BITOY Terms of Use

Terms of Use
Introduction
Welcome to Bitoy! Thank you for choosing BITOY Global Ltd and using our website, mobile applications, and online services, collectively referred to as the "Services." By clicking the "I Agree" button or registering a Bitoy account, you agree to be bound by these Terms of Use, including any referenced policies or other terms. If you do not accept these Terms of Use (referred to as the "Terms" below), you will not be granted access to, use, or enjoyment of these Services. If you have any questions about these Terms, please contact us at [Bitoy customer service email].
Bitoy reserves the right to update or modify these Terms at its discretion, with the updated Terms being communicated to you via email or when you log in to use the Services. (And after we publish revised terms, we will update the "Last Updated" date at the top of these terms.) Once you receive such notice, if you continue to use the Services, it means you agree to accept the revised Terms. If you do not agree to the modified Terms, you must stop using the Services.

1. Eligibility
1.1. Account Standards. You represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed for using our Services; (c) you have full eligibility and authorization to enter into this agreement, and doing so will not violate any other agreement you are party to; (d) you are a legitimate user as identified during the initial account registration; (e) you will not use our Services for any illegal or improper activities; (f) if you are prohibited by local laws from using our Services under these Terms, you must stop using our Services.
1.2.BITOY is committed to upholding the standards and complying with the regulations established by the Financial Action Task Force (FATF). In line with these commitments and local laws, we are unable to offer services to certain jurisdictions identified as high-risk or subject to a Call for Action by FATF. As a result, we do not extend our services to China，Turkey，Vietnam，United Arab Emirates，Barbados，Burkina Faso，Bulgaria，Democratic Republic of theCongo，Cameroon，Gibraltar，Haiti，Croatia，Iran，Jamaica，Jordan，Kenya，Korea Democratic Rep，Cayman Islands，Mali，Myanmar，Mozambique，Namibia，Nigeria，Panama，Philippines，Sudan，Senegal，Syria，Tanzania，Uganda，Yemen，South Africa, and any other jurisdictions where we may choose to cease operations in accordance with our discretion.

We are committed to upholding international standards in combating money laundering and terrorist financing. As part of our commitment to global compliance, our services are not available in the aforementioned regions. This list may be updated in accordance with changes in FATF recommendations or other regulatory requirements.

1.3. Use on Behalf of Businesses. Without prior written notice to Bitoy and obtaining prior written approval from Bitoy, you may not use this service on behalf of a corporation or entity. If you use this service on behalf of an entity, (a) you represent and warrant that you are authorized to bind that entity to these Terms, (b) all references to "you" will refer to you and that entity, and that entity agrees to be responsible for you and any other users who access this service on its behalf, including compliance with these Terms.

2. Accounts
2.1. Account Creation. When creating your Bitoy account, you will provide accurate, up-to-date, and complete information. You will (a) keep your Bitoy account information current at all times; (b) not use the password you use for your Bitoy account on any other websites or online services; (c) protect the security of your Bitoy account, including not sharing your login credentials with any third party; (d) be responsible for failing to reset the initial password provided by Bitoy or failing to set up and use the two-factor authentication (2FA) protection provided by us before depositing funds into our service; and (e) promptly notify us if you discover or suspect any unauthorized access or use related to our service or your Bitoy account.
You authorize Bitoy to use and disclose the documents and information you provide during or after the account creation process to verify your identity and for other purposes determined by Bitoy.
2.2. Account Approval. Bitoy reserves the right to disapprove or close any Bitoy account for any reason.
2.3. Multiple Accounts. If you have previously applied for another Bitoy account using the same information, we reserve the right to disapprove the new Bitoy account, and you may need to access and use your previously approved Bitoy account. If you have been previously denied a Bitoy account or have had a Bitoy account closed, you may not be able to reapply for a Bitoy account.
2.4. Identity Verification; Compliance. Bitoy may, at its discretion, require identity verification and other screening procedures for your account or transactions related to your account. As a cryptocurrency financial services business, Bitoy maintains an internal anti-money laundering and know-your-customer compliance program. This program is based on bank secrecy laws, other anti-money laundering laws and regulations, and guidelines issued by the Financial Crime Enforcement Network. The program may be updated from time to time, including procedures used by Bitoy to verify the identity of its customers.

3. Account Security
3.1. Login Credentials. You are solely responsible for setting up, managing, storing, and protecting any passwords, codes, or other authentication mechanisms ("Login Credentials") used to access your Bitoy account (including via any APIs). Bitoy is not responsible for any loss or misuse of customer assets (as defined below) resulting from the leakage or theft of login credentials or the use of any login credentials, including but not limited to login credentials stolen or otherwise obtained from third-party service providers (such as your email provider or password protection software or services).
Bitoy will never ask you to provide your login credentials.
3.2. Two-Factor Authentication (2FA). Bitoy may offer enhanced security measures such as two-factor authentication (2FA) for you to use in protecting access to and use of your Bitoy account. If you enable 2FA for your Bitoy account, you are responsible for ensuring that the access and use of the device or account used for 2FA are secure and accessible only by you. Bitoy will not be liable if the device or account used for 2FA is compromised or controlled by others.

4. Funds and Other Transfers
4.1. Deposit of Fiat Currency and Cryptocurrency. You agree that deposit settlement times may be delayed in connection with Bitoy service provider downtime or interruptions. Deposits of cryptocurrencies (as defined below) will typically be credited to your Bitoy account after the required number of network confirmations for such cryptocurrencies on the blockchain. You agree and understand that in some cases, deposits of cryptocurrencies may be delayed due to downtime, congestion, or interruptions in the cryptocurrency networks. "Cryptocurrency" refers to any digital asset, virtual currency, cryptocurrency, cryptographic token, or other tokenized value supported by the service.
4.2. Withdrawal of Fiat Currency or Cryptocurrency. You can transfer fiat currency and cryptocurrency from your Bitoy account to other accounts or wallets owned by you (collectively referred to as "Customer Assets"). The amount of fiat currency or cryptocurrency (Customer Assets) that you can withdraw, by sending it to a registered external account, will be subject to one of the following restrictions: (a) exceeding the total amount of Customer Assets required for any minimum balance requirements (including necessary requirements to fulfill your outstanding orders created) and any fees payable to Bitoy; or (b) withdrawal limits specified in any policy or notice provided by Bitoy or required by applicable law.
"Registered external account" refers to a bank account, other financial institution account, wallet software, device or service, cryptocurrency address, or similar account or service not hosted or provided by Bitoy.
4.3. Timing. The time required to complete transactions to external accounts depends on the performance of third parties, including the party responsible for maintaining the applicable external account, and Bitoy does not guarantee the time required to complete such transfers.
4.4. Responsibility. You are solely responsible for the use of any external accounts. You agree to comply with all terms and conditions applicable to any external account. You are responsible for any fees associated with any external account transactions or for managing and securing the security of any external account. Bitoy will not be liable or responsible for any default, theft, or loss of any Customer Assets in any external account, regardless of the reason, including situations related to your use of any services or your Bitoy account.
4.5. Rejected Transactions. In some cases, registered external accounts may refuse transactions or may not be available. You agree that Bitoy will not be responsible for such rejected transactions or unavailability.
4.6. Total Account Balance. All fiat currency and cryptocurrency deposited or withdrawn from your Bitoy account is held in a pooled deposit account. In the case of fiat currency, all funds are held in a pooled deposit account provided by financial institutions that serve Bitoy and related services. All cryptocurrencies are held in one or more deposit wallets as determined by Bitoy. The amount of any fiat currency and cryptocurrency in your account will be reflected in the internal general ledger maintained as part of Bitoy's service. The general ledger balance will be recorded and posted based on assessments of deposits, transactions, and fees, as determined by these terms.

5. Transactions
5.1. Orders. You may submit requests to buy or sell cryptocurrencies, or exchange cryptocurrencies for different forms of cryptocurrencies (each referred to as an "Order") using the service, provided you ensure there are sufficient Customer Assets in your Bitoy account. Any orders entered by you and accepted by the service will be placed in one or more order books maintained by Bitoy or on behalf of Bitoy.
5.2. Freezing of Customer Assets. When you place an order, we will temporarily reserve the amount of Customer Assets required to fulfill the order, including associated fees. These assets will be unavailable for any other purpose or transaction through the service until the order is either fulfilled or canceled in accordance with these terms. If the order exceeds your Bitoy account limits, Bitoy reserves the right to cancel all or part of the order and return any Customer Assets related to the canceled order (or part thereof), minus any fees associated with the refund.
5.3. Order Matching. By submitting an order, you authorize Bitoy to match and execute all or part of your order for Customer Assets (minus any applicable fees) on a spot trading basis. Your order may be matched with orders on any order book maintained by Bitoy or on behalf of Bitoy, or may be executed directly by Bitoy or its affiliates.
5.4. Self-Trade Prevention. The service includes mechanisms designed to prevent self-trading to ensure that the same user cannot be both the maker and taker of an order or any part thereof. If your order matches with your own order (self-trade), the order (or applicable part thereof) will be invalidated without incurring fees, and only the remaining portion, if any, will be eligible for fulfillment.
5.5. Settlement. In accordance with these terms, Bitoy will settle transactions (each referred to as a "Trade") executed using the service by adjusting the general ledger balance to reflect the appropriate credit and debit on the corresponding Bitoy account. Although the Customer Assets (and any applicable fees) are used to calculate the credit and debit amounts, the transfer of Customer Assets may not necessarily occur in connection with any transaction, given that Customer Assets are held in pooled accounts and wallets.
5.6. Independent Relationship. You acknowledge and agree that: (a) in any transaction, Bitoy does not act as your broker, intermediary, agent, advisor, or in any fiduciary capacity; and (b) any communication or information provided to you by Bitoy shall not be deemed or construed as advice.

6. Purchase or Sale of Cryptocurrency by Bitoy
6.1. Price; Availability. Bitoy may, at its sole discretion, offer prices on the service at which Bitoy is willing to buy or sell cryptocurrencies, enabling direct purchase and sale of cryptocurrencies through Bitoy. Bitoy also reserves the right to refuse any proposed purchase or sale of any cryptocurrency and may, at any time, discontinue the purchase or sale of any or all cryptocurrencies without prior notice.
6.2. Quotes. Before completing any purchase or sale of a cryptocurrency, the service will display the amount of Customer Assets associated with the proposed transaction and the amount of cryptocurrency or fiat currency that will be credited to your account (minus any applicable fees) (each referred to as a "Quote"). Quotes are provided for informational purposes only and do not constitute an offer by Bitoy to buy or sell the referenced amount at the quoted rate. When you initiate a proposal using the service based on a Quote, the proposal represents the financial terms for the amount you provided to purchase or sell and these terms and conditions, and any additional terms provided with the Quote. Bitoy may, at its discretion, accept or reject your proposal. You agree to comply with any terms and conditions provided with the Quote as well as these terms.
6.3. Payment Methods. You may purchase cryptocurrencies from us using external payment methods accepted through the service. In doing so, you represent and warrant that you are authorized to use the specified payment method. You authorize us or our designated payment processor to collect the full amount of the order from the payment method you specified. If the specified payment method cannot be verified, is invalid, or is otherwise unacceptable, your proposal will be rejected.

7. E-commerce Transactions
If you use our service to engage in the purchase or sale of goods or services, you must be aware that we have no control or responsibility over these transactions, including the quality or legality of the goods or services. You are responsible for ensuring that any information transmitted to third parties (including other users of our service) through our service is accurate and not misleading, and that information related to payments made through our service is also accurate and not misleading.

8. General Terms for Transactions
8.1. Authorization: When you use the service to submit transaction instructions, including buying or selling cryptocurrencies, transferring Customer Assets, or conducting other transactions (referred to as "Transactions" or "Future Transactions"), you authorize Bitoy to execute the transactions immediately in accordance with these instructions and agree to pay any applicable fees. You declare and warrant that the information submitted is accurate and complete and is used for transactions or other related operations.
8.2. Unauthorized and Erroneous Transactions: When you use your credentials for cryptocurrency or USD transactions, we will assume that you have authorized such transactions unless you notify us otherwise. If you believe a transaction is unauthorized or erroneous, you must contact us promptly, either via email at support@bitoy.com (You should regularly check the balances of your fiat and cryptocurrency wallets and your transaction history to ensure timely notification.)
8.3. Revocation: Once you submit an instruction to purchase cryptocurrency, you will be unable to revoke your consent to the purchase. For Future Transactions, you may revoke your consent before the end of the preceding business day.
8.4. Restrictions: We may, at our sole discretion, refuse submitted transactions, set transaction amount limits, or change other terms or restrictions on your use of the service without prior notice.
8.5. Insufficient Customer Assets: If your Customer Assets are insufficient to complete a transaction, we may cancel the entire transaction request or fulfill the transaction request using the currently available Customer Assets in your Bitoy account, minus any fees.
8.6. Cancellation: Once the service processes your transaction request, you will be unable to change, withdraw, or cancel the request.
8.7. No Returns or Refunds: All transactions are final, and we do not accept returns or provide refunds related to completed transactions.
8.8. Cryptocurrency Transfers: Pending confirmation on the applicable cryptocurrency network, cryptocurrency will not be available for any other transactions.
8.9. Errors: Transactions are final, and they will not be reversed unless required by applicable laws or regulations or determined by Bitoy to be revoked due to an error or violation of these terms. For example, a significant discrepancy in transaction prices from market rates may be one of the cases where Bitoy decides to reverse a transaction, but not limited to this. To maintain the security and integrity of the service, Bitoy may also, based on its discretion or as required by law, halt transactions to prevent further errors. If there is a technical error due to Bitoy's intentional misconduct or gross negligence, Bitoy will make reasonable efforts to restore all users' positions to where they would have been if the error had not occurred.
8.10. Unsupported Cryptocurrencies: Transferring unsupported cryptocurrencies to Bitoy may result in the loss, destruction, or non-return of the cryptocurrencies. If Bitoy agrees, at its discretion, to attempt the retrieval of any unsupported cryptocurrencies (which attempts may not be successful), you may be required to pay for such work. Bitoy is not responsible or liable for unsupported cryptocurrencies or any unsupported cryptocurrencies held or transferred to any Bitoy account.
8.11. Blockchain Modifications: In the event of changes to the blockchain structure, such as hard forks or chain splits, whether and how to respond will be determined by Bitoy at its sole discretion.
8.12. Transaction Limits: Bitoy may set limits on the quantity or value of any transaction without additional notice if changes are made.
8.13. Unclaimed Property: If Bitoy is unable to contact you by email or phone, Bitoy may attempt to contact you at the address we have on record. If Bitoy is unable to contact you, applicable law may require Bitoy to report any Customer Assets in your account to the applicable jurisdiction and deliver any such Customer Assets as unclaimed property. Bitoy reserves the right to deduct administrative fees from such unclaimed Customer Assets as allowed by applicable law.
8.14. Prohibited Market Manipulation: You shall not (nor assist any third party) (a) interfere with the free and fair operation of the service or any cryptocurrency market, or (b) engage in activities or intent to create a false or misleading impression of cryptocurrency prices or markets, collectively referred to as "market manipulation." Market manipulation includes, but is not limited to, any activity aimed at deceiving other traders or creating a false impression of increased liquidity or volatility.
8.15. Fraud Prevention: Personal information such as bank account or other financial information should not be sent via email or other insecure electronic communication. If you receive any communication regarding instructions for a transfer, even if it appears to be from Bitoy on your behalf, you should verify the authenticity of the communication before transferring the information or Customer Assets.
8.16. Account Statements and Receipts: You are entitled to receive regular account statements, valuations, and transaction receipts, transaction notes, or other evidence of transactions. These account statements, valuations, and transaction evidence will be provided through the service as part of your Bitoy account information. Bitoy may send periodic emails with links to your account for your convenience in accessing your account and reviewing this information.

9. Fees and Other Payments
9.1. Amount of Fees and Other Payment Obligations: You agree to pay the fees associated with using the service or buying or selling cryptocurrencies and other products or services through the service, as well as any other amounts specified in these terms. The specific amounts will be calculated based on the fee schedule of the service, and the current rates can be viewed at https://Bitoy.FeeRates.com. Fees for directly buying or selling cryptocurrencies will be based on the amount you quote. Fees for other products or services will be calculated based on the current fees published on the service. Bitoy reserves the right to update fees or other charges at its sole discretion. Unless otherwise specified, such changes will be effective immediately upon publication.
9.2. Payment: You authorize Bitoy to deduct the amounts you owe Bitoy from your Bitoy account or from any amounts payable to Bitoy. If your Bitoy account balance is insufficient to cover amounts owed to Bitoy, or if Bitoy is unable or unwilling to deduct amounts from your Bitoy account, you agree to pay any amounts within fifteen (15) days of receiving an invoice or other notice from Bitoy. Amounts not deducted from your Bitoy account shall be paid in U.S. dollars, by check, wire transfer, or other means specified by Bitoy, to the account, address, and entity designated by Bitoy.
9.3. Taxes: You are responsible for determining any taxes that may apply to any transactions or other activities conducted through the service and for reporting and paying the correct taxes to the appropriate tax authorities. If Bitoy determines an obligation to collect sales tax or other taxes, Bitoy may collect such taxes at the time of purchase.

10. Risk Disclosure
You will bear the risks associated with accessing and using the service, which may be updated by Bitoy from time to time. You understand that there is a substantial risk of loss when purchasing, selling, or trading cryptocurrencies through the service. Particularly during periods of high market trading volume, low liquidity, and rapid market fluctuations, the execution prices related to completed transactions may differ from the quotes you initially provided when entering orders through the service. You acknowledge that there are risks associated with trading through the service, including but not limited to the risk of hardware, software, and internet connection failures.

11. Seychelles
Bitoy is committed to building a more fair, efficient, and transparent cryptocurrency trading platform. Bitoy strictly adheres to Seychelles' cryptocurrency legal procedures, and we have established strict AML (Anti-Money Laundering) and CFT (Combating the Financing of Terrorism) policies to ensure that our platform is not used for illegal activities. We conduct customer identity verification and monitor transactions to identify potential suspicious activity. Bitoy is committed to complying with all applicable Seychelles laws and regulations, establishing a positive, legitimate, and transparent digital asset trading ecosystem.

12. Right to Access the Service
Under these terms, you may only access and use the service on an individual basis, unless expressly authorized in writing by Bitoy. You may not use the service on behalf of any business or commercial enterprise. The service, including all text, videos, images, data, software, files, content, and materials used or contained within the service, is owned by Bitoy and its licensors. None of the content in these terms shall be construed as granting you or any third party any patents, trademarks, copyrights, or other proprietary rights, either expressly, by implication, or otherwise.
We reserve the right to modify the service (or any features or functionalities of the service) at any time at our sole discretion, without notice to you and without any obligation or liability to you.

13. Proprietary Rights
Between you and Bitoy, Bitoy owns all rights, title, and interest in Bitoy Materials (as defined below). Unless expressly stated herein, Bitoy does not grant you any rights or licenses and reserves all rights. Bitoy Materials are protected by applicable copyright, trade secret, and other intellectual property laws. You may not, for any reason, copy, reverse engineer, disclose, publish, modify, or distribute any Bitoy Materials or any portion thereof, nor may you use any Bitoy Materials or any portion thereof in any way not expressly authorized in this Agreement or the Bitoy Terms. Without limiting the foregoing, Bitoy Marks, any other Bitoy service names, logos or slogans that appear on the Service, and the look and feel of the Service, including all page headers, custom graphics, button icons, and scripts, are Bitoy's trademarks, service marks, or trade dress and may not be copied, imitated, or used, in whole or in part, without Bitoy's prior written permission. You may not use any meta tags or other hidden text using any Bitoy Marks or other Bitoy Materials without our prior written permission.
Additionally, you may not use, frame, or utilize framing techniques to enclose any Bitoy Marks or Bitoy Materials without our express written consent. "Bitoy Materials" means Bitoy APIs, Bitoy Marks, and the Service, including but not limited to any websites, graphics, text, data, software, applications, programs, code, content, or other information provided through the Service, as well as any chat, email, or other communications content with Bitoy, and any pricing data available through the Service.

14. Third-Party Content
Bitoy may display third-party content, advertisements, links, promotions, logos, and other materials (collectively "Third-Party Content") within the Service. We do not control, endorse, sponsor, or adopt any Third-Party Content or any third party referred to on the Service, and we make no representations or warranties regarding such Third-Party Content, including but not limited to its accuracy or completeness. Your interactions with Third-Party Content and any third party providing Third-Party Content are solely between you and such third party, and Bitoy shall have no responsibility or liability for such interactions or Third-Party Content.

15. User Conduct
While using the Service, you must comply with all applicable laws, and your conduct during the use of the Service is entirely your responsibility. Additionally, you may not:
(a) Use the Service or allow third parties to use the Service for fraud or unlawful activities.
(b) Allow third parties to deposit funds into your Bitoy account.
(c) Engage in harassing, threatening, intimidating, or stalking behavior or any behavior we deem inappropriate.
(d) Disseminate false information about Bitoy or engage in deceptive practices to harm or attempt to harm Bitoy's reputation and credibility.
(e) Use the Service in any manner that may disrupt, interrupt, negatively impact other users, or limit other users' enjoyment of the Service or use the Service in any way that may harm, disable, overload, or interfere with the normal operation of the Service.
(f) Use the Service to steal or attempt to steal assets of another user, Bitoy, or its affiliates.
(g) Reverse engineer any aspect of the Service, or perform acts that may discover the source code of the Service, unless explicitly allowed by applicable law, notwithstanding this limitation.
(h) Violate, infringe upon, or misappropriate any intellectual property rights or other third-party rights or engage in acts of infringement.
(i) Copy (except for standard web page caching), create derivative works from, publicly perform, publicly display, distribute, sell, rent, share, or otherwise commercially exploit all or part of the Service.
(j) Attempt to bypass or circumvent measures to prevent or restrict access to any content, areas, or features on the Service.
(k) Develop any third-party applications that interact with the Service unless allowed through the use of Bitoy APIs and with our prior written consent.
(l) Use any automated means or interfaces not authorized by us, including but not limited to robots, spiders, web crawlers, scripts, browser extensions, offline readers, to access the Service, extract data, or otherwise interfere with or modify the rendering of the Service pages or functionality.
(m) Use the Service in a manner contrary to its intended purpose.
(n) Use the Service for any activity that violates these Terms.

16. User Content
The Service may include features that allow users to create, post, upload, share, or store content in specific areas, including but not limited to photos, videos, sounds, text, graphics, code, items, or other information and materials (collectively "User Content"). You are solely responsible for your User Content and for any interactions with the Service's interactive features and areas. You may not create, post, share, or store User Content that:
(a) Is unlawful, defamatory, libelous, obscene, pornographic, sexually suggestive, harassing, threatening, infringing, invasive of privacy or publicity rights, abusive, incendiary, fraudulent, or otherwise objectionable.
(b) Contains or encourages conduct that would constitute a criminal offense, violate any party's rights (including intellectual property, publicity, or privacy rights), or give rise to liability or violate any local, state, national, or international law.
(c) Contains or depicts statements, comments, or claims that do not reflect your true beliefs and experiences.
(d) Contains personal information of someone identifiable unless you have obtained explicit consent from that individual.
(e) Impersonates or misleadingly implies an affiliation with any person or entity, including Bitoy.
(f) Mentions or portrays Bitoy or our Service without disclosing any substantial affiliations that may exist with us.
(g) Contains any unsolicited promotions, political campaigning, advertising, or solicitations.
(h) Contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content.
(i) In our sole judgment, is offensive or may restrict or inhibit others from using or enjoying the Service or may harm Bitoy or others or expose them to any type of harm or liability.
We do not own, control, or endorse any User Content transmitted, stored, or processed through the Service. We are not responsible for any User Content. Although we are under no obligation to screen, edit, or monitor User Content, we reserve the right at any time and for any reason to remove, filter, or edit User Content posted or stored on the Service and have absolute discretion in this regard. You are responsible for creating backup copies and replacing any User Content you post or store on the Service at your own cost.

17. Rights to User Content
You grant Bitoy a non-exclusive, royalty-free, global, perpetual, irrevocable, transferable, fully sublicensable right to use, copy, create derivative works from, distribute, publicly perform, and publicly display all User Content for any purpose, whether now known or hereafter developed, on the Service, our other online services, third-party websites and online services, and all other media or formats. You represent and warrant that you have all intellectual property rights (or have obtained all necessary rights) required to provide User Content and grant the foregoing license to Bitoy.

18. Electronic Notices
18.1 Consent to Electronic Delivery: You agree to receive all communications, agreements, documents, account statements, receipts, notices, and disclosures (collectively, "Communications") related to this Agreement, your Bitoy account, or any Services electronically. You agree that Bitoy may provide these Communications to you by posting them on the Service, by sending them to you via the email address you provide, by delivering them using the application or other messaging service account you have with us, and/or by sending text messages or SMS messages to your mobile phone number provided by you. Your carrier's normal SMS, data, and other rates and fees may apply to any mobile communications. You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy. You may also request additional electronic copies of Communications by contacting Bitoy via email at info.us@bitoy.com or pay a fee for paper copies of Communications (as described below).
18.2 Hardware and Software Requirements: To access and retain electronic Communications, you will need a computer with an internet connection, a current web browser that has cookies and 128-bit encryption enabled, an email account in our records, and sufficient storage space to save past Communications or an installed printer to print them.
18.3 Withdrawing Consent: You may withdraw your consent to receive electronic Communications by sending a withdrawal notice to info.us@bitoy.com. If you refuse or withdraw your consent to receive electronic Communications, Bitoy may suspend or terminate your use of the Service.
18.4 Requesting Paper Copies: If after you consent to receive electronic Communications, you would like a paper copy of a Communication that Bitoy previously sent to you, you can request a copy within 30 days of the date of the Communication by contacting Bitoy via email at info.us@bitoy.com. To receive paper copies, you must have a current street address in your Bitoy account. Please note that our Service operates solely online, and creating paper copies of electronic Communications can be a cumbersome process, so if you request paper copies, you agree that Bitoy may charge you a processing fee based on Bitoy's fee schedule for each page of Communication.
18.5 Updating Contact Information: You are responsible for keeping your email address and/or mobile phone number on file with Bitoy current so that Bitoy can communicate with you electronically. You understand and agree that if Bitoy sends you an electronic Communication but you do not receive it because your email address or mobile phone number on file is incorrect, out of date, blocked by your service provider, or you are unable to receive electronic Communications, Bitoy will be deemed to have provided the Communication to you. You can update your email address, mobile phone number, or street address at any time by submitting a support request to info.us@bitoy.com.

19. Termination or Suspension
Bitoy may, at its sole discretion and without notice, suspend your Bitoy account and any access or use of the Services (or any portion thereof, such as access to any customer assets held in your Bitoy account) as authorized by law for reasons related to your use of the Services in connection with any actual or suspected illegal or unlawful activities or due to actual or suspected violations of these terms.
You may terminate your Bitoy account and the rights to access and use the Services immediately by sending notice of your intent to terminate to Bitoy via email to (Bitoy's email address).
Bitoy may provide notice of termination and terminate your Bitoy account and access and use of any Services through the Services. In the event of the termination of your Bitoy account, the ability to participate in transactions and other activities may be suspended immediately at Bitoy's sole discretion. Unless prohibited by applicable law or government order, Bitoy will use commercially reasonable efforts to provide you with a period of time to clear any customer assets in your Bitoy account. Any customer assets not cleared during this period will be forfeited by you and may be permanently lost. Following the sending or receipt of a termination notice, you must immediately pay all amounts due to Bitoy under these terms.

20. Feedback
You may submit questions, comments, suggestions, creative materials, or other information about Bitoy or the Services through our contact page (Bitoy Help Center URL). Please note that feedback is non-confidential and will become the sole property of Bitoy. In this regard, Bitoy will have exclusive rights, including but not limited to all intellectual property rights, to freely use and disseminate feedback for any commercial or other purposes without providing acknowledgment or compensation to you.

21. Indemnification
To the fullest extent permitted by applicable law, you shall indemnify and hold Bitoy and its affiliates, employees, officers, directors, contractors, consultants, equity holders, suppliers, service providers, affiliates, agents, representatives, predecessors, successors, and assigns (collectively, the "Bitoy Parties") harmless from all claims, damages, expenses, and costs (including attorneys' fees) arising out of or resulting from your access or use of our Services (including any promotions you participate in), your User Content, any feedback you provide, or your breach of these terms.

22. Disclaimer
To the maximum extent permitted by applicable law:
(A) The Services are provided on an "as is" and "as available" basis, with all faults, and Bitoy expressly disclaims all warranties, whether express or implied, with respect to the Services, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement; and
(B) Bitoy does not warrant or represent that the Services will be accurate, complete, reliable, current, error-free, meet your requirements, or that defects in the Services will be corrected.

23. Limitation of Liability
To the fullest extent permitted by applicable law:
(A) Neither Bitoy nor any Bitoy Party shall be liable for any indirect, special, incidental, or consequential damages (including damages for lost revenue, profits, or data) arising out of or related to the use of the Services or these terms, whether based on contract, tort (including but not limited to ordinary negligence, whether active, passive, or imputed), or any other legal or equitable theory, even if the parties have been advised of the possibility of such damages; and(B) In no event shall the cumulative liability of Bitoy and the Bitoy Parties (jointly) for any claims arising out of or related to these terms, whether based on contract, warranty, tort (including negligence, whether active, passive, or imputed), or any other legal or equitable theory, exceed the higher of the fees you paid to us or $100.
This limitation shall not limit or exclude liability for gross negligence, fraud, or intentional misconduct of Bitoy or other Bitoy Parties.

24. Release
To the fullest extent permitted by applicable law, you release Bitoy and other Bitoy Parties from any and all liability, claims, demands, and/or damages (actual and consequential) arising out of or in any way connected with disputes between users or the actions or omissions of third parties, including but not limited to claims of negligence.

25. Dispute Resolution; Arbitration
Please read this section carefully as it requires you to arbitrate certain disputes and limits the manner in which you can seek relief from us.
25.1. Mandatory Arbitration. You and Bitoy agree that any dispute, claim, lawsuit, action, cause of action, demand, or proceeding ("Dispute") arising out of or related to these terms or the Services shall be resolved through binding arbitration, and you and Bitoy hereby waive any right to have such Dispute adjudicated in court, and (b) waive any right to a trial by jury.
25.2. No Class Arbitration, Class Action, or Representative Action. Any Dispute related to these terms or the Services is personal to you and Bitoy and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempt to resolve a Dispute as a representative of another individual or group of individuals. Moreover, a Dispute cannot be brought as a class or other type of representative action, whether inside or outside of arbitration, or on behalf of other individuals or groups of individuals.
25.3. Notice; Informal Dispute Resolution. Each party will notify the other of any Dispute that is eligible for arbitration or small claims court resolution and will attempt in good faith to resolve such Dispute informally within thirty (30) days of when it first arises. Notice to Bitoy will be sent by email to Bitoy's compliance.us@bitoy.com. Notice to you will be sent by email to the current email address listed in your account profile. Your notice must include (a) your name, postal address, email address, and telephone number, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief sought. If you and Bitoy cannot agree on how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then you or Bitoy may, as appropriate and in accordance with this section 27, commence an arbitration proceeding or file a claim in court.
25.4. Powers of the Arbitrator. Except as limited by the FAA, these terms, and applicable AAA rules, the arbitrator will have exclusive authority and jurisdiction to make all procedural and substantive decisions concerning the Dispute, including whether the Dispute is arbitrable, and the authority to grant any relief available in court; however, the arbitrator does not have the authority to conduct class arbitration or representative actions, which are prohibited by these terms. The arbitrator can only conduct individual arbitration and may not consolidate more than one person's claims or preside over any type of class or representative proceeding.
25.5. AAA Rules. By agreeing to be bound by these terms, you either (a) acknowledge and agree that you have read and understand the AAA rules, or (b) waive the opportunity to read the AAA rules and any claim that the AAA rules are unfair or should not apply for any reason.

26. Electronic Privacy Policy Notice
Bitoy values your privacy and encourages all customers to familiarize themselves with our Privacy Policy in addition to these Terms. We may change our Privacy Policy from time to time. Notice of any changes to our Privacy Policy will be provided at least annually as required by applicable law. If we make changes, we will modify the date at the top of this policy, and in some cases, we may provide additional notice (such as by adding a statement to our homepage or by sending you an email notification). By agreeing to these Terms, any information or data you provide, or that we collect from you, will be subject to the Privacy Policy, and you hereby consent to the storage, transfer, disclosure, use, and processing of your data and information in accordance with the Privacy Policy.

27. General Terms
27.1. Severability. If any term, clause, or provision of these Terms is deemed invalid or unenforceable, such term, clause, or provision will be severed from these Terms and will not affect the validity or enforceability of any remaining portion of such term, clause, or provision, or any other term, clause, or provision of these Terms.
27.2. Survival. All terms listed herein will be binding and continue to be effective after the termination or expiration of your relationship with Bitoy.
27.3. Force Majeure. Under these Terms, we will not be liable for any delay or failure to perform caused by circumstances beyond our control, including but not limited to interruptions in the cryptocurrency markets, floods, extreme weather conditions, earthquakes or other acts of God, fires, wars, riots, civil disturbances, labor disputes, accidents, government actions, power failures, or equipment or software malfunctions.
27.4. Entire Agreement. These Terms constitute the complete agreement between you and Bitoy regarding your access to and use of our Services.

BITOY Team