User Agreement

Last updated: February 18, 2026

 

User Agreement Terms and Conditions for the Provision of Services by Bitpapa.com

 

Preamble

These Terms and Conditions (“Terms”, “User Agreement”, “Agreement”), along with the Privacy Policy and AML / CFT / KYC Policy, and any amendments or annexes thereto, constitute a legally binding agreement for the provision of various services by Bitpapa.com ("Bitpapa.com ", “Bitpapa”), including (but not limited to):

- peer-to-peer platform to enable owners of Digital Assets (including, but not limited to, cryptocurrencies such as Bitcoin, Tether, Ethereum, Monero, and TON - hereinafter referred to as “Cryptocurrency” for all together and / or any of) to conduct transactions with each other in order to purchase / alienate mentioned assets (“P2P Platform”);

- hosted digital wallet services that allow Users to hold and release Digital Assets;

- Digital Goods Marketplace (Marketplace);

- entertainment applications from Bitpapa, both on and off the Website, on any other Bitpapa Services or mobile applications (including, but not limited to, the "Prediction Market" game on the Website (and in a mobile app)).

and any other Services described herein provided by Bitpapa.com, both on and off the Website, on any other Bitpapa services or mobile applications. Your use of the Services will be governed by these Terms and Conditions and our Privacy Policy, AML / CFT / KYC Policy and any other published policies, regulations, or accession agreements that refer to this document.

 

By creating an account on the Website of Bitpapa.com or any of its associated websites, APIs, or mobile applications, including any URL operated by Bitpapa.com, you confirm that you have carefully and thoroughly read, understood, and accepted all the terms and conditions of this Agreement, including our Privacy Policy, AML / CFT / KYC Policy and any other published policies, regulations, or accession agreements that refer to this document. This Agreement contains important information about your rights, obligations, and conditions (as well as limitations) that may apply to you. We kindly recommend that you read it carefully.

 

1. Purpose and Scope of the User Agreement for the Provision of Services by Bitpapa.com

1.1. This Agreement sets out the Terms and Conditions of the following:

1.1.1. The procedure (legal process flow) for Provision of Services by Bitpapa.com.

1.1.2. Public offer of Bitpapa's Services.

1.1.3. Limitation of liability.

 

1.2. Bitpapa.com is an online platform that provides users with the opportunity to buy and sell digital assets. It is located and operates on the Internet at https://bitpapa.com.

1.3. All Services are being offered by Bitpapa.com and being provided by Bitpapa.com and also by other entities (Bitpapa’s external service providers, partners, counterparties, third parties) as per the present Terms and other documents published on the Website. Bitpapa is not responsible for any actions of any other entities, liability limitations are stipulated by the present Terms.

The Governing law (Applicable Law) for any relationships covered by this Agreement is the law of the Republic of Seychelles.

 

1.4. The procedure for resolving external disputes related to the use of the Service, as well as legal liability for any harm caused by the Parties, and the consideration of such disputes in the claim and court proceedings, is set out in Appendix No. 1 to this Agreement (an integral part of the Agreement which is binding on Users).

 

1.5. Before using the Services provided by Bitpapa, Users are required to familiarize themselves with the terms and conditions of this Agreement, the annexes (appendixes) to this Agreement, Privacy Policy, AML / CFT / KYC Policy and any other published policies, regulations, or accession agreements that refer to this document.

 

1.6. Any usage of any Service means that the acting entity fully accepts and signs this Agreement, and all other documents mentioned hereby in the clause 1.5 and in the clauses 15.1 - 15.7 and takes all obligations, responsibilities and liabilities mentioned in any of these documents.

 

1.7. The current version of the Agreement is publicly available on the Website. Bitpapa has the right to change the terms of this Agreement unilaterally at any time. These changes will take effect immediately after the new version is posted on the Website, unless a different process for entering into force is specified in the new Agreement. If you disagree with the changes, you are obligated to stop accessing the Website and (or) any other Service provided by Bitpapa by sending an email to [email protected].

 

2. Terms and definitions

2.1. User Agreement (Terms and Conditions, Terms, Agreement) - the present document. This Agreement is a contract of accession. Bitpapa signs the Agreement by publishing it on the Website (public offer). Any person using Bitpapa's Website or other Services thereby accepts (signs) the Agreement, unconditionally accepts the terms of the Agreement and undertakes to comply with them in good faith and strictly. Other documents posted on the Website and mentioned in the text of the Agreement are integral parts of the Agreement (including but not limited to Privacy Policy, AML / CFT / KYC Policy and any other published policies, regulations, or accession agreements that refer to this document).

 

2.2. Website (Site)  - an information system created on the basis of a web server of a communications hub identified by a domain name at https://bitpapa.com (including any number of levels and sublevels, as well as linked pages linked to on the pages of the Site), intended for posting information on the Internet and including visual information design tools and interfaces user interactions with information through web clients. The exclusive rights to own, use and dispose of the Site belong to Bitpapa.

 

2.3. Service - the Website, as well as any technology and/or platform (including application) integrated into it or linked to by it, as well as any (including third-party) application / website/ platform (not necessarily owned by Bitpapa) used in the process of fulfilling mutual obligations between the Parties under the Agreement.

 

2.4. User (as well as You, Peer, Buyer, Seller, Player and Client, depending on the context and actions taken by the User within the framework of the Services) - a capable individual over 18 years of age who has signed this Agreement in accordance with clause 2.1 and performs actions that create mutual obligations between the Parties in accordance with the provisions of this Agreement.

 

2.5. Escrow means a special conditional crypto-wallet of the Service, on which the User's cryptocurrency is being holded until the fulfillment of the obligations for counter-refund on account of the transaction, used by the Service at the time the Users make transactions under the Ads.

 

2.6. AML / CFT / KYC definitions:

2.6.1. AML - Anti-Money Laundering.

2.6.2. CFT - Combating the Financing of Terrorism.

2.6.3. KYC - Know Your Customer (Client).

 

2.7. P2P - ("Peer-to-Peer") - a method of making transfers (transactions) between individuals, carried out directly (without an intermediary).

 

2.8. P2P Platform - a system based on the principle described in the clause 2,7, that allows Users to conduct transactions with each other to exchange Cryptocurrency for electronic means of payment and (or) fiat currency, as well as exchange electronic payment tools and (or) fiat currency for Cryptocurrency. It is located on the Website and available in Bitpapa’s mobile app.

 

2.9. Peer - a User that operates on a P2P Platform.

 

2.9. Electronic means of payment - in the context of this Agreement, an electronic payment instrument is a means that is not a Сryptocurrency or a fiat currency, or an electronic equivalent of a fiat currency, but is recognized as a payment unit within the relevant settlement systems (including (but not limited to) for example, WebMoney).

 

2.10. Сryptocurrency - a conditional unit of an electronic system that corresponds to the calculations of electronic systems and indicates the amount of rights provided for by a contract, rules, or other regulatory provision of a particular system for the corresponding conditional unit. Cryptocurrencies are not money, they are not a digital currency, and, in accordance with Applicable law, they are not a means of payment and do not belong to digital financial assets. Examples (without any limitation): Bitcoin, Tether, Ethereum, Monero, TON.

 

2.11. Fiat currency (fiat money) - money issued by the state, the value of which is provided (guaranteed) by the state and does not depend on the material from which it is made.

 

2.12. Digital Good (Good, Goods) is an intangible product that is distributed electronically, usually without a physical medium. It exists only in virtual space and is intended for use on a smartphone, computer, TV or other device.

 

2.13. Digital Goods Marketplace (Marketplace) - а platform on the Website (and in a mobile app), that provides information about any Digital Good being offered by Bitpapa or any third party and allows Users to accept those offers. More details about the Marketplace are provided by the article 8 of this Agreement.

 

2.14. Seller - a User that operates on a Marketplace to alienate Digital Goods. A Seller could be a User as stipulated in the clause 2.4 acting on behalf of himself or on behalf of a legal entity (in this case Bitpapa reserves the right to request confirmation of his authority to represent the legal entity in question).

 

2.15. Buyer - a User that operates on a Marketplace to alienate Digital Goods.

 

2.16. Prediction Market - a game (entertainment application) on the Website (and / or in a mobile app) that allows players to place forecasts on the likelihood of future events occurring or not occurring, or on how events will develop according to specific scenarios, using any probability model and any cases they choose. Forecasts are placed using in-game currency only, and the process is not considered gambling, as it does not involve fiat money, electronic means of payment, financial assets, or cryptocurrencies that can be purchased or sold on any exchange or other platform. Access to the game is free, and some features are available using in-game currency that does not function as a means of payment or financial asset. More details about this game are provided by the article 9 of this Agreement.

 

2.17. BPCX (In-game currency, Virtual Item) is a Digital Good that is being used in the game mentioned in the clause 2.16 (or in other games upon Bitpapa’s sole discretion without any limitation) to unlock several game features and modes (and also upon the decision of Bitpapa could be used as a tool of the Loyalty Program for the Marketplace mentioned in the clause 2.13). In-game currency is not fiat money / electronic means of payment / financial assets / cryptocurrencies that can be purchased or sold on any exchange or other platform. In-game currency can be purchased via the dedicated interface on the Website (or in the mobile app) or it can be earned during the Game process. More details about BPCX are provided by the article 8 of this Agreement.

 

2.18 Player - a User that that plays a Game.

 

2.19. Account – a unique account that identifies the User in any of the Services offered by Bitpapa.

 

2.20. Blockchain means a continuous sequential chain of blocks (linked list), built according to certain rules, containing information about transactions between digital keys (wallets) of users, which can be transferred from one computer (person) to another via the Internet.

 

2.21. Application means an expression of the User's intention to use one of the Services offered by Bitpapa by filling out an electronic form through the Service interface, on the terms described in this Agreement and specified in the parameters of the Application.

 

2.22. Rate means the value ratio between the exact type of Cryptocurrency (for example, Bitcoin) and exact Electronic payment tool / exact Fiat currency or another exact type of Cryptocurrency (for example, Monero) at the moment of the exchange.

 

2.23. Announcement (Ad, Ads) - an offer to buy / sell / swap Сryptocurrency or Digital Good posted by Users on the relevant Service, containing the mandatory conditions provided for by the form published on the relevant Service website, either via iOS or Android applications) for mobile devices, operated by Bitpapa Telegram-bot (@Bitpapa_bot).

 

2.24. Affiliate (Referral) Program - a program of cooperation between Bitpapa.com and the relevant Users (Referral Program Participants), under which the Participants disseminate information regarding the activities of Bitpapa.com and receive remuneration for each successful transaction on Bitpapa.com effected as a result of their efforts.

2.24.1. Referral Program Participant  (Participant)- a person who provides the P2P Platform with services to attract potential Users. The terms of the mentioned program are described in the Agreement on Participation in the Affiliate (Referral) Program which is a contract of accession published on the Website (and also in the mobile app) and an integral part of this Agreement and the mentioned part becomes legally binding for those who undertake specific actions to participate in the mentioned Referral Program.

 

2.25. Payment means a transfer of a Cryptocurrency / Digital Goods / electronic means of payment / fiat currency from one User to the other User or from the User to the Service, as well as from the Service to the User.

 

2.26. Payment system is a software and/or hardware product developed by a third party and is a mechanism for the implementation of accounting for monetary obligations and the organization of mutual settlements between its Users.

 

2.27. Bitpapa provides payment participation P2P service, according to Appendix №1 to this Agreement.

 

2.28. Messages are letters sent to Users by the Services via email.

 

2.29. Funds (or Digital Assets) means Cryptocurrency / Digital Goods / electronic means of payment / fiat currency / electronic money.

 

2.30. Electronic money refers to fiat currency in digital form held in the accounts of users of electronic payment systems.

 

3. User support. External requests. Contacts.

 

3.1. Our User support team is available 24/7 to assist with any issues or questions you may have.

3.2. Users can contact Support through a special form on the Website https://help.bitpapa.com/hc/ru/requests/new, also by e-mail: [email protected].

3.3. Address for legal correspondence (i.e. requests from banks, financial intelligence units, law enforcement agencies, etс): [email protected] or [email protected]. Any relevant request from the authorized agencies / authorities / bodies should be issued in accordance with the Regulation on Cooperation with Law Enforcement Agencies / Authorities / Bodies.

 

4. Use of Website / Services

4.1. All Services offered by Bitpapa are intended for personal use only (a User that operates on a Marketplace to alienate Digital Goods could represent a legal entity, but he registers operates as an individual). By registering on the Website (or via mobile app), the User agrees to the transfer of reliable data about himself to Bitpapa in accordance with the registration process on the Website (or mobile app). The User also agrees that they will not use any other account than their own, and they will not attempt to gain unauthorized access to other users' accounts or the Service's infrastructure.

 

4.2. Bitpapa has the right to conduct additional checks on the User's information and request any necessary documentation related to their use of any Service and/or to support any information provided to the Service (for example, requests for screenshots, video confirmation, online screenshots, etc.), directly from the User or from third-party service providers such as AML/KYC providers and/or payment service providers (acquiring service providers, etc.).

 

4.3. For any of the offered Services Bitpapa may, at any time and at its sole discretion, deny the User the opportunity to open an account, block it, or suspend any transaction until the final consideration of information provided by the User.

4.4. During the settlement of disputes arising from transactions on Ads of Users, any Service may request evidence from participants of the transaction. The process for providing evidence is to be determined by each Service on a case-by-case basis with a respect to the applicable law.

4.5. Generally, all questions that could rise in process of use of the Website and / or Services are subject of the present Agreement and Rules for the use of the Website and Services which is an integral part of the present Agreement and is mandatory for all Users.

 

5. General conditions for all Services

5.1. It is prohibited to use obscene language in the login process, as well as words that characterize the User as a Service representative (such as "Admin", "Moderator", "BitpapaTeam", "Bitpapa", etc.). It is also forbidden to use the names of third-party platforms for trading Cryptocurrencies in the login. Non-compliance with this requirement may lead to the suspension of your account and/or legal penalties.

 

5.2. User reviews are being moderated by the Administrators for the Services. Removal or modification of a review is possible upon request from the User to the support team. However, the final decision regarding the removal or modification of the review rests with the administration of the Service.

 

5.3. It is strictly prohibited to interfere with the system's account statistics (altering information about reviews, ratings, volume, etc.).

 

5.4. If suspicious activity is detected during the processing of a transaction under the User's Announcement, in order to prevent damage to the parties involved, any Service has the right to temporarily suspend the execution of these operations until the circumstances of such activity are investigated.

 

5.5. To protect Users' accounts, Service data from phishing attacks, technical errors, and prevent double withdrawals of User funds, the Service has the right to block User’s transaction if Cryptocurrency / electronic means of payment / fiat currency / electronic money is transferred to the Service account without filling out a form or application via the User interface on the Service website. Cryptocurrency / electronic means of payment / fiat currency / electronic money transferred to the Service's account by the User without completing the application via the User interface on the Service site can be returned to the User upon request, subject to the deduction of payment system fees and processing fees in accordance with restrictions established by this Agreement.

 

5.6. Any Service has the right to deny serving any User that does not provide complete and sufficient information necessary for the proper identification. We may also hold assets received from a User until such information is provided. The usual period for holding assets by the Service is up to 14 days. However, in accordance with clause 4.3 of this Agreement, assets may be held pending till the resolution of any proceedings.

 

5.7. Using the Services of Bitpapa, Users can carry out transactions for the purchase or alienation of Cryptocurrency and Digital Goods using electronic means of payment / fiat currency / electronic money. The Service is not involved in foreign exchange transactions related to any national currency, and it is not subject to any national or international legislation on foreign exchange regulations or foreign exchange control.

 

5.8. Any Service makes reasonable efforts to ensure access to its interface at Bitpapa.com website or in a mobile app, in accordance with this Agreement. However, it may occasionally need to suspend service for maintenance purposes and will endeavor to notify Users in advance. Therefore, Users acknowledge and accept the risk that they may not always be able to use the service or perform urgent transactions through their accounts.

 

5.9. When working with Users' Applications, any Service administration has the right to:

5.9.1. Stop communicating with the User that is violating business etiquette, asking questions not related to the provision of services or not providing the Service with the information necessary for the provision of services.

5.9.2. If necessary, suspend the operation and the User's Funds until they are provided with complete and sufficient data to identify his / her personality.

5.9.3. Engage third-party contractors to fulfill their obligations.

5.9.4. The Service may, at its sole discretion, dispose of any assets received in the accounts or wallets of the Service without submitting an Application (Announcement) not related to any transaction running under the service interface.

5.9.5. We will send information to the Users’ email addresses they provided in their accounts to keep them updated on the status of their transactions and other related activities of our Services, including any advertising materials. The User can opt out of receiving any future advertising by clicking on a corresponding link in the received message.

 

5.10. Tariffs, prices, fees and commissions for the provision of services (or Digital Goods purchasing or else if any) are determined by each Service and published on the Service website. The Service Administration has the right to change tariffs without additional notice to Users.

 

5.11. Bitpapa reserves the right to use any language in the interface of Website / applications / any services upon its own decision and without any additional explanations. Different sections of the Website / applications / any services may content different languages and Bitpapa is not obliged to to provide any additional translation(s) or explanation(s).

 

6. P2P Platform

6.1. The use of the P2P Platform Service is carried out by the User by applying through the Service's interface (special Application form) on the Website (or in the mobile app). Users' applications for Cryptocurrency purchasing / alienation / swap are processed through the creation of Notifications.

 

6.2. By using the Service, the User confirms that he legally owns, uses and disposes of Cryptocurrency / electronic means of payment / fiat currency / electronic money participating in the relevant Announcement (deal, transaction).

 

6.3. The Service is not involved as an agent (or in any other way) in any mutual settlements between the User and any third parties.

 

6.4. By completing the Announcement, the User is placing the offer to other users to purchase / alienate / swap Cryptocurrency through the Service. Any User places and accepts any Announcement on his own behalf and at his own expense.

 

6.5. The User who posted the Announcement must immediately process all incoming requests related to this Announcement. If the User fails to respond to three consecutive requests, his Ad will be automatically disabled. During this period of inactivity, it is the responsibility of the User to either deactivate their Ads or set a new schedule in the settings.

 

6.6. Transaction flow.

6.6.1. The Service considers a transaction to be completed when there are two confirmations from the network.

6.6.2. At the moment of sending a Cryptocurrency, a network fee is charged. A Cryptocurrency is to be sent within 15 minutes by the Service.

6.6.3. The Service does not control or own the underlying software protocols that control Cryptocurrency transactions. These protocols are open source, and anyone can use, modify, or distribute them. The Service is not responsible for the functioning of the underlying protocols and cannot guarantee their functionality or security. There is always a possibility of unexpected changes to the rules for using these protocols (including forks). Such significant changes can have an impact on the availability, costs, functionality, and/or name of a Cryptocurrency. The Service has no influence over the timing or nature of these significant operational changes.

6.6.4. The Service provides the ability to conduct transactions with varied Cryptocurrencies such as (without limitation) Bitcoin, Ethereum, Tether, Monero, TON, etc. The Service cannot be held responsible if the User deposits Cryptocurrency based on the codes of Bitcoin, Ethereum, Tether, Monero, TON, etc. on the Service's platform. The User understands and accepts that there is a risk of losing any assets deposited in violation of the Service's rules.

6.6.5. The value of Cryptocurrency may increase or decrease, and there is a significant risk of loss when buying, selling, holding, or investing in these assets. Users should carefully consider whether trading or investing in Cryptocurrency is appropriate for them based on their financial situation.

 

6.7. Purchase of Cryptocurrency.

6.7.1. Making the Announcement, all possible fees and commissions must be considered. The full price will be transferred to the alienating Peer as indicated in the terms and conditions of the Announcement.

6.7.2. An Announcement for the purchase of Cryptocurrency will become active on the service immediately after it has been published by the User, provided that a minimum amount is available in the User's account who posted the Announcement. The amount of the minimum requirement can be found on the page where Ads are created or edited, in the information section on the right-hand side of the page.

 

6.8. Alienation of Cryptocurrency.

6.8.1. In the event of a significant change in the rate during the transaction based on the Announcement, disputes over the value of the transaction will be unacceptable. If a dispute occurs after purchasing Peer’s payment to the alienating Peer, the transaction will be cancelled after the payment is returned to the purchasing Peer.

6.8.2. In the event the purchasing Peer violates the payment procedure for the transaction as specified in the alienating Peer's announcement (for example, they mistakenly fail to include the required comment or make multiple payments as indicated in the terms of the Announcement), the alienating Peer has the right to cancel the transaction and return the funds to the purchasing Peer for the failed transaction.

6.8.3. The alienating Peer is responsible for ensuring that the payment has been received in their account before releasing the Cryptocurrency from the automatic escrow. This includes verifying the evidence provided by the purchasing Peer or their statements to assure them that the payment will be received later. Once the alienating Peer has released the Cryptocurrency, the Service loses the ability to hold it on the alienating Peer's account and the asset becomes available for withdrawal.

6.8.4. The maximum time for a deposit to be held in Escrow by the P2P Platform for a transaction is 4 hours.

 

6.9. Swap of Cryptocurrency.

6.9.1. Submission of a Cryptocurrency exchange Announcement (Ad) shall be carried out via the relevant interface of the Website / Service. The User shall complete the Request, mandatorily providing the following information and performing the actions set forth below:

6.9.1.1. Select the Cryptocurrency that the User intends to exchange.

6.9.1.2. Specify the amount of the relevant Cryptocurrency proposed for exchange. Bitpapa.com reserves the right to establish, and at its sole discretion at any time modify, the minimum amount and maximum quantity of the relevant cryptocurrency with which a Request may be submitted. The minimum (or maximum) amount may be displayed in the appropriate section of the Service interface at the time of submitting a Request; and in the event of an attempt to submit a Request for an amount below the minimum or above the maximum, it must be displayed.

6.9.1.3. Select the Cryptocurrency that the User wishes to receive. If there are matching counter-requests and/or if a technical possibility of exchange exists, the system will permit the corresponding exchange to be executed.

6.9.1.4. Click “Exchange” or “Swap”. By performing this action, the User:

6.9.1.4.1. confirms the accuracy of the data provided. This action excludes any liability on the part of Bitpapa.com with respect to any claims by the User (or any other person) concerning the accuracy, legality, or relevance of the information specified in the Ad.

6.9.1.4.2. confirms full and unconditional acceptance of the terms of this Agreement and other documents recognized as its integral parts.

6.9.2. The validity period of the Ad, upon the expiration of which, in the absence of further actions by the User, the Ad will be cancelled (if such a period exists), is displayed in the relevant interface of the Site / Service.

6.9.3. To the extent that it does not contradict the logic of Cryptocurrency exchange (swap) transactions, the provisions of clauses 6.8.1–6.8.3 of this Agreement shall apply to such operations.

6.9.4. The provisions regarding the rate, as set forth in clause 6.10 of this Agreement, shall apply to Cryptocurrency swap operations.

6.9.5. The provisions regarding fees, as set forth in clause 6.17 of this Agreement, shall apply to Cryptocurrency swap operations.

 

6.10. Rates.

6.10.1. When providing information about Cryptocurrency market rates, the Service relies on data from third-party sources, such as exchange rate providers. Therefore, the Service cannot be held responsible for any losses or gains that may occur to the User as a result of this information.

6.10.2. The Service strives to provide each User with the most accurate rates possible, but the Service cannot be held responsible for any rate fluctuations in the market that occur due to third-party misconduct, false advertising, or technical or other issues.

 

6.11. In the event of disputes regarding the terms of transactions related to the Announcements, if one of the parties does not respond within 10 hours of the transaction, the Service may make a decision without considering the position of the non-responding party.

 

6.12. Cancellation of a transaction under an Announcement before the payment period expires, as specified in the terms and conditions of the Announcement, is only possible if the alienating Peer has not transferred payment details to the purchasing Peer. To cancel the transaction, Users must contact the support team through any convenient means and provide the transaction ID.

 

6.13. Users are required to make payments exclusively through the transaction chat. For each separate transaction under the Announcement, the transfer of payment details should be recorded.

 

6.14. It is not allowed to mark a deal as paid until the actual receipt of payment.

 

6.15. Within the period specified by the User (depending on the type of transaction, indicated when creating the Announcement), from the moment the Cryptocurrency / electronic means of payment / fiat currency / electronic money is received from the User in the amount specified in the relevant Announcement, other Users involved in the exchange under that announcement are obligated to transfer the corresponding asset respectively, according to instructions from the User who created the Announcement..

 

6.16. The Service has the right to cancel transactions on Ads if it suspects that the User has received funds as a result of any illegal activity in accordance with applicable law or domestic law.

 

6.17. Cost of services.

6.17.1. The creators of Ads pay a service commission, the amount of which depends on their user level. The transition between levels is automatic, based on the total volume of transactions for all assets over the past 30 days expressed in USD. The more transactions, the lower the service commission.

6.17.2. The User is also charged with a network fee. The amount of the network fee depends on the amount of traffic on the network at the time the transaction is sent and does not depend on the Service. The current network fee is published by the Service at https://bitpapa.com/fees.

 

6.18. P2P Platform disputes.

6.18.1. The purchasing Peer must confirm the corresponding assets were sent to the alienating Peer no later than specified in the relevant Ad after the parties agree upon the amount specified in the Announcement. If the purchasing Peer fails to confirm that the corresponding assets were sent, the deal is automatically disrupted, and the digital asset is directed back at the alienating Peer’s account.

6.18.2. In case of any disruptions, discrepancies and/or inconsistencies between the amount of a digital asset offered in the Ad and the amount of the said digital asset received by the purchasing Peer, the purchasing Peer must open a dispute no later than 120 (one hundred and twenty) minutes after the Announcement is marked as paid.

6.18.3. The purchasing Peer must provide the alienating Peer and the Service (acting as an arbitrator) with adequate and sufficient proof that the alienating Peer failed to fulfill the obligations under the Announcement, including screenshots, bank receipts, blockchain hash and other applicable documents.

6.18.4 If during the dispute settlement proceedings, the purchasing Peer fails to provide the Service with valid and sufficient proof that the alienating Peer failed to fulfill the obligations or exercised fraudulent behavior in any other way, the transaction is considered to have been completed. The purchasing Peer who failed to provide the Service with adequate and sufficient proof that the alienating Peer failed to fulfill the obligations may also face penalties.

 

 

7. Digital Goods Marketplace

7.1. General Provisions.

7.1.1. The Digital Goods Marketplace ("Marketplace") is an online platform (Service) provided by Bitpapa that offers a range of informational and technical solutions for making instant transactions between Sellers and Buyers. It also facilitates communication between Sellers and Buyers through electronic channels.

7.1.2. The concept of "Seller" is defined in clause 2.14. The concept of "Buyer" is defined in clause 2.15.

7.1.3. Sellers are welcome to use the Marketplace's services under the terms and conditions outlined in this User Agreement.

7.1.4. If the Seller sells goods in any EU country, they may need to register for Value Added Tax (VAT) in each country they sell in (better to check in advance. This notice also has a power for any jurisdiction and any local legal provisions. Bitpapa is not responsible for any issues that could happen due to the fact that the Seller does not comply with the legal requirements of any jurisdiction. It is the Seller's responsibility to ensure they are VAT-compliant. If you have any questions about VAT obligations, it is recommended to seek professional advice.

7.1.5. Any User becomes a Seller and acquires the relevant rights and obligations from the moment they register as a Seller in the relevant section of the Website interface.

 

7.2. Additional requirements to the Seller.

7.2.1. By offering any Digital Goods for sale, the Seller confirms that they have the legal right to sell the specified Goods.

7.2.2. The Seller shall conscientiously fulfil their obligations to both the Administration of the Marketplace and their Buyers in respect to conducting sales transactions with the latter.

7.2.3. The Seller shall not use any advertising, especially third-party websites in the abbreviated or full name of the company, the names of Digital Goods offered for sale, or Goods descriptions, when providing personal information.

7.2.4. The Seller is prohibited from sending out commercial or other promotional information to Buyers, as well as to other Sellers.

7.2.5. The Seller must comply with all requirements for presenting Goods, including pricing, as outlined on the Goods’ description page.

7.2.6. Digital Goods offered for sale must be placed in the appropriate category section. The final decision regarding the suitability of the Goods and the category in which they should be listed is always made by the Administration of the Marketplace.

7.2.7. The Seller agrees to refrain from copying, reproducing, modifying, supplementing, and distributing (including publicly displaying) the content of https://bitpapa.com or any part thereof for commercial or illegal purposes. The Seller also agrees not to artificially inflate the sale rating of their Goods, including through temporarily discounted prices, changing the name of Goods with a history of sales to a new name, and other similar practices.

7.2.8. By accepting this Agreement, the Seller consents to the processing of personal data by the Marketplace Administration and grants permission for the publication of this data on their personal page as well as access to this data by third parties, since information provided on a User's personal page is public.

7.2.9. The following manipulations with variants of the Goods' parameters and their price modifiers are prohibited:

7.2.9.1. It is not allowed to combine selected parameter options in such a way that the price of the Good becomes zero or negative.

7.2.9.2. It is not allowed to create duplicate Goods by adding parameters to another Good.

7.2.9.3. It is forbidden to add variations of the Goods parameters solely for the purpose of lowering the nominal price of Goods without any regular sale or practical purpose.

 

7.3. The list of Digital Goods that are prohibited for sale on the Marketplace (the Seller takes sole responsibility for this, no liability could be held by Bitpapa for such cases):

7.3.1. Any Goods that violate the legislation of any jurisdiction shall not be offered there.

7.3.2. Goods that do not comply with the terms of this Agreement.

7.3.3. Goods that infringe copyright.

7.3.4. Trojan programs and virus software.

7.3.5. Code-breaking programs and other software intended to gain unauthorized access to information.

7.3.6. “Hacker" programs.

7.3.8. Information about Sellers and Buyers of the Marketplace.

7.3.9. Information about users of any settlement system /payment system / transfer system.

7.3.10. Software that is used to artificially inflate ratings (auto surfers, auto collectors, auto clickers, etc.).

7.3.11. Software designed for collecting email addresses or sending mass emails.

7.3.12. Email addresses and email server addresses (email databases, spam lists).

7.3.13. Goods with pornographic or erotic content.

7.3.14. Credit card numbers obtained artificially (through generators).

7.3.15. Goods that include advertising for external resources, such as shops, trading platforms, and other related entities, in their name, description, or content.

7.3.16. Goods promoting quick earnings through MLM and financial pyramid schemes, investment projects, sponsorship programs, methods, tips, or options for generating quick income, business packages, etc.

7.3.17. Literature and links related to personal growth strategies, self-development, and success strategies.

7.3.18. Transversal Goods consisting of a variety of different other Goods.

7.3.19. Services that allow users to top up their SMS messaging plans, changing the sender's number.

7.3.20. Goods that provide access to file-sharing platforms.

7.3.21. Any other Digital Goods, the sale of which does not comply with the law or moral and ethical standards. This provision may be interpreted in different ways in different countries and regions. The responsibility for compliance of the proposed Digital Good with the standards of a particular jurisdiction lies solely with the Seller.

 

7.4. Administration of the Marketplace.

7.4.1. The Marketplace Administration has the right to introduce, cancel, and change service fees at their discretion.

7.4.2. The Marketplace Administration has the right to remove any information from the web server that does not comply with this Agreement, applicable laws, or violates the rights of third parties. Additionally, the Marketplace Administration may refuse to provide services to a Seller if they discover illegal activities on their part or if the Seller has received negative ratings.

7.4.3. The Administration of the Marketplace has the right to refund funds paid for a product that has received a negative review, provided that the Seller has not responded to the negative review within the review dispute or has failed to contact the Administration within 5 calendar days after the review was posted. Refunds are made to the Buyer in full of the Seller's personal account, including all applicable fees (transfer commission, service fee,etc.).

7.4.4. In order to process a refund, the Administration may require documents confirming the origin of the relevant Digital Good (information about suppliers, purchase documents, copyright certificates/patents), and therefore, may delay the processing of refunds for up to 90 days for certain Goods.

7.4.5. The Administration of the Marketplace has the right to request additional identification of a Seller by asking them to send a digital photo of themselves holding their passport with the front page clearly visible, either through email or by undergoing a videocall process.

7.4.6. In case the Seller fails to provide the pre-ordered Goods to the Buyer within the agreed time frame, the Administration has the right to reduce the Seller's rating on the Website.

7.4.7. If the Seller does not respond to messages from the Administration or does not reply to messages for more than 72 hours, the Administration reserves the right to suspend their activity on the platform.

 

7.5. Restrictions and Disputes

7.5.1. The Administration of the Marketplace will not be involved in potential disputes (including legal disputes) that may arise between the Seller and Buyer.

7.5.2. The Marketplace Administration will not assume responsibility for Digital Goods offered for sale by the Seller.

7.5.3. In the event of a Seller's breach of this Agreement, the following actions may be taken:

7.5.3.1. The Seller's access to Marketplace Service (or any Services provided by Bitpapa) may be restricted.

7.5.3.2. The Seller's access to Marketplace Service (or any Services provided by Bitpapa) may be terminated.

7.5.4. The restriction of access mentioned in clause 7.5.3.1 is applicable in the following situations:

7.5.4.1. A Buyer has left a negative review for a Digital Good purchased from the Seller and the Seller did not respond within 72 hours. As a result, the Seller's rating has become negative.

7.5.4.2. The decision was made by the Administration of the Marketplace as a result of a legitimate complaint made by the copyright owner regarding the actions (or inaction) of the Seller.

7.5.5. The termination of access mentioned in clause 7.5.3.2 is applicable in the following situations:

7.5.5.1. The Seller has completely failed to resolve the dispute with the Buyer that arose as a result of the sale-purchase transaction between the parties (clause 7.5.4.1).

7.5.5.2. Failure by the Seller to provide the necessary requested documents related to settlement systems to the Administration of the Marketplace within the period specified in the request.

7.5.5.3. Refusal by an unknown User to undergo the identification process.

7.5.5.4. Provision of false information by the User upon registration.

7.5.5.5. The term and order of application of sanctions will be determined on a case-by-case basis by the Administration of the Marketplace.

 

7.6. Charges.

7.6.1. The Seller shall not be charged for the registration on the Website.

7.6.2. The commission for the use of Marketplace Service is to be charged only upon the successful completion of the sale-purchase transaction. The actual commission charges for various categories of Digital Goods are indicated on the corresponding Website page when the Seller goes through the flow of the Goods’ placement for sale. The Administration of the Marketplace distributes the funds received on the development of the platform, on the expansion of the Digital Goods’ range and for technical support.

7.6.3. Charges may be changed, and new charges may be introduced at the discretion of the Marketplace Administration.

7.6.4. The Administration of the Marketplace reserves the right to introduce an additional commission for the sale of Digital Goods in certain categories.

 

7.7. Other Conditions.

7.7.1. The Administration of the Marketplace cannot guarantee permanent or unconditional access to the Service. The Website may experience disruptions due to unforeseen events or factors beyond the control of Bitpapa.

7.7.2 The Administration of the Marketplace does not offer any guarantees regarding ownership of Goods sold or purchased through the Service, their suitability for specific purposes, or the absence of infringement of third-party rights.

7.7.3. The Administration of the Marketplace does not provide guarantees for actions taken by Sellers on the platform.

7.7.4. Any disputes between Sellers and Bitpapa will be resolved through negotiation.

7.7.5. Any losses that the Seller may incur due to intentional or unintentional violations of any requirements or regulations of this Agreement shall not be compensated by Bitpapa.

7.7.6. The maximum material liability of Bitpapa shall not exceed the amount of the Seller's fee for providing Marketplace services.

7.7.7. The Seller may terminate this Agreement at any time, subject to a 30-day notice provided to the Administration of the Marketplace by the seller in electronic form. The Agreement will be terminated upon the expiry of the 30 calendar days starting from the date of sending the notice of termination by the Seller.

7.7.8.  Bitpapa reserves the right (but not an obligation) to develop, implement, and any time change at its sole discretion the rules of the Loyalty Program for the Marketplace. The Loyalty Program published at a specific time in the relevant section of the Site (and available in the mobile application) is considered relevant.

 

8. Virtual Item for use inside the Bitpapa ecosystem (BPCX)

8.1. BPCX (Virtual Item) is a virtual item that allows Users to perform various actions inside the ecosystem of Bitpapa (subject of clause 8.4). BPCX is an item that shall be deemed as in-game currency (gaming tool, clause 8.4.1) and / or the instrument of a Loyalty Program (clause 8.4.2), it could be purchased using money or digital assets, but does not have any monetary value, does not exist outside the ecosystem of Bitpapa and has no other functions except those mentioned in clause 8.4.

8.1.1. The concepts of “Bitpapa ecosystem” or “ecosystem of Bitpapa” (that are equal) mean various Services being offered and provided by Bitpapa including (but not limited to):

- peer-to-peer platform to enable owners of Digital Assets (including, but not limited to, cryptocurrencies such as Bitcoin, Tether, Ethereum, Monero, and TON - hereinafter referred to as “Cryptocurrency” for all together and / or any of) to conduct transactions with each other in order to purchase / alienate mentioned assets (“P2P Platform”);

- hosted digital wallet services that allow Users to hold and release Digital Assets;

- Digital Goods Marketplace (Marketplace);

- entertainment applications from Bitpapa, both on and off the Website, on any other Bitpapa Services or mobile applications (for example, the "Prediction Market" game on the Website (and / or in a mobile app));

- Bitpapa’s official Telegram bot https://t.me/bitpapa_bot;

and any other Services described herein provided by Bitpapa.com, both on and off the Website, on any other Bitpapa services or mobile applications.

 

8.2. BPCX could be acquired in the following ways:

8.2.1. Could be purchased on a Website for Digital Assets.

8.2.2. Could be purchased in a mobile app for Digital Assets.

8.2.3. Could be purchased via Bitpapa’s official Telegram bot https://t.me/bitpapa_bot

8.2.4. Could be won in an entertainment application from Bitpapa (for example, the “Prediction Market” game on the Website (and / or in a mobile app) or any other suitable application from Bitpapa).

 

8.3. BPCX could be only purchased from Bitpapa (won using entertainment applications from Bitpapa ecosystem). It could not be purchased or received in any other way outside the Bitpapa ecosystem and could not be acquired in a way other than those listed in clause 8.2.

 

8.4. BPCX could be only spent in the following ways:

8.4.1. Could be spent in in an entertainment application from Bitpapa (for example, the “Prediction Market” game on the Website (and / or in a mobile app) or any other suitable application from Bitpapa).

8.4.2. Could be spent / released at Bitpapa’s Digital Goods Marketplace in accordance with the provisions of the Loyalty Program mentioned in clause 7.7.8.

8.4.2.1. For the case mentioned in clause 8.4.2, Bitpapa reserves the right to decide which categories of Digital Goods (or which specific Goods) can participate in this promotion and how much of the cost of these Goods can be covered by releasing user's BPCX. Upon Bitpapa’s decision sometimes Users may also be able to cover the entire cost of Goods by releasing their BPCX if they have enough. Bitpapa has the right to change these terms and conditions at any time. Actual information about how to use BPCX on the marketplace is always available on the relevant pages of the Website.

8.4.3. Bitpapa reserves the right to allow User(s) to exchange BPCX back. Applicable cases and rules for such exchange (if any) are to be published in the relevant area of the Website and / or application.

 

8.5. BPCX could only be spent or released within the ecosystem of Bitpapa. There is no way BPCX can be taken outside the ecosystem of Bitpapa. It could not be spent / released by any Individual in any other way than those listed in clause 8.4.

 

8.6. Nobody is obligated, at any time, to purchase Virtual Items.

 

8.7. Purchases of Virtual Items are final and are not refundable, transferable or exchangeable.

 

8.8. Bitpapa does not issue refunds for unwanted or unintentional purchases of Virtual Items (BPCX) except the cases covered by clause 8.4.3. Should you decide to delete your account or otherwise lose access to it for any reason, your remaining BPCX balance will be considered forfeit.

 

8.9. While Bitpapa does not anticipate frequent changes to the purchase price of Virtual Items (BPCX), we reserve the right to alter it at any time, to reflect factors such as changes to our business, different product offerings, or new economic conditions. The actual price (rate) for BPCX is always up to date in a relevant section of the Website (or relevant app).

 

8.10. BPCX, you purchased, are kept in a personal balance on your account. Once BPCX has been added to this balance, you are free to use it as per clause 8.4.

 

9. Entertainment applications (games) by Bitpapa

9.1. Prediction Market

9.1.1. Prediction Market is a game (entertainment application) on the Website (and in a mobile app) that allows players to place forecasts on the likelihood of future events occurring or not occurring, or on how events will develop according to specific scenarios, using any probability model and any cases they choose. Forecasts are placed using in-game currency only, and the process is not considered gambling, as it does not involve fiat money, electronic means of payment, financial assets, or cryptocurrencies that can be purchased or sold on any exchange or other platform. Access to the game is free, and some features are available using in-game currency (Virtual Item, BPCX) that does not function as a means of payment or financial asset. More details about BPCX are provided by the article 8 of this Agreement.

9.1.2. The actual game rules are always published at the relevant section of the Website and / or the relevant app. Bitpapa reserves the right to change the rules and parameters of the Game at its sole discretion as often as necessary, subject to the provisions of clause 9.1.1. The rules of the Game published at a specific time in the relevant section of the Website (and / or the relevant application) are considered relevant.

9.1.3. Our game resembles everything that a real prediction market sites would look like with the main difference: we do not allow any sort of non-gaming betting, laying non-gaming odds, any kind of non-gaming gambling. Our goal is to have all our Players feel protected and have an enjoyable gaming time when using our Service.

 

9.2. Loot Boxes.

9.2.1. It is a gamified feature of the Bitpapa platform, that is built on a random drop generator system. The User has the opportunity to win verified crypto assets by opening / buying a lootbox.

9.2.2. There are two types of lootboxes.

9.2.2.1. Free lootboxes content rewards in BPCX and could be received in following ways:

(a) on a weekly basis (maximum two per week, one for logging into the system and one for entering transactions), every Tuesday unused attempts from the previous week expire;

(b) could be earned by completing actions (the full list of available actions is published in the relevant section of the Website / Service interface.

The User understands and agrees that if he fails to open the free lootbox in a timely manner, he is not entitled to any rights associated with the mentioned free lootboxes, and that he is not entitled to any rights associated with the mentioned free lootboxes.

9.2.2.1.1. Free lootboxes have different rarities that cause the relevant reward (Basic - 0,007 BPCX; Common - 0,01 BPCX; Rare - 0,1 BPCX; Epic - 1 BPCX; Legendary - 100 BPCX).

9.2.2.2. USDT lootboxes could be got anytime upon the sole discretion of the User by using crypto assets (USDT). The higher the lootbox value, the higher the potential reward.

9.2.3. The result of opening any lootbox is calculated deterministically using a software algorithm based on a random probability mechanism, taking into account the rarity / the value of the lootbox, while lootboxes are never empty, any loot box contains a prize.

9.2.4. By opening / purchasing lootboxes, the User understands and agrees that he may receive (a) the digital asset(s) that has a fair market value equal to or lower than the price of the lootbox, (b) the digital asset(s) that have a fair market value equal to or greater than the price of the lootbox. After pressing the relevant button (activating the opening / purchasing of the lootbox) price of the box (for USDT lootboxes only) will be instantly debited from the User’s account balance. Afterwards, the relevant reward will be instantly credited to the User’s account balance.

 

9.3. We encourage you to play thoughtfully and responsibly. We always make it clear that our Game is designed for entertainment purposes.

9.3.1. As stated in the article 8 of this Agreement, our in-game currency (BPCX) does not have any monetary value. Those were created strictly for use within the Bitpapa environment itself.

9.3.2. What do we mean by “playing responsibly”?

9.3.2.1. Our Players should be able to have fun and experience joy playing our Game.

9.3.2.2. Our Players make a conscious decision when to play and when to have a break. Playtime control is very important for health and wellbeing.

9.3.2.3. Our Players should be able to control the spending and purchases they make.

9.3.2.4. Indicators for a Video Game Behaviour Disorder (VGBD):

9.3.2.4.1. The urge to prioritize gaming over all the other activities in one’s life.

9.3.2.4.2. A diminished control over playtime – time “flies”.

9.3.2.4.3. Regular increase in gaming time ignoring negative surroundings the person.

9.3.2.4.4. Interest in gaming is unusually higher than interest in other activities, daily tasks and responsibilities.

9.3.3. Please note that for a VGBD to be diagnosed, the symptoms should normally have been evident for at least 12 months and must be of sufficient severity, affecting the daily lives of the gamers and people around them. What to do in case you or someone you know may have a VGBD? Contact a medical professional, qualified in the field of VGBD.

9.4. The items mentioned in clause 9.1 and 9.2 (including sub-clauses) may be subject to clauses 13.19 - 13.21 of this Agreement. The User is solely responsible to check the provisions of the regulations of the jurisdiction he is located and / or registered in and to follow mentioned regulations.

 

10. Usage of the QR code in process of transactions

10.1. General conditions for QR code-related transactions.

10.1.1. QR code-related transactions (hereinafter - the QR Service) allow the Users of Bitpapa to use QR codes in process of P2P transactions (and in other parts of Bitpapa ecosystem upon the sole decision of Bitpapa with a respect to technical opportunity) making payments to local merchants (not related to Bitpapa ecosystem) in supportable jurisdictions through the reading of an interoperable QR code (as a counter-offer to another party in the transaction who needs to do a payment to the relevant merchant and who, in return, will provide the paying party with a a digital asset (according to the terms of the transaction), in accordance with the applicable regulations of the relevant bank (providing the QR code-related payment), this Agreement and applicable law. The QR Code is a module for storing information in a data matrix or in a two-dimensional barcode that complies with the interoperability rules established by the applicable regulations.

10.1.2. When using the QR Service, the User who provides a relevant payment to the local merchant (not related to Bitpapa ecosystem) in supportable jurisdiction does it through the own bank account using a relevant bank application. For the avoidance of doubt, making any transaction using QR Service the User guarantees that the mentioned bank account is solely held and controlled by him. The mentioned account is not held or controlled by Bitpapa, and funds deposited therein are not protected by any guarantee scheme involving Bitpapa. Bitpapa does not custody, safeguard, or control User funds held in the mentioned bank account.

10.1.3. in process of QR code-related transactions Bitpapa (i) merely transmits payment instructions as received from the User and transferred to another User through the relevant interface of the Website of Service (ii) shall not be responsible for execution, settlement, delays, reversals, or errors in payment processing.

10.1.4. Service Operation.

10.1.4.1. The User must select the QR code payment option among others provided by the interface of Bitpapa’s Website / Service. Users can send each other QR codes (payment links to third-party merchants) in several ways:

(a) by scanning the corresponding QR code using a special interface provided by Bitpapa’s Website / Service;

(b) by uploading a file containing an image of the relevant QR code via a dedicated interface provided by Bitpapa’s Website / Service;

(c) by providing a direct link to the website of the relevant payment system (if Bitpapa offers this option under these specific circumstances).

10.1.4.2. Upon the provision of the relevant data through any of the methods specified in clause 10.1.4.1, the mentioned data is automatically extracted and validated. After that, the amount payable to the local merchant is converted at the current exchange rate, considering Bitpapa’s commission. The system then generates an Announcement (Ad) that is made available to all users of the P2P platform (peers) who are active during that time. The peers see the name of the local merchant, the amount to be paid in the corresponding fiat currency, the exchange rate, and the amount of corresponding cryptocurrency that they will receive as a result of the transaction. There is also a button to start the transaction.

10.1.4.3. After clicking on the button mentioned in clause 10.1.4.2, information about the relevant application will become unavailable to all Users (peers) who did not press the corresponding button in time. The User (peer) who accepted the terms of the transaction will then see a QR code (link) for payment to the local merchant.

10.1.4.4. After completing the payment process with the local merchant, which takes place outside of Bitpapa’s ecosystem, on the application / website of the relevant bank or payment system (that Bitpapa is not responsible for), the paying peer clicks the "Paid" button. The peer, who is alienating cryptocurrency, confirms the payment. The transaction is considered complete and the cryptocurrency is credited to the balance of the paying peer.

10.1.4.5. The cryptocurrency received by the User as a result of transactions made in accordance with the provisions of Article 10 of this Agreement will be available for use in any transactions after a 24-hour period.

10.1.4.6. The list of digital assets that can be used for QR code-related transactions is to be solely determined by Bitpapa and is to be published in the appropriate sections of the Website / Service interface.

10.1.4.7. Bitpapa reserves the right to impose restrictions / limitations /additional conditions on transactions that use a QR code. These restrictions / limitations /additional conditions are to be published on the relevant interface of the Website / Service. Bitpapa will not be responsible if an operation cannot be executed due to these limits or insufficiency of funds on the relevant peer’s bank account (or other relevant issues without limitation). Operational limits may be imposed or modified without prior notice, and Bitpapa shall not be liable for any losses resulting from such limits.

10.1.5. Currency Conversion in process of QR payment (if any): Bitpapa does not exchange fiat currency and does not support such exchange as well as does not determine, guarantee, or control exchange rates applied by User’s bank or third-party providers (If the relevant payment requires a currency exchange).

10.1.6. Funds Reversal: Any QR code-related transaction shall be considered completed and irreversible after its completion in accordance with clause 10.1.4.4. Under no circumstances will Bitpapa be liable to the parties involved in the transaction or any third party for any consequences arising from such a transaction, including issues related to the cancellation of the transaction or the refund of funds. Any issues that arise in connection with these issues should be resolved directly between the parties concerned, without Bitpapa's involvement in the settlement process.

10.1.7. Availability: The QR Service is provided on a commercially reasonable basis 24 hours a day, 7 days a week, 365 days a year, subject to the operational and technical limits established by Bitpapa, payment operators, involved institutions and regulatory bodies.

10.1.8. Responsibilities of Bitpapa in respect of the QR Service. Bitpapa is responsible solely for:

(a) providing and managing the QR Service in accordance with the provisions of this Agreement;

(b) managing the Bitpapa ecosystem;

(c) facilitating communication between the Users regarding the relevant transactions.

10.1.9. The QR Service is provided on an ‘as is’ and ‘as available’ basis. Bitpapa acts solely as a technological platform provider and is not a party to any transaction, except where expressly stated. Bitpapa is not responsible for the User's interaction with any other platform / application / website / service, for the relationship between the User and the merchants, nor for the quality, quantity, operation, condition, integrity or legitimacy of the goods or services acquired by those merchants. Bitpapa will not be responsible for:

(a) failures in reading the QR Code due to external factors, such as lighting, camera operation of the device, internet connection or battery;

(b) technical issues outside of Bitpapa ecosystem (any technical problem that prevents the completion of QR payment);

(c) fraudulent, accidental operations or those derived from the User's negligence in caring for their access credentials;

(d) To the maximum extent permitted by law, Bitpapa shall not be liable for any indirect, incidental, consequential, punitive, or economic losses, including loss of profits, loss of data, or loss of opportunity, arising from or related to the QR Service.

10.1.10. Declarations: The User declares that they will use the QR Service in a lawful manner and that their activity is not related to prohibited activities, including, but not limited to:

(a) manufacturing or marketing weapons, explosives or narcotics;

(b) promotion of illegal, discriminatory content or that violates intellectual property rights;

(c) money laundering, trafficking in persons or animals;

(d) any activity contrary to current regulations, morals or good customs. Bitpapa reserves the right to suspend or restrict User access to the QR Service and any other part of the ecosystem where required by law, regulation, or compliance policies, without liability.

10.1.11. Additional general conditions for QR code-related transactions.

10.1.11.1. In this article 10 of the Agreement, "QR code-related transaction" means a process where a User (peer) pays a fiat currency for a product or service outside the Bitpapa ecosystem on behalf of another User (peer) and, in return, receives cryptocurrency under the terms specified in a particular Announcement (Ad).

10.1.11.2. Unless otherwise stated directly, if there is any conflict or inconsistency between the provisions of this article 10 of the Agreement and the other terms of this Agreement or its integral parts in relation to the QR Service, the provisions of this article 10 shall apply over the other terms to the extent necessary to give effect to these provisions.

10.1.11.3. Unless the context otherwise requires, words referring to the singular number shall include the plural number and vice versa; and reference to a person includes reference to a sole proprietor, partnership firm and company.

 

10.2. Eligibility.

10.3.1. The User is eligible to use the QR Service, provided that the mentioned User guarantees the fulfilment of the following requirements:

10.3.1.1. The User is the legitimate holder of a relevant personal internet banking account which is valid and in good standing (in order to issue payments to local merchants using fiat currency as per clause 10.1.4);

10.3.1.2. The User has successfully downloaded, activated and logged on to the relevant bank application (or website interface) via his Device(s).

10.3.1.3. The User complies with any other procedures or requirements as may be prescribe on a permanent or frequent / accidental (from time to time) manner.

10.3.2. In order to use the QR Service the User must use an eligible Device running an operating system supported. Bitpapa reserves the right to vary or withdraw any Device type or model or operating system eligible for the QR Service at any time without giving any prior notice.

10.3.3. The User shall provide accurate, complete and up to date information required for purposes of usage of QR Service and inform Bitpapa immediately of any changes in any particulars of the User’s personal information related to the process (if any and if applicable). Under any circumstances Bitpapa will not be responsible for any losses that occur as a result of providing or confirming inaccurate information by the User.

 

10.4. QR Service operational details.

10.4.1. The User shall be solely responsible for any action / transaction / etc. outside Bitpapa ecosystem.

10.4.2. The license mentioned in clause 14.7 of the present Agreement does not include any resale or commercial use of the QR Service or its contents as well as derivative use of the QR Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.

10.4.3. The User shall ensure that all transaction details, such as the amount of payment to the local merchant and the name of the merchant to be paid, are accurate before effecting any transaction(s) through the QR Service. The User shall ensure that there are sufficient funds in the account mentioned in clause 10.3.1. Bitpapa shall never be responsible neither liable for any problem caused by the following facts (including but not limited to):

(a) the available balance of the User’s account mentioned in the clause 10.3.1 is insufficient to effect, perform or process the Instruction(s) provided by the relevant QR code (or link);

(b) the User has exceeded any of the transaction limits or any applicable limit(s) imposed by the bank where the account mentioned in the clause 10.3.1 is opened or by Bitpapa (if any);

(c) the User’s account mentioned in the clause 10.3.1 is frozen, blocked or closed or put under the applicable restrictions.

10.4.4. When using the QR Service to pay for any goods and/or services to any local merchant(s), any User acknowledges that there may arise situations whereby:

(a) due to merchant’s system constraint or for any other reason, the merchant may not be able to accept this payment method;

(b) due to any errors or systems malfunction of the Device and/or application or for any other reason, the User may not be able to execute payment using this payment method.

10.4.5. In such situations as described in clause 10.4.4 above, Bitpapa shall not be liable for any losses that the User (or any other person or entity without limitation) may suffer or have suffered as a result of the failure to complete or execute instructions for transactions under the relevant QR code or link and the merchant’s inability to accept the relevant payment.

 

10.5. Due discretion of the User.

10.5.1. The User shall, at all times, be responsible for all transactions made by him and/or instruction(s) transmitted via the relevant Announcement (Ad) using the User’s login information regardless of whether they were made by the user or someone purporting to be the User and the User hereby agrees and acknowledges that Bitpapa is entitled to rely on and treat any instruction(s) made, submitted or effected pursuant to the use and entry of the User’s login information as having been made, submitted and effected by the User accordingly. Bitpapa shall not be responsible or liable for any losses which the User (or any other person or entity without limitation) may suffer, whether directly or indirectly, as a result of the same, save for instances where such losses or damages are directly caused by gross negligence or willful misconduct.

10.5.2. All Instruction(s) transmitted to and/or received by Bitpapa through the User’s login information shall be deemed as genuine instruction(s) made by the User accordingly. Bitpapa is under no obligation to verify the said instructions with the User to determine its authenticity but may do so at sole and absolute discretion.

 

10.6. The User’s responsibilities and undertakings.

10.6.1. The User shall undertake and agree:

(a) to be responsible, at all times, for obtaining and using the necessary application version, Device, operating system, internet browser and/or any other hardware and/or software necessary including any new and recent versions thereof, which is necessary to obtain access to the QR Service, at own risk and expense;

(b) to exercise utmost care, diligence and precautions to safeguard the User’s Device from loss, theft or fraudulent use of the mentioned Device to prevent any unauthorized use of the QR Service;

 

(c) that Bitpapa shall not be held liable for the User’s inability to access or use the QR Service or any part thereof, the rejection of the User’s access to the QR Service, or the incorrect processing of User’s access to the QR Service;

(d) to observe all security measures in relation to the User’s Account in accordance to the present Agreement and other rules and applicable regulations, policies or guidelines;

(e) to stay continuously informed and updated of the relevant and applicable rules, regulations, policies, practices and other terms applicable and to be solely responsible if not (without any exception);

(f) that any use of the QR Service herein shall at all times be in accordance with all legislation, subsidiary laws and regulations governing the same and the User shall not, at any time, whatsoever, attempt or assist any other person to transmit any materials, data, communication and/or information through the QR Service, which is abusive, defamatory, infringing another person’s right, criminally sanctioned or attracts civil liability, incites hatred or racism, pornographic, contains any viruses or deleterious files and/or is otherwise objectionable to public morals and decency;

(g) to monitor all transactions, instructions and activities in connection with the User’s account. Bitpapa assumes that the User will do so without any reminders or notifications.

10.6.2. The User shall not:

(a) use the QR Service on any illegally modified devices such as a jailbroken device, rooted device or any device that has been altered in any way whatsoever. In the event the User utilizes such a device, Bitpapa shall not be liable in anyway whatsoever for any and all losses or damage which the User (or any other person or entity without limitation) may suffer;

(b) initiate any claims, actions, proceedings, or suits against Bitpapa, for any unauthorized use of the QR Service herein whether as a result of the User’s login information being compromised or otherwise.

 

11. Taxation

11.1. Bitpapa is not a tax advisor nor a tax agent for the User and does not calculate the User's due tax payments and is thus not obliged to notify the User about his tax costs. The User undertakes to independently pay all taxes in accordance with the tax legislation of the User’s tax residency jurisdiction.

 

11.2. No interaction between the User and Bitpapa can be understood as the establishment of agency relations, partnership relations, joint activity relations, personal employment relations, or any other legal relations not expressly provided for by the Agreement between the User and Bitpapa. 

 

12. Dispute settlement

12.1. Bitpapa.com operates based on the legislation of the Republic of Seychelles “Seychelles”, as well as ratified international agreements (applicable law):

12.1.1. Guidance for a risk-based approach to virtual assets and virtual asset service providers (FATF).

 

12.2. When settling disputes between Bitpapa and the User arising from the provision of Services by Bitpapa, a pre-trial claim procedure is mandatory. The official e-mail address for such claims is [email protected]. The term for consideration of a claim is 30 calendar days from the date of receipt of the User's claim by Bitpapa. In support of his claim, the User must provide all the relevant evidence. If the dispute is not settled in a complaint procedure, the settlement of the dispute is transferred to the Seychelles Arbitration ICSID Convention.

 

12.3. Arbitration procedure

12.3.1. The User and the Service have agreed that any dispute arising in connection with this Agreement will be settled through compulsory arbitration on an individual (ad hoc) basis in accordance with the rules of the Seychelles Arbitration ICSID Convention in relation to disputes involving consumers (see http://www.seychellesarbitrations.com). Subject to applicable legal requirements, a consumer plaintiff (the person who transacts for personal, family, or business needs) may bring their claim to a small claims court instead of arbitration, provided that the claim is dealt with in small claims court on an individual basis order (not on a collective or representative basis).

12.3.2. In all circumstances, without exception, all claims and disputes must be resolved individually. Collective or combined claims and lawsuits are not allowed.

 

13. Limitation of liability

13.1. Bitpapa is not liable to the User for financial or any other (without any limitation) losses caused by any actions of third parties (including any third-party service provider without any limitation). Any issue between the User and any third party shall be settled between them without any involvement of Bitpapa.com. Any issue between the User and any third party should be a subject of the relevant user agreement stipulated by the mentioned third party or by any other applicable rules / provisions etc., but it is not Bitpapa.com’s liability and it is not covered by this Agreement. In any case, Bitpapa.com shall never be responsible for any issue between the User and any third Party and shall never be involved in any dispute caused by the mentioned issues, otherwise Bitpapa.com reserves a right to protect itself using applicable legal tools.

 

13.2. Bitpapa is not responsible for any postponed or unfulfilled Announcements caused by an error/typo in the banking details indicated by the User in the completed Announcement. The user agrees that in this case, all claims will be sent to the appropriate payment system and/or bank. Bitpapa, upon the request from the User, assists in the provision of documents confirming the nature of transactions for when the User submits a complaint or request to the administration of the relevant Payment System or to the bank.

 

13.3. Bitpapa does not verify the legality of the User's possession of a digital asset, cryptocurrency, electronic money or fiat currency involved in a particular Operation. We presume the good faith and legality of the possession, use and disposal of bank cards (accounts) by the User and the Funds on them indicated by the User during the Payment. Bitpapa is not responsible for the possession, use and disposal of bank cards (accounts) and Funds by the User. All risks and responsibility for the possession, use and disposal of bank cards (accounts) and the Funds on them lie with the User.

 

13.4. If it is necessary to make changes to the data of the User account, such User must contact the Service Support team in accordance with clause 3.2 of the Agreement.

 

13.5. The User must immediately notify the Administration of the Service about any unauthorized access to the User's account or password, compromise of credentials, alleged hacking of the Account or any other security breach via email to [email protected].

 

13.6. The User shall not use any means to conceal his true location. The user must inform the administration of the Service, upon its request, of his exact and true location. If the Service determines that the User's activity is suspicious or related to any kind of illicit activity, the Service may suspend the Account, block unfulfilled transactions and/or reject subsequent transactions.

13.7. The user is responsible for the accuracy and completeness of the information and data provided upon sign-up to the Service. If the User has entered inaccurate or incorrect personal data or provided incorrect data for the execution of the Application / Announcement, the Service may not be held liable for any losses of such User resulting from such actions, whether intentional or unintentional.

 

13.8. Bitpapa may not be held liable for any losses resulting in User access to a fake and/or phishing website or a Telegram bot, or applications of any Service, imitating the real address of Bitpapa’s Website, a real bot and/or applications administered by the Service. Please check if the website you’re trying to access is https://bitpapa.com.

 

13.9. Use of any Bitpapa’s Service for any kind of illicit activity is prohibited.

 

13.10. All services of Bitpapa are provided without any express or implied warranties without the implied warranties of merchantability and fitness for a particular purpose. We will strive to provide the User with its services as soon as possible, but there is no guarantee that access will not be interrupted or that there will be no delays, failures, errors, omissions or loss of transmitted information, including through the fault of third parties.

 

13.11. Accepting this Agreement as per clause 2.1, the User confirms that:

13.11.1. They have provided Bitpapa with complete and true information about themselves, as well as genuine identification data.

13.11.2. They do not participate in any illicit activities, including money laundering, terrorist financing, dealing in illicit drugs and/or weapons, bioweapons, nuclear weapons, etc. and they are not included in any kind of “blacklists”, “stop lists” or lists of persons involved in legalization (laundering) of proceeds and financing of terrorism in the territory of his country of residence.

13.11.3. They are not found guilty of legalization (money laundering) and financing of terrorism, as well as for committing fraud or any other illicit actions related to theft, felony, blackmail, and/or robbery.

13.11.4. Trade, as well as any actions related to the turnover of digital assets, are not illegal in accordance with the legislation of the state of residence of the User.

 

13.12. The User undertakes not to disrupt the operation of Bitpapa’s Services by interfering with its software or hardware, as well as by distorting the parameters (commands) transmitted to the Service. The user is aware of the responsibility for cybercrimes regulated by the legislation of the Seychelles - Computer Misuse Act 1998, Seychelles Electronic Transactions Act, 2001 on combating cybercrimes.

13.13. If, because of the User's actions, whether intentional or unintentional, any Bitpapa’s Service has suffered damage to its’ software, hardware, or any losses incurred by the actions of the User, the User undertakes to compensate for such damage or losses in full.

 

13.14. The User acknowledges and agrees that Bitpapa does not act as a financial advisor, does not provide investment consulting services, and any information transmitted by the Service to the User shall not be considered as advice or guidance for action.

 

13.15. The User understands and assumes all risks associated with the turnover of digital assets, including the risks associated with volatility of such assets. The Service does not guarantee the User their digital assets will be sold, neither does the Service guarantee the price at which such assets may be sold.

 

13.16. Any disputes related to the terms of this Agreement, the parties to the offer undertake to settle through negotiations. In case of failure to reach an agreement, all disputes are subject to resolution in accordance with the laws of the rules of the Seychelles Arbitration ICSID Convention as specified above.

 

13.17. Information on exchange transactions is stored in the Service database and is a priority source that the parties to the offer established by this Agreement are guided by dispute settlement.

 

13.18. Bitpapa and/or its’ affiliates are not responsible and shall not be liable for any and every piece of User content shared in any Service and does not own any User content, as well as any third party intellectual property, including third-party logos, icons, any graphic and/or other trademarked and/or differently protected information, distribution thereof and third-party use thereof. However, if any User content is found to be in violation of third-party intellectual property and/or other rights, Bitpapa upon request will review and block or delete such content.

 

13.19. The products and services offered by Bitpapa under this Agreement may be prohibited or restricted in certain jurisdictions. By using the Bitpapa Website / Services, you confirm that you are solely responsible for complying with all applicable laws, regulations, and rules in the jurisdiction where you are located and /or registered. If any actions you take are prohibited or restricted by the laws of the jurisdiction you are located or registered in, you must cease those actions and refrain from using the Website / Services. Any responsibility for violations of the laws applicable to place of your location or registration lies solely with you, and Bitpapa assumes no liability in such cases (without any exception).

 

13.20. Bitpapa does not offer products and services to Users in a few excluded jurisdictions including the United States, the Chinese Mainland, Hong Kong, Singapore, Canada, North Korea, Cuba, Iran, Uzbekistan, Russian-controlled regions of Ukraine (currently including the Crimea, Donetsk, and Luhansk regions), Sevastopol, Sudan, Syria, Dubai, or any other jurisdictions in which we may determine from time to time to terminate the services at our sole discretion (the “Excluded Jurisdictions”). You should inform us immediately if you become a resident in any of the Excluded Jurisdictions or are aware of any Users based in any of the Excluded Jurisdictions. You understand and acknowledge that if it is determined that you have given false representations of your location or place of residence, Bitpapa reserves the right to take any appropriate actions in compliance with this restriction or in compliance with the law of a relevant jurisdiction, including termination of any Account immediately and liquidating any open positions. We also do not offer services to persons or entities in the U.S. Treasury Department’s List of Specially Designated Nationals or Blocked Persons, the EU’s Consolidated Financial Sanctions List or the UK Sanctions List, or any entity that is owned or controlled (50 percent or greater) by a person or entity on such lists (hereinafter “Prohibited Parties”), or offer services that involve or otherwise benefit Prohibited Parties. You understand that Bitpapa reserves the right to take any appropriate actions in compliance with this restriction or in compliance with the law of a relevant jurisdiction, including termination of any Account immediately and liquidating any open positions.

 

13.21. Some of the products or services being offered under the present agreement could be a subject of restriction / limitation in the following jurisdictions: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Romania, Portugal, Slovakia, Slovenia, Spain, and Sweden. In case the User is located or registered in one of the mentioned jurisdictions then such a User must refrain from using the relevant products/services.

 

14. Force Majeure

14.1. Neither the User nor the Service shall be held liable to each other for failure to fulfill obligations related to the provision of services by the Service caused by circumstances that arose against the will and wishes of the parties and/or that could not have been foreseen or avoided while both respective parties acted with due diligence and in good faith, including declared or actual war, civil unrest, epidemics, earthquakes, alien invasions, floods, wildfires and other natural disasters, actions of authorities and other insurmountable circumstances and cannot claim any loss or damage arising from such circumstances.

14.2. The Party that does not fulfill its obligation due to force majeure must notify the other Party of the force majeure circumstances and its impact on the fulfillment of obligations without delay, but no later than 3 (three) calendar days from the date of the specified circumstances or the beginning of such circumstances.

14.3. A Party that has failed to notify the other Party of the impossibility of fulfilling its obligations under this Agreement shall lose the right to refer to such impossibility.

 

15. Miscellaneous Provisions

15.1. Information about the User and about his operations is stored on the server of the Service website. At the request of the User, access to the account can be limited or removed.

 

15.2. The storage period for chats from Users' dialogs on Ads is 90 days. Upon expiry of that period, such data is automatically deleted by the Service.

 

15.3. The response time of any Service to the User's requests is normally up to five working days from the moment of receipt of such request. Response time may vary under certain circumstances (e.g. state holidays, technical issues, etc.).

 

15.4. If any provisions of this Agreement contradict the Applicable law, the Agreement is legal and binding in all provisions which do not contradict the applicable law. If any clause(s) of the Agreement is deemed invalid by a court, the Agreement continues to be a valid, legal and binding agreement between the respective Parties in all clauses that were not deemed invalid.

 

15.5. Information posted on the Website https://bitpapa.com, including all graphics, text information, program codes etc. is protected by national and international copyright laws and related laws. Unauthorized copying of materials is not allowed and entails full reimbursement of losses caused to the Service. All rights reserved. Unauthorized copying is prohibited.

 

15.6. This Agreement, along with Privacy Policy, AML / CFT / KYC Policy and any other published policies, regulations, or accession agreements that refer to this document, constitutes a legally binding agreement between Bitpapa and the User. By signing up to any Service, the User accept the terms of this Agreement in full and agrees to be bound by it.

 

15.7. License provision.

15.7.1. Bitpapa grants Users a limited, non-exclusive, non-transferable license to access and use the Services exclusively within the framework provided for in this Agreement.

15.7.2. Nothing in this Agreement implies the transfer of intellectual property rights, including, but not limited to, the rights to software, logos, trademarks, text and graphic materials provided by Bitpapa’s ecosystem. All rights to such intellectual property results remain with the Operator.

15.7.3. The User is not entitled to use logos, trademarks, brand names, as well as other results of intellectual activity belonging to Bitpapa, without the prior written consent. Any unauthorized use of the specified results of intellectual activity is considered a violation of the intellectual rights of Bitpapa and may entail legal liability.

15.7.4. In order to coordinate the use of logos or other results of intellectual activity, Users must send a written request to Bitpapa indicating the purpose and nature of the intended use. We have  the right to refuse approval without explaining the reasons.

 

15.8. Links to third-party websites and services

15.8.1. Services may contain links to third-party services and websites that are not under the control of Bitpapa. We are not responsible for the content, terms and privacy policies of these third-party services and sites. All such links are provided solely for the convenience of the User and do not imply approval or recommendation from Us.

15.8.2. Bitpapa does not control and is not responsible for the actions of third parties, including their websites, content, privacy policies or practices regarding the collection of personal data. Users are required to familiarize themselves with the privacy policies of third-party services and sites, especially if such services or sites collect personal data.

15.8.3. Third-party websites and services may use their own cookies and similar technologies to collect information about Users. Bitpapa is not responsible for the use of cookies or other data collection methods by these services. Users are strongly advised to review the privacy and cookie policies on third-party websites before submitting their data.

 

16. Integral Parts of the Present Agreement

16.1. Following documents are integral parts of the present Agreement, the requirements of these documents are mandatory for any User (unless another is directly mentioned in the relevant document). Any User accepts all these documents together with the present Agreement as pet the clause 1.6 of the present Agreement:

16.1.1. Appendix №1 & Appendix №1.1 to the present Agreement;

16.1.2. Rules for the use of the Website and Services;

16.1.3. Privacy Policy;

16.1.4. AML / CFT / KYC Policy;

16.1.5. Regulation on Cooperation with Law Enforcement Agencies / Authorities / Bodies;

16.1.6. Regulation on Risk Disclosure;

16.1.7. Agreement on Participation in the Affiliate (Referral) Program;