Last update: December 11, 2023
In case of discrepancy, the French version shall prevail.
The Terms of Use of crypto-asset ATM terminal (hereinafter referred to as the “Agreement”) is a contract between You, an individual customer, user, or recipient of a transfer (hereinafter referred to as “You”, “Your” or “Yours”) and Bity SA, having its registered office in Neuchâtel, Switzerland (hereinafter referred to as “Bity”), regarding the use of services (hereinafter referred to as the “Service” or “Services”) of Bity’s crypto-asset ATM terminals (hereinafter referred to as the “Crypto ATM”), such as to (i) buy crypto-assets and have it on a paper wallet; (ii) sell crypto-assets and receive fiat (Swiss francs CHF).
Please carefully read the following Agreement. By accessing or using the Services by Crypto ATMs, You acknowledge that You have read, understood, and agree to be bound by the following Agreement, including any additional guidelines and future modifications.
By accepting this Agreement, You agree that this Agreement will apply whenever You use the Services. If You do not agree to be bound as required herein, then You cannot use the Services.
The Services are available 24/7 (subject to the opening hours of the shops in which Bity’s Crypto ATMs are located). Bity strives to provide 24/7 service, it may however happen that due to breaks in connections or Service maintenance, the Services are temporarily unavailable.
Crypto-assets, such as Bitcoin (BTC), Ethereum (ETH), Litecoin (LTC) or Monero (XMR), can be purchased with Swiss francs (CHF) or Euro (EUR). However, Bity reserves its right to expand to other crypto-assets at its sole discretion.
Subject to the following conditions, You may use the Services to purchase crypto-assets as follows:
a. You shall use and follow the step-by-step transaction process outlined on the display of the Crypto ATM to purchase crypto-assets;
b. You must first accept these terms of use and agree to provide, within the framework of the LCB-FT, Your telephone number to which You will be sent, by SMS, the code required to continue the transaction;
c. then, You must enter Your telephone number to receive the code requested by the Crypto ATM;
d. then, select the Fiat currency (either CHF or EUR) that You plan to use to make the purchase. The Crypto ATM then prints out a paper wallet with Your private key and Your public key. You must insert the banknote(s) (CHF or EUR) into the Crypto ATM and confirm the transaction. Once You have inserted the banknote(s) in the Crypto ATM and confirmed the transaction, Bity starts the process, and the transaction cannot be cancelled;
e. the crypto-assets are sent to the address of Your paper wallet as soon as possible. Bity will ensure that the amount is sufficient to cover the transaction costs so that the transaction can be confirmed within a reasonable time;
f. before starting a transaction on Bity's Crypto ATMs, You must check that the printed receipt (paper wallet with the private key and the public key) is not damaged or that no part of the QR code is missing. Bity recommends that You do not keep Your crypto-assets on the paper wallet You have received over the long term as the quality of the printing may deteriorate over time. It is therefore strongly recommended that You keep access to Your crypto-assets on a software or hardware wallet. It is also not advisable to take a photo of Your paper wallet, as unauthorised persons could easily gain access to Your private keys and crypto-assets;
g. it is Your responsibility, and Your responsibility alone, to verify that the transaction has been successfully executed and credited to Your paper wallet. If the transaction is not confirmed within 48 hours of the issuance of Your paper wallet or if Your transaction has been removed from the crypto-currency pool, please contact Bity customer service at the following address: support-ctm@bity.com.
Crypto-assets, such as Bitcoin (BTC) or Litecoin (LTC), can be sold for Swiss francs (CHF). However, Bity reserves the right to expand to other crypto-assets at its sole discretion.
Subject to the following conditions, You may use the Services to sell crypto-assets as follows:
a. You shall use and follow the step-by-step transaction process outlined on the display of the Crypto ATM to sell crypto-assets;
b. in the case of a sell order, You must first choose the crypto-assets You wish to sell;
c. You must first accept these terms of use and agree to provide, within the framework of the AML-CFT, Your telephone number to which You will be sent, by SMS, the code required to continue the transaction;
d. then, You must enter Your telephone number to receive the code requested by the Crypto ATM;
e. select the amount you wish to sell;
f. the Crypto ATM will print the redeem ticket which will contain the instructions to proceed with the transfer of Your crypto-assets to the public address of the Bity wallet, in order to confirm Your sell order. The redeem ticket will also contain the necessary information to withdraw Your fiat currencies. Before starting a transaction on Bity Cryptos ATM, please check that the redeem ticket is not damaged, or that part of the QR code is missing.
You can transfer Your crypto-assets from Your wallet (cold wallet or hot wallet) to the public address of the Bity wallet by paying sufficient fees, so that the transaction can be included in one of the following blocks. The transaction will then be processed. Once You have confirmed a sell order, Bity will start the process, and You will not be able to cancel the transaction. All transfers are final and no refunds or exchanges are allowed. It is Your sole responsibility to verify that the transaction has been successfully completed.
Your fiat currency (Swiss francs (CHF)) and a cash withdrawal receipt will be given to You after You have used Your redeem ticket. Bity recommends that You keep Your cash withdrawal receipt and Your redeem ticket in a safe place, as they can be used as proof of Your transaction. Your redeem ticket can only be used once to redeem a sale order. Once used, it is no longer valid. Your redeem ticket can only be used to withdraw cash for 30 days after the transaction has been confirmed. If You have kept the redeem ticket beyond this period, You will have to contact Bity customer support to reactivate the redeem ticket in order to be able to withdraw money at the Crypto ATM.
TIME LIMIT FOR PAYMENT: You must make the crypto-asset payment within 15 minutes of placing the sale order. If You do not make the payment within this time limit, the sell order will be cancelled automatically. Nevertheless, if You make the payment after this time limit, You should immediately contact Bity’s customer support service (support-ctm@bity.com). Your crypto-assets may be returned, but the recovery of funds is not guaranteed. In addition, transaction fees will be charged to You and You may also be charged for administrative fees.
Bity is not responsible for the risk of the market volatility occurs within the 15-minute timeframe.
SENDING CRYPTO THROUGH YOUR CRYPTO WALLET ONLY: Bity strongly recommends that You transfer the crypto-assets which are on Your cold wallet (e.g. paper wallet or ledger) or on Your hot wallet.
It is strongly recommended not to send Your crypto-assets from an online exchange wallet as it may introduce delay in transferring Your funds to Bity’s public wallet address resulting in the transaction cancellation. It is recommended, when possible, to always use a wallet where You control the private key (e.g. paper wallet or ledger). Transferring crypto-assets from exchange platforms may exceed the 15-minute time limit. If this happens, the funds cannot be automatically refunded as intended and You will need to contact Bity’s customer support service for assistance.
Your transaction will be considered invalid and cancelled, with the funds returned to Your wallet address from which the funds were sent, if:
a. You do not send the full payment in a single transaction or You only receive a partial payment;
b. You have sent more than the required amount;
c. any payment is sent or received after the deadline displayed on the Crypto ATM.
In case of invalid and cancelled transactions:
a. miner fees will be deducted from the funds submitted to the account for processing and returning the transaction;
b. You should check the blockchain for confirmation of returned funds.
If You would like to try the process again, You SHALL NOT USE the same redeem ticket. You should start a new transaction and make sure to send the correct amount within the time limit displayed on the Crypto ATM. If You use the same redeem ticket, the transaction will be considered invalid and cancelled once again.
Bity may change its Services from time to time. Bity will use commercially reasonable efforts to communicate to You any changes of the Services through Bity’s website.
Bity reserves the right to modify any part of this Agreement at any time. It is Your responsibility to check this Agreement periodically for changes. Your continued use of the Services following the posting of any changes to this Agreement constitutes Your acceptance of those changes.
Bity has variable and fixed fees, which can change any time without prior notice to You. The current fees are available anytime upon request.
Bity, as well as its directors, officers, employees, agents and shareholders, and third-party information providers, as well as their directors, officers, employees, agents and shareholders, assume NO LIABILITY FOR DIRECT OR INDIRECT LOSSES OR DAMAGES OF ANY KIND resulting from the use of the Services. In particular, BITY's LIABILITY, as well as that of its administrators, directors, employees, agents and shareholders, for any prejudice or loss suffered as a result of an error, technical or otherwise, a transfer failure, an overload situation, a difficulty in use, a Service interruption (including, among others, the system maintenance Service), a delay in the transmission of information, illegal intrusion (e.g., as a result of hacking), intentional blocking of telecommunication tools and networks or any other inadequacy of telecommunication or network service providers IS EXCLUDED. THE RISK OF EXCHANGE RATE AND FOREIGN CURRENCY LOSSES AS WELL AS FLUCTUATIONS IN YIELDS DUE TO AN UNFAVOURABLE DEVELOPMENT OF EXCHANGE RATES CANNOT BE EXCLUDED. INVESTMENTS IN CRYPTO-ASSETS ARE ASSOCIATED WITH SPECIFIC RISKS (SECTION 7. BELOW). THE LOW CAPITALISATION OF THE MARKET, ITS SPECULATIVE NATURE, AND THE ONGOING CHANGES IN THE REGULATORY FRAMEWORK IN VARIOUS COUNTRIES CONTRIBUTE TO HIGH VOLATILITY. YOU SHOULD FAMILIARISE YOURSELF CLOSELY WITH TECHNICAL AND REGULATORY DEVELOPMENTS IN THIS AREA, INCLUDING THE PUBLICATIONS OF THE SWISS FINANCIAL MARKET SUPERVISORY AUTHORITY (FINMA).
Bity is connected to the blockchain which is not under the direct and/or indirect control of Bity. BITY DOES NOT TAKE ANY RESPONSIBILITY REGARDING THE BLOCKCHAIN NETWORK AND DOES NOT ENDORSE CRYPTO-ASSETS IN ANY WAY WHATSOEVER. Neither Bitcoin (BTC) nor any other crypto-assets You may have access to is managed by Bity or is under the responsibility of Bity. Bity is not responsible for the crypto-assets made available. By using Bity's Services, You acknowledge that Bitcoin (BTC), Ethereum (ETH), or any other crypto-assets, are experimental alternative assets, which are currently under development, and that their operation and evolution are not predictable.
BITY SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM THE USE OF THE CRYPTO ATM. BITY CANNOT RETAIN YOUR PAPER WALLET. YOU ACKNOWLEDGE THAT YOU ARE FULLY RESPONSIBLE FOR THE DESTRUCTION AND THE LOSS OF YOUR PAPER WALLET. IN NO EVENT WILL BITY BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE CRYPTO ATM.
Crypto-assets are subject to technology-specific and other particularities, limitations and developments, and may be affected by various events. Crypto-assets are new, and the underlying technology, the blockchain, remains untested.
You acknowledge that there are high risks associated with using the Services, especially in a nascent environment like the crypto-assets and the blockchain/distributed ledger technologies. In this context, some risks are already identified, but some may not be identified at the date of this Agreement. For this reason, risks related to the Services performed by Bity are high and may lead to the loss, damage, deletion, removal, destruction, unavailability, inaccessibility and/or confiscation of all or part of Your crypto-assets, risks that You fully acknowledge without reservation.
You also acknowledge risks related to the fact that Bity is making the Services available through the Internet and/or through other means mutually acceptable to You and Bity, and that access to the Internet and the Services is dependent on numerous factors, technologies and systems, all of which are beyond the authority and control of Bity. You acknowledge and agree that Bity shall not be liable or responsible for any of Your inability to access the Services due to blockchain and/or computer network issues.
Bity takes commercially reasonable measures to identify and mitigate the potential risks associated with crypto-assets. Such risks include without limitation the following:
a. hacking and other attacks and attempts by third parties, in particular with respect to data establishing access to and enabling the disposition over crypto-assets, or individual transactions in crypto-assets; including but not limited to, denial of Service attacks, smurfing, Sybil attacks, malware attacks or consensus-based attacks;
b. data theft, including hardware theft by physical intrusion;
c. the failure of hardware, software, solutions, third-parties’ services and/or solution, and internet connection;
d. loss of data;
e. internal or external fraudulent activities;
f. communication failures, disruptions, errors, distortions or delays You may experience when using the Services;
g. rules and conditions of the network protocols, including but not limited to bonding, lock-up, blocking, freezing periods, vesting, slashing ineligibility to receive crypto-assets or benefits for partial periods and minimum balances required.
Finally, holding crypto-assets may involve particular risks on the markets. Consequently, Bity shall not be responsible for any damage or loss resulting from the general investment risk in the markets, or due to the holding of crypto-assets in any country, including (but without limitation) any damages, losses or costs resulting from nationalization, civil unrest, any act by an administration or other acts or threats by any authority (de jure or de facto), expropriation or any other governmental act, regulations enacted by regulatory authorities in the banking or finance sector, any change in market regulations, currency devaluation, exchange control, or market conditions affecting the proper performance of transactions on securities or the value of assets of any kind.
In addition to the risk stipulated above, there are other risks that Bity cannot foresee at the time of the Agreement and which may depend on internal and external factors.
Risks may also occur as unanticipated combinations or as changes, evolution, or adjustments of the risks stipulated above. Bity provides no guarantee against the consequences of such risks.
Bity does not warrant nor guarantee in any form the integrity of the crypto-assets related to the Services of Bity.
You acknowledge and accept that Bity shall not be responsible for any of these above-mentioned risks. In particular, You shall bear any loss or damage resulting from non-compliance with Your own duties of care as well as any other loss or damage resulting from events or the materialisation of risks outside the sphere of influence of Bity, including without limitation any hacking, intrusions or other attacks by third parties targeting any elements outside the sphere of influence of Bity, such as the external systems, nodes or other physical or virtual elements of blockchains, digital, distributed and encryption ledgers or other databases not operated by Bity, or individual addresses within such databases, as may be relevant to the existence, access to or disposition over Your crypto-assets.
You shall be required to cooperate with Bity as required or deemed useful by Bity to address and mitigate the risks in connection with the Services. In particular, You shall under no circumstances communicate or pass on any distributed ledger addresses provided to You by Bity in connection with the Services to any other person or third party. Any costs associated with the creation of new distributed ledger addresses and transfers of crypto-assets in connection with a violation by You of such duty shall be borne by You.
WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO THE BITY WEBSITE, ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE BITY WEBSITE OR ON THE INTERNET GENERALLY. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE WEBSITE OR ON THE INTERNET GENERALLY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE CRYPTO ATM TERMINAL WILL BE CORRECTED. THE SERVICES AND ANY INFORMATION MADE AVAILABLE ON THE BITY WEBSITE ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS.
You undertake to indemnify Bity and hold Bity harmless from and against:
a. all claims, damages, commitments, disbursements, taxes and other liabilities incurred or suffered by Bity resulting directly from Bity carrying out its obligations under this Agreement;
b. all reasonable charges and expenses, including legal and correspondent fees, suffered by Bity resulting directly from Bity carrying out its obligations under this Agreement, in line with relevant market practice;
c. all claims, losses or commitments resulting from a breach by You of the representations and warranties made by You in this Agreement;
d. all economic and legal consequences (a) of any measures taken by authorities, regulatory or self-regulatory bodies in any relevant jurisdiction(s), including without limitation those where the Services concerning the crypto-assets are used, or (b) resulting from the exercise of consensus or similar mechanisms in respect of crypto-assets, including without limitation any prohibitions or restrictions of transfers, limitations to, suspension or exclusion of convertibility or changes to functionality, which may affect Your crypto-assets used in connection with the Services.
You must be at least 18 years old to be able to use the Services. Any fraudulent use of the Services, or any use for any illegal, improper, or unethical purpose is strictly prohibited. Bity has the right to block access to the Services in its sole discretion and without prior notice to You.
You warrant that all information provided by You or on Your behalf to Bity under or in connection with this Agreement was true, complete and accurate and is not misleading in any respect, and no event or circumstance has occurred or arisen and no information has been omitted that results in the information provided by You or on Your behalf to Bity under or in connection with the Agreement being untrue or misleading in any respect.
The minimum amount for a buy order is CHF 10.- (or its equivalent in EUR), while the minimum amount for a sell order is CHF 100.-.
You may not carry out a single transaction or several transactions that appear to be linked for a total amount exceeding CHF 1’000.- (or its equivalent in EUR) per month, without creating a User Profile on the Bity website and being identified according to Bity's KYC procedure.
In case of questions or issues regarding our Services, please send an email to Bity’s customer service at: support-ctm@bity.com.
Bity has made no commitments or promises orally or in writing with respect to delivery of any future features or functions of the Services. In relation to any future features or functions, all presentations, request for proposal responses, and/or product roadmap documents, information or discussions, either prior to or following the entering into this Agreement, are for informational purposes only, and Bity shall have no obligation to provide any future releases or upgrades or any features, enhancements or functions, unless specifically agreed to in writing by both Parties. You acknowledge that no decisions are based upon any future features or functions of the Services.
All notices and other communications made or to be made pursuant to this Agreement shall be given in writing and You agree that all communication Bity provides to You electronically satisfy any legal requirement that such communications be in writing.
No failure to exercise and no delay in exercising on the part of any of the Parties any right, power or privilege under this Agreement shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided by this Agreement are cumulative and not exclusive of any rights or remedies otherwise provided by law.
Every term and provision of this Agreement is intended to be severable. If any provision of this Agreement is determined by a competent court to be invalid, inoperative, or unenforceable for any reason, the Parties shall negotiate in good faith to modify this Agreement so as to affect the original intent of the Parties as closely as possible in an acceptable manner in order that the transactions contemplated hereby be consumed as originally contemplated to the fullest extent possible. In the event of one of the provisions of this Agreement being void, cancelled, or rendered otherwise invalid, the validity of the remaining parts of this Agreement shall not be affected or impaired.
The provisions of this Agreement are intended solely to benefit the Parties and, to the fullest extent permitted by applicable law, shall not be construed as conferring any benefit or right upon any other third-party (including any of Your creditors) and no such other third-party shall be a third-party beneficiary of this Agreement, or have any right to enforce any term of this Agreement.
This Agreement is based on laws and regulations which are subject to change through legislative, judicial or administrative actions. Other legislations could be enacted that would subject the Agreement to change and increase potential risk. It is Your duty to consider legal or tax advice if needed and consult Your own counsel regarding tax laws and regulations of any other jurisdiction which may be applicable to them.
The GTC, the Terms of Use for Crypto-Asset Distributors and the Terms of Use for Non-Hosted Wallet Services constitute the entire agreement between the Parties with respect to the subject matter of these three agreements. They replace and supersede any previous version concerning the same subject matter.
This Agreement shall not be assigned without Your prior written consent or without the prior written consent of Bity.
The Agreement shall be governed by and construed in accordance with the Swiss law without giving effect to the conflict of laws of Switzerland (IPRG) or to the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980, or Your actual state or country of residence. Any dispute, controversy or claim arising out of or in relation to this Agreement, Your relationship with Bity, including any non-contractual obligations, will be exclusively subject to the jurisdiction of the courts of Neuchâtel, Switzerland.
This Agreement is considered to be executed solely in Switzerland.
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