Bitfirst Capital Terms of Use

This agreement is a computer-generated electronic record in terms of Rule 3 of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules 2021 (as amended from time to time) and does not require any physical or digital signatures.

Whereas BITFIRST CAPITAL ADVISORS PRIVATE LIMITED ("Bitfirst", "Company", "we", "us", "our"), an Indian company having corporate identification number U66190MH2025PTC445926 registered with the Financial Intelligence Unit bearing No. [Pending FIU_REG_NUMBER], offers various products and services to certain users through our website www.bitfirstcapital.com and the associated mobile and software applications available on the Google Play Store and the Apple App Store.

Whereas access to and use of the Services (as defined below) and the Platforms (as defined below) is governed by these 'Bitfirst Capital Terms of Use', read with the other Terms (as defined below). The terms and conditions relevant to any third-party product or service availed by you in connection with the Platform or Services (which may have to be read in consonance with these Terms) shall be deemed to be entered exclusively between you and the relevant third party.

By accessing or downloading or using any Platforms and/or Services in any manner or by otherwise impliedly or expressly accepting the Terms, you agree to be bound by the Terms and agree that you have read, understood and accepted the Terms.

We reserve the right to modify any Terms, at any point in the future, without prior notice to you. If we make material changes to these Terms of Use, we will notify you through a notice on the Platform home page. The date the Terms of Use were last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Platform and these Terms of Use to check for any changes. Your continued usage of the Platforms/Services will serve as your acceptance of the revised Terms. You shall remain liable for any acts or omissions during your association with the Platform.

IT IS IMPORTANT THAT YOU FULLY UNDERSTAND THE RISKS INVOLVED BEFORE MAKING A DECISION TO USE THE SERVICES. YOU ACKNOWLEDGE THAT BUYING, SELLING, HOLDING, INVESTING OR TRADING IN DIGITAL ASSETS (ALSO REFERRED TO AS VIRTUAL DIGITAL ASSETS, CRYPTO-ASSETS, CRYPTOCURRENCIES, CRYPTO TOKENS, ETC.) INVOLVES A HIGH DEGREE OF RISK.

Digital Assets are subject to constant and frequent fluctuations in value and exchange rates, security risks, and potential regulatory intervention, and the value of your Digital Assets may increase or decrease at any time. Accordingly, you may suffer economic losses, including a complete loss of the assets held in your account. Further risks associated with Digital Assets and the Services are set out in the Terms. However, it does not explain all of the risks that may arise, or how such risks relate to your personal circumstances.

You acknowledge that you are solely responsible for determining the nature, suitability, and appropriateness of these risks for you and you should consider whether availing or using any Service is suitable for you in light of your personal and financial circumstances. You acknowledge and agree that Bitfirst bears no responsibility or liability to you or any other person whatsoever for any losses or gains incurred in connection with your use of the Services.

BITFIRST MAY PROVIDE EDUCATIONAL INFORMATION AND CONTENT ABOUT DIGITAL ASSETS, INCLUDING BLOG POSTS, ARTICLES, LINKS TO THIRD-PARTY CONTENT, NEWS FEEDS, TUTORIALS, AND VIDEOS. ANY SUCH INFORMATION OR CONTENT DOES NOT CONSTITUTE INVESTMENT ADVICE, FINANCIAL ADVICE, TRADING ADVICE, OR ANY OTHER SORT OF ADVICE.

Bitfirst does not give advice or recommendations regarding the trading of Digital Assets, including the suitability and appropriateness of, and investment strategies for, Digital Assets, and whether any Digital Asset should be bought, earned, sold or held by you. We do not seek to influence or affect your decision-making process in any way whatsoever.

No oral or written information or advice provided by Bitfirst, its officers, directors, employees, or agents, nor any information obtained through the Services, will or shall constitute advice of any kind including investment, consulting or financial advice. Our employees and representatives are not authorised to give any such advice, and in the event any such advice is given by any of them, the same is not authorised by Bitfirst and shall strictly be construed as being in their personal capacity.

YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ALL TRADING DECISIONS MADE BY YOU WHILE USING THE SERVICES, INCLUDING WHETHER ANY INVESTMENT, INVESTMENT STRATEGY OR RELATED TRANSACTION IS SUITABLE AND APPROPRIATE FOR YOU ACCORDING TO YOUR PERSONAL INVESTMENT OBJECTIVES, FINANCIAL CIRCUMSTANCES AND RISK TOLERANCE.

You are responsible for any associated loss or liability. Before making the decision to buy, sell or hold any Digital Asset, you should conduct your own due diligence and consult a professional advisor. We are not responsible for any such decisions (whether based on the information provided by us or not).

YOU HEREBY ACKNOWLEDGE AND AGREE THAT BITFIRST IS NOT A FINANCIAL INSTITUTION, BANK, PAYMENT SYSTEM OPERATOR, STOCK EXCHANGE, CREDIT UNION, TRUST, HEDGE FUND, BROKER, INTERMEDIARY, AGENT (EXCEPT AS SPECIFICALLY PROVIDED HEREIN), OR INVESTMENT OR FINANCIAL ADVISOR, AND IS NOT SUBJECT TO THE SAME LAWS, REGULATIONS, DIRECTIVES OR REQUIREMENTS APPLICABLE TO SUCH PERSONS AND WE HAVE NO FIDUCIARY RELATIONSHIP OR OBLIGATION TO YOU WHATSOEVER.

You also declare that you are not in the business or profession of referring new users to us unless we have entered into a specific agreement with you in this regard. The referrals made by you to us are in your individual capacity. In the event you are undertaking such referrals in furtherance to a business or profession, you are under the obligation to bring it to our notice. In such a case, we will be entitled to deduct / collect additional withholding taxes as may be required by applicable law.

YOU ALSO ACKNOWLEDGE AND AGREE THAT BITFIRST, THE PLATFORM, AND YOUR ABILITY TO USE THE SERVICES MAY BE DETRIMENTALLY IMPACTED BY REGULATORY ACTION, CHANGES IN REGULATIONS APPLICABLE TO DIGITAL ASSETS, OR SIMILAR CIRCUMSTANCES.

You agree that we may disclose your personal and account information if we believe that it is reasonably necessary to comply with a law, regulation, legal process, or governmental request.

All trades are executed automatically, based on the parameters of your order instructions and in accordance with our execution procedures.

BITFIRST MERELY OFFERS A TECHNOLOGY PLATFORM AND/OR ACTS AS A FACILITATOR PROVIDING ACCESS TO CERTAIN DIGITAL ASSET MARKETS, PRODUCTS, AND SERVICES. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR THE LEGAL, REGULATORY AND TAX COMPLIANCE OF ALL TRANSACTIONS CARRIED OUT BY YOU USING THE SERVICES.

Please be aware that these Terms of Use contain provisions governing how to resolve disputes between you and Bitfirst, including, among other things, an agreement to arbitrate.

Capitalised words used but not otherwise defined in these Terms of Use (and, unless repugnant to the context, in any other Terms) shall have the meanings as set out below:

1. "Account" or "User Account" means an account created by a User who registers to use the Services via the Platform, directly or through third-party credentials as may be permitted by us from time to time.
2. "Applicable Law(s)" means any and all laws, statutes, regulations, decisions, rulings, government policies, enactments or instruments (including national, state, local or municipal laws, regulations or by-laws of any kind whatsoever) applicable to the User or Bitfirst.
3. "Assets" refers to both Digital Assets and Fiat Currency, as the case may be.
4. "Breach Event" means the occurrence, or likelihood of occurrence, of one or more of the following:
   1. breach or contravention of or inconsistency with Applicable Laws;
   2. breach or contravention of or inconsistency with the Terms;
   3. any transaction or action is suspicious (in our sole discretion), may involve negligence, fraud or misconduct, or affects third-party rights;
   4. your KYC information is incomplete, incorrect or false;
   5. you do not provide any additional KYC or other documents as requested from time to time;
   6. your transactions are suspicious or unauthorised;
   7. deposit, withdrawal, or transfer of any Digital Assets that are deemed suspicious as per our internal assessments;
   8. your usage of the Platforms or Services corrupts or compromises the integrity, stability and security of the Platforms or Services, whether intentionally or otherwise; and/or
   9. there is any suspicion or allegation or complaint or request from any legal, public, regulatory, statutory authority or from any bank, financial institution, payment service provider, or third-party service provider.
5. "Content" means any information, text, graphics, blogs, trademarks, data, service marks, logos, icons, guides, video, multimedia content, images, audio, discussions, general educational content, or other materials uploaded by Bitfirst or the Users, which is accessible on the Online Platforms.
6. "Digital Asset(s)" or "Virtual Digital Asset(s)" or "VDA(s)" means:
   1. a digital representation of value or of a right which can be stored or transferred electronically, including any crypto-asset, and does not include Fiat Currency; and
   2. any other digital asset as we may specify from time to time.
7. "Digital Asset Wallet" means a wallet accessible through the Online Platforms and controlled and operated by a User for storage and/or transfer of their Digital Assets, also known as 'Coin Wallet'.
8. "Fiat Currency" shall mean 'currency' as defined under the Foreign Exchange Management Act, 1999.
9. "INR Balance" means the INR balance accessible through the Online Platforms and operated by a User in connection with transactions on the Platform.
10. "KYC" means 'know your customer' processes as required under Applicable Laws.
11. "Platforms" or "Online Platforms" refers to the website www.bitfirstcapital.com and the associated mobile and software applications offered through authorised channels (i.e., via Google Play Store or Apple App Store) and operated by Bitfirst and includes all products and Services offered on or via the website/applications and also includes all Content.
12. "Services" means the services that Bitfirst offers to Users on or via the Platforms including:
    1. a Digital Assets exchange for online trading of your Digital Assets by the use of Fiat Currency or other Digital Assets;
    2. enabling top-ups and/or withdrawals of your Assets;
    3. online storage and custody of your Digital Assets;
    4. allied services, products or contests related to Digital Assets (if announced from time to time);
    5. the provision of the Platforms itself (and any Content);
    6. any other service or product that Bitfirst may offer through the Platforms from time to time.
13. "Terms" refers to these Terms of Use read together with our Privacy Policy, Risk Disclosure, and all other rules, policies, frequently-asked questions (FAQs), guidelines, instructions (and corresponding hyperlinks, if any) that may be posted or made visible by us on the Platforms from time to time.
14. "User", "you" and "your" refers to any natural or juristic person who uses the Platform or Services and such expression shall, for the purpose of any claims against the User, include a User's successors, heirs, receivers, and permitted assigns.