TERMS OF USE

This is a legally binding contract (the “Terms”, “ToU”, “Agreement” or “Terms of Use”) between you (“you”, “your” or “users”) and Babcoins (“Babcoins”, “Company,” “ourselves”, “we” or “us”: and its derivatives). It sets out the terms of use of this website: https://babcoins.com and any of our other websites (the “Website”) which are controlled solely by us. These Terms apply to all visitors of the Website and to those who use the cryptocurrency management application (the “Application”), as well as other services and/or resources that are available or enabled via the Website (each a “Service” and collectively the “Services”) and controlled by us.

PLEASE NOTE THAT THESE TERMS DO NOT GOVERN ANY INTERACTIONS YOU MAY HAVE WITH OUR THIRD PARTY PROVIDERS, EACH OF WHICH HAS ITS OWN TERMS. BY VIEWING AND/OR CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS AND/OR DOWNLOADING THE APPLICATION AND/OR BROWSING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICE.

If you have concerns, general support questions or questions about these Terms, please contact us at: contact@babcoins.com

1-GENERAL PROVISIONS

1.1. By using this Website and/or Application, you signify that you (i) have read, understand and agree to be bound by this Terms of Use , (ii) you accepted the terms of this Agreement, (iii) you are of legal age to form a binding contract with us, and (iv) you have the authority to enter into this Terms personally or on behalf of the legal entity on for whom you are using the Services. If you do not agree to be bound by these Terms, you may not access or use the Services. The Company may change these Terms at any time without any notice, effective upon its “Last Updated” date on the Website. Your continued use of the Website shall be considered your acceptance to the revised Terms.

1.2. For the purposes of this Agreement the following terms may be used:

  • “Cryptocurrency” or “Cryptocurrencies” means a cryptographically secured digital representation of value or contractual rights that uses a form of distributed ledger technology and can be transferred, stored or traded electronically. The definition of Cryptocurrency also includes “right to, or interest in, the Cryptocurrency”;
  • “Digital Asset” refer to blockchain-based software ledger data entries;
  • “Order” means a request for the Services;
  • “Partner Sites” means Partner’s mobile applications and/or websites;
  • “Party” means either you or us. For the avoidance of any doubt, the contracting Parties under this Agreement are you and Babcoins;
  • “Partner” or “Third Party Provider” shall refer to the third party providers who will process the Orders.

1.3. You have understood, acknowledged and accepted the following

DISCLAIMER:

1.3.1. You acknowledge that Babcoins is not responsible for safeguarding or holding your Cryptocurrency, or any private keys or other security information to access your Cryptocurrency and that Babcoins is not responsible for any loss of Cryptocurrency resulting from theft, loss, or mishandling of Cryptocurrency private keys or other security information.

1.3.2. You understand and accept that all cryptocurrency exchanges and information provided through the Services are processed and executed by the Third Party Providers only, and that we do not ourselves exchange directly virtual currencies or provide data on prices.

1.3.3. You also understand and agree that access to Third Party Providers may be geo-blocked for residents of certain countries and certain states of the United States, United Kingdom, European Union.

1.3.4. There can be no assurance that any security measures that we or our Third party service providers have implemented will be effective against current or future security threats. While we take steps in an effort to protect the security of our platform and the availability, integrity, confidentiality and security of our data, our security measures or those of our Third party providers could fail and result in unauthorized access to or use of our platform or unauthorized, accidental or unlawful access to, or disclosure, modification, misuse, loss or destruction of, our or our customers’ data.

1.3.5. Babcoins does not control the terms, policies, or performance of any Third Party Provider, and is not responsible for any performance, or failure to perform, or loss of funds of any Third Party Provider site and/or mobile applications and/or Services, including pricing information, exchange rates, processing of transactions, Third Party Providers custody service and similar activities. The information is provided by and belongs to the individual information providers and we assume no ownership or any liability over any such information. Furthermore, as a condition of using the Services, you agree that we shall assume no liability for any decisions made by you or any other users based on this information. Babcoins does not provide customer support for transactions performed by the Third Party Providers.

1.3.6. Cooperation with Third Party Providers is subject to the terms and conditions of each Third Party Provider. To the extent all Third Party Providers have terms and conditions that differ from these Terms, you may be required to agree to their terms in order to access their mobile application(s) and/or website and/or Services.

1.3.7. We do not control the terms, policies, or performance of any third party, and are not responsible for any performance, or failure to perform, or loss of funds of any Third Party Provider, including pricing information, exchange rates, processing of transactions, third party custody service and similar activities. We do not provide customer support for transactions performed on Third Party Provider. You understand and acknowledge that all transactions you initiate with any of our Third Party Provider are final and Babcoins will not be responsible for any refunds.

1.3.8. One of the conditions of our partners is maximum deviation from expected rate – 5%.

2-SERVICES PROVIDED

2.1. When using the Services, your Orders are processed by the Third Party Providers and not by us directly.

2.2. Babcoins is not a bank or financial institution and does not provide investment or financial advice(s), or consulting services to users of the Services. Babcoins is solely the provider of the Services.

2.3. At no point during the purchase or sale, will Babcoins be in possession or in control of your funds.

2.4. The Website provides non-custodial services, which means that we do not store your Digital Assets on deposits and balances.

2.5. The Website is accessible 24 hours per day, 7 days per week. However, Babcoins reserves the right, without providing notice or compensation, to temporarily suspend the Website or access to the Website in order to carry out work including, but not limited to: updates, maintenance operations and amendments to the servers, etc.

2.6. In order to protect the integrity of the Website, Babcoins reserves the right at any time in its sole discretion to block users who violate this Agreement.

2.7. You shall prepare the devices and bear the costs as follows: (i) internet-connected device, including but not limited to computer or other internet-connected terminals; (ii) internet-accessing costs, including but not limited to internet fees, rental charges for internet- connected equipment’s, cellular data fees, etc.

2.8. While using the Babcoins, You accept the information services provided by us. You hereby authorize us to send commercial information to you via e-mail. You can opt out of such services by changing relevant settings on the Website.

2.9. When the Website is unable to operate properly because of the circumstances stated below and you are not able to access the Services, Babcoins assumes no liability for damages. Circumstances include but not limited to:

  • (i) system downtime during maintenance as announced by our Website;
  • (ii) telecom or Networking equipment issues;
  • (iii) typhoon, earthquake, tsunami, flood, power failure, war, terrorist attacks, and other force majeure factors;
  • (iv) any other issues, including hacker attacks, computer virus intrusion or attack, Website or backend maintenance and upgrade, banking related issues, government regulation or mandates, and any other third party issues.

2.10. We shall not ask for any password from you, nor shall we ask you to transmit any funds, addresses, as applicable, that are not listed on the trading platform. We shall not be responsible for any losses caused by transmitting funds, addresses, as applicable, that are not listed on the trading platform.

2.11. The “Memo” tag or Destination tag is an additional value of the address in numeric form. It allows you to identify the recipient of the transfer at the address. Accordingly, it is extremely important to specify the destination tag when sending your cryptocurrencies. Since it is impossible to cancel transactions on the blockchain, the Company will not be able to help users in such a situation. All costs associated with the return of a transactions with the wrong MEMO or without MEMO are borne by the user.

2.12 Transactions with transparent addresses for dual-nature coins. For cryptocurrencies that support both transparent and shielded addresses or transactions, Third Party Providers only accept transactions using transparent addresses where the source of funds can be identified. This includes, but is not limited to, Zcash (ZEC), PIVX, FIRO, Hush, Komodo (KMD), and Dash. Transactions using shielded addresses or protocols that obscure the source of funds are not supported. Coins where all transactions are anonymous by default (e.g., Monero) may be accepted subject to the provider’s policy.

In the event that such a transaction is sent to any address belonging to the Third Party Providers:

  • the funds will not be credited to your account;
  • the Third-Party Providers are technically unable to return, recover, or reverse the transaction;
  • such funds are considered irretrievably lost, and the Third Party Providers bear no responsibility for any loss resulting from such actions.

All consequences arising from a violation of this condition shall be the sole responsibility of the User.

2.13. You are responsible for all data and information provided and/or uploaded by you to the Services, whether publicly posted or privately transmitted. You are solely responsible for the accuracy of the content you submit, and represent and warrant that you have all rights required in order to post such User Content. We may, in our sole discretion, delete any of your content that we determine as violating these Terms. To the extent that you provide us with or we may have access to any information that allows us to identify you or any other individual in connection with your use of the Services, we will preserve, safeguard, and use such information as set forth in our Privacy Policy Privacy Policy.

3-ELIGIBILITY

3.1. To be eligible to use any of the Services, you confirm that you are:

3.1.1. at least 18 years old and have full capacity to contract under the applicable law;

3.1.2. not located in, under the control of, or a national or resident of the prohibited jurisdictions (Section 8 here under);

3.1.3. not previously been suspended or removed from using the Website and our Services;

3.1.4. not furthering, performing, undertaking, engaging in, aiding or abetting any unlawful activity through your relationship with us or through your use of the Website and Services;

3.1.5. are comporting with and obeying the terms of this Agreement and all applicable laws;

3.1.6. shall use the Website and Services only for the purposes related to personal non- commercial use and you do not represent any third party;

3.1.7. acknowledge and agree that Babcoins is not acting as your broker, intermediary, agent or advisor or in any fiduciary capacity, and no communication or information provided to you by Babcoins shall be considered or construed as advice;

3.1.8. shall not mislead other users and Third Party Providers during using the Website;

3.1.9. will not take any action aimed solely at causing damage to Babcoins or other Third Party Providers;

3.1.10. will not reverse engineer, decompile or otherwise disassemble the Website or any Babcoins Service;

3.1.11. will not frame or enclose any trademark, logo, or other Babcoins content;

3.1.12. will not access the Website and Services in order to build a similar or competitive site, service or software;

3.1.13. will not copy, reproduce, distribute, republish, download, display, post or transmit any Babcoins content except as expressly permitted in these Terms;

3.1.14. will not remove, destroy or copyright notices or other proprietary marking contained on or in the Services or Babcoins content. Babcoins and the Third Party Providers reserve all rights not granted in these Terms.

3.1.15. agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures that Babcoins provides in connection with your use of the Website and Services;

3.1.16. understand and acknowledge that any delays in services are possible;

3.1.17. shall not use proxy and VPN or other software for concealing your IP-address.

4-TERMINATION

4.1. Babcoins may: (a) refuse to complete, or block or cancel you have authorized, (b) suspend, restrict, or terminate your access to any or all of the Services, with immediate effect and for any reason, including but not limited to where:

4.1.1. We reasonably believe that we need to do so in order to protect our reputation;

4.1.2. We are, in our reasonable opinion, required to do so by applicable law, regulation or any court or other authority to which we are subject in any jurisdiction;

4.1.3. We reasonably suspect you of acting in breach of this Agreement;


4.2. Babcoins shall not be liable to you for any losses you may suffer as a result of termination.

4.3. Upon termination of any Service, your right to use the Website and/or Application and/or Services will automatically terminate immediately. Babcoins will not have any liability whatsoever to you for any suspension or termination. All provisions of the Terms which by their nature shall survive the termination of Service will do so, including Sections: 4.3, 5, 6, 7, 10, 11, 12, 13, 14, 15, 16 of these Terms.

5-INDEMNIFICATION

5.1. You agree to indemnify and hold Babcoins harmless from any losses, costs, liabilities and expenses including reasonable attorneys’ fees relating to or arising out of:

5.1.1. your use of or inability to use the Website and/or Application and/or Services;

5.1.2. your violations of these Terms;

5.1.3. your violation of any rights of another party, including any other users of the Website and/or Application and/or Services; or

5.1.4. your violation of any applicable laws, rules or regulations. Babcoins may at its own cost assume the exclusive defense and control of any matter, otherwise subject to indemnification by you, in which event you will fully cooperate with Babcoins in asserting any available defenses.

6-WARRANTIES AND DISCLAIMERS

6.1. The Website, Application Services and any information displayed therein are provided on “AS IS” and “AS AVAILABLE” basis, with all faults, and Babcoins expressly disclaim all warranties, representations and conditions of any kind arising from or related to these Terms or your use of the Website, Application and Services or any information displayed therein, including the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that, to the extent allowed by the applicable laws, all risk of use of the Website, Application and Services rests entirely with you.

6.2. Babcoins is not liable, and you agree not to seek to hold Babcoins liable, for the conduct of Third Parties on or accessed via the Website, Application or Services, including the use of the Third Party Providers’ websites and/or Services. The risk of injury from use of such Third Party Providers’ websites and/or Services rests entirely with you.

7-LIABILITY

7.1. In no event will Babcoins be liable for any lost profits, revenue or data, indirect, incidental, special or consequential damages, or damages or costs due to loss of production or use, business interruption, or procurement of substitute goods or services arising out of or in connection with the services, whether or not Babcoins has been advised of the possibility of such damages, and regardless of the theory of liability asserted.

8-PROHIBITED JURISDICTIONS

8.1. By accessing and using our Services and/or the Website and/or the Application, you acknowledge and declare that you are not located in, or are not a citizen or resident of United States of America, Countries of the European Union, United Kingdom, Afghanistan, North Korea, Crimea and Sevastopol, Democratic Republic of Congo, Eritrea, Libya, Somalia, South Sudan, Sudan, Yemen, Iran, Iraq, Cuba, Syria, Mali, Central African Republic, Guinea-Bissau, Lebanon or any other country subject to United Nations Security Council Sanctions List and its equivalent.

8.2. Babcoins maintains the right to select its markets and jurisdictions to operate in and may restrict or deny its Services to certain countries.

8.3. Use of the Website is void where prohibited by applicable law.

8.4. Babcoins has the right to obtain your IP-address. If the IP-address is allocated in the prohibited jurisdiction, Babcoins can deny you access to the Website and/or Application and provide Services.

9-TERM

9.1. This Agreement will commence in the manner set out in the Introduction section and will continue until you cease all use of the Services and Website and no longer visit the Website and/or until Babcoins terminates your use of the Website and Services in accordance with section 4 of these Terms.

9.2. Except as stipulated in section 4.3., these Terms will be of no further force and effect with respect to you if you cease all use of the Services and Website and no longer visit the Website.

9.3. This Agreement can be terminated by us in accordance with the provisions of section 4 of this Agreement.

10-MODIFICATIONS

10.1. Babcoins is constantly changing and improving the Website and its Services.

10.2. Babcoins has the right to add or remove functionalities or features to the Website and/or Application, or add or create new limits for using the Website and/or Application and its services at any time.

11-GOVERNING LAW , ARBITRATION AND LIMITATION OF LIABILITY

11.1. These Terms constitute an agreement between you and Babcoins, which acts solely as a technology facilitator providing access to services offered by independent third‑party providers through their APIs. Babcoins does not operate as a financial institution, does not process or execute cryptocurrency transactions, and does not hold, manage, or safeguard client funds.


11.2. To the maximum extent permitted by law, Babcoins shall not be liable for any claims, losses, damages, or disputes arising out of or relating to the services of third‑party providers, including but not limited to claims in contract, tort, negligence, misrepresentation, or statutory duty. Any and all obligations in respect of such services rest exclusively with the relevant third‑party provider.


11.3. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Lithuania, without regard to conflict of law principles. However, if you are a consumer residing in another country, you may also be entitled to the protection of mandatory consumer protection laws of your country of residence.


11.4. Any dispute, controversy, or claim arising out of or relating to this Agreement, including its interpretation, performance, or termination, shall be finally settled by arbitration under the Law on Commercial Arbitration of the Republic of Lithuania, seated in Vilnius, Lithuania, and conducted in English. The arbitration shall be administered under the rules of the Vilnius Court of Commercial Arbitration (VCCA), unless the parties agree otherwise. The arbitral award shall be final and binding and may be enforced in any court of competent jurisdiction.


11.5. If any specific service or feature accessed through Babcoins is subject to a separate agreement with a third‑party provider, the terms of that agreement shall prevail to the extent of any conflict. Babcoins shall not be deemed a party to such agreements.


11.6. You acknowledge and agree that Babcoins provides its platform “as is” and “as available,” without warranties of any kind, and that your sole recourse in relation to any transaction, service, or dispute lies with the applicable third‑party provider.

12-COPYRIGHT PROTECTION

12.1. Using the Website and/or the Application does not give you ownership of any intellectual property rights in the Website and/or the Application, any software or the content you access.

12.2. The materials contained in the Website and/or the Application are protected by applicable copyright and trademark laws and treaties.

12.3. Use of Babcoins’ trademarks, trade names, domain names, or confusingly similar variations (e.g., Babcoins, Babcoins.com, Bab-coins) in paid search advertising, keyword bidding, or similar SEA campaigns intended to attract issuers, affiliates, resellers, or other partners to divert business or imply affiliation with Babcoins is prohibited without Babcoins’ prior written consent; Babcoins may require immediate removal of infringing ads and pursue all available remedies.

13-ASSIGNMENT

13.1. Babcoins may transfer rights and obligations under this Agreement to third parties without the additional consent from you.

13.2. The user is entitled to assign its rights and obligations under this Agreement to any third party only with prior written consent of Babcoins.

14-FORCE MAJEURE

Babcoins will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transport facilities, fuel, energy, labor or materials.

15-ENTIRE AGREEMENT

These Terms are the full agreement between you and us regarding the Service, and it supersedes any other written or oral terms that you may have seen, or that may have been exchanged between us. There are no third party beneficiaries to this Agreement other than those explicitly identified as such in this Agreement.

16-SEVERANCE AND VALIDITY

If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any relevant jurisdiction, such provision shall be deemed to be severed from this Agreement and shall be replaced with one having an effect as close as possible to the deficient provision.

17-THIRD WEBSITE

For the Users who accessed the Website via a link from the site of the third-party. The User acknowledges and confirms that since the moment the User accesses the Website via the provided link, the User agreed to the terms of these Terms of Use and Privacy Policy.

18-CONTACT US

If you have any inquiries or complaints, you may contact us:

by email: contact@babcoins.com