or current litigation in any jurisdiction.
    3. Your Bit1 account is subject to any investigation by law enforcement, government bodies, warrants, subpoenas, court orders or other similar procedures and processes in any relevant jurisdiction.
    4. Your Bit1 account is subject to any government, regulatory authority or court-ordered seizure and/or judgement.
    5. Bit1 Ventures S.A. detect unauthorised access to your Bit1 account.
    6. Bit1 Ventures S.A. detect unusual activities in your Bit1 account.  
  2. Account Termination: Bit1 Ventures S.A. has the right to terminate your account at any time and for any reason, at its sole discretion.
  3. You agree that in the event of an account termination, the account and transactional information that meets data retention standards will be securely stored for a minimum of 5 years, extendable upon due request by a competent judicial authority. In addition, if a transaction is unfinished or incomplete during the account termination process, Bit1 Ventures S.A. shall have the right to notify the counterparty.
  4. In the event that Bit1 Ventures S.A. suspends or terminates your account, you agree that all charges and liabilities (as the case may be) owed to Bit1 Ventures S.A. will be payable immediately to Bit1 Ventures S.A. Upon payment of all outstanding charges to Bit1 Ventures S.A. (if any), Users will have 5 business days to withdraw all digital assets or funds from the account.
  5. In the event that Bit1 Ventures S.A. suspends or terminates your account, you further agree that the digital assets, funds and your user data/information may be turned over to any such third parties (including but not limited to law enforcement agencies and governmental authorities) in respect of any investigations, including investigation arising out of fraud, violation of law, or violation of these Terms.
  6. Administrative Hold: If Bit1 Ventures S.A. is informed that any digital assets or funds held in your Bit1 account are stolen or otherwise are not lawfully possessed by you, Bit1 Ventures S.A. may, but has no obligation to, place an administrative hold on the affected funds and your Bit1 account. If Bit1 Ventures S.A. does initiate an administrative hold on some or all of your funds or Bit1 account, Bit1 Ventures S.A. may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to Bit1 Ventures S.A. has been provided to Bit1 Ventures S.A. Bit1 Ventures S.A. will not involve itself in any such dispute or the resolution of the dispute. You agree that Bit1 Ventures S.A. will have no liability or responsibility for any such administrative hold, or for your inability to withdraw digital assets or funds or execute trades during the period of the administrative hold.

9. BIT1 SERVICES

  1. Upon completion of the registration and identity verification for your Bit1 account you may use various Bit1 Services, including but not limited to, spot trading, acquiring market-related data, research and other information released by Bit1 Ventures S.A., participate in user activities held by Bit1 Ventures S.A., etc., (the “Bit1 Services”) in accordance with these Terms.
  2. You understand and unequivocally agree that, to enjoy the Bit1 Services, you may be required to agree and conclude separate agreement(s), guidelines, policies and instructions with Bit1 Ventures S.A. which shall form part of the legal contract between you and Bit1 Ventures S.A. You further agree that by participating in corresponding functions or enjoining applicable Bit1 Services, you are deemed to have read, understood and accepted provisions contained therein.
  3. In addition to the foregoing, you agree that Bit1 Ventures S.A. has the sole right, in its sole discretion to:
    1. Provide, modify or terminate, any or all Bit1 Services.
    2. Allow or prohibit some or all of the user’s use of any Bit1 Services in accordance with relevant Bit1 platform rules.
  4. Bit1 Ventures S.A. has the exclusive authority to determine which digital assets are listed on the platform and may add or remove, in its sole discretion, any digital asset from the platform from time to time. You also agree that Bit1 Ventures S.A. may also change the order size available for each digital asset.
  5. In respect of such additions, removal, modification and/or amendments, Bit1 Ventures S.A. may, but is not obliged to, notify users in advance and Bit1 Ventures S.A. shall have no liability to users in connection with such additions, removals, modification and/or amendments.

10. COMPLIANCE WITH LOCAL LAWS

  1. You agree that it is your responsibility to abide by local laws in relation to the usage of the Bit1 Services in your jurisdiction as well as other laws and regulation applicable to you.
  2. You acknowledge and declare that all your funds emanate from legitimate sources and do not originate from illegal activities. You agree that Bit1 Ventures S.A. may require you to provide or otherwise collect necessary information and materials, in accordance with applicable laws or government orders to verify the legality of the sources and use of your funds. 

11. LICENSE TO ACCESS AND USE BIT1 SERVICES

  1. Provided that you are in constant compliance with these Terms, Bit1 Ventures S.A. grants you a revocable, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use the Bit1 Services through your computer or internet compatible devices for your personal/internal purposes.
  2. In connection with clause 11.1, you agree that when you use any Bit1 Services, such usage does not mean Bit1 Ventures S.A. is transferring any of the Bit1 Services or the ownership or intellectual property rights to you or anyone else. All text, graphics, user interfaces, visual interface, photos, sounds, process flow diagrams, computer code (including html code), programs, software, products, information and documents, as well as the design, structure, selection, coordination, expression look and feel, and layout of any content included in the Bit1 Services, are exclusively owned, controlled and/or licensed by Bit1 Ventures S.A., or its members, parent companies, licensors or affiliates.
  3. You agree further that Bit1 Ventures S.A. owns any and all feedback, suggestions, ideas or other information or materials about Bit1 and/or Bit1 Services that you provide through email, Bit1 Service or any other ways (together “User Feedback”). You hereby transfer all User Feedback to Bit1 Ventures S.A. and hereby waive any request for acknowledgement or compensation based on any User Feedback or any modifications based on any User Feedback.
  4. Unless explicitly authorized by Bit1 Ventures S.A., you are prohibited from using the Bit1 Services for resale and commercial purposes, including transactions on behalf of other persons or entities. All the above actions are expressly prohibited and constitute a material violation of these Terms. Bit1 Ventures S.A. reserves all rights not expressly granted in these Terms. Consequently, you are hereby prohibited from using the Bit1 Services in any way not expressly authorized by these Terms.

12. LIMITATION OF LIABILITIES

  1. To the maximum extent permitted by applicable law, in no event will Bit1 Ventures S.A. and its respective shareholders, members, directors, officers, employees, agents, representatives, suppliers or contractors be liable for any incidental, indirect, special, punitive, consequential damages or liabilities whatsoever (including without limitation, damages for loss of data, information, revenue, profits or other business or financial benefits) arising from Bit1 Services, or any other product, service or other item provided by or on behalf of Bit1 Ventures S.A. and its affiliates.
  2. Notwithstanding the foregoing and to the fullest extent permitted by applicable law, the total aggregate liability of Bit1 Ventures S.A. for losses that the user may suffer arising out of, or in connection with the Bit1 Services, or any other product, service or other item provided by or on behalf of Bit1 Ventures S.A. and its affiliates shall be limited to a maximum of the amount of transaction fees paid by the user under these terms in the three-month period immediately preceding the event giving rise to the claim.
  3. You acknowledge and agree that neither Bit1 Ventures S.A. or its respective affiliates is aware of any special circumstances pertaining to you, and that damages are an adequate remedy and that you shall not be entitled to any other claims or remedies at law or in equity, including but not limited to, any claim in rem, injunction and/or specific performance.

13. INDEMNIFICATION

  1. To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless and promptly defend Bit1 Ventures S.A. and its affiliates and associates (including Bit1 Ventures S.A.’s agents, shareholders, directors, officers and employees) from and against any and all losses arising from or in connection with any third-party claims, losses, liabilities, damages, judgements, penalties, fines, costs and expense which may be suffered or incurred by Bit1 Ventures S.A. arising out of or in relation to:
    1. You use of or conduct of the Bit1 Services.
    2. Your non-compliance in performing any obligations under these Terms.
    3. Your breach of these Terms.
    4. Your violation of applicable laws or any rights of third parties.
    5. Any third party claim related to your use of the Bit1 Services.
    6. Any false, inaccurate, misleading, deceptive information provided by you to Bit1 Ventures S.A. in the course of using the Bit1 Services.
    7. Any investigation, claim, suit, action or other proceeding against us relating to or arising out of your use of the Bit1 Services by a governmental authority or regulator or law enforcement organization.
  2. You agree that Bit1 Ventures S.A. shall have the right, in its sole discretion to control any action or proceeding in which you are obligated to indemnify Bit1 Ventures S.A. for.

14. DISPUTE RESOLUTION AND GOVERNING LAW

  1. Notice of Claim: If you have a dispute with Bit1 Ventures S.A., please contact Bit1 Ventures S.A.’s customer service and a ticket number will be assigned to you. Bit1 Ventures S.A. will attempt to resolve your dispute, in good faith, internally as soon as possible. You agree to negotiate in good faith to resolve the dispute (which discussions and resolution (if any) will remain confidential and on a “Without Prejudice” basis).
  2. In the event the dispute cannot be resolved satisfactorily, and you commence a legal claim against Bit1 Ventures S.A., you agree to set forth the basis of such claim in writing in a “Notice of Claim”, as a form of prior notice to Bit1 Ventures S.A. The Notice of Claim must be submitted to an email address or hyperlink provided by Bit1 Ventures S.A., and must:
    1. Describe the nature and basis of the claim or dispute.
    2. Despite clause 12, state the specific relief sought.
    3. Provide the original ticket number.
    4. Include your Bit1 account email address.
  3. For the avoidance of doubt, you agree that the submission of a dispute to Bit1 Ventures S.A. for good faith negotiations in clause 14.1 and the delivery and/or submission of the Notice of Claim in clause 14.2 are pre-requisites to the commencement of arbitral proceedings envisaged below.
  4. Agreement to Arbitrate: You acknowledge and agree that in the event of any dispute, controversy, difference or claim, including the existence, validity, interpretation, performance, breach or termination of these Terms or any dispute arising out of or relating to these Terms (after completing the steps envisaged in clauses 14.1 and 14.2), shall be referred to and finally resolved by arbitration administered by the International Chamber of Commerce (ICC) under the ICC Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be the laws of El Salvador.
  5. You agree that the seat of arbitration shall be San Salvador, El Salvador. The number of arbitrators shall be three (3). Bit1 Ventures S.A. shall appoint one (1) arbitrator and you shall appoint (1) arbitrator. The third arbitrator shall be appointed by the President of the ICC. Such arbitrators shall be freely selected and the parties shall not be limited in their selection to any prescribed list. The arbitration proceedings shall be conducted in English.
  6. You agree that Bit1 Ventures S.A. shall not be required to give general discovery of documents, but may be required only to produce specific, identified documents which are relevant and material to the outcome of the dispute.
  7. Any arbitral award shall be final and binding upon the parties hereto and shall be enforceable in any competent court which has jurisdiction.
  8. Confidentiality: You agree that the arbitration, including the existence of the arbitration, the existence or content of the claim, all documents and information provided or exchanged in connection with the arbitration, any submissions or orders or awards made in the arbitration shall be kept confidential.
  9. Notwithstanding the confidential nature of the arbitration, a party may disclose such information pertaining to the arbitration:
    1. If written consent of the other party is obtained.
    2. To the extent required by applicable law.
    3. In connection to any legal proceedings to enforce or challenge the arbitral award obtained via the arbitration
    4. To the extent that the confidential information is in the public domain otherwise than by breach of this confidentiality clause and/or these Terms.
  10. This confidentiality provision at clause 14.8 and 14.9 shall survive termination of these Terms or the stay of any arbitration or the conclusion of the arbitration brought pursuant to these Terms. 
  11. Class Action Waiver: You agree that any claims relating to these Terms, including the existence and enforceability of the same, or to your relationship with Bit1 Ventures S.A. shall be brought against Bit1 Ventures S.A. on an individual basis only and not as a class member in a class or representative action. You further agree to waive any right for such claims to be brought, heard and arbitrated as a class, collective or representative action. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of Bit1 Ventures S.A.

15. FORCE MAJEURE

  1. Neither party shall be liable for any delay or failure to perform any of their obligations under these Terms, provided such delay or failure to perform are not the result of a party’s fraud, gross negligence or wilful default, and is caused by a force majeure event, including, but not limited to:
    1. Acts of God, fire, storm, tempest, explosion, flood, earthquake, subsidence or any other natural physical disasters.
    2. Acts of war, terrorism, riots, civil commotion, military action, insurrections, rebellions or revolutions or any other similar acts.
    3. Pandemics or epidemics
    4. Failure or interruption in power, communication channels, hardware, software, internet connections and information systems.
    5. Acts of state or government, political interference, sanctions and embargos.

16. SEVERABILITY

  1. If any of these Terms is held invalid or unenforceable by an arbitral tribunal or a court of competent jurisdiction, such invalidity or unenforceability will not affect the other provisions of these Terms, which will remain in full force and effect.

17. ASSIGNMENT

  1. You agree that you may not assign or transfer any right to use Bit1 or the Bit1 Services or any of your rights or obligations under these Terms without prior written consent from Bit1 Ventures S.A. Bit1 Ventures S.A. may assign or transfer any or all its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.

18. WAIVER

  1. You agree that the failure of one party to require performance of any provision under these Terms will not affect that party’s right to require performance at any time thereafter. In the same vein, the waiver of one party to seek recovery for the other party’s violation of these Terms or any provision of applicable Terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.

19. MISCELLANEOUS

  1. Third-Party Website Disclaimer: Any links to third-party websites from Bit1 does not imply endorsement by Bit1 Ventures S.A. of any product, service, information or disclaimer presented therein, nor does Bit1 Ventures S.A. guarantee the accuracy of the information contained therein. If you suffer loss from using such third-party product and service, Bit1 Ventures S.A. will not be liable for such loss. In addition, since Bit1 Ventures S.A. has no control over the terms of use or privacy policies of third-party websites, you should read and understand those policies carefully.
  2. Contact Information: If you have questions regarding these Terms, please feel free to contact Bit1 Ventures S.A. for clarifications via our customer Service team at https://intercom.help/bit1-ventures-sa/en/.