Bitgron General Terms and Conditions
1. General Provisions
1.1. The general terms and conditions herein ("GTC") apply exclusively to all transactions, contracts and business relationships with Bitgron UAB based in J. Basanaviciaus 26, Vilnius, 03224, Vilnius, Lithuania ("Bitgron"), in particular including transactions and business relationships with / on any online or electronic platform (e.g. https://www.bitgron.com/ ) or mobile application of Bitgron and the associated APIs of this platform or application ("Bitgron systems"). Bitgron also offers services in cooperation with third parties, e.g. Bitgron UAB. For the services of such third-party providers, their terms and conditions may apply in addition to these GTC.
1.2. Bitgron only offers services and concludes contracts only with persons of legal age.
1.3. An overview of the definitions used in these GTC can be found in Annex I.
2. Becoming a Bitgron Client
2.1. Persons interested in using Bitgron systems have to register themselves on a Bitgron system by providing Bitgron with valid and truthful information that is required in the registration process. A person who has successfully completed the registration process (that is confirmed by Bitgron) is referred to as a "Bitgron Client" and "you".
2.2. In order to be able to use the trading options on a Bitgron system, you as a Bitgron Client have to verify your account. Your trading limits depend on this level of verification. The verification processes and requirements depend mainly on security requirements, in particular AML considerations, and might change from time to time depending on the legal framework.
2.3. You ensure that you keep any and all details of your password confidential and only act for yourself and have created the account only for yourself. It is also prohibited to act as intermediary of any kind or broker of any kind or trustee of any kind for any person, or to grant access to the account to anyone other than yourself. As a preventive security measure, Bitgron recommends that every Bitgron Client uses the two-factor authentication identification components ("2FA").
2.4. Persons who are US citizens or resident in the United States might not become Bitgron Clients due to regulatory reasons. Depending on the respective local regulatory framework, Bitgron may also exclude other jurisdictions from Bitgron's services.
2.5. As a Bitgron Client, you shall
2.5.1. ensure prompt execution of contracts and refrain from all activities that would thwart or endanger such execution.
2.5.2. immediately report any defects or other problems that you either cause or that are brought to your attention and assist Bitgron in resolving the problem.
2.5.3. update changes to your personal data (name, mailing / postal address and email address) immediately via a Bitgron system or submit them to Bitgron via a registered email address. You are aware and accept that Bitgron shall always use the last email address and last postal address that you gave Bitgron and that any message delivered to this email or postal address shall be lawfully delivered.
2.5.4. make sure at all times that you have your 2FA available and in working condition when it is used by you. If you lose the 2FA, you must inform Bitgron immediately of this loss and follow the instructions of the members of the Bitgron support team. You acknowledge and accept that such instructions may be postponed depending on the use of the Bitgron support team and that neither Bitgron nor Bitgron UAB will be liable for your claims due to such a delay. If you do not follow the instructions and cannot comply with the security rules and requirements, you will not be able to access the relevant page or your Bitgron Client account again and the Bitgron Client account including any Token may not be and cannot be used until you can find / remember / regain correct 2FA. You know and accept this "No Recover Policy", which is a major and important immanent part of a system that deals with cryptographic blockchain-based digital information units.
2.5.5. provide Bitgron with all reasonable data and / or information that Bitgron needs to provide its services to you. This includes, but is not limited to, information relating to and evidence of the origin of funds (such as bank statements or other information provided by banks or financial institutions, sales contracts or contracts in general, or other appropriate data to prove or determine the origin of funds, if the daily, monthly or general limits on Bitgron are exceeded). You acknowledge that the documents and data you share must be verified by Bitgron. Bitgron makes reasonable efforts to review your documents as quickly as possible. However, it might happen that a verification carried out by Bitgron is delayed (e.g. due to high trading activity on Bitgron systems). As a result, the execution of your requested transaction may be delayed or, in the event that the documents you have submitted are deemed insufficient by Bitgron at its sole discretion, may not be executed at all. In such cases, Bitgron shall not be liable for any damage whatsoever resulting from the delayed or aborted execution of your requested transaction. (e.g. exchange rate losses).
2.6. Bitgron requires certain specified information from you in order to become a Bitgron Client. You are aware and hereby accept that Bitgron might, at Bitgron's sole discretion, decide at what point in time you must deliver copies of passports (in a notarized and apostilled form or not) and other documents required by law and / or as defined in Data Protection Terms; if being a legal entity copies of company register excerpts or equivalent documents (in notarised and apostilled form or not) and any other documents required by law or as defined in the Data Protection Terms.
3. Bitgron Broker
3.1. The Bitgron Group offers Bitgron systems for the exchange of
(i) cryptographic blockchain-based digital information units such as, but not limited to, Bitcoin, Dash, Ripple, Bitcoin Cash, Ether and Litecoin (”Crypto-Token”),
(ii) precious metals ("Metal-Token“) or
(iii) the sale and purchase of Token with a currency that is legal tender (“Fiat-Token”).
3.1.1. An exchange and sale / purchase with Bitgron takes place exclusively in the following way: You offer Bitgron bindingly to exchange, sell or buy (part of) Token(s). In order to submit such a binding offer, you have to
(i) correctly fill in all the necessary, valid and correct data on the Bitgron's respective trading screen and
(ii) click / confirm either the "Buy now" or "Sell now" button (item (ii) referred to as "Final Offer Click"). The conditions offered by Bitgron for your order are valid for one minute ("Price Guarantee"), which is the maximum time to validate and confirm the conditions by the Final Offer Click. You acknowledge and agree that Bitgron may at any time and at its sole discretion change the duration of the Price Guarantee and / or change the Price Guarantee for certain Token. For clarification in this context, the word "buy" is only to be interpreted and qualified as a "binding offer to accept the receipt of Crypto-Token in exchange for the specified amount in a currency that is legal tender or Fiat-Token" or" binding offer to accept the receipt of Fiat-Token in exchange for the specified amount in a currency that is legal tender" and the word "sell" is to be interpreted and qualified exclusively as a "binding offer to accept the receipt of your requested Fiat-Token in exchange for Token".
3.1.2. A "Bitgron Swap" with Bitgron takes place exclusively in the following way: You offer bindingly to convert (partially) Crypto-Token into another type of Crypto-Token or (partially) Fiat-Token into another type of Fiat-Token. In order to submit such a binding offer, you have to (i) correctly fill in all the necessary, valid and correct data on the Bitgron’s respective trading screen and (ii) click / confirm the "Swap now" button (item (ii) referred to as the "Final Offer Click Swap" together with the Final Offer Click. the “Final Offer Clicks”). To avoid any doubt in this context "swap now" is to be interpreted and qualified exclusively as "binding offer to accept the receipt of Crypto-Token in exchange for the specified amount of another type of Token.
3.1.3. The offers listed in items 3.1.1. and 3.1.2. are herein referred together as the "Bitgron Client Offer". You are bound by a Bitgron Client Offer for a period of one week after the respective Final Offer Click ("Offer Period"). Bitgron will send you a confirmation immediately after receiving a Bitgron Client Offer.
3.1.4. After receiving a Bitgron Client Offer, Bitgron may or may not accept such an offer by factual fulfilling of the offer at Bitgron's sole discretion within the Offer Period (the "Contract Conclusion and Order Fulfillment Action" or "CCOFA"). For any payments in currency that is legal tender from and to you, Bitgron uses a payment service provider. If Bitgron has actually fulfilled the Bitgron customer offer without receiving the payment agreed in the Bitgron Client Offer in full, you are obliged to pay this outstanding amount ("Default in Payment"). In the event of Default in Payment, the consequences according to items 4.2 and 5.7. apply.
3.2. Any figures, figures, exchange reference prices or other relevant publications by Bitgron, presented on relevant websites or mobile applications or in any other way, are in no way offers, binding offers or guarantees for an exchange, but are always an invitation to you to provide offers for exchange to Bitgron (invitation ad offerendum).
3.3. Bitgron only allows Bitgron Clients to make exchange offers based on positive balances on the respective Bitgron Client Account. Short selling, meaning an offer in relation to Token that are not registered as having a positive balance on the respective Bitgron Client Account is prohibited and will be blocked by the system. A Bitgron Client Offer is technically limited with your positive account balance of such an offer and the limits according to your verification level. Bitgron reserves the right to further limit the scope of a Bitgron Client Offer at Bitgron's sole discretion to certain defined limits per Bitgron Client.
3.4. Due to unforeseen technical malfunctions, there may be delays in processing Bitgron Client Offers. Therefore, neither Bitgron nor Bitgron UAB offer a guarantee for the immediate processing of the offer nor assume any liability in this regard, in particular not with relation to price changes, valuations or other conditions with respect to any offered Token or services, except the Price Guarantee in accordance with item 3.1.1. of these GTC.
3.5. You are aware that there may be significant delays when shipping Token to your Bitgron Account Wallet, as most Token are stored "cold", which means offline. Correspondingly, additional, non-automated handling may be required in order to trigger such delays.
4. Bitgron Client Account
4.1. Bitgron Systems allow only a single one account per Bitgron Client ("Bitgron Client Account"). Double accounts are strictly prohibited. Should another account (the "double-account") be registered in addition to your first account (the "original-account"), the following applies: Bitgron has the right to block and keep the double-account locked. Token which are stored on the double-account will be transmitted by Bitgron to the Bitgron Client's original-account provided that the Bitgron Client can prove (for example via the identification service used by Bitgron) that they are the same person. In these situations, Bitgron has the right to charge an administrative fee of EUR 50.00 and if necessary, subtract the fee from the transferred Token(s).
4.2. Bitgron reserves the right to lock and / or freeze and / or close a Bitgron Client Account (including the block of a transaction, reverse of a transaction, suspension of a transaction, rescission from a contract / transaction, the loss of any vouchers) immediately and with no further notice to the Bitgron Client, if
4.2.1. this Bitgron Client has been accused of (including any reasonably documented media reports or market rumors on): fraud, terrorist financing, money laundering, tax fraud, or any other breach or violation of relevant criminal, administrative or tax laws in any country of the world, taking part in a Ponzi scheme of any kind, using matrix programs / pyramid programs / multi-level marketing or other high-risk business detrimental to customers of any kind ; unlawful activity in any country of the world; prohibited gambling; intellectual property or proprietary rights infringement, counterfeit or unauthorized goods; using / distributing drugs and drug paraphernalia or substances designed to mimic illegal drugs; producing / distributing adult content and services; using unfair, predatory or deceptive practice via customers or persons; etc.
4.2.2. Bitgron has been informed of official investigations (by any competent public authority, in particular but not limited to any public prosecutors in the field of criminal law or tax agents) against such Bitgron Client with relation to fraud, terror financing, money laundering, tax fraud, or any breach or violation of relevant criminal, administrative or tax laws in any country of the world.
4.2.3. a Bitgron Client has violated its obligations against Bitgron under the GTC (e.g. any delayed payment) without curing mentioned violation within 10 “Business Days”.
4.2.4. a Bitgron client has violated any rules or regulations of a payment service provider.
4.2.5. a Bitgron Client has violated any rules or regulations of Bitgron UAB.
4.2.6. a Bitgron Client has created more than one account with Bitgron.
4.2.7. a Bitgron Client violates the single payment service provider account rule (item 5.10.) and uses together with another Bitgron Client the same payment service provider account (e.g. bank account, Neteller account, etc) or uses a third-party bank account, third-party credit cards etc.
4.2.8. a Bitgron Client uses an account without lawful entitlement to use such an account.
4.2.9. a Bitgron Client conceals the correct identity by submitting incorrect data regarding the Bitgron Client Account or an account with a payment service provider.
4.2.10. a Bitgron Client materially violates the payment rules, in particular but not limited to item 5.11., as set forth under the GTC causing significant efforts without curing the problems within 10 business days.
4.2.11. a Bitgron Client materially violates the rules of the Tell-a-Friend Program (set forth under item 10.5.) and does not cure the violations within a reasonable grace period (depending on the violation between 24 hours and 5 Business Days).
4.2.12. a Bitgron Client manipulates Bitgron Systems. Such manipulation is in particular any usage of an automated system (e.g. bot) or any other usage which contradicts normal and typical trading behavior of human beings and hence, means the involvement of a certain technology, software and / or any system automating such trading, except such usage has been agreed with Bitgron beforehand. The use of an automated system (e.g. bot) is only permitted if you use the official APIs provided on Bitgron in their original and unmodified state.
4.2.13. a Bitgron Client runs their business in such a way or uses Bitgron Systems in such a way that leads to Direct Debit Chargebacks, credit card chargebacks or violations of regulations of involved banks or credit card companies.
4.2.14. a Bitgron Client runs their business in such a way or uses Bitgron Systems in such a way that causes damage, disadvantages or losses for Bitgron and / or impairs any Bitgron Service.
4.3. If Bitgron is engaged by you to remedy a declared and / or alleged deficiency and it is proven that there is or was no deficiency or the deficiency is or was in your sphere, Bitgron is entitled to demand reimbursement of the expenses incurred as a result.
4.4. Bitgron may - in addition to any claims for damages that Bitgron may have against such a Bitgron Client - charge for the additional work of Bitgron in connection with items 4.2. and 4.3. a processing fee of up to EUR 50.00 or a part of Crypto-Token with a value of up to EUR 50.00 at the time of the measure in accordance with items 4.2. and 4.3.
4.5. Bitgron System uses its own token system (Fiat-Token, Crypto-Token, Metal-Token), which are booked in the respective storing sub-accounts (each a "Wallet") of the respective Bitgron Client Account. Only Tokens that are booked in the respective Wallets in the Bitgron Client Account might and can be used to submit a Bitgron Client Offer with regard to the offering of Token. The Wallet for Fiat-Token is called "Fiat Wallet".
4.6. Fiat-Token that are exclusively offered by Bitgron are designated
4.6.1. for support and convenience reasons as an additional service to Bitgron Clients, in particular to enable Bitgron Client to act faster with regard to Bitgron Client Offers.
4.6.2. for the exclusive use of such Fiat-Token within a Bitgron system to exchange for Crypto-Token. An exchange of Fiat-Token outside of a Bitgron system is not possible. An exchange of Fiat-Token to another Bitgron client is not possible.
4.7. Fiat-Token are designed to provide fast options to act as "support tools" for the Bitgron Clients and will in no event be considered as a deposit of any kind. If a Bitgron Client does not use a Fiat-Token within a period of 12 months after this Fiat-Token was booked on the Bitgron customer's wallet ("Reference Period") in exchange for another Token, Bitgron shall deduct Fiat-Token with a monetary value of EUR 5.00 (based on the numbers used by Bitgron in the Bitgron System) from the Bitgron Client Account per calendar month, as long as the Bitgron Client does not use the respective Fiat-Token validly. Every time the Bitgron Client uses the respective Fiat-Token, the reference period starts from zero.
4.8. You may send your Metal-Token to other Bitgron Clients, but the Bitgron System prohibit and do not allow Metal-Token to be traded between Bitgron Clients.
5. Prices, Payment Conditions, Exchange and Transfer Conditions
5.1. Prices and / or exchange rates that are published in connection with the Final Offer Click are final and binding for the Bitgron Client Offer (each a “Final Rate”).
5.2. The final prices include the following parts, which are displayed on the Final Offer Click webpage:
5.2.1. if you want to buy Fiat-Token:
i. amount offered in a currency that is legal tender
ii. Fiat-Token received if the offer is accepted by Bitgron
iii. Final Rate is the sum of items i-iii above
5.2.2. if you want to exchange Fiat-Token for Crypto-Token:
i. offered Fiat-Token
ii. Crypto-Token received if the offer is accepted by Bitgron
iii. Final Rate is the sum of items i-ii above
5.2.3. if you want to exchange Crypto-Token for Fiat-Token:
i. offered Crypto-Token
ii. Fiat-Token received if the offer is accepted by Bitgron
iii. Final Rate is the sum of items i-ii above
5.2.4. if you want to exchange Crypto-Token for another other Crypto-Token:
i. offered Crypto-Token
ii. Crypto-Token received if the offer is accepted by Bitgron
iii. Final Rate, being the sum of points i-ii above
5.2.5. if you want to exchange Fiat-Token for another different Fiat-Token:
i. offered Fiat-Token
ii. other different Fiat-Token received if the offer is accepted by Bitgron
iii. Final Rate, being the sum of points i-ii above
5.3. In general, every Bitgron Client Offer must have at least one monetary value (based on the numbers used by the Bitgron system), which is indicated by the respective Final Rate of EUR 1.00. You accept and acknowledge that the minimum monetary value for a certain Token may be greater than 1.00 EUR (if this is the case, the minimum monetary value will be displayed in Bitgron Systems before a Bitgron Client Offer is made).
5.4. Payments in a currency that is legal tender to and from Bitgron to and from you are transferred by the respective payment service provider and not by Bitgron itself.
5.5. Transfers of Token are carried out by Bitgron within Bitgron systems.
5.6. Final Rates and / or other payments or services have to be paid and / or transferred by you immediately after the Final Offer Click.
5.7. Until the purchase price, including all fees and expenses and / or all other outstanding amounts and / or claims, have been paid in full or any Token have been fully transferred to Bitgron in return, any Token or proceeds thereof remain the property of Bitgron (Reservation of Title) and Bitgron has a right of retention referring to the Token of the respective Bitgron Client. This reservation remains independent of any form of processing or blending of goods that may take place anywhere in the world.
5.8. Your payment / transfer will be delayed if the respective payment / transfer has not been booked on Bitgron's accounts (including Wallets and storages of Bitgron) at the time when the respective CCOFA (as set forth under item 3.1.4.) has been completed by Bitgron or a collection via SEPA Direct Debit mandate cannot be fulfilled. Bitgron cannot be in delay because Bitgron either accepts an offer by the completion of the respective CCOFA or rejects an offer in all other cases of non-completion of the respective CCOFA.
5.9. If you are in delay with your transfer, Bitgron might charge reminder fees in a reasonable proportion to the amount / value of the delayed Token that was transferred and to the extent that these fees are necessary to cover Bitgron reasonable costs for managing such a delay and enforce the rights of Bitgron (a total amount of at least EUR 5.00 to a maximum of EUR 15.00 will be charged). If the respective Bitgron Client does not pay his debts within a reasonable period, Bitgron reserves the right to entrust a debt collection agency with the collection of the claimed debt. In this case(s), Bitgron will charge an additional EUR 5.00 processing fee for claims between EUR 0 and EUR 500.00 and EUR 10.00 processing fee for claims over EUR 500.00.
If you do not settle your debts within a reasonable period of time, Bitgron might set off due claims against counterclaims of any kind against you as a customer.
5.10. Bitgron allows according to the single account rule (item 4.1.) also only a single match between a Bitgron Client Account and a payment service provider account (e.g. bank account, Neteller account, etc). Respectively any account with a payment service provider might be in use only by one single Bitgron Client. The designation of the payment service user must match the name of the Bitgron Client linked with the respective Bitgron Client Account.
5.11. You have to comply fully with the data disclosure requirements in the payment processes, especially when paying via SEPA. If you do not comply with the data disclosure requirements, Bitgron cannot assign the respective payment to your Bitgron Client Account, with the result that Bitgron has to start a manual tracking process, for which Bitgron shall charge you a processing fee (if any) in addition to any claims for damages (if any) in accordance with item 4.3. above.
5.12. Bitgron reserves the right in all cases of a failure with relation to payments from Bitgron to you, which is in your sphere (e.g. incorrect IBAN provided by you or technical failure of the payment service provider, etc) to transfer instead (parts of) available Fiat-Token having the same value in a currency which is legal tender at the time when the failure has occurred. The received Fiat-Token completely replaces the payment without any further claim.
5.13. Bitgron reserves the right to change, add to and / or prohibit accepted payment methods at its own discretion.
5.14. In the case of the transfer of Crypto-Token from and to a Bitgron system to an external blockchain, meaning out of or into a Bitgron system,
5.14.1.transaction fees or miner-fees that must be paid directly by the Bitgron Client.
5.14.2. the transaction-ID generated by the network serves as irrefutable proof of the completed transfer of Crypto-Token from Bitgron to the last known wallet-address of the Bitgron Client. This transaction-ID is also sent as part of a delivery confirmation email to the last known email address of the Bitgron Client.
5.14.3. the transaction is complete and cannot be reversed once the transaction appears on an external blockchain network. You are aware and accept that from this point on, Bitgron no longer has any influence on the transaction and whether or not you have access to such transferred Crypto-Token via your last known wallet-address. You are aware and accept that the transfer can only be accepted through a confirmation on the blockchain and Bitgron assumes no liability for such a confirmation. You take full responsibility for receiving the adequate transaction confirmation from an external blockchain.
5.14.4. upon the transfer of the Crypto-Token from a Bitgron system, the risk, in particular the risk of deterioration and loss, passes to you.
5.15. You are solely responsible for the correctness of your own wallet-addresses outside of a Bitgron system and for ensuring that they are correct and kept up to date. This applies in particular to a transfer of a certain Crypto-Token to a wallet-address that is meant for another Crypto-Token (e.g. Bitcoin to Litecoin). If the Crypto-Token is transferred to your last known wallet-address, the Crypto-Token cannot be transferred back or sent to another wallet-address. Bitgron assumes no liability for errors related to wallet-addresses outside of a Bitgron system.
5.16. Your wallet-addresses within the Bitgron system are not final and irrevocable. You therefore acknowledge and accept that a wallet and / or wallet-address created by you or assigned to you might be deleted or changed by Bitgron if you have not used this wallet-address within a period of 6 months since it was last used. It is therefore advisable to check your wallet-address regularly, especially before making a deposit.
5.17. In the case of Crypto-Token refunds made by third parties to the Bitgron’s hot wallet, you are obliged to ensure that these transactions can be correctly assigned to you. Such a case might occur if you transfer Crypto-Token from Bitgron's hot Wallet to a third party and the recipient sends the corresponding refunds back to Bitgron's hot Wallet.
6. Right of withdrawal
6.1. You must expressly give up your 14-day right of withdrawal, from which consumers benefit in accordance with the Lithuanian Law , to allow Bitgron according to Lithuanian Law to transfer Crypto-Token or any other cryptographic blockchain-based digital information units (as digital content not stored on a physical data carrier) before the right of withdrawal expires. Bitgron Systems submit a confirmation of the closed contract to the respective Bitgron Client according to Lithuanian Law immediately after the CCOFA.
7. Data protection
7.1. When providing the negotiated services, Bitgron complies with the GDPR in accordance with the Privacy Policy .
8. Risks
8.1. As a Bitgron Client , you understand and accept the following risks associated with the use of Bitgron systems. In particular, but not limited to these examples, understand the inherent risks set forth above and hereinafter :
i. Risk of software weaknesses: The underlying software application and software platform, the Bitgron systems, mobile applications and System technology, the smart contract systems and other software and technology involved, as well as technical concepts and theories, are still at an early stage of development and are unproven. There is no guarantee or warranty that the process for receiving, using, and owning cryptographic blockchain-based digital information units will be uninterrupted or error-free, and there is an inherent risk that the software and associated technologies and theories could contain weaknesses, vulnerabilities or bugs that, among other things, causing the complete loss of any cryptographic blockchain-based digital information units, in particular, but not limited to token, Euros or any value of cryptographic blockchain-based digital information units.
ii. Regulatory risk: Blockchain technologies enable new forms of interaction. It is possible that certain legal systems apply existing regulations for applications based on blockchain technology or introduce new regulations that have a negative impact on the current setup of the systems and, among other things, lead to significant changes in the / all cryptographic blockchain-based digital information units or any value that any cryptographic blockchain-based digital information units may have. Bitgron and its affiliates intend to design, modify and / or adapt the Bitgron System technology in such a way that the financial market rules are either not applicable to cryptographic blockchain-based digital information units and / or Bitgron System technology or if financial market rules are applicable, Bitgron will make every effort to abide with and comply with all forms of the applicable regulation at all times. Respectively within the regulatory risk category, including changes in Bitgron System technology in relation to such adjustments, changes and re-designs may lead to the termination or loss of cryptographic blockchain-based digital information units or any value that a cryptographic blockchain-based digital information units may have.
iii. Risk of abandonment / lack of success: The assignment of cryptographic blockchain-based digital information units and the development of any cryptographic blockchain-based digital information unit technologies may be abandoned for a number of reasons including a lack of interest from industry, community and / or the public, lack of funding, lack of commercial success or lack of prospects (e.g. caused by competing projects). Respectively even if the Bitgron System technology is partially or fully developed and implemented, it can happen that cryptographic blockchain-based digital information units do not receive any functionality.
iv. Risk of theft and Internet vulnerability: The underlying software application and software platform, the Bitgron System technology, the smart contract system(s), other software involved, other technology components and / or platforms might be exposed to electronic or physical attacks resulting in theft or loss of Tokens or the theft or loss of private data that impair the ability to develop, implement or use Bitgron System technology. You should be aware that SMS / messaging and email services are susceptible to spoofing and phishing attacks and should be careful when reviewing messages that claim to be from Bitgron or Bitgron UAB. You should always log into your Bitgron Client Account via https://www.bitgron.com in order to check transactions or required actions if you are unsure about the authenticity of a communication or notice. Note that phishing attacks often occur despite SMS or email or equivalent services, via search engines or advertisements in search engines or other fraudulent links. Neither Bitgron nor Bitgron Payments UAB take any responsibility for lost Token or other funds due to spoofing, phishing or other equivalent attacks.
v. Risk of Blockchain Mining Attacks: As with all other public blockchain-based systems, Bitgron System technology might be vulnerable to attacks including, but not limited to, double-spend attacks, major mining power attacks, "selfish-mining" attacks and race condition attacks or other mining or non-mining-related attacks. All successful attacks pose a risk to Bitgron System technology, the expected proper execution and sequencing of cryptographic blockchain-based digital information units transactions, and the expected proper execution and sequencing of software computations.
vi. Risk of depreciation in value/extreme volatility: Since cryptographic blockchain-based digital information units are not comprehensively regulated, the value of cryptographic blockchain-based digital information units is assessed differently. The value of cryptographic blockchain-based digital information units in whatever form and each Token may be subject to extreme volatility and / or the value of cryptographic blockchain-based digital information units might drop to zero. As additional costs might be triggered in relation to regulatory or other risks - and if these costs are added to the value of cryptographic blockchain-based digital information units (whatever value you give to the cryptographic blockchain-based digital information units) for the purpose of calculating - cryptographic blockchain-based digital information units may also decrease in value to zero.
vii. General risk: To the extent permitted by law, there is no guarantee / warranty on Tokens and / or the success of Bitgron System technology, either expressed or implied, and that all Tokens are created and received at the Bitgron Client's sole risk on the basis of "as is” and “under development ”and without, to the extent permitted by law, any guarantees / warranties of any kind, including, but not limited to, warranties of ownership or implied warranties, merchantability or fitness for a particular purpose;
viii. Market and Community risk: You are aware of the risks of soft and hard forks and splitting, including the broad possible changes to Bitgron System technology that might be imposed by the market or community on Bitgron / Bitgron System technology. Market and community risk might also be triggered and accelerated by communities that come together, for example, in online forums to discuss certain investment opportunities and products with the intention of placing jointly organized buy and sell orders, which might lead to strong price fluctuations with a high risk of loss.
ix. Tax risk: The tax consequences of the allocation or acquisition of Token (in whatever form) as well as the exchange of Token, holding of Token (in whatever form), the alienation of Token (in whatever form) and / or other actions or transactions in connection with Tokens might have tax implications at the level of a Bitgron Client; therefore you should consult your own tax advisors regarding the tax consequences in connection with the Tokens and the Bitgron System technology; by submitting a Bitgron Client Offer to Bitgron, and / or receiving, using or holding Token, and to the extent permitted by law, you are consenting to not include any related parties (including Bitgron, Bitgron's auditors, Bitgron's contractors, Bitgron's consultants, Bitgron’s employees or Bitgron’s founders) liable for any tax liability in connection with or arising out of the making of a Bitgron Client Offer, the allocation, use or ownership of Token, or any other action or transaction related to Token.
9. Warnings
9.1. Investing in Token offered on the Bitgron Systems is highly speculative with the risk of losing all of the capital invested. Such an investment is only suitable for users who can bear a loss of the entire capital invested.
9.2. Investing in cryptographic blockchain-based digital information units means investing in something completely new and unpredictable. Such an investment is only suitable for users who want to take maximum risk.
9.3. Cryptographic blockchain-based digital information units are not currencies or means of payment and are neither accepted by states, central banks, nor do private individuals have to accept them in any way.
9.4. Bitgron is not responsible for precious metal prices and you trade precious metals on your behalf and at your risk.
9.5. Bitgron takes no responsibility for cryptographic blockchain-based digital information units that are or tend to be collateralised, backed or pegged by a currency that is legal tender or any other asset of whatever form (e.g. stablecoins) as all actions related to such cryptographic blockchain-based digital information units are in the exclusive responsibility of its issuer and Bitgron has no discretion regarding such actions. You consent and confirm that such cryptographic blockchain-based digital information units are collateralised, backed or pegged exclusively by the issuer and not by Bitgron itself. Therefore, you cannot redeem or convert such cryptographic blockchain-based digital information units with Bitgron.
9.6. You use the offered Bitgron Systems at your own risk.
10. Miscellaneous
10.1. Bitgron manages the Bitgron Systems with the necessary care. However, Token exchange systems combine various new areas of experimental technology and it is very likely that interruptions, failures and other problems will arise. Neither Bitgron nor any of its affiliates give any guarantee that such problems will be resolved as quickly as possible. Bitgron and Bitgron UAB take no responsibility other than attempting to find solutions and therefore assume no liability for any damage caused by interruptions in a Bitgron System, as such interruptions are inherent in an experimental field of technology.
10.2. You are aware that technology-based systems such as Bitgron Systems require maintenance and development work and for such work interruptions of the systems (planned and unplanned) are necessary and system inherent.
10.3. Bitgron shall
10.3.1. via business clients only be liable for direct and foreseeable damage in the event of intent or in cases physical damages of persons negligently caused by Bitgron.
10.3.2. via consumers only be liable for any direct and foreseeable damage in the event of intent, gross negligence or in cases physical damages of persons negligently caused by Bitgron.
10.3.3. in no way be liable for indirect damage, consequential damage, in particular for damage to other software, lost profit, pure property damages to a Bitgron Client or damage to third parties.
10.3.4. in particular, not be liable for damage caused by interruptions in Bitgron Systems, which are necessary for maintenance work or to avoid network disruptions and / or which are caused by unavoidable events that are beyond the control of Bitgron and its affiliated companies (e.g. disruptions of the energy network; regulatory authority interference or on-site visits; strikes, rebellions, environmental causes like earthquakes, storms, etc; wars or national or international conflicts with and without arms; international or national sanctions against certain products, services, persons, countries; legal limitations to cryptographic blockchain-based digital information units at any time or place worldwide; network interference, computer failures or criminal activities through third parties (for example hacking).
10.3.5. accept no liability and cannot guarantee that the security certificates displayed on a Bitgron System are absolutely secure.
10.3.6.not be liable for the loss of user data (e.g. through hacker attacks) that is outside the sphere of Bitgron and Bitgron UAB. A Bitgron Client will be notified immediately of any loss of data.
10.3.7. assume no liability for
(i) stored Crypto-Token in a hot and / or cold wallet for a Bitgron Client;
(ii) Bitgron Client’s information used for transactions in or out of Bitgron Systems,
(iii) transactions in or out of Bitgron Systems,
(iv) a Bitgron Client or person using websites, mobile applications or services uses that are not provided by Bitgron or any of its affiliates such as third-party wallet services or other third-party services and
(v) any user credentials, Bitgron Client credentials, 2FA data or other user data. When using websites or services that are not provided by Bitgron or one of its affiliates, such as wallet services or other third-party services, Bitgron and Bitgron UAB expressly disclaim any liability for the services of third parties and are not responsible for their performance responsible of the third party or the supplier. As a Bitgron Client, you use these services entirely at your own risk. Funds sent to such third parties cannot be reversed as these parties are unwilling to do so. We cannot and will not check the reliability of these third parties. We are under no obligation to contact third parties or to solve the problem.
10.4. Bitgron undertakes to maintain the Crypto-Token stored by Bitgron Client to the extent to which it is rationally technically manageable in Bitgron Systems and takes efforts to store the majority of these "cold" – meaning offline.
10.5. Tell-a-Friend program
10.5.1. Bitgron offers a refer-a-friend program for an indefinite period. A corresponding referral code for this program can be found in the Bitgron Client's Account. You might recommend someone to register as a new Bitgron Client (“Promoter”) and use the Promoter's referral code (“Promoter Referral Code”).
10.5.2. As a Promoter, you will receive a Fiat-Token in the amount of EUR 10.00 for every new Bitgron Client Account that was created using the Promoter Referral Code ("Promotion Award") and that meets the following requirements: The referred Bitgron Client has to successfully complete the verification, deposit at least EUR 25.00 and buy Crypto-Token or Metal-Token with a value of at least EUR 25.00 via Bitgron Broker. If these requirements are met, the referenced Bitgron Client will receive an additional EUR 10.00 as a bonus. These two rewards are each booked in the form of Fiat-Token respectively and can be time-displaced. You acknowledge and accept that Bitgron may change or terminate the account opening bonus at any time at its sole discretion. In particular, Bitgron reserves the right to change or cancel both the account opening bonus for the Promoter and the amount received from the Bitgron Client, depending on the location / residence and / or nationality of the people involved.
10.5.3. As part of this Tell-a-Friend program and for any other context, a Promoter may only use advertising materials provided by Bitgron. Changes to these materials or the use of materials created by the Promoter are strictly prohibited.
10.5.4. Spamming, cold calling or other intrusive advertising measures are strictly prohibited.
10.5.5. Any action on behalf of Bitgron is prohibited (e.g. sending messages in the name or on behalf of Bitgron to persons; publishing postings or making statements on behalf of Bitgron, editing the logo(s), trademarks or other material by Bitgron, promoting any discounts for Bitgron's services (excluding discounts published by Bitgron itself).
10.5.6. Any Promoter must refrain from any Pay Per Click (PPC) or Search Engine Marketing (SEM) activity, including, but not limited to, Google Adwords, Bing Ads, in relation to
(i) advertising on behalf of Bitgron and leading users directly to Bitgron Systems, the Promoter's website, or any other third party website as a result of such paid advertising, as well as
(ii) bidding on Bitgron brand terms, including any misspellings and typographical errors, and
(iii) use of Bitgron brand terms, including any misspellings or typos in the text of paid ads; and
(iv) direct competition with Bitgron ads in order to appear on search results pages.
10.5.7. Each Promotion Award is booked in the Client Account of the Promoter and must be redeemed within 180 days by its usage in exchange for Crypto-Token or Metal-Token. If a Promotion Award is not validly used within 180 days, it will become invalid.
10.5.8. For regulatory reasons, people with their place of residence / seat in Germany are excluded from participating in the “Tell-a-Friend” program.
10.6. You may not transfer Crypto-Token from the Bitgron Systems in an ICO (Initial Coin Offering) or a comparable offer in which digital currency or assets are returned to the respective smart contract, unless this has been expressly approved by Bitgron. If you do this anyway, the returned digital currencies or assets will be credited to Bitgron (see item 5.17.). You agree to comply with these regulations and assist support in returning the digital currency or assets. Bitgron is therefore entitled to reimbursement of costs.
10.7. Bitgron has the right to pass on all data to a competent authority if the data is requested by this authority for the pursuit or investigation of any relevant cases according to the Lithuanian Criminal Code . Bitgron reserves the right to cooperate with such authorities to the greatest possible extent.
10.8. You accept and confirm with each transaction hereunder that you accept and confirm these GTC in the current form.
10.9. If one or more provisions of these GTC or one or more schedules thereto are or become invalid or unenforceable, or if one or more provisions of these GTC or one or more schedules to these GTC are or become incomplete, the other provisions of these GTC and the schedules hereto will remain valid without limitation, save that the main obligations of the parties hereunder remain unaffected. Any such provision that has been found to be unlawful or unenforceable in whole or in part shall only be ineffective to the extent that such a determination of invalidity or unenforceability is made only in relation to the jurisdiction in which it was found to be unlawful or unenforceable without affecting any other jurisdiction. Each invalid or unenforceable provision will be replaced or supplemented by a valid and enforceable provision in such a way that the new provision closely reflects the legal and economic effects that the parties have concurrently aimed at in the invalid or unenforceable provision.
10.10. Changes and additions to these GTC, including this clause, can be made by Bitgron at any time and become effective at the earliest of
(i) the Bitgron Client accepts the changed GTC online or
(ii) within 1 month of the changes or amendments having been published.
10.11 The GTC exclusively regulate the relationship between you and Bitgron and supersede all previous declarations or agreements. Any terms and conditions ( GTC ) of yours are excluded from application to the relationship between you and Bitgron.
10.12. Bitgron's failure to enforce or exercise at any time or for any period of time any condition or right or remedy arising from or under the GTC shall not constitute a waiver of such condition and shall not be construed as such or right or remedy and in no way affects Bitgron's right to later enforce or exercise it, unless that right is not time barred, expired or precluded. Any waiver in this regard must be expressly made in writing.
10.13. Bitgron and you consent to the English language in relation to our communication. Any other language shall be used for the sake of simplicity. Any notice or communication must be in English language respectively. The English language version of these GTC is the prevailing version.
10.14. The GTC and all transactions hereunder are subject to the law of the Republic of Lithuania , excluding the provisions of the United Nations Convention on the International Sale of Goods and without giving effect to any statutory conflict of laws or regulations that would result in the application of the law of any jurisdiction other than Lithuania .
10.15. Any and all disputes or divergences or claims shall be exclusively dealt with the court that has pertinent competence for 03224 Vilnius.
Definitions
In the GTC, the following terms have the meanings specified or referred to in the following overview and shall be equally applicable to both the singular and plural forms.
Annex I
2FA |
means the proof of identity of a Bitgron Client by combining two different and independent components (factors). |
Bitgron |
has the meaning given to it in point 1.1. |
Bitgron Client |
has the meaning given to it in point 2.1. |
Bitgron Client Account |
has the meaning given to it in point 4.1. |
Bitgron Client Offer |
has the meaning given to it in point 3.1.3. |
Bitgron Swap |
has the meaning given to it in point 3.1.2. |
Bitgron Systems |
has the meaning given to it in 1.1. |
Business Day |
is a working day on which Lithuanian credit institutions are open to the public. |
CCOFA or Contract Conclusion and Order Fulfillment Action |
has the meaning given to it in point 3.1.4. |
Default in Payment |
has the meaning given to it in point 3.1.4. |
Crypto-Token |
has the meaning given to it in point 3.1. |
Fiat-Token |
has the meaning given to it in point 3.1. |
Fiat Wallet |
has the meaning given to it in point 4.5. |
Final Offer Click |
has the meaning given to it in point 3.1.1. |
Final Offer Click Swap |
has the meaning given to it in point 3.1.2. |
Final Offer Clicks |
has the meaning given to it in point 3.1.2. |
Final Rate |
has the meaning given to it in point 5.1. |
Metal-Token |
has the meaning given to it in point 3.1. |
Offer Period |
has the meaning given to it in point 3.1.3. |
Price Guarantee |
has the meaning given to it in point 3.1.1. |
Promotion Award |
has the meaning given to it in point 10.5.2. |
Promoter |
has the meaning given to it in point 10.5.1. |
Promoter Referral Code |
has the meaning given to it in point 10.5.1. |
Reference Period |
has the meaning given to it in point 4.7. |
Token |
has the meaning given to it in point 3.1. |
Wallet |
has the meaning given to it in point 4.5. |