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General Terms & Conditions

Effective Date: June 1, 2025


Operator: Bitkaya B.V., a limited liability company registered under the laws of Curaçao with registration number CRIB number pending registration, having its registered office at Julianaplein 36, Willemstad, Curaçao.


Summary Terms (User-Friendly Overview)

Quick Summary of Key Terms:

  • You own your crypto; Bitkaya is just the platform.
  • We don’t give investment advice.
  • You must verify your identity (KYC).
  • We use security best practices but can’t guarantee absolute protection.
  • Trading is risky — prices can swing wildly.
  • We can suspend your account if you break the rules.


1. Introduction

1.1 Overview: These Terms and Conditions ("Terms") govern your access to and use of the services provided by Bitkaya, a cryptocurrency exchange platform.

1.2 Acceptance: By registering for an account or using Bitkaya's services, you agree to be bound by these Terms, our Privacy Policy, and any other policies referenced herein.

1.3 Eligibility: You must be at least 18 years old and have the legal capacity to enter into a binding agreement.


2. Definitions

  • Account: The user account registered on Bitkaya.
  • Digital Assets: Cryptocurrencies and other digital tokens supported by Bitkaya.
  • Fiat Currency: Government-issued currency recognized as legal tender.
  • Services: The trading, storage, and related services offered by Bitkaya.


3. Account Structure and Hierarchy

3.1 Account Types: Bitkaya offers different account types, including Master Accounts and Sub-Accounts.

3.2 Master Accounts: These are primary accounts with full access to all platform features.

3.3 Sub-Accounts: These are secondary accounts linked to a Master Account, allowing for delegated access and management.

3.4 Account Management: The Master Account holder is responsible for managing Sub-Accounts, including setting permissions and monitoring activities.


4. Priority of Terms and Conflict Resolution

4.1 Hierarchy: In the event of any conflict between these Terms and other policies or agreements, the following order of precedence shall apply:

  1. Specific product or service terms
  2. These General Terms and Conditions
  3. Privacy Policy
  4. Any other policies or guidelines


5. Risk Disclosure

5.1 Market Risks: Trading Digital Assets involves significant risks, including price volatility and potential loss of capital. You acknowledge and accept these risks.

5.2 Regulatory Risks: Changes in laws and regulations may impact the legality and value of Digital Assets.

5.3 Technological Risks: System failures, cyber-attacks, and other technological issues may affect your ability to access or use the Services.

5.4 No Investment Advice: Bitkaya does not provide investment, tax, or legal advice. All decisions made by you are at your own risk.

5.5 Risk Acknowledgment: By using Bitkaya, you confirm that you understand and accept the inherent risks associated with digital asset trading. You will be prompted to actively acknowledge these risks during account registration.


6. User Obligations and Conduct

6.1 Compliance: You agree to comply with all applicable laws, regulations, and these Terms when using Bitkaya's services.

6.2 Prohibited Activities: You shall not engage in any activities that are illegal, fraudulent, or harmful to Bitkaya or other users, including but not limited to:

  • Money laundering
  • Terrorist financing
  • Market manipulation
  • Unauthorized access
  • Use of anonymizing services (e.g., tumblers/mixers) for obfuscating transactions

6.3 Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.


7. Services

7.1 Trading: Bitkaya facilitates the buying and selling of Digital Assets. All trades are subject to market conditions and Bitkaya's trading rules.

7.2 Wallet Services: Bitkaya provides digital wallets for storing supported Digital Assets. Bitkaya employs industry-standard security measures but does not guarantee against all potential security breaches.

7.3 Fiat Transactions: Bitkaya may support the deposit and withdrawal of Fiat Currency through designated payment methods, subject to applicable fees and limits.


8. Custodial Asset Ownership & Segregation

8.1 Ownership: All Digital Assets held in your Bitkaya account remain your property.

8.2 Segregation: Bitkaya maintains separate accounts for user assets and company funds to ensure asset segregation.

8.3 Insurance and Custody: Bitkaya uses a hybrid model of hot and cold wallet storage. While we implement strict operational and security procedures, Digital Assets are not insured by default. Bitkaya may partner with licensed custodians or wallet infrastructure providers.


9. Asset Recovery Policies

9.1 Forks and Airdrops: Bitkaya will evaluate each blockchain fork or airdrop on a case-by-case basis and will communicate its decision to support or not support the resulting assets.

9.2 Unsupported Assets: Bitkaya is not obligated to support any new Digital Assets resulting from forks, airdrops, or other events.


10. Jurisdictional Restrictions and Compliance

10.1 Restricted Jurisdictions: Bitkaya does not offer services to individuals or entities in jurisdictions where such services are prohibited by law.

10.2 Compliance Measures: Users are responsible for ensuring that their use of Bitkaya's services complies with local laws and regulations.

10.3 Licensing and Registration: Bitkaya B.V. is currently not registered as a financial institution in any jurisdiction. We operate in accordance with the legal framework of Curaçao and apply international AML/CFT standards.


11. AML/KYC Obligations

11.1 Verification: Users must complete identity verification procedures as required by Bitkaya's AML and KYC policies.

11.2 Ongoing Compliance: Users agree to provide updated information upon request and to cooperate with any compliance-related inquiries.


12. Tax Compliance

12.1 User Responsibility: Users are solely responsible for determining and fulfilling their tax obligations related to their use of Bitkaya's services.

12.2 Reporting: Bitkaya may provide transaction history and other relevant information to assist users in tax reporting but does not offer tax advice.

12.3 Information Sharing for Tax Purposes: Bitkaya may be obligated under local or international laws to report user transaction data to tax authorities. By using our services, you consent to such disclosures where required.


13. Security Measures

13.1 Platform Security: Bitkaya employs industry-standard security protocols to protect user data and assets.

13.2 User Responsibilities: Users must implement appropriate security measures, including strong passwords and two-factor authentication.

13.3 Business Continuity and Incident Response: Bitkaya maintains internal business continuity and disaster recovery plans. In the event of a security incident or service outage, users will be notified via our website and email. We commit to restoring services within a commercially reasonable timeframe.


14. Limitation of Liability

14.1 No Warranty: Bitkaya provides services "as is" without warranties of any kind.

14.2 Limitation: Bitkaya's liability is limited to the amount of fees paid by the user in the preceding 12 months.


15. Dispute Resolution

15.1 Arbitration: Any disputes, controversies, or claims arising out of or relating to these Terms shall be finally settled by the competent Curaçao court of law.

15.2 Governing Law: These Terms are governed by the laws of Curaçao.


16. User Feedback and Communication

16.1 Support: For customer support, please contact us at support@bitkaya.io or via the chat feature on our platform.

16.2 Complaints: To file a formal complaint, email complaints@bitkaya.io with the subject "Formal Complaint". We will acknowledge your complaint within five (5) business days and aim to resolve it within fifteen (15) business days.


17. Termination Policy

17.1 User Termination: You may terminate your account at any time by following the procedures outlined on our platform.

17.2 Bitkaya Termination: Bitkaya reserves the right to suspend or terminate your account for violations of these Terms or applicable laws.

17.3 Effect of Termination: Upon termination, you must cease all use of the Services, and any remaining balances may be subject to applicable laws and regulations.

17.4 Data and Funds Post-Termination: Upon termination of your account, you will have 30 days to withdraw any remaining balances unless otherwise restricted. You may also request a copy of your transaction history.