Terms of Service

Last update: 1 June, 2019.

TERMS OF SERVICE

These Terms of Service are between (1) You; and (2) BCB Coinstrike Limited, of 71-75 SHELTON STREET, LONDON, GREATER LONDON, WC2H 9JQ, a company registered in England and Wales with registration number 11982321.

These Terms of Service are in connection with your use and access to the Services provided to you by BCB Coinstrike Limited.

Your Agreement with us comprises our (i) Terms of Service, (2) Cookie and Privacy Policy and (3) AML and KYC Policy, as may be amended by us from time to time.

 

1. RIGHTS AND OBLIGATIONS
The following terms and conditions (the “Terms”) constitute a binding agreement between BCB Coinstrike Limited, and its subsidiaries (referred to as “BYCOI”, and the person, persons, or entity (“You” or “Your”) accessing and/or using :

The services provided by your use of BYCOI’s centralized blockchain and wallet (as described below in chapter 2.1)
is referred as the “Services”.

Please read through this agreement carefully.  By accessing and/or using the Services, You have read, understood, and accepted all of the following Terms and agree to be legally bound by these Terms.  You further represent and warrant that: (i) You are of legal age to enter into a binding agreement; and (ii) if You represent a corporation, governmental organization or other legal entity, You have the right, power and authority to enter into these Terms on behalf of such corporation, governmental organization or other legal entity and to legally bind it to these Terms.

Your access and/or use of the Services is contingent upon Your acceptance of these Terms.

BYCOI may amend these Terms at any time. Amendments will be effective 14 (fourteen) days after the modified terms and conditions have been posted on BYCOI’s website at https://bycoi.io, except for amendments that relate to new features or made for legal reasons, which will become effective immediately. If You do not agree to such modified terms, You should discontinue Your use of the Services.

2. SERVICES
THE WALLET
BYCOI enables You to create one or more digital multi-signature, non-custodial, cryptocurrency wallets for certain supported cryptocurrencies and digital assets (the “Wallet”) that lets You store, send, request and receive supported cryptocurrencies and digital assets. All transactions requested and/or made through the Wallet are irreversible.

The Wallet is not and shall not be deemed as an account where BYCOI or other third parties serve as custodians of Your cryptocurrencies or digital assets.

The Wallet is for use with BYCOI virtual currency (BYC) and with any other cryptocurrencies or digital assets that BYCOI may explicitly decide to support in the future at its sole discretion. BYCOI has no obligation to support any cryptocurrencies or digital assets (including but not limited to any fork coins, altcoins, airdrops or any other cryptocurrencies or digital assets, however named). BYCOI takes no responsibility or liability in connection with any attempt to use Your Wallet for cryptocurrencies or digital assets other than the supported cryptocurrencies and digital assets.

By accessing and/or using the Services, You acknowledge and agree that either BYCOI cannot guarantee the confirmation of any transaction on any blockchain network. BYCOI has no control over other blockchain networks.

While the Wallet has undergone beta testing and continues to be improved through feedback from its users, BYCOI cannot guarantee that there will be no errors and/or bugs in the functioning of the Wallet.

BYCOI provides You with the means to secure Your Wallet and help ensure You, and only You, are able to access and transact through Your Wallet, including mnemonics, personal identification numbers (PINs) and private key pairs. BYCOI does not store or have access to Your mnemonics, PINs or private key pairs. You shall be solely responsible for safekeeping Your mnemonics, PINs, private key pairs, and any other means of authentication You use to access Your Wallet. If You lose such means of authentication, BYCOI has no way to recover them for You. As a consequence of such loss, You may permanently lose access to any cryptocurrencies or digital assets You have stored in Your Wallet.

THE BLOCKCHAIN
BYCOI is a private blockchain that manages all identity and security using public key cryptography. You will randomly generate your own private keys and never reveal them to others. Each private key has a mathematically related public address which represents an identity for receiving funds.

Once funds are sent to a public address, those funds can only be spent using the corresponding private key to “sign” a new transaction. In this sense, access to a private key is equivalent to ownership of any funds which it protects.

Beyond controlling access to funds, BYCOI’s type of cryptography enables any message to be signed by a user to prove that they own the private key corresponding to a particular address. We use this property to restrict blockchain access to a list of permitted users, by expanding the “handshaking” process that occurs when two blockchain nodes connect:

a. Each node presents its identity as a public address on the permitted list.
b. Each node verifies that the other’s address is on its own version of the permitted list.
c. Each node sends a challenge message to the other party.
d. Each node sends back a signature of the challenge message, proving their ownership of the private key corresponding to the public address they presented.

If either node is not satisfied with the results, it aborts the peer to peer connection.

3. ANTI MONEY LAUNDERING AND COUNTER TERRORIST FINANCING
Centralized services, such as the Services, are currently excluded by law from any identification duty. Regulatory authorities are carefully scrutinizing businesses and operations associated to cryptocurrencies in the world. BYCOI’s business model follow all compliance requirements from any applicable and relevant laws in any jurisdictions, even with retrospective effect, to the extent that this is possible using reasonable efforts, especially for KYC (Know Your Customer) and Anti Money Laundering (AML) laws and regulations. You can find our complete AML and KYC policy here.

In all cases, BYCOI will ask, verify, and record information identifying any person accessing and/or using one or any Services according to the applicable legal requirements. Therefore, for accessing our Services it is mandatory to do a KYC (Know Your Customer) with an ID verification using third party software Jumio© 3-D face recognition technology to verify all users of our Services with valid ID documentation and live image of the persons face, in all jurisdictions. In this case BYCOI will ask You to create an BYCOI Identity, where you have to provide true, current and complete information about Yourself. If You are a representative of a corporation, governmental organization or other legal entity, You must prove that You have the right, power and authority to enter into these Terms on behalf of the corporation, governmental organization or other legal entity and to legally bind it to these Terms.

In such case BYCOI is committed to apply the AML legislation providing You with safe, compliant, and reputable service. This includes monitoring of suspicious transactions and mandatory reporting to the supervisory authorities. In addition, pursuant to the AML rules, BYCOI shall keep certain information and documentation on file for a period of ten years after the termination of the relevant business relationship or from the completion of the relevant transaction.

Moreover, Your access and/or use of the Services is subject to international economic sanctions requirements. By accessing and/or using the Services, You agree that You will comply with those requirements. In particular, You shall not access and/or use the Services if: (1) You are in, under the control of, or a national or resident of a country subject to United States embargo or UN sanctions (a “Sanctioned Country“), or if You are a person on the sanctions/embargos list published by the United Kingdom’s Economic Affairs Committee (a “Sanctioned Person“); or (2) You intend to supply any cryptocurrencies or digital assets to a Sanctioned Country (or a national or resident of a Sanctioned Country) or Sanctioned Person.

4. SERVICE LIMITATIONS AND MODIFICATIONS
BYCOI will make reasonable efforts to keep the Services operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, BYCOI reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Services, with or without notice, without liability to You, for any interruption, modification, or discontinuation of the Services or any function or feature thereof.

5. KNOWLEDGE REQUIRED
By accessing and/or using the Services, You represent and warrant that (i) You fully understand and have significant experience of cryptocurrencies, digital assets, blockchain systems and services, and (ii) You fully understand the risks associated with the trading of cryptocurrencies and digital assets as well as the mechanics related to the use of such cryptocurrencies and digital assets (including with respect to their storage and exchange).

By accessing and/or using the Services, You acknowledge that cryptocurrencies are extremely volatile and shift quickly in terms of liquidity, market depth, and trading dynamics. There is no guarantee against losses for accessing and/or using the Services. By accessing and/or using the Services, You represent and warrant that You are not entering into transactions that are above Your financial abilities. Also, cryptocurrencies and digital assets are not suitable for people without the relevant knowledge and/or experience. By accessing and/or using the Services, You further represent and guarantee that You are aware of the risks related to cryptocurrencies and digital assets, for which You are solely responsible and liable.

6. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the Services are the property of BYCOI or its licensors. Subject to Your compliance with these Terms, BYCOI grants You a limited right to access and/or use the Services. The right to access and/or use the Services is a non-exclusive, non-transferable, revocable, limited software licence, and it is subject to the limitations and obligations contained herein. Nothing in these Terms gives You any licence (other than as set out in this section), right, title, or ownership of, in, or to any of the Services.

You acknowledge and agree that BYCOI retains all rights, title, and interest in and to all copyrights, trademarks, trade secrets, patents, and any other proprietary rights in the Services, the software and application programming interfaces (APIs) comprising the Services, and all content therein. You acknowledge and agree that “BYCOI”, its trademark, service mark, logo and graphics are the registered trademarks or trademarks of BYCOI.

7. DATA PROTECTION
In order to provide You with the Services, You acknowledge and agree that BYCOI may collect, store and process Your personal data and/or information. By accessing and/or using the Services, You have read, understood, and accepted BYCOI’s Terms of Service, Privacy and Cookie Policy and AML/KYC Policy, and You acknowledge and agree that BYCOI may use such data and/or information in accordance with the terms of its Privacy Policy.

You acknowledge and agree that BYCOI may transfer the information collected as part of the KYC process to other companies affiliated to BYCOI, including to foreign entities, for the purposes of accessing the services provided by those entities. However, in general, BYCOI will ask your permission through the BYCOI Identity service before transferring your personal information to other group entities.

8. TERMINATION
BYCOI may terminate these Terms or suspend Your access to the Services at any time, including, without limitation, in the event of Your alleged or actual misuse of the Services or breach of these Terms.

9. LIMITATION OF LIABILITY
In no event will BYCOI, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for any loss or damages, including without limitation, direct, indirect, special, consequential, or punitive loss or damages, arising from or related to Your use of the Services, whether in an action of contract, tort or otherwise, and regardless of whether such damages were foreseeable and whether or not BYCOI was advised of the possibility of such damages.

Without limiting the generality of the foregoing, BYCOI takes no responsibility for and will not be liable for any financial or other loss or damages arising from or related to the use of the Services, including, without limitation, to any of the following: (i) loss of or inability to access or transact data, cryptocurrencies or digital assets; (ii) technical failure, malfunction or shutdown; (iii) server failure, hacks or unavailability; (iv) data loss; (v) stolen, lost, or unauthorized use of Your means of authorization; (vi) errors calculating network fees; (vii) corrupted data on BYCOI’s servers; (viii) incorrectly constructed transactions or mistyped wallet addresses; (ix) failure to update or provide correct information; (x) “phishing” or other websites masquerading as BYCOI; (xi) delays, interruption or loss of services; (xii) loss of business or goodwill.

The Services support or are integrated with third party services. BYCOI takes no responsibility for any third-party services and will not be liable for any loss or damages caused by such third-party services.

The Services are provided on an “as is” and “as available” basis without any representation or warranty of any kind, whether express or implied, to the maximum extent permitted by applicable laws. BYCOI disclaims any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement.

In no event will the aggregate liability of BYCOI, arising out of or related to these Terms and/or the Services, exceed the amount of EUR 100 (one hundred). However, there is USD 20.000 (twenty thousand) warranty to individuals whose reliance is placed on the information contained in a Comodo-issued Certificate that results in a loss of money due to a fraudulent charge to your credit card. For Comodo references see here.

 

10. RESTRICTIONS
By accessing and/or using the Services, You acknowledge and agree that You shall not use the Services if applicable laws, based on Your country of location, residency and/or citizenship, prohibit You from doing so in accordance with these Terms.

By accessing and/or using the Services, You acknowledge and agree that You shall not use, or assist third parties to use, the Services any way which may constitute a contravention of applicable laws or which may contradict the purposes or hinder the operations of the Services or hinder the operations of other users of the Services.

Without limitation to the foregoing, You acknowledge and agree that You shall not use, or assist third parties to use the Services to, without limitation, avoid taxes, engage into activities that may amount to market abuse (including, without limitation, front-running, wash trades, etc.), engage into illegal gambling, frauds, money laundering or terrorist activities.

11. INDEMNIFICATION
To the fullest extent permitted under applicable laws, You agree to hold harmless and indemnify BYCOI, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from and against all third party claims and all liabilities, damages, assessments, losses, costs, or expenses (including reasonable attorney fees) resulting from or arising out of (i) Your alleged or actual breach of these Terms, including, without limitation, Your express representations and warranties; (ii) Your alleged or actual use or misuse of the Services; and (ii) Your alleged or actual infringement or violation of any laws or of the rights of a third party.

12. TAXES
You shall be solely responsible for any taxes applying to the payments You make or receive trough the Services, and to collect, report, and remit such taxes to the appropriate tax authorities.

13. SANCTIONED COUNTRIES
Banned FATF Countries; Afghanistan, Bosnia and Herzegovina, Region of Crimea, Cuba, Iran, Iraq, Democratic People’s Republic of Korea, Lao People's Democratic Republic, Serbia, Sri Lanka, Sudan, Syrian Arab Republic, Trinidad and Tobago, Tunisia, Uganda, Vanuatu, Yemen

14. ENTIRE AGREEMENT
These Terms constitute all the terms and conditions agreed upon between You and BYCOI and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.

15. SEVERABILITY AND WAIVER
Unless as otherwise stated in these Terms, should any provision of these Terms be held totally or partially invalid or unenforceable, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms, and the application of that provision shall be enforced to the extent permitted by applicable laws.

The failure of BYCOI to exercise or enforce any of the rights or provisions of these Terms shall not considered as a waiver of BYCOI’s rights to do so.

16. ASSIGNMENT
BYCOI may assign these Terms and/or delegate any of its obligations hereunder, in whole or in part. You may not assign these Terms or any part of them, nor transfer or sub-license Your rights under these Terms to any third party.

17. NO PARTNERSHIP
Nothing contained in this Agreement shall be deemed or construed to create a principal and agent, partnership or joint venture relationship between You and BYCOI.

18. FORCE MAJEURE
BYCOI will not be deemed in default of these Terms to the extent that performance of its obligations is delayed or prevented by reason of any external force including, without limitation, war, insurrections, bank failures, strikes, fires, floods, earthquakes, labour disputes, epidemics, governmental regulations, freight embargoes, natural disaster, act of government or any other cause beyond BYCOI’s reasonable control.

19. GOVERNING LAW AND JURISDICTION
The Terms for the Services offered by BYCOI are subject to and governed by the laws of England and Wales to the exclusion of United Kingdom international private law and any international treaties. All disputes arising from or under these Terms shall be subject to the exclusive jurisdiction of the competent courts of London.

20. NO CLASS PROCEEDINGS
You will only be permitted to pursue claims against BYCOI  and/or BYCOI on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and You will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

21. TIME BAR
You acknowledge and agree that any claim or cause of action arising out of or in connection with the Services shall be commenced within 1 (one) year after its accrual; thereafter, any such claim or cause of action shall be permanently barred.

22. CONTACTS
If You have any questions regarding these Terms, please contact us at legal@bycoi.io