Terms and Conditions Tinkbit OÜ

Welcome to Tinkbit!  As you have just clicked our Terms of Service, please pause, grab a cup of coffee and carefully read the following pages. It will take you approximately 20 minutes.
These Terms of Use (“Terms”) apply to the access and use of the exchange virtual currency against fiat currency and vice versa service as well as other ancillary services (“Services”) provided by Tinkbit OÜ available via the webpage www.tinkbit.com and any mobile application(“Website”). These Terms constitute an agreement between the customer (“You” or “your”) and Tinkbit OÜ (registry code 14828576, address Peterburi tee 47, 11415 Tallinn, Estonia), and its wholly owned subsidiaries (“Tinkbit Technologies” or “we”, “our”, “us”). Please be aware that we may revise these Terms from time to time.
Therefore, the Terms may be changed or amended. Any changes or amendments will be published on the Website and sent to your registered e-mail to notify you about the updates of the Terms. A notice about changes will be posted on the Website’s homepage for a reasonable period of time prior to such changes coming into force. The effective date which is at the top of the Terms informs you about the latest version of the Terms.
We advise you to revisit this page from time to time to make sure you are familiar with the current version of the Terms. By continuing to access and use the Website or the Services after we have posted changes on the Website and after notifying you by email, you are agreeing to accept the updated Terms. If you do not agree to any updated Terms, you must stop using the Website or the Services.
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here https://tinkbit.com/privacy-policy/.
Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at [email protected] so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.
Thank you for being responsible.

1. DEFINITIONS

“Account” The contractual arrangement wherein a Tinkbit Member has accepted our Terms of Use and Privacy Policy , and received approval to use the Tinkbit Services, including the purchase and sale of Digital currencies and to perform associated Transactions. 
“Anti-Money Laundering and Know Your Customer Policy” means Policy, aimed at prevention of laundering of money derived from criminal activity and financing of terrorism, which constitutes an essential part of the present Agreement, which text is available at https://tinkbit.com/aml-policy/
“Application Programming Interfaces” or “API” means Tinkbit.com technology, which may include object code, software libraries, software tools, sample source code, published specifications and documentation. API shall include any future, updated or otherwise modified version(s) thereof furnished by Tinkbit.com (in its sole discretion) to Licensee. 
”Buyer(s)” Member(s) that are submitting an offer to buy Digital currency through the Service.
”Crypto Assets” shall mean such type of assets which can only and exclusively be transmitted by means of blockchain technology, including but not limited to digital coins and digital tokens and any other type of digital mediums of exchange, such as Bitcoin, Ethereum, Ripple, etc, to the full and absolute exempt of the securities of any kind. 
”Commission” The fee which is payable to Tinkbit.com on each Transaction, such as a Bitcoin Purchase Transaction. 
”Digital” Peer-to-Peer internet currency. 
“Deposit” means remittance of Funds to the User Account on Tinkbit.com 
“Funds” means the amount of Fiat money and/or Crypto assets used during the execution of Transactions. 
“Force Majeure” shall be understood as any event beyond Tinkbit’s reasonable control, including but not limited to the flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, suspension of bank accounts of any kind, extraordinary leaps of the course of crypto asset, communications, network or power failure, or equipment or software malfunction or any other cause beyond Tinkbit’s reasonable control. “Governmental Authority” means any national, federal, state, provincial, county, municipal or local government, foreign or domestic, or the government of any political subdivision of any of the foregoing, or any entity, authority, agency, ministry or other similar body exercising executive, legislative, judicial, regulatory and/or administrative authority or functions of or pertaining to government, including any authority or other quasi-governmental entity established to perform any of such functions.
”Member(s) ” Buyers and Sellers as well as any holder of an Account. Personal Information: Information that identifies an individual, such as name, address, email address, trading information, and banking details. “Personal Information” does not include anonymized and/or aggregated data that. does not identify a specific user. 
”Price” The “price per coin” for which Members are willing to purchase Digital currencies, using the Service in a Digital currency Purchase Transaction. The Price may be expressed in any of the currencies deposited by Members in their Account and supported by the Service. See our Site for a full list of currencies.
”Seller(s)” Member(s) that are submitting an offer to sell Digital currencies through the Service.
”Service(s)” The technological platform, functional rules and market managed by Tinkbit. to permit Sellers and Buyers to perform purchase and sale transactions of Digital currencies.

“Transaction” Includes the following:

a) The agreement between the Buyer and the Seller to exchange Digital currencies through the Service for currencies at a commonly agreed rate (“Digital Currency Purchase Transaction”);

b) The conversion of currencies into Digital currencies deposited by Members on their Account (“Conversion Transaction”);

c) The transfer of Digital currencies among Members (“Digital Currency Transfer Transaction”);

d) The transfer of currencies among Members (“Currency Transfer Transaction”); and

e) The purchase of ancillary products (“Purchase Transactions”).

Tinkbit may not offer all of these types of transactions at this time or in all places.
“Transaction Price” The total price paid by the Buyer in respect of each Transaction performed through the Service.
“User” means a capable under personal law natural person or legal entity who uses the Services, registered on the Site according to the User Agreement and holds the Personal Account on the Site. 
”User Account” means a set of protected pages created as a result of User registration, with the help of which User has the ability to perform transactions and keep records of his activity on the Service. 
”Withdrawal” and any term derived means an operation involving a transfer of Funds from the User’s Account.

2. ACCEPTANCE OF TERMS

2.1. Please read these terms of use in full before you use this Website. If you do not accept these terms, please do not use this Website. Using the Website implies that you accept these terms.

2.2. Access to and use of the website with the URL www.tinkbit.com (hereinafter referred to as the ‘Website’), as well as any information contained in the Website are subject to these terms of use (hereinafter referred to as the ‘Terms of Use’).

2.3. By using this website (“Site”), registering for a Tinkbit.com Account (“Account”), or using any of our other Tinkbit.com Services, you (“you, your, or yourself”) are agreeing to accept and comply with these Terms of Use. As used in these Terms of Use, “Tinkbit.com” refers to the company Tinkbit OÜ, including, without limitation, its owners, directors, investors, employees or other related parties. Depending upon the context, “Tinkbit” may also refer to the services, products, website, content or other materials (collectively, “Tinkbit Services”) provided by Tinkbit.com.

2.4. The Service operated by Tinkbit.com allows buyers (“Buyers”) and sellers (“Sellers”), to buy and sell digital currencies known as “Bitcoins”, “Ethereum”, “Litecoin” etc.

2.5. The Service operated by Tinkbit.com also allows all registered users of the Service (“Members”) to:

a) Transfer digital currencies to other Members or other users of digital currencies outside the Tinkbit site.
b) Use digital currencies for purchasing goods and services.

2.6. Any new services which may be offered through the Website shall also be subject to these Terms of Use.

2.7. Depending on your country of residence, you may not be able to use all the functions of the Site. It is your responsibility to follow the 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, Tinkbit grants to you a personal, non-exclusive, nontransferable, non-sublicensable and limited right to enter and use the Site and the Service.

2.8. IF YOU DO NOT ACCEPT THE TERMS OF USE AND CONDITIONS OUTLINED IN THIS AGREEMENT, DO NOT ACCESS THIS SITE AND DO NOT USE THIS SERVICE.

2.9. By opening an Account, you expressly represent and warrant:

a) You have accepted these Terms of Use; and

b) You are at least 18 years of age and have the full capacity to accept these Terms of Use and enter into a transaction involving Bitcoins;

c) Have not previously been suspended or removed from our Site;

d) Have full power and authority to enter into this legal relationship and by doing so will not violate any other legal relationships;

e) Use our Site with your own e-mail and for your own benefit and do not act on behalf and/or to the interest of any other person;

3. RISK FACTORS

3.1. The trading of goods and products, real or virtual, as well as virtual currencies involves significant risk. Prices can and do fluctuate on any given day. Due to such price fluctuations, the value of your assets may increase or decrease at any given moment. Any currency – virtual or not – may be subject to large swings in value and may even become worthless. There is an inherent risk that losses will occur as a result of buying, selling or trading anything on a market.

3.2. Digital currency trading also has special risks not generally shared with official currencies or goods or commodities in a market. Unlike most currencies, which are backed by governments or other legal entities, or by commodities such as gold or silver, Bitcoin is a unique kind of “fiat” currency, backed by technology and trust. There is no central bank that can take corrective measure to protect the value of digital currency in a crisis or issue more currency.

3.3. Instead, digital currency is an as-yet autonomous and largely unregulated worldwide system of currency firms and individuals. Traders put their trust in a digital, decentralized and partially anonymous system that relies on peer-to-peer networking and cryptography to maintain its integrity.

3.4. Digital currency trading is probably susceptible to irrational (or rational) bubbles or loss of confidence, which could collapse demand relative to supply. For example, confidence might collapse in Bitcoin because of unexpected changes imposed by the software developers or others, a government crackdown, the creation of superior competing alternative currencies, or a deflationary or inflationary spiral. Confidence might also collapse because of technical problems: if the anonymity of the system is compromised, if money is lost or stolen, or if hackers or governments are able to prevent any transactions from settling.

3.5. There may be additional risks that we have not foreseen or identified in our Terms of Use. You should carefully assess whether your financial situation and tolerance for risk is suitable for buying, selling or trading digital currencies.

3.6. We use our banking providers in order to receive client moneys and make payments. Our banking providers DO NOT transfer digital currencies, exchange digital currencies, or provide any services in connection with digital currencies.

4. INTELLECTUAL PROPERTY

4.1. Unless otherwise specified, all Materials on this Site are the property of Tinkbit and are protected by copyright, trademark and other applicable laws. You may view, print and/or download a copy of the Materials from this Site on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices and that you do not modify any content without our consent. Material on this website must not be republished online or offline without our prior written permission.

4.2. The trademarks, service marks, copyright, intellectual property rights and logos of Tinkbit.com and others used in this Site (“Trademarks”) are the property of Tinkbit and their respective owners. The software, text, images, graphics, data, prices, trades, charts, graphs, video and audio used on this Site belong to Tinkbit. The Trademarks and Material should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, whether manual or automated. The use of any such Materials on any other Site or networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

4.3. Service and its original content, features and functionality are and will remain the exclusive property of Tinkbit and its licensors. Service is protected by copyright, trademark. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Tinkbit.

5. MAINTAINING YOUR ACCOUNT

5.1. This Site is for your personal and non-commercial use only. We are vigilant in maintaining the security of our Site and the Service. By registering with us, you agree to provide Tinkbit.com with current, accurate, and complete information about yourself as prompted by the registration process, and to keep such information updated. You further agree that you will not use any Account other than your own, or access the Account of any other Member at any time, or assist others in obtaining unauthorized access.

5.2. The creation or use of Accounts without obtaining the prior express permission from Tinkbit.com will result in the immediate suspension of all said Accounts, as well as all pending purchase/sale offers. Any attempt to do so or to assist others (Members or otherwise), or the distribution of instructions, software or tools for that purpose, will result in the Accounts of such Members being terminated. Termination is not the exclusive remedy for such a violation, and Tinkbit may elect to take further action against you.

5.3. You also are responsible for maintaining the confidentiality of your Account information, including your password, safeguarding your own digital currencies, and for all activity including Transactions that are posted to your Account. If there is suspicious activity related to your Account, we may, but are not obligated, to request additional information from you, including authenticating documents, and to freeze any transactions pending our review. You are obligated to comply with these security requests, or accept termination of your Account. You are required to notify Tinkbit immediately of any unauthorized use of your Account or password, or any other breach of security, by email addressed to [email protected] Any Member who violates these rules may be terminated, and thereafter held liable for losses incurred by Tinkbit or any user of the Site.

6. USER OBLIGATIONS

6.1. The User is forbidden from carrying out activities which have the purpose of rendering the Website defective, useless, overloading the Website or to hinder, complicate or delay its use or operation. The User is also forbidden to use the Website for fraudulent purposes, or to engage in any conduct which may damage or negatively affect the image, interests or rights of Tinkbit.com or any third parties.

6.2. The User shall be liable for damages caused to Tinkbit or third parties as a consequence of the breach of the obligation set forth in this paragraph. Tinkbit expressly reserves the right to exercise all actions to which it may be entitled by Law.

6.3. With the exception of personally identifiable information, the use of which is covered under our Privacy Policy, any material you send or post to this Website shall be considered non-proprietary and not confidential. Unless you advise to the contrary we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.

6.4. When using this Website you shall not post or send to or from this Website any material:

a) For which you have not obtained all necessary consents;

b) That is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to Estonian law;

c) Which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

6.5. Tinkbit.com has procedures to prevent its business from being used for money laundering or terrorist financing. In order to ensure compliance with adopted rules, Tinkbit may need to request additional information required by current Anti-Money Laundering (AML) Rules’. We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website.

6.6. Finally, you agree that you will not use the Service to perform criminal activity of any sort, including but not limited to, money laundering, terrorist financing, or malicious hacking.
6.7. The minimum allowable trade is $5.

7. SECURITY MEASURES, AML AND KYC POLICY

7.1. Tinkbit.com takes all appropriate measures and implement the best standards of compliance with all applicable laws and regulations regarding Anti-Money Laundering. Tinkbit will make reasonable efforts to detect and prevent people engaged in any criminal activity in any jurisdiction from using the Service. To prevent and mitigate possible risks of Tinkbit being involved in any kind of illegal activity the AML/KYC Policy was adopted (https://tinkbit.com/aml-policy/).

7.2. By accepting this Terms of Use Agreement, Users confirm that they own Funds legally. If the Funds of third parties are used to make Transaction through the Service, then the Users themselves are liable for the eligibility of these Funds.

7.3. If Tinkbit has the grounds to suppose that the User is willing to commit a suspicious transaction it may at its discretion: to refuse to render the Services upon certain Order; (i) request additional information proving legitimate character of the operation; (ii) to block access of the User to the User account; (iii) to terminate the User Agreement without prior notice of the User.

8. PROHIBITED USES

8.1. You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

a) In any way that violates any applicable national or international law or regulation.

b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

c) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

d) To impersonate or attempt to impersonate Tinkbit, a Tinkbit employee, another user, or any other person or entity.

e) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Tinkbit or users of Service or expose them to liability.

8.2. Additionally, you agree not to:

a) Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.

b) Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.

c) Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.

d) Use any device, software, or routine that interferes with the proper working of Service.

e) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.

g) Attack Service via a denial-of-service attack or a distributed denial-of-service attack.

h) Take any action that may damage or falsify Tinkbit rating.

i) Otherwise attempt to interfere with the proper working of Service.

9. NO USE FOR MINOR

9.1. Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of Tinkbit’s Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.

10. ACCOUNTS

10.1. When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

10.2. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

10.3. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

10.4. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

11. PERSONAL INFORMATION

11.1. Personal Information of users are collected, storaged, distributed and protected according to the Privacy Policy which text is available at https://tinkbit.com/privacy-policy/. Please refer to this document.

12. ERROR REPORTING AND FEEDBACK

12.1. You may provide us directly at [email protected] with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that:

a) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback;

b) Tinkbit may have development ideas similar to the Feedback;

c) Feedback does not contain confidential information or proprietary information from you or any third party; and

d) Tinkbit is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Tinkbit and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

13. RETURNS AND REFUNDS POLICY

13.1. You must submit a refund address for every Transaction in the event that a refund is required in accordance with our terms below. Failure to submit a refund address at the time of a Transaction may result in your ineligibility to receive a refund. To submit a refund request, complete and submit the form that can be retrieved by contacting our support at [email protected]

14. FORM OF REFUND

14.1. If an error occurs with a User’s Transaction or interface on the User’s side of the Transaction, the “Order Status” page will indicate whether or not the failed Transaction will result in a refund of the User’s deposited asset or the outgoing asset which the User was purchasing. In most cases, the asset sold by Tinkbit or the user will be refunded to the User if the Order Status page indicates the Transaction failed by displaying “failed,” or the Transaction is stuck in “awaiting” “pending confirms,” or “awaiting” stages. In most cases, the outgoing asset will be sent to the User if the Order Status indicates a successful Transaction by displaying “Done” or “Completed.” Tinkbit will handle requests from Users on a case by case basis. Any decisions by Tinkbit with respect to the refunds or exchanges are final.

15. REFUND FEES

15.1 All Transactions from Tinkbit to a user’s outgoing asset wallet are subject to all posted fees, including, but not limited to, incoming and outgoing miner fees, which may be deducted from any refund.

16. REFUND PERIOD

16.1. Users have a maximum of ninety (90) days to reclaim any assets that are held in the Tinkbit system due to any error, whether by you or us. Refund requests submitted after such period will not be refunded. Any decisions by Tinkbit with respect to refunds in these circumstances are final.

17. MINIMUM REFUND AMOUNTS

17.1. Transactions under the amount posted on fee schedule on the Website are too small to be refunded due to the mining fee and administrative costs. Tinkbit will not refund any assets that are worth less than the posted amount. Users are advised not to use the service for orders under this size. User Transactions that do not confirm within forty-eight (48) hours of being detected will be cancelled. Refund requests will be provided in accordance with our Returns and Refund Policy.

18. TERMINATION AND ESCROW OF UNVERIFIED ACCOUNTS

18.1. You may terminate this Agreement with Tinkbit, and close your Account at any time, following settlement of any pending transactions.

18.2. Notwithstanding any other provision of this Agreement, User acknowledges and agrees that Tinkbit has the right to immediately terminate the User Account, to lock any Funds in this User Account, and terminate access to the Service in the following cases:

a) there is any suspect or the fact of violation of the User Agreement, Privacy Policy, or any applicable laws and regulations;

b) this User Account and activities of User became the subject to a criminal investigation or other pending administrative proceeding or litigation;

c) Tinkbit detected unusual and suspicious activity in the User Account;

d) in case of unauthorized access to the User Account;

e) Tinkbit was required to do so by a court order or the order of regulatory/government authority.

18.3. You also agree that Tinkbit may, by giving notice, in its sole discretion terminate your access to the Site and to your Account, including without limitation, our right to: limit, suspend or terminate the service and Members’ Accounts, prohibit access to the Site and its content, services and tools, delay or remove hosted content, and take technical and legal steps to keep Members off the Site if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of these Terms. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate Accounts of Members for any reason, including without limitation:

a) attempts to gain unauthorized access to the Site or another Member’s account or providing assistance to others’ attempting to do so,

b) overcoming software security features limiting use of or protecting any content,

c) usage of the Service to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities,

d) violations of these Terms of Use,

e) failure to pay or fraudulent payment for Transactions,

f) unexpected operational difficulties, or

g) upon the request of law enforcement or other government agencies, if deemed to be legitimate and compelling by Tinkbit.com, acting in its sole discretion.

18.4. User acknowledges that Tinkbit shall have the right to restrict his/her access to, or to impose limits or suspend his use of, the Site (including capacity to place Orders and enter into Transaction, or to discontinue transmitting any data or other information, or to refuse to enter into, facilitate or process any or all Transaction, if in the Tinkbit’s sole discretion any of the following circumstances occur or Tinkbit considers such circumstance to be likely to occur:

a) full or partial failure of the Site, including failure of any of the technology constituting the Site or any of the communications links within the Site or between the Site and any other Person or counterparty, or any other circumstance where Tinkbit considers in its reasonable discretion that it is not practicable for Tinkbit to provide access to the Site;

b) a breach in the security of the Site;

c) in order to comply with Law (including but not limited to the prohibition of or restrictions in respect of any Crypto currency).

18.5. Any actions taken by Tinkbit pursuant to this Section 18 shall continue for such time as Tinkbit shall in its reasonable and sole discretion consider necessary or desirable. User agrees that it shall be a material breach of this Agreement to evade, or attempt to evade, any suspension, restriction or limitation imposed under this Section 18 of the Agreement; and Tinkbit shall not at any time be obliged to take any action permitted under this Section 18.

18.6. In addition, User acknowledges and agrees that if any of the circumstances enumerated in through this Section 18 occurs at any time, Tinkbit may cancel the Transaction previously executed by the User through the Site so long as Tinkbit immediately notifies User of any such cancellation.

18.7. Should the User Account be terminated, the User Account and Personal Information required for meeting data retention standards will be securely stored for five years.

18.8. Once the User Account is closed in a normal regime and without violation of User agreement or based on cases mentioned the User agreement, the User will have 5 working days to withdraw all Funds from the User Account.

18.9. In the event of termination of User Agreement due to its violation by User (including but not limited to the use of the Service by persons from the Restricted Jurisdictions, or as part of the investigation of fraudulent transactions and the fight against money laundering, Tinkbit cancels User’s Account, and has the right to impose a penalty on the amount of the entire balance of Funds held in the User’s Account.

18.10. We expressly reserve the right to cancel and/or terminate Accounts that have not been verified by the Client despite our good faith efforts to contact you seeking such verification (“Unverified Accounts”). All Unverified Accounts which have been inactive for a period of 6 months or more are further subject to transfer to a third-party escrow (the “Unverified Escrow”), and will no longer be maintained or be the legal responsibility of Tinkbit.com AB. The administrator/trustee of the Unverified Escrow shall make any and all additional reasonable efforts required by law to determine and contact each Unverified Account owner and, after suitable effort and time, will donate any residual Bitcoin or cash in these unclaimed Unverified Accounts to a nonprofit group or groups involved in the Bitcoin ecosystem.

18.11. The suspension of an Account shall not affect the payment of the commissions due for past Transactions. Upon termination, Members shall communicate a valid bank account to allow for the transfer of any currencies credited to their account. Said bank account shall be held by the Member. Digital currencies may be transferred to a valid bank account only after conversion into a currency. Tinkbit shall transfer the currencies as soon as possible following the Member’s request in the time frames specified by Tinkbit.

18.12. Tinkbit will send to you the credit balance of your Account, however in circumstances a number of intermediaries may be involved in an international payment and these or the beneficiary bank may deduct charges. We will use reasonable efforts to ensure that such charges are disclosed to you prior to sending your payment, however where they cannot be avoided, you acknowledge that these charges cannot always be calculated in advance, and that you agree to be responsible for such charges.

18.13. Upon Account closing, any amount less than $5 in value will not be returned.

19. AVAILABILITY OF SERVICES

19.1. 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 and we will not be liable if this website is unavailable at any time.

19.2. We will use reasonable endeavors 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 or the Website may be temporarily unavailable due to issues such as system failure or for reasons beyond our control. We will make reasonable efforts to give you notice of any interruption however you acknowledge that this may not be possible in an emergency.

20. APIs AND WIDGETS

20.1. We may provide access to certain parties to access specific data and information through our API (Application Programming Interface) or through widgets. We also may provide widgets for your use to put our data on your Site. You are free to use these in their original unmodified and un-altered state.

21. EXTERNAL WEBSITES

21.1. Tinkbit.com makes no representations whatsoever about any outside or third party website which you may access through the Site. Occasionally, the Tinkbit website may provide references or links to other websites (“External Websites”). We do not control these third party sites or any of the content contained therein. You agree that we are in no way responsible or liable for External Websites referenced or linked from the Tinkbit.com website, including, but not limited to, website content, policies, features, promotions, products, opinions, advice, statements, prices, activities and advertisements, services or actions and/or any damages, losses, failures or problems caused by, related to, or arising from those sites. You shall bear all risks associated with the use of such content.

21.2. External Websites have separate and independent terms of use and related policies. We request that you review the policies, rules, terms, and regulations of each site that you visit. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.

21.3. It is forbidden to create links to the Website, unless the link has previously been authorized by Tinkbit. However, the authorization which Tinkbit may give to third parties’ websites to include links to the Website will not imply approval or promotion by Tinkbit of such websites.

21.4. Authorized links can only direct to the home page of the Website, and cannot consist of frames that allow the Website to be viewed on third parties’ websites or show any contents or information from the Website on other websites.

21.5. Third parties’ websites on which the link may appear must not contain any misrepresentation, or inaccurate, false or incorrect information about the Website, Tinkbit or any of the persons or entities related to Tinkbit., and must comply with the Law.

21.6. The content of such third parties’ websites must be legal and appropriate in respect of the services provided by Tinkbit, and could not lead the User to think that Tinkbit agrees with such content.

21.7. If you choose to link to our website in breach of the above you shall fully indemnify us for any loss or damage suffered as a result of your actions.

21.8. Our Service may contain links to third party web sites or services that are not owned or controlled by Tinkbit.

21.9. Tinkbit has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

21.10. YOU ACKNOWLEDGE AND AGREE THAT Tinkbit SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

21.11. WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

22. FINANCIAL ADVICE

22.1. For the avoidance of doubt we do not provide any investment advice in connection with the Services contemplated by these Terms of Use. We may provide information on the price, range and volatility of Digital currencies and events that have affected the price of digital currencies but this is not considered investment advice and should not be construed as such. Any decision to purchase or sell Digital currencies is your decision and we will not be liable for any loss suffered.

23. FINANCIAL REGULATION

23.1. Our business model, and our Service, consists of facilitating the buying and selling of Digital currencies such as Bitcoin, Litecoin, Ethereum and BitcoinCash and their use to purchase goods in an unregulated, international open payment system. The Services we provide are regulated within the Laws of Estonia.

24. EMAIL

24.1. Email messages sent over the Internet are not secure and Tinkbit is not responsible for any damages incurred by the result of sending email messages over the Internet. We suggest sending email in encrypted formats; you are welcome to send PGP encrypted emails to us. The instructions and keys to do so are available upon request.

25. DISCLOSURES TO LEGAL AUTHORITIES AND AUTHORIZED FINANCIAL INSTITUTIONS

25.1. We may share your Personal Information with law enforcement, data protection authorities, government officials, and other authorities when:

a) Required by law;

b) Compelled by subpoena, court order, or other legal procedure;

c) We believe that the disclosure is necessary to prevent physical harm or financial loss;

d) Disclosure is necessary to report suspected illegal activity; or

e) Disclosure is necessary to investigate violations of our Terms of Use or Privacy Policy. With respect to US residents, we also may share your information with other financial institutions as authorized under Section 314(b) of the US Patriot Act, and with tax authorities, including the US Internal Revenue Service, pursuant to the Foreign Account Tax Compliance Act (“FATCA”), to the extent that this statute may be determined to apply to Tinkbit OÜ. “Personal Information” refers to information that identifies an individual, such as name, address, e-mail address, trading information, and banking details.

f) “Personal Information” does not include anonymized and/or aggregated data that does not identify a specific user.

26. INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION

26.1. We store and process your Personal Information in data centers around the world, wherever Tinkbit.com facilities or service providers are located. As such, we may transfer your Personal Information outside of the European Economic Area (“EEA”). Such transfers are undertaken in accordance with our legal and regulatory obligations.

27. JURISDICTION AND GOVERNING LAW

27.1. This Terms of Use Agreement shall be governed by and construed and enforced in accordance with Estonian Law and therefore no representations or warranties are granted as to the compliance of the content of the Website or the services offered through it with the laws of any other country or jurisdiction. Any dispute(s) arising in connection with this Website are subject to the exclusive jurisdiction of Estonia.

27.2. Should there be any disputes regarding matters stipulated herein, the Parties shall take all measures possible to resolve them by negotiations.

27.3. Should the Parties fail to reach an agreement by means of negotiations, any dispute arising from this Terms of Use Agreement or related hereto, shall be referred to and finally resolved in accordance with Laws of Estonia.

27.4. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

28. LIMITATION OF LIABILITY

28.1. Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liable or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website.

28.2. To the extent permitted by law, Tinkbit will not be held liable for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss unless the loss suffered arises from negligence or willful deceit or fraud. Nothing in these terms excludes or limits the liability of either party for fraud, death or personal injury caused by its negligence, breach of terms implied by operation of law, or any other liability which may not by law be limited or excluded.

28.3. Subject to the foregoing, Tinkbit’s aggregate liability in respect of claims based on events arising out of or in connection with any single Member’s use of the Site and/or Service, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the greater of either (a) the total amount held on Account for the Member making a claim less any amount of Commission that may be due and payable in respect of such Account; or (b) 125% of the amount of the Transaction(s) that are the subject of the claim less any amount of Commission that may be due and payable in respect of such Transaction(s).

29. INDEMNITY

29.1. To the full extent permitted by applicable law, you hereby agree to indemnify and hold Tinkbit, and its partners harmless against any action, liability, cost, claim, loss, damage, proceeding or expense suffered or incurred whether directly or not directly, consequential or special, or any other damages of any kind, including, but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, originated from or in any way connected with invalidity or breach or any of the warranties, representations and covenants of this section and arising from your use of Tinkbit’s Site, your use of the Service, or from your violation of these Terms of Use.

30. MISCELLANEOUS

30.1. If we are unable to perform the Services outlined in the Terms of Use due to factors beyond our control including but not limited to an event of Force Majeure, change of law or change in sanctions policy we will not have any liability to you with respect to the Services provided under this agreement and for a time period coincident with the event.

31. MODIFICATION OF TERMS

31.1. Tinkbit reserves the right to change, add or remove portions of these Terms, at any time, in an exercise of its sole discretion. You will be notified of any changes in advance through your Account. Upon such notification, it is your responsibility to review the amended Terms. Your continued use of the Site following the posting of a notice of changes to the Terms signifies that you accept and agree to the changes, and that all subsequent transactions by you will be subject to the amended Terms.

31.2. We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

31.3. We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

31.4. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

31.5. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

32. WAIVER AND SEVERABILITY

32.1. No waiver by Tinkbit of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Tinkbit to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

32.2. If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

33. DISCLAIMER OF WARRANTY

33.1. We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the veracity, accuracy or legality of the content of the Website. We may modify or shut down the Website at any time, to delete contents of the Website or to modify them in any other way, and without notice. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.

33.2. The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website.

33.3. THESE SERVICES ARE PROVIDED BY TINKBIT ON AN “AS IS” AND “AS AVAILABLE” BASIS. TINKBIT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

33.4. NEITHER TINKBIT NOR ANY PERSON ASSOCIATED WITH TINKBIT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER TINKBIT NOR ANYONE ASSOCIATED WITH TINKBIT REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

33.5. TINKBIT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

33.6. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

34. ACKNOWLEDGEMENT

34.1. BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

34.2. By accepting the Terms of Use the User acknowledges and accepts any risks associated with all Transactions, agrees to be bound by the Terms of Use, and acknowledges and accepts the following and any other risks.

34.3. The User guarantees that he/she understands general principles of work with Crypto assets and is aware of Crypto assets of the following characteristics affecting its value and risks related to it mainly price volatility and transparency. User should understand there is a greater risk that he/she may not receive a fair and accurate price for the underlying cryptocurrency when trading.

34.4. User has to consider his/her financial position. The User has to be rational and do not invest money he/she cannot afford to lose.

34.5. Tinkbit.com is not a broker, agent or advisor and has no fiduciary relationship or obligation to User in connection with any transaction, decisions or activities effected by his/her using the Services.

34.6. Any data, prices, news, opinions, researches, analyses and/or any other information contained on the Site is provided as general market commentary, and does not constitute an investment advice.

34.7. The User assumes risks and responsibility in case of withdrawal of Funds acquired by him outside the Service.

35. IDENTIFICATION OF THE ENTITY THAT OWNS THE WEBSITE

35.1. The Website is owned by the Estonian Company : Tinkbit OÜ with registered address: Peterburi tee 47, 11415 Tallinn, Estonia

36. CONTACT US

36.1. 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 [email protected]