General Terms and Coinditions of BAPP Services


1. Introduction

This document establishes the General Terms and Conditions that regulate the use and access to the services of the BAPP application, whose ownership corresponds to the company BAPP BITCOIN SOLUTIONS CORP hereinafter BAPP, with registered offices at 5830 E 2ND ST, STE. 7000 #1217 CASPER, WY 82609.


2. What do these Terms and Conditions regulate?

These Terms and Conditions of Use regulate the access and use that the User makes within the private area where BAPP offers the service. If the User does not accept the Terms and Conditions of Use of this service, he/she will not be able to access or use it. Access to the BAPP application (including its web and mobile versions), its download and use are subjected to these Terms and Conditions, so in the event that the User has not read and accepted these Terms and Conditions, the user must refrain from accessing and using the Service. In case of doing so, the user expressly accepts these Terms and Conditions that will govern its use. The Terms and Conditions available at any time in the Web App and on the BAPP Website will be considered valid and applicable (www.BAPP.plus). All particular conditions, notices, regulations, legal bases of promotions, or operating instructions that are brought to your attention and that complete the provisions of these Terms and Conditions will also be applicable to users. We recommend that users print or keep a copy of this document for subsequent consultations, although they will be available at all times in the Web App or on the BAPP Website.


As a User, and by reading this document, you know BAPP is an Interface for the Bitcoin Blockchain, so every action you take in MainNet makes changes in the Blockchain. It is important that users test every action and feature of BAPP in Demo System (Testnet) before making the definitive actions in MainNet.


3. Definitions 

These General Terms and Conditions of Use (hereinafter, the "General Terms and Conditions", "The Terms and Conditions", "The Terms" or "The Conditions") regulate the service or services of BAPP, (hereinafter, called "Service”,“Services”, “Precommercial Products”,“Products”or “New version of commercial products” the use of one of these definitions to refer to current and future services and products of BAPP); Terms and Conditions that BAPP offers directly to Users (hereinafter, the "User" or "Users") previously chosen and designated by BAPP.


These Terms, as well as all other documents incorporated on the other services and products that BAPP offers, regulate the conditions governing the use of the Web Application, the Website and the purchase or acquisition of products and / or services therein. Before using the Service, the User must read, understand, and accept the rights and obligations established in these Conditions. The use of the service or Services by the user means:



By using BAPP or by making and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Conditions and by all the aforementioned, so, if the User does not agree with all of this, he / she should not use the BAPP Web Application or the Services offered by BAPP. Likewise, the User acknowledged that these Conditions could be modified at any time by BAPP. BAPP may notify the User via email or telephone, but, ultimately, the User is responsible for consulting them each time they access, browse and / or use the Application or the Website, given that the Conditions that will be applicable will be the ones that are in force at the time of the request for the purchase of products and / or services. For all questions that the User may have in relation to the Conditions, they can contact BAPP using the contact information provided on the web site or App or, where appropriate, send an email to bapp@bapp.plus. These General Terms and Conditions of Use of the BAPP Service complement the Terms and Conditions of Use of each of the BAPP Services. All the General Terms and Conditions and each Service are part of the same legal body and must be accepted by the User before accessing and enjoying the BAPP Services.


4. The Service


4.1. Technical requirements


On the Web and in the BAPP Application where the Services, Precommercial Products and / or the New Versions of Commercial Products and / or the Products and / or Ideas and / or Recommendations are offered at any time, BAPP will publish the minimum technical requirements for the use and, where appropriate, the corresponding installation, if needed. The BAPP application is designed for any web browser available today. The creation of an User at BAPP is free.


4.2. Advantages and Promotions


For the registration of Users in the Service and / or, where appropriate, for the participation of Users in the studies, surveys and / or questionnaires that are carried out and / or made available to them at any time on the Web and in the application, among other purposes, to know their experience after trying the Services, the precommercial Product and / or the new versions of commercial products of the Service; The User may receive certain advantages and / or participate in promotions that may exist at any time, in accordance with the instructions and other requirements that, in each case, they will be informed of.



4.3 Functionalities of the Service


BAPP will provide access to the following features / functionalities:



The regulation of the acquisition of Bitcoins through COINIFY will be detailed later, in the corresponding appendix where the Terms and Conditions of Use of this service are detailed, and will be subjected to a bilateral contract between the User and BAPP. The general terms and conditions of use of these Services provided by BAPP are detailed independently and can be found below.


The Bitcoins that the User has in its WALLET will be deposited in the public Blockchain of Bitcoin.


2. Conditions of access and use of the service


2.1. Registration and operational conditions


2.1.1 Service Access




In any case, the User agrees to make diligent use of TestNet and keep BAPP informed of any error or bug found while using the TestNet environment. BAPP shall not be held responsible for the creation of services not tested before hand in TestNet. In any case, the User will be responsible for the consequences of any kind that correspond to the use of the Service by part of his own actions.



5. Operational Conditions of the Service


Given the operation of the Services offered, the User, when contracting them, is aware that, as specified in the Terms and Conditions of Use of each Service provided by BAPP, it will be subjected to certain conditions and operating limitations of each of the Services.


5.1. Correct use of the Service: Obligations of the User


By using the service, the User agrees to:


5.2. Privacy Policy


This privacy policy has been compiled to better serve those who are concerned with how their 'Personally Identifiable Information' (PII) is being used online. PII, as described in privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.




6. Terms and Conditions


6. 1. Introduction.


These Terms And Conditions (these “Terms” or these “Terms And Conditions”) contained herein on this webpage and BAPP web app, shall govern your use of this website and BAPP, including all pages within this website (collectively referred to herein below as this “Website” and “BAPP”). These Terms apply in full force and effect to your use of this Website and BAPP and by using this Website and BAPP, you expressly accept all Terms And Conditions contained herein in full. You must not use this Website, if you have any objection to any of these Terms And Conditions. This Website and BAPP are not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website and BAPP if you a minor.


6.2. Intellectual Property Rights.


Other than content you own, which you may have opted to include on this Website and BAPP, under these Terms, BAPP and/or its licensors own all rights to the intellectual property and material contained in this Website and BAPP, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website and BAPP.


6.3. Restrictions.


You are expressly and emphatically restricted from all of the following:

  1. selling, sublicensing and/or otherwise commercializing any Website and BAPP material;

  2. using this Website and BAPP in any way that is, or may be, damaging to this Website and BAPP;

  3. using this Website and BAPP in any way that impacts user access to this Website and BAPP;

  4. using this Website and BAPP contrary to applicable laws and regulations, or in a way that causes;

  5. may cause, harm to the Website and BAPP, or to any person or business entity;

  6. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website and BAPP, or while using this Website and BAPP;

Certain areas of this Website and BAPP are restricted from access by you and BAPP may further restrict access by you to any areas of this Website and web app, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website and BAPP are confidential and you must maintain confidentiality of such information.


6.4. Your Content.


In these Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website and BAPP. With respect to Your Content, by displaying it, you grant BAPP a nonexclusive, worldwide, irrevocable, royaltyfree, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be infringing on any third party’s rights. BAPP reserves the right to remove any of Your Content from this Website and BAPP at any time, and for any reason, without notice.


6.5. No warranties.


This Website and BAPP is provided “as is,” with all faults, and BAPP makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website and BAPP. Additionally, nothing contained on this Website and BAPP shall be construed as providing consult or advice to you.


6.6. Limitation of liability.


In no event shall BAPP, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website and web app, whether such liability is under contract, tort or otherwise, and BAPP, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website and BAPP.


6.7. Indemnification.


You hereby indemnify to the fullest extent BAPP from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.


6.8. Consent to communication:


You grant your explicit consent to BAPP’s use of your email for the purpose of provision of any information and sending of any messages and notifications in regard to our contractual relations, including for marketing purposes.


6.9. Severability.


If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.


6.10. Variation of Terms.


BAPP is permitted to revise these Terms at any time as it sees fit, and by using this Website and web app you are expected to review such Terms on a regular basis to ensure you understand all Terms And Conditions governing use of this Website and web app.


6.11. Assignment.


BAPP shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.


6.12. Entire Agreement.


These Terms, including any legal notices and disclaimers contained on this Website and web app, constitute the entire agreement between BAPP and you in relation to your use of this Website and web app, and supersede all prior agreements and understandings with respect to the same.


6.13. Governing Law & Jurisdiction.


These Terms will be governed by and construed in accordance with the laws of the Website and web app Owner’s jurisdiction, and you submit to the nonexclusive jurisdiction of the Website and web app Owner’s jurisdiction for the resolution of any disputes.



7. Virtual Currency Risk Warning


The intention of this Virtual Currency Risk Warning is to inform you on the significant risk of loss involved with transactions of trading or holding virtual currencies, as well as the limitations BAPP (“we”) holds on the liability and indemnity of your actions with our services.


  1. Be aware that trading or holding virtual currencies carries significant risk. All currencies, virtual and fiat, may be subject to large swings in value, and may even lose their value completely. Virtual currencies are still developing, both technologically and financially, and therefore prices are volatile and fluctuate very dramatically within a short span of time. Virtual currencies are susceptible to pricing bubbles or loss of confidence which could lead to a sharp decline in demand, thus leading to a loss in value. This means you stand to either gain or lose your assets at any given moment. Therefore, you understand and accept that losses can and do occur–with the risk of losing your entire investment–when trading or holding virtual currencies.

  2. You should not deal with virtual currencies unless you fully understand the nature of the transactions you are entering into and the extent of your exposure to the risks. You should also consider with caution if the transactions you perform are suitable for you, your personal circumstances and financial position.

  3. Virtual currencies also involve their own unique risks compared to other established currencies on the market. For one, virtual currencies are decentralized and remain unregulated by central governments or other legal entities, nor are they tied to any commodity of value, such as gold. Virtual currencies are built on technology with a trustbased, partially anonymous peertopeer network that still lacks the regulatory measures for protection and it relies on its cryptography for security. This means that by trading and holding virtual currencies, you will not be able to enforce any guarantees or safeguards expected with regulated financial services. Similarly, EU law currently does not offer direct legal protection from losses incurred from failure or disruption of our platform, failure or disruption of our integrated partner platforms, cyberattacks, embezzlement of funds, business failure, asset forfeiture, scams, such as phishing websites, phony support or fake social media pages; nor are will you be granted any guarantees or safeguards for regaining access to your virtual currency accounts or holdings within these circumstances.

  4. BAPP and Coinify does not and will not provide any advice regarding your investments or purchases in relation to your transactions or trading strategy. You are responsible for your decisions made on our platform and we will not make any personal recommendations for your trading activity, or advise on the buying, selling, or overall trading in particular virtual currencies or performance of certain transactions related to our services; nor will we discuss any taxrelated consequences,  reveal the composition of accounts, or any other obligations relating to such transactions of trading and holding virtual currencies. You must use your own careful judgement when deciding to transact with our service, and be completely aware that by doing so, you may incur losses that we are not responsible for.

  5. By entering into a transaction, you understand and accept the risks associated in dealing with an internetbased virtual currency service which include but are not limited to: operational interferences; failure or disruption of hardware, software or internet connection; threat or attack of malicious software; or unauthorized access of information stored on your Trade account or wallet. As with everything on the internet, there is risk that your account or virtual currency wallet can be compromised by persons or organizations for malicious reasons. Depending on your wallet provider of choice, we cannot guarantee the option or possibility of insuring or claiming back any virtual currency funds lost in this manner.

  6. By trading virtual currencies, you understand and accept that you are at risk for not being able to trade or exchange them for fiat currencies for potentially long periods of time due to various reasons–both foreseen and unforeseen, therefore placing you at risk for incurring losses in the meantime.

  7. By utilizing our services, you understand and accept the risks associated with involvement of a virtual currency network, which includes but is not limited to multiple known and unknown vulnerabilities within the network, including regular or irregular changes to the network protocol. Coinify has no control over any virtual currency network and therefore takes no responsibility over any harm caused by the risks these networks hold.

  8. BAPP and Coinify do not take responsibility for loss, claims or damages related to our services which include but may not be limited to: user error (lost passwords, provision of incorrect information, sending virtual currency to the the wrong address), server failure or data loss, corrupted pages on the Coinify platform, corrupted files from your wallet service provider, unauthorized access to our applications, unauthorized third party access and activities (including but not limited to malware, viruses, phishing, and other website attacks).


8. AML / KYC Policy


BAPP will not perform KYC to any of its Users. However, we offer the possibility to Purchase and Sell of Bitcoins, and for this reason, BAPP has partnered with COINIFY as a provider of virtual currency payment processing and exchange Services. Coinify ApS is a Danish company operating out of Copenhagen, Denmark with the company number 35847995. Coinify is registered with the Danish Financial Services Authorities and operates in full compliance with European regulation on Anti Money Laundering (AMLD5) and adheres to the GDPR for the highest standards in data protection.


Coinify is fully committed to conducting due diligence on BAPP’s clients and ensuring that all applicable laws and regulations necessary to forestall and prevent money laundering. These include confirming the identity of BAPP’s sellers and buyers by means of:


  1. Governmentissued photo ID;

  2. Proof of residential or business address;

  3. Corporate documentation;

  4. Business registration information;

  5. Tax Identification Document;

  6. Employer Identification Number;

  7. Any other applicable documentation.

 

Furthermore, COINIFY reserves the right to conduct enhanced due diligence on all clients given worldwide approved riskbased policies. Please note that Coinify reserves the right to refuse a transaction or deny operation on a client or account at any time should suspicion arise that it may be connected to money laundering, criminal activity or any other predicate offense to money laundering. Coinify will not enter into any business arrangement with anyone or group suspected of or directly involved in money laundering, or where funds have been sources or ends of an illegal activity.


In the event that Coinify receives, during its request for documentation, deceptive documentation, contact details, business description or other false information, Coinify will terminate the offending account. Coinify is legally bound to report such misdemeanors to the relevant authorities, and as such the subject, business and its owners may be the subject to a criminal investigation.

Providing false, doctored, or deceptive documents is considered as fraud and will be treated as such. Tax Evasion and Fraud is a predicate offense to money laundering, and therefore, all assets derived from fraudulent transactions or suspicious activity may be seized and forfeited.


8.1. Coinify CounterTerrorism Financing Statement (CTF)


As part of the information that is collected during our verification and AML procedures, Coinify conducts verification through worldwide databases. At the forefront, they will include global sanctions reports and government watch lists and rigorous screening processes. At any time, due to a requirement to satisfy any of the above verification methods, a client, business entity or any of the business entity owners or affiliates may be asked a specific document or piece of information to confirm their identity or provide additional information regarding any transaction, operations or even business dealings with certain individuals, institutions and dealings in geographical locations.


Should a situation arise where the nature of the business, geographical specific regulations or account activity fall in the scope of noncompliance in any applicable law or regulation, Coinify will inform the client, business unit or any of the business owners or affiliates of the event and occurrence. For such instances, preverification and enhanced due diligence will be required prior to regaining active account status. In cases, where compliance is not achieved pursuing remediation measures, Coinify will see fit to terminate the account and may report the event and surroundings to the applicable law enforcement and regulatory authorities.


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