Terms and Conditions

The Terms and conditions between 

  • User / Customer

  • BB TRADE ESTONIA

  • BB Trade Switzerland

regarding

 zondacrypto Swiss platform 

are effective as of 30 June 2025.

                                                                       

I. DEFINITIONS                     

Whenever the following phrases are used in these Terms and Conditions, they shall be understood in the sense given below, unless the context of their use clearly indicates otherwise:

  1. Account - a set of resources and rights within the Platform assigned to a User or Customer. The User or Customer gains access to the Account in the form of a Dashboard by means of an email address and Password. The User or Customer logs into their Dashboard after registering on the Platform.

  2. Administrator - BB TRADE SWITZERLAND, which manages and administers the Platform and which is responsible for in particular:

  1. providing Customer service, including complaints;

  2. receiving the Customer's orders to make Transactions and forwarding Transaction’s details on behalf of the Client to BB TRADE ESTONIA, in order to execute the Transactions;

  3. carrying out the registration and onboarding process of the User or Customer;

  4.  performing AML procedures on the Platform.

 

  1. Agreement - a three-party agreement concluded between the Customer, BB TRADE SWITZERLAND and BB TRADE ESTONIA, with the content corresponding to these Terms and Conditions.

 

  1. BB TRADE ESTONIA - BB Trade Estonia OÜ, a company organized and existing under the laws of Estonia and having its registered office in Estonia at Harju maakond, Tallinn, Lasnamäe linnaosa, Tähesaju tee 9, 1391 ESTONIA (office No. 10, 2nd floor), registered in the Register of Entrepreneurs in Estonia under the number 14814864, which performs the services described in detail in the content of these Terms and Conditions within the framework of the Agreement.

 

  1. BB TRADE SWITZERLAND - BB TRADE SWITZERLAND AG, a company organized and existing under the laws of Switzerland and having its registered office in Zug, at  Dammstrasse 16, 6300 Switzerland, registered in the Commercial Register of the Canton of Zug under number CHE 254.348.698, which performs the services described in detail in the content of these Terms and Conditions within the framework of the Agreement.

  2. Beneficiary - the person who is the intended recipient of the Cryptoasset transfer;

  3. Content - a textual, graphic or multimedia element (e.g. information about the Services, promotional videos, descriptions, comments), product images and any other works covered by relevant copyright laws that are posted on the Platform.   

  4. Customer/Client - a natural or legal person, or any other entity with legal capacity under the laws applicable to it, registered on the Platform, who has successfully passed the entire KYC/Know Your Customer identity verification process; a Customer/Client always includes a User.

  5. Dashboard - the space (interface) within the Platform made available to the User and Client, enabling the use of the functionality of the Platform and the individual services;

  6. Digital Asset(s) or Cryptoasset(s) - a digital representation of a given value or a given right, processed and stored in a virtual database, the integrity and correctness of which is secured by cryptographic methods. Digital Assets can be distinguished, among others, between: cryptocurrencies, tokens, NFTs, contracts; the full list of Digital Assets available on the Platform is appropriately displayed in the Dashboard, each time before the Client executes a Transaction.

  7. FIAT Currency/-ies - fiat currencies with the use of which the Client can make Transactions; the full list of FIAT Currencies available on the Platform and is appropriately displayed in the Dashboard, each time before the execution of a Transaction by the Client.

  8. Initiator - a person who orders or initiates the transfer of Cryptoassets.

  9. KYC / Know Your Customer - the mandatory process of identifying and verifying the identity of the User, carried out by BB TRADE SWITZERLAND, including both during registration and at the further stage of having an Account, consisting of, among other things, the acquisition of personal data of the User or the Customer.   

  10. Password - a string of characters allowing access to the Platform, set by the User or Customer in accordance with security guidelines.

  11. Platform - the platform operating at: http://www.zondacryptoswiss.com/on which the Agreement is concluded and on which the Customer may make Transactions.

  12. Terms and Conditions - these regulations of the Platform.

  13. Transaction - an order to buy or sell Digital Assets, placed on the Platform by the Client.

  14. Two-Factor Authentication ("2FA") - a security system that requires two separate, distinct forms of authorization to access the Platform.

  15. User -  a natural or legal person, or any other entity with legal capacity under its applicable regulations, registered on the Platform, who has not completed the KYC/Know Your Customer identity verification process.

 

 

II. GENERAL CONTRACTUAL OBLIGATIONS OF THE PARTIES

                                   

  1. By accepting the Terms and Conditions and successful completion process of KYC, the Client becomes a Party to a tripartite Agreement entered into with BB TRADE SWITZERLAND and BB TRADE ESTONIA, whereby BB TRADE SWITZERLAND processes the Client's order and transmits all details of them on behalf of the Client to BB TRADE ESTONIA for execution.

 

  1. BB TRADE SWITZERLAND is responsible for the execution of the FIAT currency part of the Transaction, while BB TRADE ESTONIA is responsible for the Digital Assets part, which means that:

  1. BB TRADE ESTONIA, as part of the Transaction, is responsible only for processing transfers of purchased Digital Assets to Customers, as well as for accepting Customer payments made in Digital Assets for exchange into FIAT Currencies;

  2. BB TRADE SWITZERLAND, as part of the Transaction, is responsible only for accepting Customer payments in FIAT Currencies and transferring them on behalf of the Customer to BB TRADE ESTONIA, as well as performing the money transfer services of FIAT Currencies between the Customers and BB TRADE ESTONIA;

  3. Any Customer payments in FIAT to BB TRADE SWITZERLAND shall not bear interest nor shall any Customer’s funds be managed by BB TRADE SWITZERLAND for investment purposes and shall not be converted into other FIAT currencies. These Customer’s fundsshall solely be used to close the Transaction and only for this purpose, BB TRADE SWITZERLAND will wire the funds to BB TRADE ESTONIA; or otherwise return the funds to the Customer;

  4. BB TRADE SWITZERLAND will hold any Client's funds not longer than 30 days and return them without notice to the Customer after elapse of this term. 

 

  1. BB TRADE SWITZERLAND does not provide services related to the deposit and withdrawal of Digital Assets, for which BB TRADE ESTONIA is solely responsible.

  2. In order to facilitate communication with the Client, BB TRADE SWITZERLAND additionally acts as an Administrator. 

  3. Detailed rules for conducting Transactions on the Platform, are described in point VI of the Terms and Conditions.

  4. BB TRADE SWITZERLAND as Administrator, collects personal data from the Customer, in order to perform the onboarding process and then transfers the data to BB TRADE ESTONIA for execution of the Agreement.

  5. While BB TRADE SWITZERLAND and BB TRADE ESTONIA may coordinate in the provision of their respective services under this Agreement, they each shall remain solely and independently responsible for the performance of its own obligations. Nothing in this Agreement shall be construed as creating a partnership, joint venture, or any form of joint or several liability between BB TRADE SWITZERLAND and BB TRADE ESTONIA. The Customer acknowledges that any liability arising from the acts or omissions of either of them shall be borne exclusively by the entity providing the services, and the other entity shall have no responsibility or liability in connection therewith. 

         

 

   III. TERMS OF USE OF THE PLATFORM                                            

  1. Use of the Platform requires:
     

a. use of a suitable device that meets the minimum technical requirements, i.e. connected to the Internet, using a current and stable version of a web browser (including Google Chrome, Mozilla Firefox, Safari, Microsoft Edge);

b. enable the necessary cookies in the web browser (for detailed information on the use of cookies, please refer to the Cookie Policy).
                                                                                                           

  1. The User or Customer is solely responsible for ensuring that the computer equipment or other terminal equipment used is technically compatible with the data communications or telecommunications system used to use the Platform.

                                                                                

  1. In the event that the Platform is updated, as a result of technical modifications, changes in the scope of services provided, the User or Customer will receive such information via a message to the e-mail address assigned to the Account or by posting the relevant information in a prominent place on the Platform. A change in technical requirements is not considered an amendment to the Terms and Conditions, unless it results in the inability to provide services. 
                                                                                       

  2. The Administrator reserves the right to suspend or discontinue the provision of particular functionalities of the Platform due to the need for maintenance, overhaul or expansion of the technical base, if this is required for the stability of the Platform's operation. If necessary, the Administrator will make every effort to notify Users and Customers in advance, stating the date and time of the technical interruption. The Administrator will make every effort to complete all maintenance work in a timely manner and reduce any burden on Users and Customers associated with it. In the situation described in this paragraph, the Administrator shall not be liable for any losses resulting from the inability to use the Platform and perform Transactions.

                                                                                   

  1. The User or Client undertakes to use the Platform in a manner consistent with the provisions of generally applicable law, these Terms and Conditions, as well as good customs and rules of social coexistence. In addition, the User or Client undertakes to refrain from actions such as:

a. using the Platform for any activity aimed, even indirectly, at fraud (leading to an adverse disposition of property);

b. money laundering or terrorist financing;

c. spamming, understood as sending unwanted or unsolicited messages; and

d. activities aimed at avoiding responsibility for sanctions imposed.          

                 

  1. The Administrator reserves the right to restrict access to some or all of the Platform's functionalities due to regulations in force in a given territory or against individual Users or Customers.     

 

                                                                              

IV. ACCOUNT CREATION - REGISTRATION

  1. The Agreement is concluded upon acceptance of the authentication made and verification of the Customer's identity during the account registration process, subject to all applicable regulations and industry best practice.

 

  1. The registration of an account by the Client shall constitute full and unconditional acceptance of these Terms and Conditions. By completing the registration process, the Client acknowledges having read, understood, and agreed to be bound by all provisions contained here in this Agreement.. 

 

  1. By accepting these Terms and Conditions, the Customer declares that they:

    a. are familiar with the risks associated with investing in Cryptocurrencies and Digital Assets and are aware that one element of this risk is the possibility of losing all invested funds as a result of changes in Cryptocurrency exchange rates; and

    b. are aware that the primary threat to any Internet user, including those using electronically provided services, is the possibility of third parties taking control of the User's device or otherwise obtaining the User's or Customer's data in order to take over the Account.
     
  2. In order to complete the registration of an Account, the Customer is required to provide an e-mail address, a password, a telephone number and a unique login for an individual Account and to configure Two-factor authentication (,,2FA").

  3. The Customer is allowed to have only one Account on the Platform, and the same phone number can be assigned to only one Private Account and different Business Accounts.

  4. In the event of a situation where one phone number is assigned to several Accounts of natural persons, the Administrator may require each such Customer to update the phone number assigned to each such Account. If the update referred to in the preceding sentence is not made within the period set by the Administrator, which shall not be shorter than 7 days, the Administrator shall be entitled to suspend the provision of services to such Customer and refuse to perform Transactions until the necessary update of the telephone number is made.

  5. In addition, the Customer is required to provide a telephone number that should remain active and current as directly assigned to the Customer for the duration of the Agreement. In the event of a change of telephone number, the Customer or User is required to immediately notify the Administrator of this fact and update the data in the Account in this regard accordingly. Possession of an outdated or inactive telephone number entitles the Administrator to suspend the provision of services to the User or Customer in question and to refuse to perform Transactions. 

  6. In order to obtain full functionality of the Account, it is necessary to carry out the verification process, which includes, among other measures without limitation and as amended from time to time, the following:

a. In the case of a User who is a natural person: providing data from the User's identity document, including name, surname, citizenship, as well as residential address, country of birth, information on tax residency and a statement about being a person holding a politically exposed position or a relative or close associate of such a person, telephone number, date of birth and, in the case of countries where it will be applicable, an individual identification number or a statement about not having such a number;

b. In the case of a User who is a legal entity or organizational unit: sending a scan of a copy of the relevant commercial register in which the entity is registered, data on its business activity, a scan of the confirmation of the assignment of a tax identification number and other national identification numbers - if the number is not shown in the copy of the commercial register, as well as data from the document stating the identity of the natural person authorized to represent the User, including his name, surname, citizenship, as well as residential address, information on tax residency, country of birth, information on holding a politically exposed position, telephone number, date of birth and individual identification number or a statement that he/she does not have such a number. The User is also required to provide the above information on all Final Beneficiaries of the User's Actual Beneficiaries up to the designation of individuals. 

  1. In addition, in order to verify the identity, the User must provide an identity document by sending it in the form of a photo via the appropriate form on the Platform. The photo of the identity document must meet the following conditions: if the person is a Swiss citizen, it should be either an ID or a passport, if the person is not a Swiss citizen, only a passport should be used, the document must be issued by a government institution, the data on the document must be clear, all edges of the document must be visible, no data must be obscured. The file must not contain any traces of digital alterations (such as painting any element with a graphics program). The Administrator may ask the User to upload a photo of the identity document, taken in such a way that the User's face, the identity document and a piece of paper with the current date written on it are visible at the same time (the so-called "selfie").

  1. In order to undergo full identity verification, it is always necessary to carry out video verification through the application recommended by the Administrator.

  2. Confirmation of the address of the User or the person representing the User or the Ultimate Beneficiary of the Actual User can be made on the basis of a photo in .jpg or .png format, a bill (for electricity, water, gas, etc.) issued to the User or designated person, a contract with a public trust institution, an official letter from a public institution or a bank statement, or a transfer confirmation from a financial institution) issued to the User or a designated person, on which there are the address details of the User or a designated person, together with the name and surname, as well as the date of preparation, which cannot be older than 6 (six) months.

  3. In order to properly verify the User and perform analysis to prevent fraud, the Administrator is entitled to use open sources of information available on the Internet and analyze metadata.

  4. The verification of the User will be carried out in several stages - by verifying the User's identity ("Proof of Identity"), verifying the User's address ("Proof of Address") and other information about the User and other statements made by the User (regarding AML policy). It is stipulated that if all verification steps are not fulfilled (the verification process is interrupted by the User), the execution of Transactions will not be possible. In order to use all functionalities of the Platform and perform Transactions, the User is required to successfully pass all verification steps. 

  5. The Administrator stores information about the history of Transactions performed by the Client.

 

 

V.    AGREEMENT FOR THE PROVISION OF SERVICES                                                                                                 

  1. Under the Agreement, the Client is granted access to the Platform, the Dashboard and browsing Content, and is given the opportunity to make Transactions.

  2. The Client agrees to pay BB TRADE SWITZERLAND or BB TRADE ESTONIA for the services that the fees as published on the Platform at the time the the Transaction has been initiated in addition toany other fees, including, without limitation, third party service fees (e.g. banking fees). Once paid, BB TRADE SWITZERLAND and BB TRADE ESTONIA fees are nonrefundable. Their fees may change from time to time in their absolute and sole discretion. BB TRADE SWITZERLAND and BB TRADE ESTONIA are not responsible for payment of any sales, use, personal property or other governmental tax or levy imposed on any Transaction facilitated through the Platform and under the Agreement.

  3. Unless otherwise specified, the Administrator is the owner or licensee of all Content on the Platform, including but not limited to source code, databases, functionality, software, graphics and the overall design of the Platform. Administrator does not consent to distribution, publication or other use of the Content outside of the Platform.

 

VI.   TERMINATION OF SERVICES                                                                                                

  1. The Customer may stop using the Platform at any time and terminate the Agreement with immediate effect by closing the Account by submitting a termination notice via e-mail sent to the following address: [email protected] under the terms set forth below. Termination of the Agreement under the terms of the first sentence is not possible if the Customer is in the process of verifying the source of funds or other processes related to the security of transactions and resulting from the application of financial regulations.

  2. If the Customer terminates the Agreement, the Account will be deleted, which means that it will be no longer possible to log in to the Account or access the Dashboard. In such a case, the data provided by the Client will be retained and not deleted prior to the end of the mandatory storage period resulting from generally applicable laws.                             

  3. Termination of the Agreement with immediate effect shall result in complete deactivation of the Client's ability to use the Account.

  4. The Administrator may temporarily discontinue the provision of services in the event of a reasonable suspicion of violation by the Customer of applicable law, these Terms and Conditions, the rights of BB TRADE SWITZERLAND or BB TRADE ESTONIA or their partners and third parties, principles of social coexistence or good morals. The provision of services may be discontinued until it is clarified whether a violation has actually occurred.

  5. BB TRADE SWITZERLAND and BB TRADE ESTONIA may suspend or terminate the Agreement at any time, without notice, with or without any reason, in their sole discretion and return any FIAT currencies or Cryptoassets to the Customer. 

  6. BB TRADE SWITZERLAND and BB TRADE ESTONIA are permitted to deduct their fees, indemnifications and other costs from the funds of the Client and will return the remainder thereof. 

  7. The Client shall remain liable for initiated Transactions prior to such termination, and the performance of their obligations, in particular towards BB TRADE SWITZERLAND and BB TRADE ESTONIA.

  8. The Client agrees to pay all costs and expenses (including reasonable attorneys' fees) that BB TRADE SWITZERLAND or BB TRADE ESTONIA may incur in order to collect any amounts a Client owes under this Agreement.

  9. The Client acknowledges that BB TRADE SWITZERLAND are not permitted to hold the FIAT currencies (cash balance) longer than 60 (sixty) days. In order to comply with these regulatory requirements, BB TRADE SWITZERLAND will generally terminate the Agreement following any Transaction which cannot be closed within 30 (thirty) days or prior to this term in case BB TRADE SWITZERLAND believes that the closing within 30 days may not occur.  

  10. BB TRADE SWITZERLAND and BB TRADE ESTONIA shall have the right to refuse to re-establish any business relationship with the User or Client in the future, including the conclusion of another Agreement on the Platform. In such case, the Customer may be prohibited from re-registering on the Platform. Re-registration despite such prohibition will be treated as a violation of these Terms and Conditions.

  11. The Administrator shall be entitled to prevent (block) access to the data entered by a Client to the Platform's ICT system in the event of:

a. receipt of official notification of the unlawful nature of the stored data or related activities;

b. credible information or becoming aware of the unlawful nature of the stored data or related activities;

c. in the cases mentioned in any applicable regulations.

12. The Administrator attempts to immediately notify the Client of its intention to prevent (block) access to the data. The notification will be sent to the e-mail address or telephone number indicated and confirmed at registration, and in the case of a change in this regard made after the date of registration, to the changed and confirmed e-mail address or telephone number. The notice, referred to in the preceding sentence, will be sent to the Customer, provided that it does not constitute a violation of applicable regulations.

 

                                    

VII. TRANSACTION

  1. Transactions on the Platform are carried out via orders (Customer's request) to buy or sell Digital Assets. The Client submits orders in the Dashboard.

  2.  As part of a Transaction, it is possible to buy or sell:

    a. Digital Assets for FIAT Currencies;
    b. FIAT Currencies for Digital Assets.

  3. Under the Agreement, the Client grants all rights necessary to carry out the Transaction, subject to completion of the sale or purchase in accordance with the parameters for carrying out the Transaction specified by the Client in the Platform.

  4. The Customer selects the payment method and terms to undertake the Transaction as specified in the Dashboard:                    

a. In the case of purchase of Digital Assets:

                     i. The type of Digital Asset that the Customer wishes to purchase;

ii. The amount of Digital Assets the Client wishes to purchase or the amount of FIAT currency the Client is willing to pay for the purchase; and

iii. the rate changes (slippage) accepted by the Customer, under which the Customer agrees to execute the Transaction, which the Customer specifies in percentage terms.

b. In the case of the sale of Digital Assets:

i. The type of Digital Assets that the Client wishes to sell;

ii. The type of FIAT Currency that the Customer wishes to receive for the sale;

iii. the amount of Digital Assets that the Customer wishes to sell, or the value of the FIAT Currencies that the Customer wishes to receive for selling the Digital Assets; and

iv. the rate changes (slippage) accepted by the Client, under which the Client agrees to execute the Transaction, which the Client specifies in percentage terms. 

  1. The sale of Digital Assets is possible only if the Client has previously purchased Digital Assets on the Platform. Receipt of FIAT currencies is possible only to the bank account assigned to the Account, which the Customer has ever used to make a previous transaction for the purchase of Digital Assets.

  2. The minimum/maximum number of sold/purchased Digital Assets is specified in the section of the Dashboard. Lower/higher value transactions, including zero value transactions, are not allowed.

  3. The number of the Digital Asset to be bought/sold is given to 8 decimal places, subject to the fact that this number (precision) may vary depending on the digital asset selected.

  1. The number of FIAT currencies with which the Customer will pay for the purchase/which the Customer wishes to obtain for sale is indicated to 2 decimal places.

  1. The Customer can make payments to purchase Digital Assets only through the payment methods provided on the Platform, as indicated in the Dashboard. 

  1. The Client is solely responsible for the correct transmission of the Digital Assets to the wallet indicated when making the Transaction. Transmission of Digital Assets on the wrong network may prevent their recovery.

  1. The Transaction will be completed only after the User has made payment in the amount indicated at the time of placing the order. The number of Digital Assets or Fiat Currencies that the Customer will receive as a result of the Transaction depends on the exchange rate in effect at the time of the registered payment, provided that the amount received by the Customer may not exceed the change in the exchange rate accepted by the Customer (slippage). The Transaction will be completed using all funds paid by the Customer, at the current exchange rate on the date of registration of the payment. At the time of placing the order, the Customer is informed as to the approximate value of the Digital Assets or Fiat Currencies that the Customer will receive as a result of the Transaction, but the final amount depends on fluctuations in the exchange rate. 

  1. The amount indicated for payment in order to execute the Transaction in accordance with the parameters of the order specified by the Client, includes all costs including the commission due.   

  1. If the amount of FIAT Currencies or Digital Assets exceeds the exchange rate fluctuation accepted by the Client (slippage), the Client will be notified of this in an email, in which he will be asked to make a final decision on finalizing the Transaction. The Client in this case is offered a certain term to make a decision and after this time the Transaction will be canceled.

  2. The exchange rate for each Digital Asset offered during the Transaction is based on the general market situation and the discretion of the Administrator.

  3. All FIAT Currency transfers require the full name, account number and address of the account holder, as well as the title of the transfer required as indicated when placing the order and, in the case of international transfers, the SWIFT number. Failure to meet the above requirement may result in the inability to process the transfer in question.

  4. Incoming transfers in FIAT Currencies are immediately updated according to the sessions of the payment operators with which the Platform cooperates, on weekdays except Saturdays, Sundays and public holidays.

  5. Withdrawals made in FIAT currencies are ordered for execution within 2 (two) business days.

  6. As part of the execution of Transactions, there is an obligation to obtain identification data from Customers.

  7. To the extent described in paragraph 18 above, as part of the execution of the respective Cryptoasset transfers, the Customer should fill out the relevant identification forms (hereinafter: "Form”) as provided by BB TRADE SWITZERLAND and/or BB TRADE ESTONIA.

  8. Completion of the Form by the Customer should take place no later than at the time of execution of the Cryptoasset transfer. A later completion of the Form by the Client, i.e. after the execution of the transfer of Cryptoassets, to the extent of the transfer described in point 4(a) above, is allowed within 3 (three) business days, but no later than within 7 (seven) calendar days. In case of incorrect completion of the Form with regard to the transaction described in point 4(b) above - it will not be possible to make funds available from this transaction. BB TRADE ESTONIA and BB TRADE SWITZERLAND shall not be held responsible for delays in the execution of the transfer of crypto-assets or exchange rate differences related to the completion of the Form by the Client later than the execution of the transfer of crypto-assets. 

  9. Transfers for which the Form has not been completed will be rejected/non-executed. Rejection/non-execution of a Cryptoasset transfer on this basis, will entail:

    1. the need to return the funds to the Initiator of the Cryptoasset transfer, in the form of the amount of the transfer less the value of the fee to the network and/or the operating fee incurred in connection with the return of the transaction, which will depend on the amount and type of the Cryptoasset in question, in effect at the time of execution of the return (hereinafter: Return Value), and which return will be made within 30 calendar days; or

    2. No refund of the transfer of Cryptoassets, if the value of the fee to the network and/or the operating fee associated with the possible return of Cryptoassets to the Initiator of the transfer is higher than the Return Value. 

  1. The refund will be made on the first possible date within the period indicated in Section 21(a). The Return Value depends on the current exchange rate of the cryptocurrency in question and other random factors. BB TRADE SWITZERLAND and BB TRADE ESTONIA shall not be liable for any increase in the amount of the network fee and/or the operating fee depending on the date of the refund.

  2. Information on the amount of fees incurred for the return of transactions to the network and/or operating fees, will be made available to the Customer upon request, by e-mail to email address: [email protected].

  3. In the event that, due to the lack of necessary information or doubts about the correctness of the data provided, the transfer of Cryptoassets cannot be returned (in particular, in the absence of information about the address of the wallet belonging exclusively to the Initiator of the transfer), the Administrator:

    1. will contact the Client in order to obtain the necessary information to enable the return of Cryptoassets;

    2. upon receipt of complete and correct information, will process the return;

    3. if it does not receive the necessary information, will hold the Cryptoassets until it receives a set of satisfactory information to process the return;

    4. shall not be liable for any losses, including, in particular, those resulting from changes in the price of Cryptoassets, caused by the inability to process the return or any delay thereof. 

  4. If any doubts arise as to the authenticity of the information completed in accordance with Section 19 above, BB TRADE ESTONIA and BB TRADE SWITZERLAND are entitled to verify the data provided on their own or by contacting the Customer in the forms described in these Terms and Conditions. The right is reserved to apply appropriate financial security measures to such Customer or User if the application of such measures is justified by the circumstances referred to in the aforementioned paragraphs.

                       

 

VII. LIABILITY                                                                                                                                    

  1. BB TRADE ESTONIA and BB TRADE SWITZERLAND shall not be responsible for the Client's decisions regarding the execution of Transactions. The aforementioned decisions are made individually and independently by the Client, at their own risk and sole responsibility. Any data, materials, information, calculations, analyses, etc. posted on the Platform should not be considered a suggestion or encouragement to make a particular investment decision, nor should it be considered investment advice or a binding market assessment. None of the information posted on the Platform constitutes an investment recommendation or investment advisory activity within the meaning of applicable law.

                                                                                  

  1. The Client is responsible for all of their actions taken after logging into the Platform. The User's use of the services is at the User's own risk, which does not exclude or limit BB TRADE ESTONIA's or BB TRADE SWITZERLAND's liability related to the provision of the services to the extent it cannot be excluded or limited by applicable law.

                                                                                   

  1. BB TRADE SWITZERLAND and BB TRADE ESTONIA shall be liable to the Customer for non-performance or improper performance of the Services to the extent set forth herein, unless the non-performance or improper performance of the Services is a consequence of circumstances for which they are not liable under the law.                                                                         

  2. Use of the Platform through third-party applications, overlays or plug-ins, unknown devices or unsecured networks, or in publicly accessible areas, is at the sole risk of the User or Customer, for which BB TRADE SWITZERLAND and BB TRADE ESTONIA shall not be liable.

  3. BB TRADE ESTONIA and BB TRADE SWITZERLAND shall not be responsible for technical problems or hardware limitations of Users that prevent or hinder the use of the Platform and the Services offered through it.                                                                          

  4. BB TRADE ESTONIA AND BB TRADE SWITZERLAND shall not be liable for in particular, without limitation, the following events:

 

  1. deletion of data entered by Users or Customers into the Platform's information system;

  2. the consequences of Users or Customers providing login data on the Platform to third parties;

  3.  the consequences of Transactions made on the Account, if they have been ordered or made on the Account with a login procedure, using the User's or Customer's login data and two-factor authentication or its API keys;

  4.  the consequences of the actions or omissions of third-party operators or other entities providing services to the Customer in the implementation of the various functionalities of the Platform;

  5. delays in the display of the Platform on devices used by the User or the Customer, created on servers other than the Platform servers or devices used by the User or the Customer;

  6. technical problems or limitations, including the data transmission speed of the computer equipment, terminal device, data communications system and telecommunications infrastructure used by the User or Customer, preventing the User or Customer from using the Platform;

  7. consequences resulting from the User or Client's use of the Platform in a manner inconsistent with applicable law, these regulations, the rules of social coexistence or accepted customs in this regard.               

                       

                 

VIII.   PERSONAL DATA  

  1. The Platform's IT system includes a set of cooperating IT devices and software, providing for the processing and storage, as well as the sending and receiving of personal data through telecommunications networks, by means of a terminal device appropriate for the type of network.                                                                     

  2. Users' personal data is collected in the Platform's system and is processed in accordance with the provisions of all applicable regulations.                                                                                                  

  3. The rules for the processing of personal data used and processed by BB TRADE SWITZERLAND and BB TRADE ESTONIA, as well as the general conditions of the privacy policy, are available on the Platform in the Privacy Policy and the Cookies Policy. These documents are an integral part of these Terms and Conditions and can be retrieved here.

                                                                                                                                                                                                      

IX. COMPLAINTS

  1.  If, in the opinion of the User or Customer, the services provided under the Agreement are not provided in accordance with the provisions of these Regulations, the User or Customer may file a complaint with the Administrator in the manner specified in this paragraph. Complaints will be submitted and processed free of charge.

  1. A complaint may be submitted in the form of:

    1. in writing by sending to the following address: BB TRADE SWITZERLAND AG, address: Dammstrasse 16; 6300 Switzerland;

    2. b. via e-mail sent to the following address: [email protected]

  2.  The complaint should include:

    1. The e-mail address with which the User or Customer logs into the Platform;

    2. The subject of the complaint and the circumstances justifying it,

    3. The proposed method of processing the complaint.

  3.  Complaints will be considered in the order in which they are received. If the complaint does not contain the information necessary to consider it, the Administrator will ask the User to supplement it to the necessary extent. 

  1. Customers submitting a complaint will be informed of the manner in which the complaint was considered in the form in which the complaint was submitted, unless the Administrator decides otherwise.

                                       

   

X.  CHANGE OF TERMS AND CONDITIONS

  1.  BB TRADE SWITZERLAND and BB TRADE ESTONIA shall be entitled to amend the Terms and Conditions at any time, and such amendment shall become effective on the date specified by BB TRADE SWITZERLAND and BB TRADE ESTONIA. Each User and Customer will be informed of the amended Terms and Conditions via an email sent to the email address assigned to their Account.

  2. If the Client does not accept the changes to the Terms and Conditions they must immediately notify the Administrator, in writing or via e-mail to: [email protected]. In such case, the Agreement shall be terminated as of the effective date of the amended Terms and Conditions.

  3. A change of applicable regulations or industry practice like amendments to the List of Unacceptable Countries and Regions resulting from dynamic changes related to international guidelines and compliance with international anti-money laundering and counter-terrorist financing sanctions and procedures shall not constitute an amendment to the Terms and Conditions.

 

 

XI. TRANSACTION SECURITY PROCEDURES

  1. If there is a reasonable suspicion that an illegal activity has been committed, in particular, a suspicion that the funds or Digital Assets involved in a Transaction are from an illegal source, the Administrator shall have the right to block the Transaction in question and notify any law enforcement and judicial authorities of the suspicion. The notification will be made regardless of other actions taken by the Administrator on its own. Until doubts are clarified (e.g., by re-verifying the User or Customer) or an appropriate order is obtained from a competent authority, the Account may be blocked.  

  2. In case of suspicion or finding that the Customer's data is incomplete, incorrect or outdated, the Administrator shall have the right to require the Customer to undergo a new KYC verification procedure or send additional documents justified by the circumstances of the incident.

  3. Acceptance of these Terms and Conditions includes the Client's consent to any re-verification. 

  4. Subsequent execution of a Transaction after its prior suspension or blocking of the Account, or the return of funds after the suspension or blocking of a Transaction, due to actions resulting from a violation of the Terms and Conditions by the User or the Customer or actions of the Administrator based on the provisions of the Terms and Conditions (e.g., the need to carry out a re-verification procedure), shall not entitle the User or the Customer to direct any claims against BB TRADE SWITZELAND or BB TRADE ESTONIA for any reason, in particular in terms of lost benefits.

  5. The procedures indicated in this paragraph shall also apply if the Customer performs transactions on behalf of third parties on the basis of a dedicated authorization. In such case, the verification of such Client, in addition to the procedure described in Section 2 above, may consist, in particular, of requesting the Client to provide data allowing full verification of the third parties for whom the transactions are carried out, in accordance with the provisions of Section 2 above, and to demonstrate the authorization to carry out transactions on behalf of such third parties.

  6. In the case referred to in paragraph 5 above, the provisions of this paragraph shall apply accordingly.

  7. If the Customer in their contacts with the Administrator, in particular when filing complaints or pursuing claims, acts through a proxy, it is required to grant a power of attorney in the form of a notarized deed or with a notarized signature, or to confirm the fact of granting the power of attorney by the User or the Customer in by means of video verification. 

  8. If necessary, without the need to obtain the consent of the Client, the Administrator shall transfer to the authorities referred to in Section 1 above the data in its possession concerning the identity of the User or Client, both those indicated by the User or Client himself, obtained in the verification procedure referred to in Section 2 above, as well as other information concerning their activity on the Platform. 

                                                                       

XII. FINAL PROVISIONS                                                                       

  1. The Agreement shall in all respects be governed and construed in accordance with Swiss law under the exclusion of its private international law provisions and international treaties. This choice of law does not override any mandatory consumer protection provisions applicable under the laws of the Customer's domicile. 

  2. Any dispute, controversy, or claim arising out of or in connection with this Agreement, including its conclusion, validity, invalidity, breach, or termination, shall be subject to the exclusive jurisdiction of the competent courts at the Administrator’s registered office. This shall not apply where the Customer qualifies as a consumer under the applicable laws referenced in paragraph 1 above. In such cases, jurisdiction shall be determined in accordance with the mandatory consumer protection rules governing venue and competence.