We offer you the ability to use our Services as defined above in the following terms and conditions:
- Scope of Services
1.1. By using our Services, you have the ability to:
1.1.1. Set up a crypto wallet to hold crypto assets;
1.1.2. Exchange a type of Crypto Asset by another, and/or Crypto Asset for fiat currency.
1.2. For the purposes of this document, ” Crypto Asset Exchange ” shall mean an exchange of Crypto Asset of one type to Crypto Asset of another type on the terms and conditions established by the exchange parties, which is executed through our own service on the network. of respective block chain, or exchange of cryptoactive to fiat currency the terms and conditions established by the exchanging parties, which is executed through the third party service;
1.3. When you exchange crypto assets to fiat currency, you acknowledge and agree that the Exchange will be processed through the third party exchange service with additional fees applicable to such Exchange. You acknowledge and agree that exchange rate information available through the Services is only an estimate and may differ from current rates available through other sources outside of our Services.
1.4. ” Crypto -assets ” in this document shall be considered as a type of assets that can only and exclusively be transmitted using blockchain technology, including, but not limited to, digital currencies and digital tokens and any other type of digital medium of exchange, such as Bitcoin, Ethereum, Ripple , etc., with the total and absolute exemption of securities of any kind.
1.5. In order to use all the possibilities and functionalities of our Services, you will need to go through the registration process and create a bluedot Account. “bluedot Account” is a user account accessible after the registration process and through the Services where the user can request to carry out an exchange of cryptographic assets. User must manage and maintain only one bluedot account. Users are prohibited from creating multiple accounts. When you create a bluedot Account you agree to:
1.5.1. change the password, which is generated by our Services automatically, to a strong password that you do not use for any other websites, online or offline services;
1.5.2. provide an accurate email, which really belongs to you and therefore needs to be verified. Access to the services provided by bluedot is not allowed without email verification;
1.5.3. maintain the security of your bluedot Account and notify us immediately if you discover any suspicious activity related to your account;
1.5.4. You agree to go through AML/KYC procedures, which may be applied to You in accordance with our internal AML/KYC policies. As part of such procedures, bluedot reserves the right to request additional information and documents, which are intended, without limitation, to identify our user and prove the source of funds;
1.5.5. take responsibility for all activities that occur under your bluedot Account.
1.6. The “Floating Exchange Rate” option in this document will mean an exchange rate mode in which our platform does not guarantee the rate, so it fluctuates according to the market. You acknowledge and agree that the exchange rate information available through the Services for the floating exchange rate option is only an estimate and may differ from the actual rates available through other sources outside of our Services. To avoid substantial losses, where a significant mismatch arises between an estimated exchange rate available on the Website and the rate received from a third party exchange, a floating exchange rate transaction may automatically fail.
1.7. By using the “Fixed Exchange Rate” option, your exchange rate is “locked” for fifteen to twenty minutes, which means it remains the same regardless of changes in the market. You acknowledge and agree that for the fixed exchange rate option, the exchange rate information available on the Website may be different from the exchange rates of the floating exchange rate option. Bluedot cannot guarantee the execution of a fixed exchange rate transaction in some cases, including but not limited to the following:
1.7.1. the user sent crypto assets more than 15 minutes (20 minutes in case of BTC, XMR, LTC, DCR, EOS, GAS, BNB, VET) after clicking the “confirm and make payment” button when exchanging via the fixed exchange rate option;
1.7.2. the user sent an amount of crypto assets different from the amount to send that was displayed on the website, or did not take into account the relevant withdrawal and network fees, thus sending too little amount;
1.7.3. the user sent crypto assets to a previously used unique address that had been generated for a fixed exchange rate transaction or a floating exchange rate transaction. All fixed exchange rate option addresses are not reusable.
1.8. To carry out the exchange through our Services, our system will automatically generate the home address, which contains information about the user; ( ii ) the crypto asset the user wishes to exchange and the crypto asset the user wishes to receive (collectively – “crypto pair”); and ( iii ) the recipient address provided by the user (the address where the exchanged crypto assets will be deposited ). Only floating rate option addresses are reusable: those addresses can be used to make an unlimited number of transactions with the same parameters. If the crypto pair and/or recipient address changes, our system will generate a new address.
1.9. Technical issues resulting from your misuse of our services, such as creating incorrect transactions (entering an incorrect address both when providing the recipient address and when sending us your crypto assets) and other types of user errors can be resolved by our department. technician when possible. Upon successful resolution of a technical issue, incorrectly sent crypto assets will be refunded to the user, less all applicable fees.
1.10.YOU INDEMNIFY AND HOLD HARMLESS BLUEDOT AGAINST ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER WHETHER IN AN ACTION OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, THE MISUSE OF REUSABLE ADDRESSES, IMPROPERLY CONSTRUCTED TRANSACTIONS, ETC.
1.10. bluedot does not provide escrow services, which means we do not store your crypto assets on deposits and balances. In limited cases, such as the need to carry out the AML / KYC procedure, your exchange may be delayed. YOU HEREBY UNDERSTAND AND ACKNOWLEDGE THAT ANY DELAYS ARE POSSIBLE; YOU INDEMNIFY US AND HOLD US HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION OF CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO THE DELAY OF EXCHANGE, WHETHER ARISING OUT OF OUR FAULT OR NO.
- AML and KYC procedure 2.1. We intend to provide Services only to law-abiding individuals or corporations. bluedot reserves the right to apply the AML / KYC procedure to particular users, addresses and particular transactions of cryptographic assets.
2.2. The User is required to pass the KYC verification if, according to our internal AML/KYC policy, we have reason to suspect that the User or their Crypto -assets are involved in money laundering or terrorist financing activities.
2.4. bluedot may provide the information collected during the AML/KYC procedure to competent authorities upon legitimate request or in accordance with the requirements of AML legislation.
2.5. bluedot will not enter into and have the right to cancel a business agreement with a person or entity suspected or directly involved in money laundering, or in the event that we suspect or have evidence that the funds have been the source of illegal activity.
2.6. The AML/KYC procedure includes confirmation of the identity of Users by:
2.6.1. A high-quality photo of your identity document (passport or driving license) valid in your country;
2.6.2. Proof of source of funds;
2.6.3. Selfie with passport;
2.6.4. Confirmation of the place of residence;
2.6.5. Any other documentation requested by our compliance department;
2.7. We have the right to suspend any transaction and block any crypto asset if we have any suspicions under AML/KYC procedures. Upon successful completion of the AML/KYC verification, the transaction that was placed on hold can be processed.
2.8. If there is any reasonable doubt that any information provided by the User is incorrect, false, out of date or incomplete, bluedot has the right to send the User a notice to demand corrections or terminate all Services to the User.
3.1. Prior to your use of the Services and on a continuing basis, you represent, warrant, agree and agree that:
3.1.1. use our Services at your own discretion and risk;
3.1.2. you are solely responsible for any applicable taxes that may be paid while using our Services;
3.1.3. You are NOT located in, under the control of, or a citizen or resident of Iran, North Korea, or the US (“Restricted Locations”). bluedot does not operate in restricted locations. bluedot reserves the right to select the markets and jurisdictions in which it operates and may restrict or deny services to certain countries at any time.
3.1.4. you are at least 16 years of age or other legal age, depending on your relevant jurisdiction;
3.1.5. you agree to pay the fees for Trades completed through the Services as defined by bluedot, which we may change from time to time;
3.1.6. there are risks, associated with the Internet-based system, such as the failure of hardware, software, and Internet connections and with the Blockchain Protocol , such as any malfunction, unintended function, unexpected operation, or attack on the Blockchain Protocol ;
3.1.7. You warrant that your Crypto Assets belong to you and are not sold, encumbered, disputed or seized, and that there are no third party rights to your Crypto Assets;
3.1.8. You will need to provide correct information to build the Exchange (for example, payment and payment wallet address). Such wallet addresses will not be associated with terrorism, scam, scam or any kind of illegal activity.
3.2. You further represent, agree, and warrant that you will not violate any law, contract, third-party right, or commit tort by accessing or using the Services, and that you are solely responsible for your actions and/or inactions while using our Services. Notwithstanding the foregoing, you represent, agree and warrant that you will NOT:
3.2.1. use our Services or immediately stop using our Services if any applicable law in your country prohibits or will prohibit you from doing so at any time;
3.2.2. use our Services to engage in fraudulent, fraudulent, or any type of illegal activity;
3.2.3. trade through our Services or attempt to pay for crypto assets , which are obtained from illegal gambling activities; fraud; money laundering; or terrorist activities; or any other illegal activity. With our Services, the user can only use cryptographic assets, which are obtained from legal sources;
3.2.4. provide false, inaccurate or misleading information;
3.2.5. attempt to modify, decompile, reverse engineer or disassemble our software in any way;
3.2.6. use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Services or extract data;
3.2.7. attempt to circumvent any content filtering techniques we employ, or attempt to access any services or areas of our Services that you are not authorized to access;
3.2.8. develop third party applications that interact with our Services without our prior written consent; Y
3.2.9. Encourage or induce any third party to engage in any of the activities prohibited under this Section.
3.3.YOU INDEMNIFY US AND HOLD US HARMLESS AGAINST ANY AND ALL CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA OR LOSS OF ASSETS, WHETHER IN AN ACTION OF CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE INVALIDITY OR BREACH OF ANY OF THE PROVISIONS OF THIS SECTION AND THE ENTIRE TERMS.
- Privacy of information
4.1. Never share your transaction details, including but not limited to your bluedot ID, transaction hash, recipient address, and/or email related to a bluedot account, with anyone except bluedot representatives . bluedot will not ask you for specific user account, transaction or other personally identifiable information unless: (i) the information is requested to help complete a transaction initiated by you; ( ii ) the information is requested to efficiently process your inquiry; or ( iii ) is legally required, for example, in connection with the AML/KYC procedure.
4.2. You must ensure that your transactions and/or account details are not disclosed by ensuring that you do not knowingly or accidentally share, provide or facilitate unauthorized use thereof.
4.3. WITHOUT LIMITING THE FOREGOING, BLUEDOT SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF ANY INFORMATION SUBMITTED THROUGH THIS WEBSITE OR ANY EMAIL CONTACT THEREOF OR FROM YOUR TRANSMISSION OF INFORMATION TO ANY PERSON OR ENTITY ( S) AS A RESULT OF A REQUEST FOR SUCH TRANSMISSION REASONABLY BELIEVED BY BLUEDOT TO BE MADE BY SUCH PERSON OR ENTITY.
- Risk Disclosure
5.1. Bluedot does not and will not provide any investment advice or legal advice with respect to your exchange. You acknowledge that you alone are responsible for your decisions and actions taken on our platform and we will not make any personal recommendations or advise you on the exchange of particular crypto assets. Before engaging in any crypto asset trade, you should carefully consider whether such a trade is right for you with your current circumstances and financial resources.
5.2. Please note that crypto assets are generally assumed to be subject to high volatility due to the fact that they are still in the early stages of development, technologically and financially. Crypto assets do not necessarily have a specific form of protection or regulation by any government body, which means that when trading crypto assets , you will not be able to enforce the guarantees or safeguards expected with regulated financial services.
- 3.THE RISK OF LOSS IN THE EXCHANGE OF CRYPTOGRAPHIC ASSETS CAN BE SUBSTANTIAL AND THEREFORE YOU SHOULD UNDERSTAND THE POSSIBILITY OF LOSS ASSOCIATED WITH THE EXCHANGE OF CRYPTOGRAPHIC ASSETS AND YOU SHOULD ASSUME RESPONSIBILITY FOR ALL RISKS ASSOCIATED WITH SUCH EXCHANGE AND OF YOUR RESULTS.
- Third Party Content and Services
6.1. For the purposes of this document, “Third Party Content” shall mean content provided by third parties, including, without limitation, links to such parties’ web pages, which may be represented on the Website and other Services. At the same time, “Third Party Service” means any platform or network on which Crypto Assets belong to you or where you are the beneficial owner of Crypto Assets; and this platform is maintained by a third party outside of the Services; including, but not limited to third party accounts.
6.2. Absence of control over third party services. You may be charged fees by the third-party service provider. bluedot is not responsible for fees for third party services. You are solely responsible for your use of the Third Party Service, and you agree to comply with all terms and conditions applicable to any Third Party Service.
6.3. The discrepancy of exchange rates is possible at any time due to third party algorithms. YOU INDEMNIFY AND HOLD HARMLESS BLUEDOT AGAINST ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION OF CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO THE ABOVE EXCHANGE RATE DISCREPANCY THAT IS LESS THAN $10.
6.4. While using our Services, you may view Third Party Content. We do not control, endorse, or adopt (unless we expressly state otherwise) any Third Party Content and shall have no liability for Third Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent, or objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible for any loss or damage of any kind incurred as a result of such dealings, and you understand that your use of Third Party Content and your interactions with third parties is at your own risk.
- Intellectual property
7.1. All of our intellectual property (“IP”) assets, including, without limitation, all copyrights, trademarks, patents, service marks, trade names, software code, icons, logos, characters, designs, trade secrets, buttons, color combinations and graphics are protected by local and international intellectual property laws and treaties.
7.2. We hereby grant you a limited, non-exclusive, non- sublicensable license to access and use our IP for your personal use only.
7.3. In any event, you may not alter, modify, reproduce, distribute, or commercially exploit any material, including text, graphics, video, audio, software code, user interface design, or logos.
7.4. The license granted under this Section will automatically terminate if we suspend or terminate your access to the Services.
7.5. If you upload or share any comments, suggestions, ideas or other information or material (“Content”) with us, you automatically grant us a worldwide license to use your content. It becomes part of the public domain as long as it remains on our website and services. It may be used for marketing or any other purpose at our sole discretion.
8.1. You agree and consent to receive electronically all Communications that Bluedot may be willing to communicate to you in connection with your Bluedot Account and/or use of our Services. For the purposes of this document, “Communications” shall mean any and all communications, agreements, documents, receipts, notices and disclosures, that Bluedot may address to the user from time to time. You may withdraw your consent to receive electronic Communications by submitting a withdrawal notice to support. If this is a case, you waive your right to plead ignorance. If you reject or withdraw your consent to receive electronic Communications, Bluedot may suspend or terminate your use of the Services.
- Limitation of liability
9.1. Except as otherwise expressly provided in writing by us, our Services are provided on an “as is” and “as available” basis. WE EXPRESSLY DISCLAIM, AND YOU DISCLAIM, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, THE CONTENT AND THE MATERIALS CONTAINED THEREIN.
9.2. Except as otherwise required by law, IN NO EVENT SHALL BLUEDOT, OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION OF CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO USE OR INABILITY FROM USING OUR SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES CAUSED BY OR RESULTING FROM ANY USER’S RELIANCE ON ANY INFORMATION OBTAINED FROM BLUEDOT, OR RESULTING FROM ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN EVENT OF FORCE MAJEURE, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE S BLUEDOT RECORDS, PROGRAMS OR SERVICES.
9.3. Trades through our Services cannot be canceled by Bluedot. Therefore, please check the details of your exchange details before making such an exchange. Bluedot is not responsible for your cryptographic assets once they have been sent outside of the Services. Furthermore, Bluedot does not guarantee the uptime of the exchange.
9.4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE ENTIRE LIABILITY OF BLUEDOT (INCLUDING OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE, BLUEDOT OR THESE TERMS EXCEED THE FEES PAID BY YOU TO BLUEDOT WITHIN THE 3 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.
9.5. We strive to protect our users from fraudulent and fraudulent activities in the field of crypto assets. Some crypto assets may be intended for illegal property seizure, or construed as fraud, scam, or any other activity, recognized by law as illegal and/or not in compliance with legal requirements. Bluedot cooperates with law enforcement agencies and other competent authorities to determine and disclose such crypto assets . We reserve the right to prohibit and discontinue any Exchange through our Services with such cryptographic asset at our sole discretion, without prior notice and without publication of the reason for such decision, provided this comes to our knowledge. YOU INDEMNIFY AND HOLD HARMLESS BLUEDOT AGAINST ANY AND ALL CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PROHIBITION AND DISRUPTION OF EXCHANGES ON OUR WEBSITE WITH ANY CRYPTOGRAPHIC ASSET.
- There is no offer of securities
10.1. Bluedot takes all possible steps to integrate and exchange those digital currencies and digital tokens and other types of digital means of exchange only that cannot be classified as “security” by the SEC or other competent national authorities.
10.2. The responsibility for the fact that the cryptoasset cannot be treated as “security” rests with the owner of the digital token and / or digital currency. Bluedot reserves the right, at its sole discretion, to prohibit and discontinue any exchange (as well as any other type of transaction) with the token or coin if there is any risk or speculation that said token and/or coin may be treated as ” security”.
10.3. We follow best practices to decide if crypto assets are security or not. However, for the avoidance of doubt, the provisions of this clause shall not constitute or be construed as a guarantee and/or investment, financial, legal or any other professional advice, that any crypto asset that any crypto asset available through of our Services is not a value.
11.2. We reserve the right to alter, amend or modify these Terms from time to time, at our sole discretion. We will notify you of such changes by sending an email, providing a notice on the website home page, and/or posting the amended Terms through our website. The modified Terms will be considered effective immediately upon posting on the Website.
- Termination of Terms
12.1. We reserve the right to terminate these Terms and delete your Bluedot Account and registration (including your username and password) in the following cases:
12.2. If for any reason we decide to stop providing the Service by providing at least 3 (three) calendar days notice (to be provided by email);
12.3. If we believe that you have breached any term of these Terms, immediately without notice;
12.4. If we decide to terminate our Services, immediately without notice.
12.5. Bluedot may suspend or terminate your account or use of the Services, or the processing of any cryptographic asset transactions, at any time if it determines, in its sole discretion, that you are accessing the Services from a Restricted Location or are a resident of a sanctioned country .
- Applicable law
13.1. You and Bluedot agree to arbitrate any dispute arising out of these Terms or your use of the Services, except for disputes in which either party seeks equitable and other relief for alleged unlawful use of copyright, trademark , trade names, logos, trade secrets or patents.
13.2. You and Bluedot agree to notify each other in writing of any dispute within thirty (30) days after it arises. Notification to Bluedot will be sent to firstname.lastname@example.org.
13.3. Any dispute, controversy, difference or claim arising out of or in connection with the Terms, including the existence, validity, interpretation, enforcement, breach or termination thereof or any dispute relating to non-contractual obligations arising out of or in connection with it shall be referred to and finally settled by the courts of the Marshall Islands .
13.4. Any dispute between the parties will be governed by these Terms and the laws of the Marshall Islands , without giving effect to any conflict of law principles that may provide for the application of the law of another jurisdiction.
13.5. Whether the dispute is heard in arbitration or in court, you will not bring a class action, class arbitration, or representative action or proceeding against Bluedot.
14.1. These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties with respect to the Services.
14.2. In the event of a conflict between these Terms and any other agreement you may have with Bluedot, the terms of that other agreement will control only if these Terms are specifically identified and declared superseded by such other agreement.
14.3. Our failure or delay in exercising any right, power or privilege under these Terms will not operate as a waiver of the same.
14.4. The invalidity or unenforceability of any of these Terms will not affect the validity or enforceability of any other of these Terms, all of which will remain in full force and effect.
14.5. You may not assign or transfer any of your rights or obligations under these Terms without Bluedot’s prior written consent, including by operation of law or in connection with any change of control. Bluedot may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.