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TERMS &

CONDITIONS

ANY PARTICIPATION IN THIS SITE WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT USE THIS SITE.

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General

This User Agreement ("Agreement") is a contract between you ("you," "your" or "user") and Bitnik d.o.o. (“Bitnik”, "Reload", "Bitnik Reload", “reload.bitnik.eu”,"we", "us" or "our") and applies to your use of: (a) the Bitnik Reload website located at reload.bitnik.eu and any associated Bitnik Reload-hosted websites or mobile applications (collectively the "Reload Site"), and (b) any of the services provided to you by Bitnik (together with the Reload Site, the "Reload Services"). By accessing or using the Reload Services, you engage in our “Service” and agree to be bound by the following terms and conditions and be legally bound by this Agreement. These Terms and Conditions apply to all users of the Service without exclusions. If you do not agree to any of the terms set forth in this Agreement, you may not access or use any of the Reload Services. Any new features or tools which are added to the current Service shall also be subject to the Terms and Conditions in this Agreement. You can review the most current version of the Terms and Conditions in this Agreement at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions in this Agreement by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. By continuing to access or use the Reload Services after we have posted a revised Agreement, you agree to be bound by the modified Agreement. In the event that you do not agree to be bound by the modified Agreement, you must cancel your Reload Account and otherwise cease accessing or using the Reload Services. Depending on your country of residence, you may not be able to use all the functions of the Services. It is your responsibility to follow those rules and laws in your country of residence and/or country from which you access this Site and Services. As long as you agree to and comply with these Terms of Use, Reload grants to you a personal, non-exclusive, non-transferable, non-sublicensable and limited right to enter and use the Site and the Service. You further agree that we may (a) modify or discontinue any portion of the Reload Services, and (b) suspend or terminate your access to the Reload Services, at any time, and from time to time, without notice to you in certain, limited circumstances described herein. You agree that we shall not be liable to you or any third party for any modification or termination of the Reload Services, or suspension or termination of your access to the Reload Services, except to the extent otherwise expressly set forth herein. Please note the following risks of using Reload Services: • Once submitted to the Bitcoin network, a Bitcoin Transaction will be unconfirmed for a period of time (usually less than one hour, but up to one day or more) pending sufficient confirmation of the transaction by the Bitcoin network. A transaction is not complete while it is in a pending state. • The risk of loss in trading or holding Bitcoin can be substantial. You should therefore carefully consider whether trading or holding Bitcoin is suitable for you in light of your financial condition. In considering whether to trade or hold Bitcoin, you should be aware that the price or value of Bitcoin can change rapidly, decrease, and potentially even fall to zero. • You agree that any disputes between you and Reload will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.


Terms

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.

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Modifications to the Service and prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

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OPTIONAL TOOLS

Our Services require an access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

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PROHIBITED USES

You are prohibited from using the Reload Service’s: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

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termination or service

Bitnik reserves the right to terminate Reload Site and/or Services at any time. Bitnik also reserves the right to delete user account and/or data. User has the right to delete his account and all related data at any time.

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Exchange API permissions, usage, security and liability

Certain features of Reload require user to enter exchange API access information. These allow Reload to place orders and report upon it’s activity. For security purposes the permissions defined for said API keys should only allow Reload to perform actions user desires. Reload can function on minimal permission sets and will only use those API functions it requires to achieve its functionality. API key secret is the most sensitive part of information and is not just stored on secure cloud servers, but also encrypted. With properly defined permissions, the only action with direct financial implications for the user that can be achieved through API access to exchange are bitcoin buy orders that can result in bitcoin purchases at market price for up to fiat balance and user trade and transactions history. Bitnik is not liable for any damage to user in case API access information compromised or obtained by 3rd party. Bitnik is also not liable to damages to user from potential incorrect functionality of Reload (undesired buy orders).

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Data storage and protection

Bitnik takes user data protection extremely seriously: User is not required to enter any personal Information and Reload does not and cannot collect them from any connected exchange account. Reload will access exchange user data depending on given exchange API permissions. Based on access, relevant data will be reported to user. Reload does not store any other data (balance, trades, transactions,..) except what it shows to user.

Bitnik Reload does not hold or interact with users bitcoins and users remain anonymous, so it is not most likely target for hackers. It does however hold users’ API access information. API secret is encrypted.

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Fees

Access to the Service is free, but Bitnik may charge fees for additional Services. Any applicable fees will be displayed in each Service.

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Disclaimer of warranties, Limitation of Liability

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. You agree that you are making use of our Services at your own risk, and that the Reload Site and services are made available to you hereunder on an "as is" basis, without any undertakings, warranties or representations, express or implied, statutory or otherwise. We and Bitnik, and all of their affiliates and related parties, hereby exclude and disclaim any and all implied terms, conditions and warranties (including any warranty of merchantability, satisfactory quality and fitness for any particular purpose), and, without limiting the generality of the aforesaid, we do not warrant, among other things, that (a) the software will be non-infringing, or that (b) the operation of the software will be uninterrupted or error-free, or that any defects in the software will be corrected, or that the software is virus-free; or that (c) the software is of satisfactory quality or fit for any particular purpose; or that (d) use by you of the software with any other software, or with inappropriate hardware, will not cause any disturbance to the software or to such other software. In the event of communication or system errors occuring in connection with the software, neither we nor the vendor nor their affiliates and related parties will be liable to you or to any third party for any costs, expenses, losses or claims arising or resulting from such errors. Neither we nor our affiliates and related parties will be liable to you or to any third party for payments made to you as a result of a defect or error in the software, or in connection with any claim or demand made by the vendor or any third party for the return of such payments or otherwise in connection with such payments.

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service availability

All services are provided without warranty of any kind, either express or implied. We do not represent that this Site will be available 100% of the time to meet your needs. We will strive to provide you with the Service as soon as possible but there are no guarantees that access will not be interrupted, or that there will be no delays, failures, errors, omissions or loss of transmitted information. We will use reasonable endeavours to ensure that the Site can normally be accessed by you in accordance with these Terms of Use. We may suspend use of the Site for maintenance and will make reasonable efforts to give you notice. You acknowledge that this may not be possible in an emergency.

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No Storage or Transmission of Bitcoins

Reload does not store or transmit bitcoins. It only offers the tools with which user can automate bitcoin trades on bitcoin exchanges.

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privacy policy

Information that is gathered from visitors In common with other websites, log files are stored on the web server saving details such as the visitor's IP address, browser type, referring page and time of visit. Cookies may be used to remember visitor preferences when interacting with the website. Where registration is required, the visitor's email and a username will be stored on the server. How the Information is used The information is used to enhance the user's experience when using the website to display personalised content. E-mail addresses will not be sold, rented or leased to 3rd parties. E-mail may be sent to inform you of news of our services or offers. Visitor Options If you have subscribed to one of our services, you may unsubscribe by following the instructions which are included in e-mail that you receive. You may be able to block cookies via your browser settings but this may prevent you from access to certain features of the website. Cookies Cookies are small digital signature files that are stored by your web browser that allow your preferences to be recorded when visiting the website. Also they may be used to track your return visits to the website.

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Indemnity

You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach this Agreement, your improper use of Reload’s Services or your breach of any law or the rights of a third party.

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modification of terms

Bitnik reserves the rights to change the terms & conditions at any time without prior notice. Terms & conditions are in effect as soon as they are published on this page. It is the user’s responsibility to check the terms & conditions regularly.

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Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND BITNIK HAVE AGAINST EACH OTHER ARE RESOLVED.

You and Bitnik Reload agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Bitnik Reload User Agreement your use of or access to the Services, or any services sold or purchased through the Services will be resolved in accordance with the provisions set forth in this Legal Disputes Section. A. Applicable Law The Terms and Conditions shall be governed and construed in accordance with Slovenian Law. You agree to irrevocably submit to the exclusive jurisdiction of the Courts in Ljubljana, Slovenia, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and Bitnik Reload, except as otherwise stated in the User Agreement. B. Agreement to Arbitrate You and Bitnik Reload each agree that any and all disputes or claims that have arisen or may arise between you and Bitnik Reload relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to Reload's Services, or any services sold, offered, or purchased through Reload's Services shall be resolved exclusively through final and binding arbitration, rather than in court. Waiver of Class Action.

EXCEPT FOR CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF OR CLAIMS REGARDING INTELLECTUAL PROPERTY RIGHTS (WHICH MAY BE BROUGHT IN ANY COMPETENT COURT WITHOUT THE POSTING OF A BOND), ANY DISPUTE ARISING UNDER THIS AGREEMENT SHALL BE FINALLY SETTLED ON AN INDIVIDUAL BASIS IN ACCORDANCE WITH THE SLOVENIAN LAW AND SHALL TAKE PLACE IN LJUBLJANA, SLOVENIA. AT YOUR REQUEST, HEARINGS MAY BE CONDUCTED IN PERSON OR BY TELEPHONE AND THE ARBITRATOR MAY PROVIDE FOR SUBMITTING AND DETERMINING MOTIONS ON BRIEFS, WITHOUT ORAL HEARINGS. THE PREVAILING PARTY IN ANY ACTION OR PROCEEDING TO ENFORCE THIS AGREEMENT SHALL BE ENTITLED TO COSTS AND ATTORNEYS' FEES. ADDITIONALLY, YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Time Limitation on Claims. You agree that any claim you may have arising out of or related to your relationship with Bitnik Reload must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

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Contact

If you have any questions relating to these Terms of Use, your rights and obligations arising from these Terms and/or your use of the Site and the Service, your Account, or any other matter, please contact reload@bitnik.eu.