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BATBANK Terms of Use

Last Updated: ../.. /2024

Thank you for visiting and wanting to use BATBANK.com. In order to make the best use of the BATBANK Platform, please read these Terms of Use carefully and if you have any questions, please contact help@batbank.com.

1. Table Of Content

1.1. The table of contents of these Terms of Use shall be as follows:

  1. Table Of Content
  2. General Provisions
  3. Terms of Use Definitions
  4. BATBANK Binding Contract
  5. Eligibility in our Platform
  6. Creating an Account
  7. Identity Verification Process
  8. Due Diligence at BATBANK
  9. Account Security
  10. Use of The Services
  11. Using the BATBANK Platform
  12. Withdrawal on the BATBANK Platform
  13. Fees of BATBANK
  14. Risk Disclosure
  15. No Financial Advice
  16. BATBANK Intellectual Properties
  17. Limitation on Liabilities
  18. Indemnity
  19. Termination / Suspension of Your Account
  20. In the Events of Force Majeure
  21. Indemnification at BATBANK
  22. Dispute Resolution
  23. Our Privacy Policy
  24. Other Important Terms of BATBANK Platform
  25. Feedback

2. General Provisions

2.1. This Term of Use ("Terms") governs your use and access to our website(s), our application(s), our application programming interface(s) (API(s)), our notifications and any information or content appearing therein (collectively known as our "Platform").

This Terms is between BATBANK Limited ("we", "our" or "BATBANK") and you ("User" or "Your").

Please read this Terms, our Privacy Policy and any of the document that addressed in this document. Here you can see below why BATBANK Terms of Use is important because it outlines:

  • It allows you to review and learn your legal rights;
  • Describes every policy and Platform rules you must follow in order to keep using our services;
  • Explains BATBANK services and their area of uses.

2.3. We may amend or modify our terms from time to time at our sole discretion on our Platform, on our social media platforms or through the means of communication you have provided to us. By continuing to use Platform after the changes come into effect, you agree to be bound by the revised Terms.

Thereof, you waive any right to have specific notice of such changes or amendments. If you do not agree with our amendments or modifications, it’s your sole responsibility to terminate your use of our services and close your account. For any questions that may arise from our Platform, product(s), service(s) or this Terms, you can contact our customer support at help@batbank.com.

2.6. By agreeing to our Terms, you acknowledge that you’ve read, understand and accept these terms. Thereof, if you don’t agree with our Terms, you may not access and are prohibited from accessing and using our service(s), website(s), application(s) and API(s) or any other aspect of our company.

2.7. By the nature of Multi-Currency technology, buying, selling and holding on to multi-currency assets faces high market risk. Because of this, price of multi-currency assets may experience small or large losses. BATBANK is not responsible for any loss that you may face from price changes and fluctuations when you buy, sell or hold multi-currency assets on our Platform.

2.8. Beside Terms, your use of the BATBANK services is subject to additional documents such as:

  • Privacy Policy
  • Cookie Policy
  • Trading Rules
  • Clarification Text
  • Explicit Consent Text

3. Terms of Use Definitions

3.1. In addition to our Terms, the following explanations are also used in the Privacy Policy, and Cookie Policy. By agreeing to these terms and definitions, you warrant that BATBANK has accurately described these definitions and that BATBANK is not responsible for any problems that may arise from misunderstanding them. The definitions used in the BATBANK Terms of Use are as follows:

  • Platform or BATBANK Platform: Our website(s), our application(s), our application programming interface(s) (API(s)), our notifications and any information or content appearing therein.
  • Order: Any instruction from a user on the BATBANK Platform to ‘deposit’, ‘withdraw’, ‘swap’, ‘internal transfer’, ‘escrow’, ‘NFT’ in relation to products or services available on the Platform.
  • Multi-Currency Asset: Multi-currency, FIATs, virtual currencies, virtual commodity , Non-fungible Tokens, digital tokens or virtual financial assets.
  • Affiliate: Relation to BATBANK or you means a direct or indirect subsidiary of you or BATBANK Limited, and any other subsidiary of that holding company.
  • Cash: The money or currency of any country or jurisdiction that is designated as a legal tender and circulated, used and accepted as a medium of exchange in the country or jurisdiction of issuance.
  • Products or Services: Any services that may be provided by BATBANK via the BATBANK Platform at any given time.
  • Restricted Jurisdictions: All jurisdictions listed in Section 5, and any jurisdiction referred to in these Terms.
  • User: Any person or entity that has registered on the BATBANK Platform by accepting the Terms of Use implemented by BATBANK.
  • Wallet or BATBANK Wallet: A software application (or other mechanism) on the BATBANK Platform that provides a means for holding, storing and transferring digital assets, including users digital assets address and digital assets balance.

4. BATBANK Binding Contract

4.1. These Terms documents forms a binding contract between BATBANK and you. Thereof, we strongly advise you to read these Terms. By accessing BATBANK website(s), application(s), or API(s), you acknowledge that you have read, understand and consent to these terms. If you do not agree with our Terms, you may not access, and are prohibited from accessing and using our service(s), website(s), application(s) and API(s) or any other aspect of our company.

5. Eligibility in our Platform

5.1. In order for you to be eligible to use BATBANK Platform and Services that provided, you must bear the following criteria.

  • If you are an individual, you must possess full legal capacity and be at least 18 years of age.
  • Your ability to take legal action must not be restricted for any reason.
  • By utilizing the BATBANK Platform on behalf of a legal entity or organization, you affirm that you have the requisite capacity and authority to consent to these Terms of Use (including our Privacy Policy, Cookies Notice, and other referenced documents) on behalf of that entity. All necessary legal documents must be sent to BATBANK. BATBANK is not responsible for any losses that may occur if these documents are not sent, incomplete or incorrectly sent. In case of forgery of official and private documents, BATBANK reserves all legal rights and is obliged to report the situation to the government authorities.
  • Not being blocked from accessing our Platform due to their previous behavior on the Platform.

Accessing or using our Platform or Services is prohibited if you are located, incorporated, established in, operating from, or a resident of:

  • - Botswana
  • - Bosnia and Herzegovina
  • - Burundi
  • - Central African Republic
  • - Crimea
  • - Cuba
  • - Democratic Republic of Congo
  • - Egypt
  • - Eritrea
  • - Ghana
  • - Guinea
  • - Guinea-Bissau
  • - Haiti
  • - Iran
  • - Libya
  • - Mali
  • - Myanmar
  • - North Korea
  • - Panama
  • - Sevastopol
  • - Somalia
  • - South Sudan
  • - Sudan
  • - Syria
  • - Trinidad and Tobago
  • - Tunisia
  • - Venezuela
  • - Yemen
  • - Zimbabwe

5.2. BATBANK neither has the obligation nor the capacity to ascertain your eligibility to access the Platform, and consequently, assumes no liability for your use of the Platform. By consenting to these Terms, you acknowledge and accept this condition, thereby releasing BATBANK from any and all associated liabilities.

5.3. BATBANK reserves the right, at its sole discretion, to select the jurisdictions where its Platform and Services will be available and may implement controls to restrict access to the Platform and Services in any of the Restricted Jurisdictions. In the event that BATBANK decides to restrict access to any jurisdictions it currently services, you will be provided with advance notice to liquidate multi-currency assets and transfer before your account is suspended.

5.4. In the event that BATBANK determines you are accessing our Platform or Services from any Restricted Jurisdiction that mentioned in these Terms or have provided false representations regarding your location of incorporation, establishment, or place of residence, BATBANK reserves the right to terminate your Account immediately and liquidate any multi-currency assets.

5.5. In the event that you travel to any Restricted Jurisdictions, our Platform may not be available, and you may not be able to access or use our financial services. You agree not to attempt to circumvent any such restriction, including using any virtual private network (VPN) to modify your internet protocol address. In the event of such a situation, BATBANK will not be responsible for any loss of rights you may experience. By agreeing to these Terms of Use, you do so at your own risk and release BATBANK from any and all liability.

5.6. You agree that you have fulfilled, and will continue to fulfill, all of your covenants, agreements, obligations, and undertakings as outlined in these Terms.

5.7. You agree that all of your representations and warranties, as specified in these Terms, are and will remain true, accurate, and complete at all times. It is your responsibility to ensure that this information is accurate and up-to-date. BATBANK accepts no liability for any damages that may arise from incomplete, inaccurate or not updated information. The responsibility in this matter lies entirely with the user and this responsibility cannot be transferred to any other person or any legal entity.

5.8. The list of Restricted States is subject to change at any time. If a state becomes a Restricted State, BATBANK will notify users residing in that state via email, a notification on the Website, or other appropriate means regarding their access to the Services. This notification may be subject to a delay caused by everyday life. These delays do not make BATBANK liable for any losses that may occur. BATBANK accepts that it is obliged to notify its users as soon as possible in this regard and always takes the necessary measures.

6. Creating an Account

6.1. To use our Platform, you must sign up by creating an account (“Account”). When creating your Account, you agree to provide truthful, accurate, and up-to-date information about yourself, including your real name and email address, and to accept these Terms of Use and Privacy Policy for the processing and retention of your personal information. All accounts to be registered can only belong to a single user. In the event that an account is found to be used by more than one user, BATBANK is authorized to take all preventive actions. BATBANK is not responsible for any losses that may occur in the meantime.

6.2. You agree to provide personal information and identity documentation that we may request for yourself and the entities you represent for the purposes of identity verification under our anti-money laundering (AML) program. This program is designed to detect and prevent money laundering, terrorist financing, bribery, corruption, fraud, and the use of proceeds from crime. You warrant that the information you provide is truthful and accurate and that the documents submitted are genuine and not fraudulent.

6.3. If you fail to provide the requested information and/or documents despite repeated reminders, or if you provide false information or counterfeit identity documents, or create multiple accounts using the same ID, BATBANK reserves the right to suspend your Account at BATBANK’s sole discretion.

6.4. By signing up to use our Platform, you are granted a personal, worldwide (excluding Restricted Jurisdictions), royalty-free, non-assignable, non-transferable, non-sublicensable, non-exclusive, and revocable license to access and use the BATBANK Platform, including any third-party software or applications integrated into our services. This license is solely for the purpose of enabling you to use and benefit from our Platform as provided by us and in accordance with our Terms of Use.

6.5. This license to use our Platform will be terminated if you fail to comply with these Terms of Use or any other additional terms or conditions imposed by us. BATBANK reserves the right to change these Terms and other documents at any time in accordance with internal policies and legal requirements. Changes and updates to be made within this framework will be notified to the users – through the contact information provided by user, our Services website(s) and application(s) – as soon as possible. In the event that notifications are delayed due to circumstances arising from the ordinary course of life, BATBANK will not be held responsible for any losses that may occur. In order to protect its users, BATBANK recognizes the importance of notification and takes the necessary steps in this regard.

7. Identity Verification Process

7.1. You will need to comply with our identity verification procedures before you are permitted to open a BATBANK Account and access and use the BATBANK Services, whether independently or through a third-party service, by providing us with certain information about yourself and, where relevant, all of your Permitted Users. All information that you provide must be complete, accurate, and truthful. You must update this information whenever it changes. These updates must be done in a timely manner and reported to us. The User is responsible for any damages resulting from failure to comply. BATBANK shall not be held liable for any damages that may arise in this regard.

7.2. You further authorize us to conduct inquiries, either directly or through third parties, as deemed necessary to verify your identity and to safeguard you, us, and the financial system against financial crimes. By consenting to these Terms, you authorize us to do so and BATBANK may carry out the necessary investigations without asking for your consent again. Additionally, we may provide the required information to relevant authorities upon official request without seeking your further approval.

8. Due Diligence at BATBANK

8.1. We may also require you to comply with our enhanced due diligence procedures by submitting additional information about yourself, your business, or your Permitted Users, providing additional records or documentation, or having face-to-face meeting with representatives of BATBANK.

8.2. These requests are to better protect your account and the Digital Sects you own, and to enable us to take the necessary actions. As BATBANK, we declare that the data we collect within the scope of our due diligence activities will only be used for this purpose.

9. Account Security

9.1. You agree to keep your password secure and confidential. If you suspect that your username or password has been compromised or disclosed to others, it is solely your responsibility to change your password immediately and to notify us without any delay. BATBANK shall have absolutely no liability for any losses that may result from failure to report this in a timely manner. Users should notify BATBANK as soon as possible about all issues related to the security of their accounts, which will prevent any losses that may occur.

9.2. Your Account is intended for your exclusive use and may not be used by any other individual. BATBANK reserves the right to suspend or terminate accounts that are used by individuals other than the person under whose name the account is registered. If we detect that an account is being shared by multiple users, unless authorized in the case of business accounts, we may consider this a security breach and may suspend or terminate your Account. (See Article 6.1.)

9.3. You shall be responsible for all actions or activities conducted through or under your Account, unless you report misuse. We shall not be liable for any loss or damage resulting from unauthorized access to your Account due to failure to comply with these precautions or any violation of these Terms of Use or our Privacy Policy. The responsibility in this regard lies entirely with the users of our Platform.

9.4. We will never ask for your password, nor will we request that you transmit any Digital Assets to ANY addresses on the Platform. We shall not be responsible for any losses resulting from the transmission of funds, Digital Assets, or Digital Asset addresses. Please share any e- mail, message, call or communication attempt containing a request related to the above-mentioned issues with us as soon as possible without taking any action on our Platform. We strongly recommend that you act carefully in these matters and do not take any action without consulting us. We remind you that BATBANK assumes no liability whatsoever for the fulfillment of these requests.

10. Use of The Services

10.1. As part of these Terms of Use, you agree not to misuse the Platform or assist others in doing so. Specifically, you agree not to:

  • Use the Platform for unlawful or unauthorized purposes.
  • Re-sell or attempt to commercially benefit from any data, content, or information available on the Platform.
  • Probe, scan, or test the vulnerability of any system or network.
  • Breach or circumvent any security or authentication measures or service use limits.
  • Access, tamper with, or use non-public areas or parts of the Platform.
  • Interfere with or disrupt any user, host, or network by sending malicious material, overloading, flooding, spamming, or mail-bombing any part of the Platform, or scripting content creation in a manner that interferes with or burdens the Platform.
  • Reverse engineer, decompile, disassemble, decipher, or attempt to derive the source code for the Platform or any related technology that is not open source.
  • Access, search, or create accounts for the Platform by any means other than our publicly supported interfaces (e.g., “scraping” or creating accounts in bulk).
  • Send unsolicited communications, promotions, advertisements, or spam.
  • Forge any TCP/IP packet header or any part of the header information in any email.
  • Send altered, deceptive, or false source-identifying information, including “spoofing” or “phishing.”
  • Conduct surveys, contests, or pyramid schemes, or promote or advertise products or services without appropriate authorization.
  • Abuse referrals or promotions.
  • Engage in malicious trading activities, market manipulation, wash trades, or other forms of market manipulation.
  • Post, publish, upload, display, distribute, or share materials that are unlawful, inappropriate, profane, pornographic, obscene, indecent, libelous, defamatory, abusive, or knowingly false, and/or that infringe intellectual property rights.
  • Violate the letter or spirit of these Terms of Use.
  • Violate applicable laws or regulations in any way.
  • Violate the privacy or infringe the rights of others.

10.2. We reserve the right to limit your use of our Platform and Services, including the right to restrict, suspend, or terminate your account and impose administrative penalties at our sole discretion if we believe you are in breach of these Terms of Use or are misusing our Platform or services.

10.3. You are personally liable for all financial, legal and other losses you may incur as a result of engaging in the above activities. You are not entitled to claim compensation for such losses from BATBANK. BATBANK is not and shall not be liable in this respect.

10.4. We will make every effort to ensure that our Platform is available at all times; however, we do not guarantee that its operation or access will be uninterrupted or continuous. The Platform may be interrupted for maintenance, repairs, upgrades, or due to network or equipment failures beyond our control. While we will strive to minimize downtime, especially during peak hours, we accept no liability for any losses or other damages resulting from the unavailability of the Services or any part thereof at any time or for any duration. Additionally, we do not represent, warrant, or guarantee that our Platform will be free from bugs, viruses or harmful components BEYOND OUR CONTROL. Updates, repairs or improvements within this scope will be communicated to Users through various channels. Such notifications may be made through the websites or applications or alternatively through the personal access information provided by users to BATBANK.

10.5. We may periodically improve, change, modify, or discontinue any of the products or services offered on the Platform, or add or remove functionalities or features. We may also suspend or terminate certain services, functionalities, or features altogether. If we discontinue any products, services, functionalities, or features, we will provide you with advance notice where reasonably possible.

10.6. You are responsible for configuring the necessary hardware devices, software, information technology, computer programs, and systems required to access our Platform and services. You bear sole liability for the integrity and proper storage of any data associated with the Services that is maintained on your own hardware. You must take appropriate measures to protect your hardware and data from viruses, malicious software, and any inappropriate material. BATBANK will not be liable for any failure, damage, or destruction of your hardware, or for any corruption or loss of records or data stored on your hardware for any reason. It’s entirely the User’s responsibility to take the necessary precautions in this regard.

10.7. You shall also be responsible for your use of the internet to access the Platform and Services, including any technical problems, system failures, malfunctions, communication line failures, high internet traffic, or related issues, security breaches, or similar technical problems or defects that may occur. Additionally, you are responsible for any fees incurred to connect to the internet for the purpose of using or accessing our Services. BATBANK shall have no responsibility regarding these matters. Therefore, BATBANK accepts no liability for any damages caused by the user’s own actions or sources.

10.8. You acknowledge and agree that using mobile technology, such as the BATBANK mobile application, involves inherent risks. BATBANK shall not be liable for any circumstances related to your use of our mobile application where you experience delays in price quotations or an inability to trade due to network transmission problems or other issues beyond our direct control, such as weak signal strength, cellular latency, or issues with internet service providers, phone service providers, or any other service providers.

11. Using the BATBANK Platform

11.1. After creating your BATBANK Account, you may deposit Digital Assets into your BATBANK Account or BATBANK Wallet at a specified address provided by us. Once the Digital Assets are deposited into your Account, you may begin using the services available on the BATBANK Platform. You may only deposit Digital Assets that are supported by the BATBANK Platform. BATBANK reserves the right to list or remove Digital Assets at its sole discretion. BATBANK shall not be held liable for any damages that may arise in this regard.

11.2. You represent and warrant that you are, and shall remain at all times, the ultimate and effective legal and beneficial owner of any Digital Assets held by you in your BATBANK Account. And you guarantee that you will promptly inform us if this situation changes.

11.3. BATBANK may, from time to time, announce marketing promotions subject to specific Terms and Conditions that will be published in relation to such promotions. Users may be eligible to participate in these promotions and receive bonuses in Digital Assets, which may be deposited into a User’s BATBANK Wallet.

BATBANK reserves the right to modify, extend, terminate, and/or cancel such promotions or amend the Terms and Conditions related to them at any time at its sole discretion and without prior notice. In the event of any malicious trading activities, market manipulation, wash trades, or manipulation in account opening detected in relation to a User Account, BATBANK reserves the right to declare such Users ineligible to receive benefits or to withdraw or deduct any bonuses or incentives already credited to the User’s BATBANK Account. BATBANK’s decisions regarding any disputes raised by Users shall be final.

11.4. You agree that you are only entitled to legal ownership of the Digital Assets balances deposited by you, as well as any increases in Digital Assets resulting from trading activity and legitimate bonuses and incentives credited by BATBANK as part of marketing programs on the BATBANK Platform. In the event of any erroneous deposits into your BATBANK Account, whether due to human or system error, BATBANK reserves the right to claw back, withdraw, or deduct such erroneous deposits. You agree to cooperate with BATBANK in relation to such withdrawals or deductions.

11.5. BATBANK is under no obligation to accept, match or execute any transaction between you and another user. We reserve the right to cancel any transaction made on the BATBANK Platform. BATBANK shall have no responsibility for any damages arising from such transactions. By explicitly consenting to these Terms, you acknowledge and accept that you are aware of this situation and agree.

11.6. You acknowledge that Instructions and Information transmitted on the Platform or by email are generally sent via internet and may be routed through public, transnational –international installations that are not specifically protected. We cannot guarantee or make any claims that the Instructions and Information transmitted will be completely secure from unauthorized access, and you accept the associated risks. BATBANK disclaims all liability in these matters.

11.7. Subject to these Terms and any applicable Product Terms, and provided that you have sufficient balance in your BATBANK Account and the relevant Digital Assets are not on hold in connection with any BATBANK Service, you may issue Instructions to BATBANK to transfer Digital Assets to an external wallet address by submitting a withdrawal request on the Platform. Upon receipt of the withdrawal request, BATBANK will:

  • Deduct the requested amount from your BATBANK Account balance;
  • Initiate an on-chain transfer to the external wallet address designated by you.

BATBANK may refuse to process a withdrawal request if, in our reasonable opinion, Applicable Law prevents the execution of the withdrawal. BATBANK may also suspend withdrawals as deemed necessary to address any incidents on the Platform. Once such incidents are resolved, BATBANK will resume processing withdrawals. BATBANK reserves the right to take, not take or postpone any action in this respect. BATBANK cannot be forced to carry out transactions that it deems inappropriate within the framework of the security of the platform. BATBANK is not responsible for any damages that may arise from the refusal / inability to perform these transactions.

11.8. You are responsible for the control and use of your BATBANK Account. Consequently, we will assume that any instruction sent from your BATBANK Account has been authorized by you unless we are notified otherwise. It’s crucial that you monitor your Account history to identify and promptly report any unauthorized or suspicious activity on your BATBANK Account. We are not liable for any claims or losses resulting from a transaction executed due to an unauthorized Instruction unless you notify us in accordance with this clause and our internal investigation confirms that you did not authorize the Instruction, whether by mistake, negligence, error or as a result of fraud. Additionally, liability for the unauthorized Instruction will only be considered if it is proven to be due to an act of fraud.

12. Withdrawal on the BATBANK Platform

12.1. You may request the withdrawal of your Digital Assets by submitting a withdrawal instruction through the Platform, subject to applicable termination conditions.

12.2. BATBANK will credit the Digital Assets available in your account to the address specified in your Account. BATBANK will not verify the identity of the destination wallet prior to approving withdrawals. BATBANK shall not be held responsible for any damages arising from errors in the provided wallet address.

12.3. You agree and acknowledge that BATBANK reserves the right to impose withdrawal limits and may decline to approve withdrawals if the destination address is classified as ‘High Risk’ by our transaction monitoring team.

12.4. Subject to these Terms and any applicable Product Terms, and provided that your BATBANK Account has a sufficient balance and the relevant Digital Assets are not restricted by any BATBANK Service, you may instruct BATBANK to transfer Digital Assets to an external wallet address by submitting a withdrawal request on the Platform. Upon receiving the withdrawal request, BATBANK will:

  • Deduct the specified amount from your BATBANK Account balance;
  • Initiate an on-chain transfer to the external wallet address you designated.

12.5. BATBANK may choose not to process a withdrawal request if, in its reasonable judgment, Applicable Law prohibits the execution of such a withdrawal. Additionally, BATBANK reserves the right to suspend withdrawals at its discretion to address any incidents on the Platform. Withdrawals will resume once these incidents have been resolved.

13. Fees of BATBANK

13.1. You agree to pay the Fees associated with the Services provided to you via the BATBANK Platform. Here you can review our Fee List. We reserve the right to establish or modify our fee structure, or to impose fees on services that are currently free, at our sole discretion. You’ll be notified of any such changes by communication information you gave us or via Platform prior to their implementation. In the event that we inform you through the contact information you have provided to us, you agree that the current contact information registered in the system is correct and up-to-date. BATBANK is not responsible for any losses that may arise from incorrect or outdated information.

13.2. You agree that we are entitled to automatically deduct the Fees directly from the Digital Assets in your Account without prior notice. If full payment of our Fees is not received in a timely manner, we reserve the right to interrupt, suspend, or terminate your Account.

13.3. If you disagree with any Fees charged, you may cease using our Services on the BATBANK Platform immediately. However, you remain liable for any Fees incurred prior to your cessation of use. In this regard, we advise that any user who does not accept our Fees promptly close their account on our Platform. The User bears full responsibility for this action.

13.4. Any calculations carried out by BATBANK in connection with the BATBANK Services shall be regarded as definitive and binding, except in cases of Manifest Error. These calculations will be performed in accordance with the prescribed methodology applicable to the relevant BATBANK Service and will be conducted with due diligence and in good faith at the discretion of BATBANK.

14. Risk Disclosure

14.1. The price and liquidity of Digital Assets have historically exhibited significant fluctuations and may continue to do so in the future. Consequently, the risk of loss associated with using the services provided by BATBANK and derivatives linked to Digital Assets can be substantial, with the potential for significant losses over a short duration.

14.2. The value of Digital Assets may be contingent upon the ongoing willingness of market participants to trade them for cash or exchange them for other Digital Assets. This reliance introduces the risk of a complete and permanent loss of value for a particular Digital Asset if the market for that Asset ceases to exist.

14.3. Engaging in BATBANK’s services linked to Digital Assets entails the following risk and potential losses:

  • Adverse Price Movements: You may incur losses if the market moves against your position. For instance, if the price of the Digital Asset falls or rises contrary to your expectations, you may lose your entire savings, including both the Digital Assets and any initial margin associated with the transaction.
  • Platform Malfunctions: Losses may also arise from technical issues with the Platform, such as scheduled or unscheduled downtimes, system failures (including but not limited to matching systems, databases or APIs), Digital Asset transfer or storage failures, hacker attacks or other operational disruptions.

14.4. You should be aware that there is a risk of sustaining a complete loss of the funds in your Account. Additionally, under specific market conditions, it may be challenging or even impossible to manage or access your Digital Assets. Therefore, you should carefully evaluate whether these risks are appropriate for you, considering your personal circumstances and financial resources. All responsibilities arising from this matter rest solely with the User.

14.5. Transactions involving Digital Assets may be irreversible; consequently, losses resulting from fraudulent or accidental transactions might not be recoverable. The inherent characteristics of Digital Assets could elevate the risk of fraud or cyber-attacks, and technological issues encountered by the Platform might impede access to or utilization of your Digital Assets.

14.6. Digital Assets do not constitute legal tender and are not underwritten by any government yet. Deposits made into your Account may not be classified as deposits under the local laws, regulations, or rules in your jurisdiction, and consequently, may not be eligible for deposit insurance or investor protection.

14.7. Legislative and regulatory developments or actions at the state, federal or international levels may negatively impact the use, transfer or any other aspects of the services provided by BATBANK, including the valuation of Digital Assets. Should we be compelled to restrict or discontinue certain aspects of our Service in response to such regulatory measures, you may incur losses as a result. We diligently monitor all relevant regulations and developments pertaining to these matters. Should there be any changes, we will promptly inform you via the Platform or through the contact information you have provided. It is the User’s sole responsibility to ensure that the information provided to us is accurate and up-to-date. Any damages resulting from inaccurate or outdated information are the User’s responsibility.

14.8. We do not act as your broker, intermediary, agent, or advisor, and no fiduciary relationship or obligation exists between us and you regarding any Transactions or activities conducted through the BATBANK Services. We do not offer investment, consulting, tax or legal advice of any nature. Any communication or information provided by us should not be interpreted as advice or guidance of any kind.

14.9. We do not offer personalized advice regarding BATBANK Services. While we may provide factual information, details about transaction procedures, and information about potential risks, the decision to utilize BATBANK Services rests entirely with you. No communication or information provided by BATBANK should be interpreted as investment advice, financial advice, trading advice, or any other form of advice. You bear full responsibility for assessing whether any investment, investment strategy, or related transaction aligns with your personal investment objectives, financial situation, and risk tolerance.

15. No Financial Advice

15.1. BATBANK does not provide advice or recommendations regarding Digital Assets. The guides available on our Platform are intended solely for informational and educational purposes and should not be interpreted as financial advice.

15.2. We encourage you to carefully consider the nature, potential value, suitability and risks involved in accessing our Platform or utilizing our Services, as these decisions are ultimately yours to make. As such, you agree to not hold BATBANK responsible for any losses that may arise from these decisions.

15.3. You assume full responsibility for any losses, damages, or costs arising from your reliance on any data or information we provide in relation to the Services. All decisions to access or use the Services must be made independently by you.

16. BATBANK Intellectual Properties

16.1. All intellectual property rights related to the Platform and the products or services we offer are owned by BATBANK or have been lawfully licensed to us. We reserve all rights under applicable laws. You are prohibited from uploading, posting, publishing, reproducing, transmitting, distributing, or creating any derivative works from any content or component of our Platform in any manner.

16.2. The name “BATBANK,” along with our marks and logos, are our trademarks, whether registered or unregistered. These may not be used without our express prior written consent.

17. Limitation on Liabilities

17.1. To the fullest extent permitted by law, BATBANK and its Affiliates (including directors, officers, collectively, “Affiliates”) expressly limit their liabilities in connection with or arising out of the provision of the Platform as follows:

  • The Platform and any products or services we offer are provided on an “as is” and “as available” basis, and your access to or use of the Platform is at your own risk;
  • We make no assurances, representations, or warranties of any kind (whether express or implied) regarding the Platform and any products or services provided;
  • While we strive to provide accurate, truthful, complete and timely information on the Platform, we cannot guarantee that all aspects meet these standards;
  • We expressly disclaim all warranties and representations, including those of merchantability, fitness for a particular purpose, and non-infringement;
  • We shall not be liable for any issues related to the operation, functionality, security, or availability of the underlying protocols of any Digital Asset;
  • We do not guarantee that Digital Assets will maintain their value relative to any asset or that the issuer holds adequate reserves for Digital Assets;
  • We are not liable for any disruptions or damages resulting from scheduled or unscheduled maintenance, including service interruptions;
  • We shall not be responsible for theft of any device that is used to access and use our Platform;
  • We are not liable for damages or interruptions caused by computer viruses, spyware, malware, phishing, spoofing, or other attacks. Additionally, we are not responsible for hardware failures or data loss related to your equipment;
  • We reserve the right to reject your application to open a BATBANK Account;
  • We are not liable for any terminations, suspensions, holds, or restrictions of access to any BATBANK Account or Services, including the inability to withdraw Digital Assets or execute transactions;
  • We do not assume responsibility for any limits applied to your BATBANK Account;
  • We reserve the right to decide whether to support or not support particular Digital Assets;
  • We are not liable for any inability to contact you using the provided contact information;
  • We are not liable for closing dormant accounts;
  • We do not assume responsibility for the failure of any Transaction or the duration required to complete any Transaction;
  • We do not assume responsibility for breaches of security related to your Email Account or other security breaches;
  • We are not liable for losses caused by third-party actions, including fraud or scams involving BATBANK only as a recipient of Fiat Currency or Digital Assets;
  • We are not responsible for any losses resulting from issues that arise with other parties or platforms involved in the transfer of Digital Assets away from our Platform at your request;
  • While we aim to provide reliable and high-quality BATBANK Services, we cannot guarantee their correctness, accuracy, security, completeness, performance, timeliness, pricing or ongoing availability. We are also not responsible for any delays, omissions or technical issues that may affect your access to the Services;
  • We are not liable for Transactions, Instructions, or operations purportedly effected through your Email Account or BATBANK Account;
  • Any claims related to losses must be commenced by formal legal action within one calendar year of the occurrence of matters giving rise to the claim. This clause modifies any otherwise applicable limitation period by law, and if prohibited, will be read as a limitation period of the minimum enforceable length.

To the fullest extent permitted by law, our Affiliates exclude all implied conditions, warranties, representations, or other terms that may apply to our Platform or any of its content. BATBANK and its Affiliates shall not be liable to you or others for:

  • Any indirect, incidental, special, exemplary, consequential, or punitive damages;
  • Any loss of data, business, opportunities, reputation, profits, or revenues;
  • Any loss related to the use of our Platform or any products or services we offer.

17.2. We do not disclaim or limit our liability in cases where such exclusion or limitation would contravene legal standards. This encompasses our liability for fraud or fraudulent misrepresentation in the administration of the Platform or the delivery of our products and services.

17.3. If you are utilizing the Platform as a consumer, certain countries or jurisdictions may afford you specific legal rights. In such instances, nothing in these Terms of Use shall limit your statutory consumer rights that cannot be contractually waived.

17.4. Except for the types of liabilities that cannot be legally limited, the aggregate liability of BATBANK is restricted to the total amount you have paid to us, if any, for the use of our Platform or any products or services we offer within the past twelve (12) months. Any requests exceeding the total amount you’ve paid to us will not be honored by BATBANK.

18. Indemnity

18.1. You agree to indemnify and hold us harmless upon demand against any and all claims, suits, actions, demands, disputes, allegations, or investigations initiated by third parties, governmental authorities, or industry bodies. This indemnity extends to all claims, liabilities, damages (both actual and consequential), losses (including direct, indirect, or consequential losses, loss of profit, and loss of reputation), costs, and expenses, including but not limited to interest, penalties, and reasonable legal and professional fees ("Losses"), arising from or related to:

  • Your access to or use of your BATBANK Account and/or BATBANK Services;
  • Your breach or alleged breach of these Terms or any other provision within these Terms, including any Product Terms and any other terms and conditions incorporated by reference;
  • Your violation of any Applicable Law;
  • Your infringement of any third party’s rights.

18.2. You irrevocably and unconditionally agree to release us from any and all claims and demands, and waive any rights you may have against us now or in the future, concerning any Losses you may incur or suffer. This release pertains to any disputes you have with other users or third parties related to BATBANK Services (including any Digital Asset Transactions) or the subject matter of these Terms.

18.3. You further agree to provide full cooperation in the defense or settlement of any claims related to or arising from the use of our Platform or these Terms of Use.

19. Termination / Suspension of Your Account

19.1. These Terms of Use will remain in effect until terminated by either you or us as described below:

We reserve the right to immediately suspend your Account (as well as any related accounts owned by affiliated entities or individuals), lock or freeze the funds in these accounts, and suspend your access to BATBANK if we suspect any violation of these Terms of Use, our Privacy Policy, or applicable laws and regulations. BATBANK may retain and use transaction data or other information related to such accounts. Additionally, we may suspend your Account in the following situations:

  • If the account is involved in a governmental proceeding, criminal investigation, or other legal matters;
  • If unusual activity is detected in the account;
  • If unauthorized access to the account is identified;
  • If required by a court order or directive from a regulatory or government authority;
  • If suspension is necessary to comply with our Anti-Money Laundering (AML) policy.

BATBANK may also terminate your Account and any associated authorizations in the following circumstances:

  • If BATBANK ceases to provide services to you;
  • If you attempt to re-register or register under another person’s name, either directly or indirectly;
  • If you provide false, inaccurate, outdated, or incomplete user or identity information;
  • If you notify BATBANK of your unwillingness to accept updated Terms of Use;
  • If other circumstances arise that lead BATBANK to decide to terminate services;
  • If there is a breach of these Terms of Use.

If your account is terminated, we will securely store the account and transactional information needed to meet data retention requirements for six (6) years, as outlined in our Privacy Policy. Furthermore, if a transaction is incomplete at the time of account termination, BATBANK reserves the right to inform your counterparty of the situation.

19.2. Upon the termination of your Account, these Terms of Use will also terminate, except for Clauses 21 through 25.

19.3. When deemed necessary or appropriate, we will report any violations of these Terms of Use to law enforcement authorities and will cooperate by disclosing your identity and providing any relevant information about you within our systems.

19.4. You may cease using the Platform at any time by deactivating your account and requesting the withdrawal of your Digital Assets. After your Account is closed or terminated, any remaining balances, including any charges or liabilities owed to BATBANK, will be immediately payable to BATBANK. Once all outstanding charges have been settled, you will have 5 working days to withdraw the available Digital Assets from your Account to a designated Wallet address, subject to verification of that Wallet. The withdrawal procedures following account termination will adhere to the guidelines outlined in Clause.

19.5. You acknowledge and agree that BATBANK will retain full custody of the funds and user data/information, which may be disclosed to authorities in the event of account suspension or closure resulting from fraud investigations, anti-money laundering (AML) investigations, or violations of BATBANK’s Terms of Use (e.g., trading from a sanctioned country).

20. In the Events of Force Majeure

20.1. If BATBANK is unable to provide our Services as outlined in the Terms of Use due to circumstances beyond our control, including but not limited to changes in laws, regulations, or policies, or due to events of force majeure such as riots, natural disasters, deliberate acts of vandalism, or fires, BATBANK shall not be held liable.

20.2. In the event of a force majeure occurrence, BATBANK will promptly notify users of the situation and the anticipated impact on service delivery. This notification will be provided within a reasonable timeframe to ensure users are aware of any potential disruptions.

20.3. BATBANK will make reasonable efforts to mitigate the impact of force majeure events on the provision of Services. This includes taking necessary steps to restore normal operations as quickly as possible once the force majeure event has ceased.

20.4. During the period of force majeure, BATBANK’s obligations under these Terms of Use will be suspended. The company will not be held liable for any failure to perform or delay in the performance of its obligations due to such events.

20.5. BATBANK will conduct periodic reviews of its risk management and contingency plans to address potential force majeure events. This review will ensure that the company is prepared to handle unforeseen circumstances effectively and minimize service disruption.

21. Indemnification at BATBANK

21.1. You are responsible for ensuring that your use of our Platform and Services complies with the local laws and regulations of your jurisdiction. This includes, but is not limited to, addressing all aspects of taxation, such as withholding, collection, reporting, and remittance to the appropriate tax authorities in your locality. All users of BATBANK and its services affirm and warrant that their Digital Assets and funds originate from lawful sources and are not associated with any illegal activities.

21.2. BATBANK upholds a cooperative stance with global law enforcement authorities and will not hesitate to seize, freeze, or terminate the accounts and funds of users flagged or investigated by regulatory bodies. In the event of an investigation or inquiry by local authorities concerning the legality of Digital Assets or funds, BATBANK will cooperate fully, including disclosing user information as required by law.

21.3. Users may be required to provide documentation or evidence demonstrating compliance with local laws and regulations upon request by BATBANK. This may include proof of lawful source of funds and compliance with tax obligations. Thereof, you are obliged to send the requested documents to BATBANK as soon as possible. The User is solely responsible for any losses that may arise from failure to comply with this obligation.

21.4. BATBANK reserves the right to conduct periodic audits to verify compliance with this clause. Users must cooperate with such audits and provide any requested information or documentation.

21.5. BATBANK will notify users of any significant changes in legal or regulatory requirements that may affect their use of the Platform. Users are responsible for adapting to these changes in compliance with applicable laws.

22. Dispute Resolution

22.1. In the event of a dispute arising from these Terms of Use, please contact BATBANK’s customer service initially to address your concerns. You agree to make a good-faith effort to resolve the dispute through mutual discussions with BATBANK by reaching out to help@batbank.com. If the dispute remains unresolved after 60 days, you may pursue relief as outlined below.

22.2. These Terms of Use, along with any non-contractual obligations arising out of or in connection with them, shall be governed by and interpreted in accordance with the laws of Türkiye.

22.3. Any legal proceedings to resolve or litigate disputes in any forum will be conducted solely on an individual basis and not as a class action or any other form of representative action. By agreeing to these Terms, you waive any right to initiate, join, or participate in any group, representative, class, collective, or hybrid class/collective action in any court, arbitration proceeding, or other forum against BATBANK, except where such waiver is prohibited by law.

22.4. All aspects of the dispute resolution process, including mediation and arbitration, shall be kept confidential. Both parties agree not to disclose any information related to the dispute or the resolution process to any third parties, public etc. except as required by law or for purposes of enforcing any arbitration award.

22.5. During the dispute resolution process, all terms of these Terms of Use, including but not limited to, payment obligations, confidentiality, and compliance with applicable laws, shall remain in full force and effect.

23. Privacy and Personal Data Protection

23.1. Your personal information will be collected, utilized, and disclosed in alignment with the terms outlined in our Privacy Policy. Please read our Privacy Policy and Clarification Text for further information.

23.2. BATBANK attaches importance to the processing, security and protection of the personal data provided by the Customer through the BATBANK Platform in order to benefit from the services offered on the platform in accordance with all kinds of legislation, including the Personal Data Protection Law No. 6698. In this context, BATBANK collects, uses, transfers and otherwise processes the personal data provided by the Customer in accordance with the Clarification Text, Terms Of Use and Privacy Policy on the BATBANK Platform. The Customer has the right to review KVKK, GDPR, PCI DSS and Privacy Policy on the BATBANK Platform at any time to obtain more information about the conditions regarding the use of personal data and their rights in this regard and to obtain information by sending an e-mail to the e-mail address “help@batbank.com” as specified here in, to call the phone “444 21 14”, or the deletion and cessation of processing of your personal data that are not within the legal processing and retention period. In this case, any excess costs incurred by BATBANK shall be borne by Customer.

23.3. Personal data shared by the Customer in order create a Account on the BATBANK Platform or the benefit from the BATBANK Platform; It is collected, stored and processed by BATBANK or its business partners in accordance with the Clarification Text, Terms Of Use and Privacy Policy in order to fulfill the obligations specified in the Terms Of Use, to carry out the applications required for the operation of the BATBANK Platform, to provide and offer various advantages to the Customer to carry out payment transactions, to carry out customer service and complaint tracking transactions and to carry out all kinds of electronic communication, profiling, statistical studies for advertising, marketing, surveys, similar purposes specific to the Customer. In addition, this personal data may be shared with persons working with BATBANK, in a limited and minimized manner for the purpose of contacting the Customer, provided that the obligations arising from the Personal Data Law No 6698 and other relevant legislation are fulfilled in order to offer special advantages to the Customer, to carry out our sales, marketing and similar activities.

23.4. BatBank may be required to submit your data to the relevant institution in the event that it is necessary for compliance with a legal obligation to which the data controller is subject, pursuant GDPR and KVKK

24. Other Important Terms of BATBANK Platform

24.1. This Terms of Use represents the comprehensive and exclusive agreement between any user and us concerning the use of the Platform and any associated transactions. It supersedes and nullifies all prior agreements, representations, promises, assurances, warranties, and understandings, whether written or oral, pertaining to the use of or transactions on the Platform. You acknowledge that no claims or remedies shall be available with respect to any statement, representation, assurance, or warranty, whether made innocently or negligently, that is not explicitly articulated in this Terms of Use.

24.2. You may transfer your rights or obligations under these Terms to another person only with our written consent. BATBANK reserves the right to transfer or assign these Terms and its rights and obligations to a third party at any time, without prior notice or requiring your consent. If you have concerns about such a transfer, you may discontinue using the Platform and close your Account by reaching out to us.

24.3. If any provision of these Terms of Use is found to be unlawful, invalid, or unenforceable for any reason, that provision will be considered severable from these Terms of Use, and its invalidity will not affect the remaining provisions.

24.4. A delay in enforcing any rights under these Terms of Use does not waive our ability to enforce them later. If we do not immediately insist on your compliance or delay in addressing a breach, it does not exempt you from fulfilling your obligations, nor does it prevent us from taking action against you at a later time.

25. Feedback

25.1. We value and welcome feedback on our Platform. By providing feedback or any related information (including ideas, concepts, proposals, suggestions, or comments), you agree that we may use, disclose, adopt, and/or modify this feedback without compensating you. You waive any rights to claim fees, royalties, charges, or other payments in connection with our use, disclosure, adoption, or modification of your feedback.