Terms of Service

These Terms of Service are between you (referenced herein as “you” or “your”) and CryptoLight OÜ (hereinafter referred to as, “us”, “we”, “our”, “Company”, “CryptoLight OÜ” and “BCBEXCHANGE.COM”). By accessing, using or clicking “I agree” to any of the services made available by us or one of our affiliates through the website (https://www.bcbexchange.com), the API (https://api.bcbexchange.com), our mobile applications, or any other related services provided by us or our affiliates as further described in Section 2 below (collectively, the “Services”) you agree that you have read, understood and accepted all of the terms and conditions contained in this Terms of Service agreement including all of the documents referred to herein including our Privacy Policy here, our Rules of Procedure for the Prevention of Money Laundering and Terrorist Financing, and Compliance with Internal Sanctions (“AML/KYC Policy”) here, our Fee Schedule here, and our Arbitration Agreement here (all documents together collectively known as the “Terms”, or this “Agreement”). Additionally, when using certain features of the Services, you may be subject to additional terms and conditions applicable to such features.

We are an online based Digital Asset Exchange platform for providing services of exchanging Digital Assets against other Digital Assets and Digital Assets against a fiat currency and providing a Digital Asset and EUR wallet service. Customers who have been fully verified can buy, sell and transfer cryptocurrency. Fiat money can be exchanged for cryptocurrency and vice-versa. All transaction and event logs are stored on the platform and servers. The BCBEXCHANGE.COM Service is provided by CryptoLight OÜ (company registered under the law of Estonia under number 14592748) and holds official FIU licenses

Number of licenses FVR000978
Area of activity Providing services of exchanging a virtual currency against a fiat currency

and

Number of licenses FRK000868
Area of activity Providing a virtual currency wallet service.

Both licenses are issued by the Estonian Financial Intelligence Unit (Hereinafter: FIU), which is the Anti Money Laundering authority in Estonia. BCBEXCHANGE.COM has established and follows strict rules for AML and KYC procedure and is fully compliant with Estonian Money Laundering and Terrorist Financing Prevention Act, and obtained licenses on the basis of the full compliance with the rules of the Act.

1. Customer Terms of Service:
These Terms govern the relationship between you, the customer and us. If this Agreement varies from the information on BCBEXCHANGE.COM website, the clauses of this Agreement shall prevail. This Agreement cannot be amended or waived except in writing by an authorized manager in our Company. Customer acknowledges that we may revise this Agreement by posting an amended version on our website or by sending notice of the revised Agreement to Customer by e-mail. Customer’s use of BCBEXCHANGE.COM after such notice constitutes acceptance of the revised Agreement. This agreement contains a Dispute Resolution clause (clause 27) and Arbitration Agreement [here]. By clicking “I agree” it constitutes the “signing of this Agreement” and customer acknowledges that this agreement contains a Dispute Resolution clause and Arbitration Agreement and that Customer has received, read and understood the terms thereof and agrees to the same.

Please refer to our Arbitration Agreement here. Failure of BCBEXCHANGE.COM to enforce any part of these Terms is not a waiver of the remaining Terms. We maintain the right to update these Terms in accordance with the developments of the Service. Further, we reserve the absolute right to deny the Service in whole or in part to any individual or to any organization for any reason we seem fit.

2. Service and Key definitions:
i. "Services" means all products, services, content, features, technologies, dynamics, processes or functions offered by us and includes the BCBEXCHANGE.COM Website.
ii. "Financial Account" means any Financial Account of which customer is the beneficial owner and that is maintained by a third party outside the scope of the Services provided by us, including, but not limited to third-party payment service Accounts or Accounts maintained by third party financial institutions.
iii. "Wallet" means the Digital Asset and EUR wallet in BCBEXCHANGE.COM that is used by Customer to transfer funds in to and out from.
iv. "Funds" means Digital Asset and/or Legal Tender.
v. "Legal Tender" means any national currency, such as Euros, that may be used in connection with a purchase or sale of Digital Assets via the Services and does not include any Digital Asset.
vi. "Account" means a user BBCEXCHANGE.COM Account accessible via the Services.
vii. "Digital Asset" means digital assets like cryptocurrencies, payment units, digital payment solutions that may be purchased, sold or traded via the Services.
viii. "Insufficient Funds" means that if Customer has an insufficient amount of Funds in Customer’s Wallet to complete an order via the Services. We may cancel the entire order or may fulfill a partial order using the amount of Funds currently available in Customer’s wallet, less any fees owed to us in connection with our execution of the trade.
ix. "Force Majeure Events" mean events caused by:
a. any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information;
b. any loss or damage - arising from any event beyond our reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond our reasonable control (each, a "Force Majeure Event").
x. "Website" means any of our websites, apps or API’s connected to other services.


3. Customer Qualification and Verification:
We are a licensed exchange and therefore are under obligation by law to collect Know Your Customer (KYC) documents in compliance with Anti Money Laundering (AML) and Anti-Terrorist Financing (ATF) guidelines. Customer agrees to provide correct and real documents for this process. Any discrepancy in any of these documents may result in rejection of Customer’s application for an account with us or permanent blocking of the Customer’s account. We may also have to report the matter to authorities. With registration of an account with us, you, the Customer, agrees to:

i. Share personal information requested for the purposes of identity verification and address verification and provide documents. A scan of your account is also done using W2 Global Data Limited Software to check any members listed as a Politically Exposed Person (“PEP”) or imposed with sanctions. These systems and this information collected is used specifically for the prevention and detection of money laundering, terrorist financing, fraud and other financial crimes on our platform. We may ask for additional documents dependent on the risk level of the natural or legal holder of the account. You, the Customer, permit us to keep a record of such information for the lifetime of your account plus 5 years beyond account closing.

Customer warrants that his, her or its application is true and complete and will promptly notify us of any change in his / her / its personal information and authorizes us to make any inquiry to verify the information. You, the Customer, must comply with the following criteria in order to use the Service:

3.1 Natural Persons: Customer warrants that Customer:
i. is over 18 years of age;
ii. Is not accused, convicted or subject to any ongoing or pending investigation relating to anti-money laundering, terrorist financing or any other illegal activity involving serious crimes under any jurisdiction;
iii. is under no legal incapacity; and
iv. has sufficient knowledge and experience to understand the nature and risks of the products to be traded.
v. is subject to KYC and AML rules procedures as listed here (link)

3.2 Organizations: Customer and its authorized representatives warrant that Customer:
i. is authorized under its governing law(s) and in the jurisdictions in which it is organized and/or regulated to enter this Agreement and trade;
ii. is not accused, convicted or subject to any ongoing or pending investigation relating to anti-money laundering, terrorist financing or any other illegal activity involving serious crimes under any jurisdiction;
iii. is under no legal incapacity; and
iv. that persons identified to enter orders have proper written authority in a legal format and have sufficient knowledge and experience to understand the nature and risks of the products to be traded.
v. is subject to AML/KYC Policy [here (link)]

3.3 Regulated Persons and Entities:
i. Unless you, the Customer notifies us otherwise, you represent that you are not a broker-dealer; futures commission merchant or affiliate, associated person or employee thereof. You also agree to notify us immediately electronically through the support email if you become employed or associated with a broker-dealer or futures commission merchant.

4. Customer’s Rights and Responsibilities
i. You, the Customer, have the right to enter and use the website and the Services, as long as you agree to and follow this Agreement. By using the Service, the Customer agrees to accept and comply with this Agreement.

ii. The Customer undertakes to read this Agreement, including our Arbitration Agreement here, our Privacy Policy here, our AML/KYC Policy here and our Fee Schedule found here carefully before using our website or any of the Services provided by us.
iii. The Customer undertakes to comply with any and all applicable laws and regulations related to the use of the Services and also undertakes to strictly comply with the local laws and regulations of the jurisdiction he uses the services in. The Customer agrees not to use BCBEXCHANGE.COM Services if the same are prohibited by the local laws and regulations.
iv. The Customer undertakes to monitor all and any changes on his/her BCBEXCHANGE.COM Account, including but not limited to the balance of the Account.
v. The Customer undertakes to immediately (i.e. right after the moment of discovery) inform us about any unusual, suspicious, unclear or abnormal changes on his/her Account. In case of late informing or non-informing, the Customer will be liable for the breach of this Agreement and we will have the right to take any further steps, accordingly, including but not limited to report this breach to the relevant state or national authorities.
vi. The Customer agrees that, whenever a Transaction is made, the Platform sends and receives the monetary sums and/or cryptocurrencies to/from the Buyer’s / Seller’s Accounts opened in their name and on their behalf. We cannot reverse the transaction in case of any mistake made by or on behalf of the Customer.
vii. The Customer undertakes to notify us immediately of any unauthorized use of his/her Account or password, or any other breach of security by email addressed to support@bcbexchange.freshdesk.com. Failure to comply with this rule may result in the Customer being held liable for any losses incurred by us or Customer or any user of the Service.
viii. The Customer undertakes not to use the Service to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, financing terrorist organizations, or malicious hacking.
ix. The Customer is responsible for any and all damages caused, and all liability actions brought against us for Customer’s infringement of any third-party rights or violation of any applicable laws.
x. Nothing in this Agreement excludes or limits the liability of the Customer for fraud, death or personal injury caused by their negligence, breach of the terms implied by operation of law or any other liability which may not be limited or excluded by law.
xi. Customers are solely responsible for determining whether any contemplated Transaction is appropriate for them based on their personal goals, financial status and risk willingness.
Xii. All added payment instruments to Customer’s Account, including but not limited to a bank account, credit card, debit card, or others must be named after the Account holder. Any attempt otherwise will be considered as fraud.

5. BCBEXCHANGE.COM Account:
i. BCBEXCHANGE.COM Account information and security: In order to engage in any trades via the Services, You, the Customer, must create a BCBEXCHANGE.COM Account and provide all requested information.
ii. Responsibility for Customer orders/Trades: You, the Customer, acknowledges that we do not have any means to verify whether the account login using username and password of the Customer is fraudulent or entered into by an unauthorized person. Therefore, You, the Customer agrees to keep its username and password secure, discreet and secret at all times. Customer shall not allow anyone else to access Customer’s Account. Customer is responsible for the confidentiality and use of Customer’s user name and password and agrees to report any theft/loss of such user name/password, or any unauthorized access to Customer’s Account immediately by electronic means through our customer support at support@bcbexchange.freshdesk.com. Customer remains and will be responsible for all transactions entered using Customer’s user name and password.
iii. Number of BCBEXCHANGE.COM Accounts: We may, in our sole discretion, limit the number of BCBEXCHANGE.COM Accounts that Customer may hold, maintain or acquire.
iv. Assignment: Customer may not assign or transfer any of Customer's rights or obligations under these Terms without prior written consent from us, including by operation of law or in connection with any change of control. We may assign or transfer any or all of Customer’s rights under this Agreement, in whole or in part, with 14 days prior notice to the customer.
v. Closing the Account by Customer: Customer may close its BCBEXCHANGE.COM Account upon notice to us electronically through the customer support email at support@bcbexchange.freshdesk.com but only after all positions are closed and all other requirements specified on our website regarding Account closure are fully met.

6. Privacy Policy:
Please refer to our Privacy Policy for information about how we collect, use and share your information. Your use of BCBEXCHANGE.COM Services is subject to your acceptance of the BCBEXCHANGE.COM Privacy Policy. You can find it here (link).

7. AML/KYC Policy:
Please refer to our AML/KYC Policy for information about how we collect, use and share your information. Your use of BCBEXCHANGE.COM Services is subject to acceptance of the BCBEXCHANGE.COM AML/KYC Policy and the process it involves to check our Customers. You can find them here (link).

8. Advice about trading, taxes or investments:
Our representatives are not authorized to provide trading, tax or investment advice or to solicit orders. Nothing on BCBEXCHANGE.COM website is a recommendation or solicitation to buy or sell Digital Assets. BCBEXCHANGE.COM is not responsible for any such information provided to Customer by any BCBEXCHANGE.COM affiliate or any of our officers, directors, owners, employees, associates, or agents.

9. Funding Customer's BCBEXCHANGE.COM Account:
In order to complete an order or trade via the Services, Customer must first load Funds or Digital Assets to Customer's BCBEXCHANGE.COM Wallet using one of the approved External Accounts or direct connected wallet API’s as identified by you in your Account. Please refer to our Privacy Policy for information about how we collect, use and share your information. Using of BCBEXCHANGE.COM Services by you are subject to acceptance of the BCBEXCHANGE.COM Privacy Policy by the customer. You can find them [here (link)].
Customer may be required to verify that Customer controls the External Account that Customer uses to load Funds to Customer's BCBEXCHANGE.COM Account. Customer may be charged fees by the External Account that the Customer uses to fund Customer's BCBEXCHANGE.COM Account. We are not responsible for any External Account fees or for the management and security of any External Account or direct connected wallet API’s. Customer is solely responsible for Customer's use of any External Account and direct connected wallet API’s, and Customer agrees to comply with all terms and conditions applicable to any External Account. The timing associated with a load transaction will depend in part upon the performance of third parties responsible for maintaining the applicable External Account or the direct connected wallet API’s, and BCBEXCHANGE.COM makes no guarantee or otherwise regarding the amount of time it may take to load Funds or Digital Assets into Customer's BCBEXCHANGE.COM Account.

i. Funds held in Customer's BCBEXCHANGE.COM Account: Customer agrees that fiat money held in Customer's BCBEXCHANGE.COM Account is exclusively for the purchase of Digital Assets or withdrawal to Customer's approved External Account. Proceeds from the sale of Digital Assets will be credited to Customer's fiat Account, less any transactional or other fees as stated here in Fee Schedule here. Furthermore, Customer agrees that we do not pay interest on any Fiat balances held in Customer's Account.
ii. Transfer Authorization: When Customer requests that BCBEXCHANGE.COM load Funds or Digital Assets into Customer's BCBEXCHANGE.COM Account from Customer's External Account or request that we transfer Funds to Customer's External Account from Customer's BCBEXCHANGE.COM Account, Customer authorizes us to execute such transaction via the Services.
iii. Rejected Transactions: In some cases, the External Account or direct connected wallet API’s may reject Customer's transactions or may otherwise be unavailable. Customer agrees that Customer will not hold us liable for any damages resulting from such rejected transactions.
iv. Remaining funds after account termination (normal): Once the account is closed/withdrawn, all remaining balance (which includes charges and liabilities owed to us) on the account will be payable at once to Us. Upon payment of all outstanding charges and liabilities to Us (if any), the Customer will have 7 working days to withdraw all funds from the account.
v. Remaining funds after account termination (fraud/breach of this Agreement)): we maintain full custody of the funds and Customer data/information which may be turned over to the authorities in event of account suspension/closure arising from fraud investigations, or investigations relating to the breach of this Agreement, including but not limited to breach of our AML/KYC Policy (eg. trading on BCBEXCHANGE.COM from a sanctioned country), or if so, warranted by the authorities.

10. Orders Expired, Cancelled or Modified:
i. Customer acknowledges that it may not be possible to cancel/modify an order and that Customer is responsible for executions notwithstanding a cancel/modify request. Customer may only cancel an order initiated via the Services if such cancellation occurs before BCBEXCHANGE.COM executes the transaction. Once Customer's order has been executed, Customer cannot change, withdraw or cancel Customer's authorization for BCBEXCHANGE.COM to complete such transaction. If an order has been partially fulfilled, Customer may cancel the unfulfilled remainder unless the order relates to a market trade. We reserve the right to refuse any cancellation request associated with a market order once Customer has submitted such order. All trades are irreversible once initiated. Customers does not have a right to a reversal of a trade. We reserve the right to suspend or freeze any order if there is a breach of this Agreement by the Customer.
ii. Customer understands and agrees that the term of any offer made and listed by the Customer on BCBEXCHANGE.COM shall be 24 hours. The offer shall automatically expire 24 hours after the initial listing if it is not fulfilled within that period. Expired offers will be removed from the listing by BCBEXCHANGE.COM.

11. Order monitoring:
i. Customer agrees to monitor each order until BCBEXCHANGE.COM confirms execution or cancellation. Customer acknowledges that confirmations of executions or cancellations may be delayed or may be erroneous (e.g. due to computer system issues) or may be cancelled/adjusted by an exchange. Customer is bound by the actual order execution, if consistent with Customer's order. If BCBEXCHANGE.COM confirms execution or cancellation in error and Customer delays reporting such error, we reserve the right to remove the trade from the Account or require Customer to accept the trade, at our full sole discretion.
ii. Customer agrees to notify us immediately electronically through customer support support@bcbexchange.freshdesk.com if: a) Customer fails to receive an accurate confirmation of an execution or cancellation; b) Customer receives a confirmation that is different than Customer's order; c) Customer receives a confirmation for an order that Customer did not place; or d) Customer receives an Account statement, confirmation or other information reflecting inaccurate orders, trades, balances, positions, margin status or transaction history. Customer acknowledges that BCBEXCHANGE.COM may adjust Customer's Account to correct any error. Customer agrees to promptly return to BCBEXCHANGE.COM any assets erroneously distributed to Customer.

12. Trade confirmation:
Once the Services execute Customer's trade, a confirmation will be electronically made available via the Services detailing the particulars of the trade. Customer acknowledges and agrees that the failure of the Services to provide such confirmation shall not prejudice or invalidate the terms of such trade.

13. Consent to Electronic Delivery:
Customer agrees and consents to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, "Communications") that we provide in connection with Customer's BCBEXCHANGE.COM Account and/or use of the Services. Customer agrees that we may provide these Communications to Customer by posting them via the Services, by emailing them to Customer at the email address provided by the Customer. Customer should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy. Customer may also contact us through support at support@bcbexchange.freshdesk.com to request additional electronic copies of Communications or, paper copies of Communications for a fee that may be levied by us.

14. Requesting Paper Copies: If, after Customer consents to receive Communications electronically, Customer would like a paper copy of a Communication previously sent to the Customer, Customer may request a copy within 30 days after the date of the Communication by contacting Customer support at support@bcbexchange.freshdesk.com. In order for us to send paper copies to Customer, Customer must have a current and complete physical address on file with us. Please note that we operate exclusively online and any paper copies are subject to a charge on your BCBEXCHANGE.COM Account. Therefore, if Customer requests paper copies, Customer understands and agrees that we will charge Customer a nominal processing fee, for each page of Communication requested and the courier charges.

15. Updating your BCBEXCHANGE.COM Account Information:
It is your, the Customer’s, responsibility to keep Customer's email address and mobile phone number on file with us up to date so that we can communicate with Customer electronically. Customer understands and agrees that if BCBEXCHANGE.COM sends Customer an electronic Communication but Customer does not receive it because Customer's email address or mobile phone number on file is incorrect, out of date, blocked by Customer's service provider, or Customer is otherwise unable to receive electronic Communications, we will be deemed to have provided the Communication to Customer. Please note that if Customer uses a spam filter that blocks or re-routes emails from senders not listed in Customer's email address book, Customer must add BCBEXCHANGE.COM and other traded cryptocurrency domains to Customer's email address book so that Customer will be able to receive the Communications we send to Customer. Customer can update Customer's email address, mobile phone number or street address at any time by logging into Customer's BCBEXCHANGE.COM Account or by sending such information to support at support@bcbexchange.freshdesk.com. If Customer's email address or mobile phone number becomes invalid such that electronic Communications sent to Customer by us are returned or bounce, we may deem Customer's Account to be inactive, and Customer may not be able to complete any transaction via our Services until we receive a valid, working email address or mobile phone number from Customer.

16. Dubious, Suspect or Suspicious Activity:
If we, in our sole discretion, believes that a Customer BCBEXCHANGE.COM Account has been involved in any fraud, crime, violation of laws or regulations or has been accessed unlawfully, or is otherwise involved in any suspicious activity (whether victim or perpetrator or otherwise), BCBEXCHANGE.COM may suspend or freeze the Account or any privileges of the Account. We may freeze or liquidate funds or assets, or may utilize any of the remedies in this Agreement for a "Default". Without limiting the generality of the foregoing, Customer agrees that Customer will not:

i. Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
ii. Use our Services to pay for, support or otherwise engage in any illegal activities; fraud; money-laundering; or terrorist activities; or other illegal activities;
iii. Use any robot, spider, crawler, scraper, scooter or other automated means or interface not provided by us to access the Services or to extract data;
iv. Use or attempt to use another user's Account without authorization;
v. Attempt to circumvent any content filtering techniques we may employ, or attempt to access any service or area of the Services that Customers are not authorized to access;
vi. Develop any third-party applications that interact with our Services without our prior written consent;
vii. Provide false, inaccurate, or misleading information; or
viii. Encourage or induce any third party to engage in any of the activities prohibited under this Section.

17. Anti Hacking Measures:
We employ up to date security measures, as per industry standards to prevent hacking. To prevent hacking and to absolve us of any liability for hacking of accounts beyond our control, the Customer agrees to the following:

i. Customer agrees to make a complex set of passwords for their accounts;
ii. Customer agrees to change the passwords periodically;
iii. Customer agrees to keep their passwords secret and confidential;
iv. Customers agrees to keep their private keys to access connected wallet API’s secret and confidential;
v. Customer agrees to report any suspicious activity to us immediately at support@bcbexchange.freshdesk.com;
vi. Customer agrees to park limited funds in BCBEXCHANGE.COM Account(s) that are needed for trading. Further, Customer agrees not to keep extra funds in BCBEXCHANGE.COM Account(s);
vii. Customer understands that there may be successful hacking attempts despite the security measures taken by BCBEXCHANGE.COM, considering the situation existing in the present digital era. Customer agrees to the usage of BCBEXCHANGE.COM services at Customer’s risk and consequences and agrees not to hold BCBEXCHANGE.COM responsible and to absolve us from any liability for any successful hacking attempt which may result in Customer’s loss of funds. BCBEXCHANGE.COM shall not be responsible for any damages or losses that result from hacking.

18. Account freezing and suspension:
i. BCBEXCHANGE.COM may suspend Customer’s account if Customer is alleged to be in breach of this Agreement or subject to criminal or civil investigations or legal proceedings stemming from or related to fraudulent transactions, money laundering, hacking, or any other illegal activity, for the period of investigations or legal proceedings.
ii. We may permanently block Customer’s account if Customer is found guilty of any fraudulent transactions, money laundering, hacking, violation of any terms or conditions or any other illegal activity.
iii. Customer’s account will be frozen by BCBEXCHANGE.COM if so directed by law or regulatory enforcement authorities.

19. Discontinuance of Service:
We may, in our sole discretion and without liability to Customer, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any or all portion(s) of our Services.

20. Taxes:
It is Customer’s responsibility to determine what, if any, taxes apply to the trades Customer completes via the Services, and it is Customer’s responsibility to report and remit the correct tax to the appropriate tax authority. Customer agrees that BCBEXCHANGE.COM is not responsible for determining whether taxes apply to Customer’s trades or for collecting, reporting, withholding or remitting any taxes arising from any trades.

21. Copyright and Other Intellectual Property Rights:
Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on our website or provided in connection with the Services, including, without limitation, the BCBEXCHANGE.COM logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, " BCBEXCHANGE.COM Materials") are the proprietary property of CryptoLight OÜ or our licensees and are protected by international copyright laws and other intellectual property right laws.

22. Trademarks: "BCBEXCHANGE.COM" the BCBEXCHANGE.COM logo and any other CryptoLight OÜ product or service names, logos or slogans that may appear on our Services are trademarks of CryptoLight OÜ and may not be copied, imitated or used, in whole or in part, without our prior written permission. Customer may not use any trademark, product or service name of CryptoLight OÜ or BCBEXCHANGE.COM without our prior written permission, including without limitation any metatags or other "hidden text" utilizing any trademark, product or service name of CryptoLight OÜ or BCBEXCHANGE.COM. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts are the service mark, trademark and/or trade dress of CryptoLight OÜ or BCBEXCHANGE.COM and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned through our Services are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

23. Trading risks:
Customer acknowledges and agrees that Customer shall access and use the Services at Customer’s own risk. The risk of loss in trading Digital Assets and Legal Tenders can be substantial. Customer should, therefore, carefully consider whether such trading is suitable for Customer in light of Customer’s circumstances and financial resources. Customer should be aware of the following points:
Customer may sustain a total loss of the Funds in Customer’s BCBEXCHANGE.COM Account, and, in some cases, Customer may incur losses beyond such Funds.

24. Disclaimer of Warranties:
Except as expressly provided to the contrary in a writing by us, our Services are provided on an "as is" and "as available" basis. We expressly disclaim and Customer waives all warranties of any kind, whether express or implied including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to our services including but not limited to the information, content and materials contained therein. Customer acknowledges that information which Customer stores or transfers through our services may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes including software failures, protocol changes by third party providers, internet outages, force majeure events or other disasters including third party Distributed Denial of Service (“DDoS”) attacks, scheduled or unscheduled maintenance, or other causes which may be outside our control. Customers are solely responsible for backing up and maintaining duplicate copies of any information Customers store or transfer through our services.

25. Limitation of Liability:
Except as otherwise required by law, in no event shall CryptoLight OÜ’s directors, members, owners, affiliates, employees or agents be liable for any special, indirect or consequential 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 in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use our services or our materials, including without limitation any damages caused by or resulting from reliance by any user on any information obtained from us, or that result from mistakes, 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 a force majeure event, communications failure, theft, destruction or unauthorized access to our records, programs or services.

26. Indemnity:
We have the right, at our sole discretion, to control any indemnity action or proceeding relating to this Agreement and determine whether we or Customer wishes to settle it. Customer agrees to defend, indemnify and hold harmless CryptoLight OÜ (and each of its officers, owners, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation attorneys’ fees, arising out of or relating to:

i. Customer’s use of, or conduct in connection with BCBEXCHANGE.COM Services;
ii. any feedback Customer provides;
iii. Customer’s breach of this Agreement; or
iv. Customer’s breach of any rights of any third party or Customer’s actions resulting in any loss to any third party.
v. Customer’s breach of any laws, regulations or rules.

27. Dispute resolution and applicable law: This Agreement is governed by the laws of The Republic of Estonia. Courts of The Republic of Estonia have exclusive jurisdiction over disputes relating to this Agreement, except when arbitration is provided. IN ALL JUDICIAL ACTIONS, ARBITRATIONS OR DISPUTE RESOLUTION METHODS, THE PARTIES WAIVE ANY RIGHT TO PUNITIVE DAMAGES. Customer agrees that any controversy, dispute, claim, or grievance between customer and CryptoLight OÜ or any of our affiliate or any of the shareholders, officers, directors, employees, associates, or agents on the one hand and Customer or, if applicable, Customer's shareholders, officers, directors employees, associates, or agents on the other hand, arising out of, or relating to, this Agreement, or any Account(s) established hereunder in which digital assets may be traded; any transactions therein; any transactions between BCBEXCHANGE.COM and Customer; any provision of the Customer Agreement or any other agreement between BCBEXCHANGE.COM and Customer; or any breach of such transactions or agreements, shall be resolved first and foremost through negotiations. Should such negotiations fail both parties will refer the matter to arbitration in the Estonian Court of Arbitration in the Chamber of Commerce and Industry. The award of the arbitrator shall be final, and judgment upon the award rendered may be entered in any court, state or federal, having jurisdiction. Please refer to our ARBITRATION AGREEMENT for specific details of the arbitration process. Acceptance of the Arbitration Agreement is a prerequisite for use of the Services.


Tallin 2019-09-01