Terms and Conditions

1 These Terms

1.1 These Terms and Conditions (the "Terms") are the agreement between you and BOLDHASH IBC (the "Company", "we", "us", "our") for the use of our virtual asset exchange services. You are the "Client" or "you".
1.2 BOLDHASH IBC is an international business company incorporated in the Kuna de Wargandí Territory, Republic of Panama, registered at Central Street, Kunaisa Building, Nurrá-Wala-Mortí, and licensed as a Virtual Asset Service Provider by the Kuna de Wargandí International Services Authority (KUNAISA) under licence number V0062026. You can reach us at support@boldhash.io.
1.3 Please read these Terms before you register. They set out what we do, what we do not do, what we need from you, and what happens when something goes wrong.

2 Definitions

Account — the account you register on the Platform.
Applicable Law — the regulatory framework and licensing conditions of KUNAISA, the FATF Recommendations as we apply them, and any other law, regulation or binding guidance that applies to us or to the Services.
Business Day — a day other than a Saturday, Sunday or public holiday on which banks are generally open for business.
Order — your instruction to exchange fiat currency for virtual assets, virtual assets for fiat currency, or virtual assets for other virtual assets.
Platform — our website, application and related systems through which the Services are made available.
Prohibited jurisdiction — a country or territory in, from or in respect of which we do not provide the Services, as set out in our Restricted Jurisdictions Notice published on the Platform.
Restricted Person — a person who is the subject of Sanctions, who is acting for or on behalf of such a person, or who is resident in, located in or a national of a Prohibited jurisdiction; and any person with whom we are prohibited from dealing under Applicable Law.
Sanctions — trade or economic sanctions, embargoes or restrictive measures administered or enforced by the United Nations Security Council, OFAC, the European Union, the United Kingdom or any other applicable authority.
Services — the non-custodial virtual asset exchange services described in clause 6.
Travel Rule — the requirement under FATF Recommendation 16, applied to virtual asset service providers through Recommendation 15 and its Interpretive Note (INR.15), to obtain, hold and where applicable transmit originator and beneficiary information for qualifying virtual asset transfers.
Virtual Asset — a digital representation of value that can be transferred, stored or traded electronically. References to "crypto-asset" have the same meaning.
Wallet — a virtual asset wallet. A reference to the Company's wallet is to a technical blockchain address used for transaction routing only, and does not denote custody.
In these Terms, the singular includes the plural; "including" and "in particular" are illustrative and do not limit what precedes them; a reference to a statute or regulation is to that statute or regulation as amended from time to time; headings are for convenience only; and a reference to a person includes a natural and a legal person.

3 Accepting these Terms

3.1 By registering for an Account, by accepting these Terms electronically, or by using the Services, you confirm that you have read, understood and agree to be bound by them, together with the Restricted Jurisdictions Notice, the AML and KYC Policy, the Privacy Policy and the Cookie Policy published on the Platform. If you do not agree, do not register and do not use the Services.
3.2 These Terms, together with those documents, are the entire agreement between us in relation to the Services. If there is a conflict between these Terms and any of those documents, these Terms prevail unless the document expressly states otherwise. Use of the Platform itself is also subject to our Website Terms of Use.

4 Eligibility and your Account

4.1 To register and use the Services you must be a natural person of at least 18 years of age, or the age of majority in your jurisdiction, with full legal capacity; you must not be a Restricted Person; and you must give us complete, accurate and current registration information and update it without undue delay if it changes.
4.2 Accounts for companies and other legal persons are not currently offered. We will not open them until we have obtained any approval required from KUNAISA.
4.3 You may hold only one Account unless we agree otherwise in writing. Your Account is personal to
4.4 We may decline to open an Account, or restrict, suspend or close one, where required by Applicable Law or our licensing conditions, or for risk, security or operational reasons.

5 Verification and ongoing due diligence

5.1 Before you use the Services, and on a continuing basis afterwards, you must complete our identity verification and due diligence procedures and give us the information and documents we request. This may include information about your identity, residence, source of funds, source of wealth, and your ownership and control of any Wallet or payment instrument you use.
5.2 You agree that we may carry out, directly or through service providers, identity verification and screening against sanctions, politically-exposed-person and adverse-media sources, and blockchain analytics, and that we may check the information you give us against third-party sources. Our AML and KYC Policy explains how this works.
5.3 We may decline, suspend or end the relationship, and may decline to execute, delay or reverse an Order, where verification cannot be completed to our satisfaction, where the information you have given is inaccurate or incomplete, or where we are required to do so for compliance reasons.

6 The Services

6.1 We provide non-custodial exchange between fiat currency and virtual assets. We do not provide custodial wallets, we do not hold or control your virtual assets or your private keys, and we do not hold your assets for safekeeping beyond what is necessary to execute a specific Order.
6.2 We do not provide investment, custody, lending, staking, peer-to-peer or decentralised-finance services, and we do not operate a market, an order book or a trading venue. Virtual assets are sent only to a Wallet address that you have provided and that we assess you to control.
6.3 The Services, and particular virtual assets or functionality, may be added, changed, suspended or withdrawn, and are not available in every country. The Restricted Jurisdictions Notice sets out where they are not available. We will give reasonable notice of material changes where practicable.

7 Orders and execution

7.1 When you place an Order you instruct us to exchange the amount you specify at the price or pricing method shown on the Platform at that time. Quotations are indicative until the Order is confirmed, and prices for virtual assets are volatile and can move rapidly.
7.2 Every Order is subject to our acceptance, to successful verification and screening, and to receipt of cleared funds or virtual assets. We may decline, delay, suspend or cancel an Order in whole or in part where required by Applicable Law or our licensing conditions, for risk, security or operational reasons, or where a payment or transfer does not match the Order or involves a third party.
7.3 Transactions recorded on a blockchain are generally irreversible. You are responsible for the Wallet address, network selection and payment details you provide, and we are not responsible for loss caused by details that are incorrect, incomplete or incompatible.
7.4 Where an Order, quotation or transaction is affected by a manifest error, including a pricing, data- feed or system error, we may act reasonably to void, cancel, amend or re-price it, and both of us will as far as possible be restored to the position we would have been in but for the error.

8 Payments, bank accounts and Wallets

8.1 The fiat leg of an Order must be paid from, or paid to, a bank account in your own name. The virtual asset leg must be sent from, or sent to, a Wallet that you own and control.
8.2 Third-party deposits and withdrawals are not permitted, and we do not accept cash. All fiat funding must be made by traceable electronic means.
8.3 You confirm for each Order that the bank account and Wallet address used belong to you and that only you have access to them. We may ask for evidence of ownership or control, and may decline, suspend or reverse any transaction that does not meet this requirement.
8.4 Where we receive funds or virtual assets sent in error, in breach of these Terms, or from a prohibited source, we may withhold, return or freeze them and may ask for further information before taking any action, in each case to the extent permitted by Applicable Law.

9 Fees, costs and taxes

9.1 Our fees and charges, and the applicable pricing, spread or exchange rate, are shown on the Platform or otherwise notified to you before an Order is confirmed. We may change our fees on notice given under clause 24.
9.2 You are responsible for third-party costs, including blockchain network fees and bank charges, and for determining, reporting and paying any tax that applies to your use of the Services. We do not collect or remit tax on your behalf unless Applicable Law requires it.

10 Monitoring, holds and information requests

11 What you promise us

11.1 Each time you use the Services you represent and undertake that:
\(a\) the information you have given us is true, accurate, complete and current;
\(b\) you act on your own behalf and are the beneficial owner of the funds and virtual assets involved, unless you have told us otherwise and we have agreed in writing;
\(c\) the funds and virtual assets you use are not derived from, and will not be used for, unlawful activity;
\(d\) you are not a Restricted Person and are not subject to Sanctions;
\(e\) you own and control the bank account and Wallet used for each Order; and
\(f\) your use of the Services complies with all laws that apply to you, including any tax, exchange- control or reporting obligations.
11.2 You confirm that you approached us on your own initiative and that we have not marketed or promoted the Services to you or in your country of residence.

12 Prohibited use

12.1 You must not use, or try to use, the Services for or in connection with any unlawful, fraudulent, deceptive or prohibited activity, including money laundering, terrorism or proliferation financing, sanctions evasion, fraud or market abuse, or any activity listed in our AML and KYC Policy as prohibited.
12.2 You must not:
\(a\) use anonymising tools, intermediaries or techniques to disguise your identity, your location, or the source or destination of funds;
\(b\) use another person's identity, Account, payment instrument or Wallet, or let another person use yours;
\(c\) give false, misleading or incomplete information, or circumvent or attempt to circumvent our controls; or
\(d\) use the Services in, or for the benefit of, a Prohibited jurisdiction or a Restricted Person.
12.3 We may report, refuse, suspend, restrict, reverse or terminate any Account, Order or transaction connected with suspected prohibited use, and Applicable Law may require us to notify the competent authorities.

13 Financial crime controls

13.1 We are subject to anti-money-laundering, counter-terrorist-financing, sanctions and Travel Rule obligations, and apply the controls described in our AML and KYC Policy. You agree that we may collect, verify, screen, retain and, where required, transmit information about you and your transactions, including originator and beneficiary information for qualifying virtual asset transfers.
13.2 We may suspend, refuse or reverse a transaction, freeze funds or assets, or make a report to a competent authority, in each case without notice to you where Applicable Law requires or permits it.
13.3 You acknowledge that we are prohibited by law from telling you that a report has been or may be made, or that an investigation is being or may be carried out, and that we have no liability to you for action taken to comply with Applicable Law.

14 Risks you accept

14.1 Virtual assets carry significant risk. You acknowledge in particular that:
\(a\) their value is highly volatile and may fall as well as rise, and you may lose some or all of the value of your assets;
\(b\) blockchain transactions are generally irreversible, and an erroneous or fraudulent transfer may be unrecoverable;
\(c\) virtual assets are exposed to technology, cybersecurity, network, protocol-change and operational risks outside our control;
\(d\) liquidity may be limited, prices may differ between venues, and execution is not guaranteed;
\(e\) the legal, regulatory and tax treatment of virtual assets is evolving and may change, possibly with retrospective effect, which may adversely affect the Services or your assets;
\(f\) our licence is issued under the KUNAISA framework for international use, it is not an authorisation by a national financial regulator, and neither the Services nor your assets are covered by any deposit- guarantee or investor-compensation scheme; and
\(g\) you are solely responsible for deciding whether the Services and any transaction are appropriate for you.

15 No advice

16 Account security and communications

16.1 You are responsible for the confidentiality and security of your Account credentials and of any device you use to access the Platform, and for all activity conducted through your Account. Tell us without undue delay if you suspect unauthorised access or a security breach.
16.2 You agree to receive communications, notices, disclosures and documents from us electronically, through the Platform or by email, and you agree that this satisfies any legal requirement for them to be in writing.

17 Availability and third parties

17.1 We will use reasonable efforts to keep the Platform available, but we do not warrant that it will be uninterrupted, timely, secure or error-free. We may suspend access for maintenance, upgrades, security or other operational reasons, and will give notice where practicable.
17.2 The Platform relies on, and may link to, third-party services including payment providers, liquidity providers, blockchain networks and analytics providers. We are not responsible for their acts, omissions, availability or content, and your use of a third-party service may be subject to that party's own terms.

18 Intellectual property

19 Personal data

20 Suspension, restriction and termination

20.1 We may suspend, restrict or terminate your access to the Services or your Account, in whole or in part, with immediate effect and with or without notice, where required by Applicable Law or our licensing conditions; where we suspect prohibited or restricted use, fraud or a breach of these Terms; where necessary to manage legal, regulatory, security, reputational or risk concerns; or where you cease to be eligible.
20.2 You may stop using the Services and close your Account at any time, subject to the completion or settlement of pending Orders and obligations.
20.3 Termination does not affect rights or obligations that have already accrued. Provisions that by their nature are intended to survive termination continue to apply, including those on your representations, prohibited use, financial crime controls, risk, no advice, intellectual property, personal data, liability, indemnity, notices, general provisions, and governing law and disputes.

21 Liability

21.1 The Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by Applicable Law we exclude all implied warranties, conditions and terms.
21.2 To the maximum extent permitted by Applicable Law, we are not liable for indirect, incidental, special, consequential, exemplary or punitive loss, nor for loss of profit, revenue, business, opportunity, goodwill or data, nor for loss arising from the volatility or loss of value of virtual assets, from blockchain or network events, from details you provided incorrectly, or from the acts or omissions of third parties.
21.3 To the maximum extent permitted by Applicable Law, our liability is limited to direct damage caused by our intentional misconduct or gross negligence, in accordance with the mandatory provisions of applicable law.
21.4 Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Applicable Law, including liability for fraud or fraudulent misrepresentation.

22 Indemnity

23 Complaints

24 Changes to these Terms

24.1 We may amend these Terms. We will notify material amendments by appropriate means and state the date from which they take effect. Continuing to use the Services after that date means you accept the amended Terms; if you do not accept an amendment, you must stop using the Services and close your Account.
24.2 For material amendments that adversely affect you, we will give reasonable advance notice before the effective date, and you may close your Account without penalty before the amendment takes effect.

25 Regulatory status

25.1 We are licensed as a Virtual Asset Service Provider by KUNAISA under the Wargandí Law on Digital Service Providers, for international use only. The licence is issued under the legal framework of the Kuna de Wargandí Territory. It is not an authorisation by a national financial regulator, and it does not permit operation within the Republic of Panama.
25.2 The legal and regulatory treatment of virtual assets and of licences of this kind is evolving, and we will adapt our arrangements as required.
25.3 We do not target, solicit, market or promote the Services in any jurisdiction, and we provide them only to clients who approach us on their own initiative.

26 Force majeure

27 Assignment

28 Notices

29 General

29.1 If any provision of these Terms is or becomes invalid, illegal or unenforceable, it will be modified to the minimum extent necessary or, if that is not possible, severed, and the remaining provisions continue in full force.
29.2 No failure or delay by us in exercising a right or remedy operates as a waiver, and no single or partial exercise prevents any further exercise. Our rights and remedies are cumulative and not exclusive of any provided by law.
29.3 Nothing in these Terms creates a partnership, joint venture, agency or employment relationship. A person who is not a party has no right to enforce these Terms.
29.4 These Terms may be entered into and accepted electronically. They are drafted in English; any translation is provided for convenience only, and the English version prevails in the event of inconsistency.

30 Governing law and disputes

30.1 These Terms are governed by, and construed in accordance with, the regulatory framework of the Kuna de Wargandí International Services Authority (KUNAISA) and, for matters not addressed by it, the substantive laws of Switzerland.
30.2 Before starting arbitration, both parties will use reasonable efforts to resolve the dispute through the complaints procedure in clause 23 and, where applicable, the KUNAISA complaints pathway.
30.3 Any dispute, claim or controversy arising out of or in connection with these Terms, including any question as to their existence, validity or termination, that is not resolved through the complaints procedure will be finally resolved by arbitration administered by the Swiss Arbitration Centre under the Swiss Rules of International Arbitration in force at the commencement of the arbitration. The seat of the arbitration is Geneva, Switzerland; the arbitration will be conducted by a sole arbitrator in the English language; and the award is final and binding.

Terms and Conditions

On this page

1

These Terms

2

Definitions

3

Accepting these Terms

4

Eligibility and your Account

5

Verification and ongoing due diligence

6

The Services

7

Orders and execution

8

Payments, bank accounts and Wallets

9

Fees, costs and taxes

10

Monitoring, holds and information requests

11

What you promise us

12

Prohibited use

13

Financial crime controls

14

Risks you accept

15

No advice

16

Account security and communications

17

Availability and third parties

18

Intellectual property

19

Personal data

20

Suspension, restriction and termination

21

Liability

22

Indemnity

23

Complaints

24

Changes to these Terms

25

Regulatory status

26

Force majeure

27

Assignment

28

Notices

29

General

30

Governing law and disputes