Terms and Conditions of get.tzBTC.io

1. Scope

These terms and conditions (“Terms”) apply to the access to, and the use of, cryptocurrency exchange services (the “Services”), accessible via [https://get.tzbtc.io] (the “Website”), offered by LEXR Finance GmbH, Talstrasse 71, 7250 Klosters, Switzerland (“Company”). The Company is a financial intermediary regulated by the Financial Services Standards Association (VQF, https://www.vqf.ch).

To access or use the Services, you (“Customer”) have to agree to these Terms. The Customer agrees to these Terms by registering with an email address. If the Customer does not agree to these Terms, the Customer shall not use or access the Services.

These Terms form a legally binding agreement (“Agreement”) between the Company and the Customer. The Customer represents that they do not use or access the Services on behalf of another natural person. If the Customer agrees to these Terms on behalf of a legal entity, they represent that they have the legal authority to binds such legal entity to these Terms.

The Services are provided exclusively to persons who are at least 18 years of age. The Customer represents and warrants that they are not a person or entity barred from using the Services under the laws of Switzerland, their place of residence, or any other applicable jurisdiction. Accounts registered by bots or automated methods are not authorized and will be terminated.

You may not use or access the Services if you are a resident of the United States of America or its territories and possessions, or of one of the following jurisdictions: Afghanistan, Algeria, Angola, Anguilla, Albania, Aruba, Azerbaijan, Bahrain, Bangladesh, Barbados, Belarus, Belize, Benin, Bermuda, Bolivia, Bosnia and Herzegovina, Botswana, British Virgin Islands, Burkina Faso, Burundi, Cambodia, Cameroon, Cayman Islands, Central African Republic, Chad, China, Colombia, Comoros, Congo, Democratic Republic, Congo, Republic of, Côte d'Ivoire, Cuba, Curaçao, Cyprus, Djibouti, Dominican Republic, Dominica, Ecuador, Equatorial Guinea, Eritrea, Ethiopia, Fiji, Gabon, Gambia, Ghana, Gibraltar, Grenada, Guernsey, Guinea, Guinea Bissau, Guyana, Haiti, Honduras, Hong Kong, Ireland, Iran, Iraq, Isle of Man, Jamaica, Jersey, Jordan, Kazakhstan, Kenya, Kiribati, Kosovo, Kyrgyzstan, Laos, Lebanon, Lesotho, Liberia, Libya, Macao, Madagascar, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Micronesia, Monaco, Montserrat, Morocco, Mozambique, Myanmar, Namibia, Nauru, Nepal, Nicaragua, Nigeria, Niue, North Korea, Pakistan, Palau, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Puerto Rico, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Sao Tome and Principe, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, South Africa, Sudan, Republic of South, Suriname, Swaziland, Syria, Tajikistan, Tanzania, Timor-Leste, Togo, Tonga, Trinidad and Tobago, Turkey, Turkmenistan, Turks & Caicos Islands, Tuvalu, Uganda, Ukraine, United Arab Emirates, Uzbekistan, Vanuatu, Venezuela, Vietnam, Yemen, Zambia, Zimbabwe.

The Company does not assume any responsibility for and does not make any warranties or representations as to the content on https://www.tzbtc.io, including but not limited to the accuracy, subject matter, quality, or timeliness.

2. Services

The Services comprise exchanges between Bitcoin and tzBTC, a bitcoin stablecoin on the Tezos blockchain (see https://www.tzbtc.io for further information) (each a “Currency” and together the “Currencies”).

The Services will be accessible to the Customer in their then-current version and according to the Terms. In order to use the Services, the Customer must perform a verification procedure (“Verification”), comprising:

• the registration and verification of a valid email address;
• the registration and verification of each a Bitcoin address and a Tezos; and
• an identity verification procedure in compliance with Swiss anti-money laundering laws.

The Customer is granted access to the Services only after successful Verification. The Company may at its sole discretion reject a Customer before, during, or after Verification, or require new Verification, without specifying any reason. The Customer must provide accurate, current, and complete information during registration and keep their account information up-to-date, and agrees to assist the Company with any investigations with information (such as identification).

The Website may set limits to the use of Services by the Customer, and in particular to the Currency volume the Customer may exchange in a given period. To exchange any Currency up to a combined volume of CHF 1’000 per 30 calendar days, the Customer must submit a valid identification document. To increase the exchange limit, the Customer must participate in a video identification procedure performed by a third-party service provider.

Upon completing the Verification, the Customer may use the Service subject to the availability of either Currency.

3. Rights & obligations of Company

The Company will provide the Customer with the Services as agreed in these Terms.

The Company:

• makes the Services available to the Customer and uses reasonable care and skill in the performance of the Services; may subcontract third parties for all its obligations under these Terms and ensures that subcontractors are bound to appropriate confidentiality and data protection obligations;
• is permitted and possibly required by law to suspend the Customer’s access to the Services based on reasonable determination of the occurrence or potential for occurrence of illegal or wrongful activity, fraudulent use or attempted fraudulent activity;
• might be required to investigate the details of a Customer or their use of Services, and in certain cases even to report to authorities.

The Company constantly develops and improves the Services and may modify or either temporarily or permanently stop providing the offered Services or any part of it at its sole discretion. In case of material changes to the Services, i.e., changes significantly altering the nature and scope of the Services provided to the Customer according to these Terms, the Company will notify the Customers that are directly affected by such changes, and where reasonably possible.

The Company may amend these Terms from time to time at its sole discretion by publishing an updated version of the Terms on the Website. Where possible, the Company will electronically notify the Customer of any material changes to the Terms. The Customer should check the Terms regularly and only use the Services upon acceptance of the changes to the Terms. The Customer’s continued use of the Services following any amendments indicates acceptance of the changes to the Terms.

4. Rights & obligations of Customer

The Customer agrees to use the Services in compliance with the Terms and all legal obligations applicable in the territory where they are located.

The Customer may not:

• circumvent or attempt to circumvent any security protection of the Services;
• use the Services in unlawful or fraudulent ways or for any unlawful or fraudulent purpose or effect;
• access the Services via any automated system or take any action that may impose an unreasonable load on the Company’s infrastructure;
• bypass the measures that the Company may use to prevent or restrict access to or use of the Services;
• use or exploit the Services, any part of it or any content contained there in any data mining or any other similar activity;
• sell, sublicense, allow access or make the Services or any part of it otherwise available to third-parties

The Customer agrees they will not, unless with the Company’s prior written permission:

• try to decompile or reverse engineer the Services or any part of it, or derive the source code;
• copy, modify, distribute, reproduce, translate, disassemble or use in any other way any information, text, graphics, images, software obtained from the Services, or any other part of the Services;
• create derivative works based on the whole or any part of the Services.

5. Representations of the User

At all times, the Customer represents and warrants that:

• all information or content they submit is true, accurate, current, and complete, and the Customer is using its real identity or the real identity of its organization, and not a fictitious identity;
• they are not a person, nor do they act in the name or for the account of any sanctioned person, barred from using the Services under the laws of Switzerland, their place of residence, or any other applicable jurisdiction;
• they have carefully read, reviewed and fully understood these Terms including all referenced documents and are not relying up on any representation, warranty, confirmations, promises or agreements except as set out in these Terms;
• they do not use the Services in any way that violates any applicable laws and regulations, or that violates obligations to which the Customer is bound, or for any other illegal or unauthorized purpose;
• they do not upload or transmit any form of virus, worm, trojan horse, code injection, phishing attempt, or other malicious information or code.

6. Fees & payments

The User must pay the fee confirmed before each transaction on the Website. All fees are payable after the outgoing transaction on the Services, and deducted automatically once the transaction is executed. If not explicitly stated otherwise, all fees include VAT and other applicable taxes.

Except where prohibited by law, all fees are non-refundable.

7. Term & Termination

The Terms remain in full force and effect until their termination by either party.

Either party may terminate the Agreement at any time with immediate effect by text notice.

Termination does not affect any rights, obligations, or liabilities of either party that have accrued before or are intended to stay effective beyond termination.

8. Intellectual Property

Each party retains all rights, titles, and interests to its own intellectual property, including all copyrights, inventions, trademarks, designs, domain names, know-how, trade secrets, data and other intangible property rights (“Intellectual Property Rights”). All Intellectual Property Rights in the Services or any part of it remain vested in the Company or its licensors.

Where applicable and only to the extent necessary, for the duration of the Services, the Company grants the Customer a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to the Intellectual Property Rights required to use the Services and fulfil the Agreement.

The Services may contain open-source components. Such components are subject to the respective license.

9. Confidentiality & Privacy

The Company treats the confidential information of the Customer with adequate confidentiality standards and processes the Customer’s personal information only as needed.

The Company collects and processes personal data as described in its Privacy Policy available at [link]. The Company protects the collected personal data by means of appropriate technical and organizational measures and in accordance with the data protection legislation applicable in Switzerland and the European Union.

The Customer authorizes the Company to use, process, and store relevant data for the performance of the Terms and to use anonymized data to improve its services or for analysis purposes.

10. Liability & Indemnity

To the extent permitted by applicable law, the liability of the Company, its affiliates, or any of its directors, employees, contractors, service providers, or agents is limited to wilful misconduct, gross negligence, and personal injury. Any further liability of the Company under any title is explicitly excluded, including any liability for economic, personal, or intangible damages deriving from the Customer’s use of the Services and liability for technical transmission delays or outages.

The Customer agrees to fully indemnify the Company from and against any liability, costs, demands, causes of action, damages, and expenses arising in any way related to the Customer’s breach of any of the provisions of the Terms.

Neither party shall be liable for any failure to perform its obligations under these caused by circumstances beyond the parties’ reasonable control including, but not limited to, war, terrorism, strikes, lockouts, fires, floods, epidemics, government actions, criminal activity against the Company or any other similar events (force majeure).

In particular, the Company will not be held liable for inaccuracy or incompleteness of the Services or the information provided on the the Company website, or the incompatibility of the Services with any specific objectives that the Customer is hoping to achieve.

The Customer bears the sole responsibility to determine if their use of the Services or any other action or transaction related to the Services has tax implications for them.

11. No warranties

The Customer acknowledges that the Services are provided “as is” and “as available”, and the Company makes no warranties or representations of any kind related to the Services or the information and materials contained thereon.

The Company does not guarantee that the Services are error-free and will function without any interruption or disruption. The Company may, at its own discretion, carry out maintenance or improvements to the Services and its infrastructure, and Customer acknowledges that this may result in temporary delays and interruptions from time to time. Where reasonably possible, the Company will inform affected Customers about potential interruptions in advance. Any further warranty is excluded.

The Company does not check or otherwise review the correctness of Customers’ information or transactions and is not responsible for the way the Customer uses the Services.

Neither the Website, whether operated by the Company or any contractors of the Company, nor any information or data contained therein or in the Services constitute financial, investment, tax, legal, accounting, or other advice.

The Services may contain statements that constitute “forward-looking statements.” The Company is under no obligation to update or alter the forward-looking statements, whether as a result of new information, future events, or otherwise and makes no warranty regarding the accuracy of such statements.

12. Miscellaneous

Entire Agreement: The Terms constitute the entire agreement between the Company and the Customer, and supersedes all prior agreements, between the parties relating to the subject matter of the Terms.

Notices: Notices must be given in writing, including e-mail, and need to be communicated:

• To Company’s attention: via email to: tzbtc@lexr.com;
• To Customer’s attention: by publishing on the Services or where via email to the last e-mail address provided for this purpose by the Customer. It is the Customer’s responsibility to keep provided contact information current.

No Assignment: The Customer may not assign any of its rights, obligations, or claims under the Terms without the previous consent of the Company.

Severability: If any provision of the Agreement (in whole or part) is held to be illegal, invalid or otherwise unenforceable, the other provisions will remain in full force and effect.

Governing Law & Jurisdiction: These Terms, and all claims or causes of action that may be based upon, arise out of or relate to these Terms shall be governed by and construed in accordance with the substantive laws of Switzerland excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG), and subject to the jurisdiction of the courts of Zurich, Switzerland.

Links: The Services may contain third-party content or links to third-party websites. The Company does not assume any responsibility for and does not make any warranties or representations as to any third-party content or websites, including but not limited to the accuracy, subject matter, quality, or timeliness.