GENERAL TERMS AND CONDITIONS

Through our platform, you can, if you wish, apply for your BITSA® card - either a physical or virtual card - by logging into your user account and starting the application process.

Application and payment:

Step 1: Card registration.

We will ask you for the following details:

• First name
• Surname
• Date of birth
• Nationality
• Type of identity document
• ID number
• Expiry date of the document

Step 2: Tax Address

You will need to provide us with the following details:

• Address
• Town
• County
• Country
• Region
• Telephone

Step 3: Delivery address. For physical card applications.

Please tell us where you would like us to send your BITSA® card

• Address
• Postcode
• Town
• County
• Country

Step 4: Payment details

Choose a payment method and, where applicable, the delivery speed. Delivery within 24/48 hours is subject to delivery charges, which you will be required to pay.

We will show you the total amount to be paid in the summary table.

You can check the price of the BITSA® card in the ‘Plans’ section of our website.

Finally, you must tick the confirmation boxes to complete your purchase.

Identity verification:

Once you have chosen your payment method and it has been processed via the various channels we provide, we will contact you by email to begin the identity verification process as an applicant for the BITSA® card and its future holder.

This verification will be carried out via the BITSA® app, so if you have started the process via the website (where available; the website is currently for information purposes only), we will ask you to download and install it on your mobile phone.

The BITSA® app is free and available on the App Store and Google Play.

Once you have downloaded and installed the app - or if you started the process using the app - we will ask you to open it and begin the verification process via the ‘Verification’ section, entering the code we have previously provided.

You will need to send us a photograph of your identity document, and please note that we may ask you for a selfie-style photograph of you holding your identity document in your hand. Both photographs must be taken via the app.

The verification process is carried out as a due diligence measure required by current legislation on the prevention of money laundering and terrorist financing, which obliges us to identify all our customers and to keep their details up to date.

This verification process is outsourced to our technology partner, Sum and Substance Ltd, which is responsible for carrying out the necessary verification.

Occupation.

We need to know whether you are currently employed and in which sector, so we will ask you a series of questions.

Activation and dispatch of the BITSA virtual card:

Once the verification process has been successfully completed, you will be able to activate your virtual card so that you can start using it. If you have requested a physical card, we will send it to the address you have provided.

The BITSA® Card will be linked to your customer details.

PIN:

We will send you your card’s PIN via the app.

IMPORTANT NOTE: As the card applicant, you are responsible for the accuracy of the details you provide and the documents you send us. Should any doubts arise, we will terminate the verification process without success and will not send you the requested BITSA® Card, with no entitlement to a refund of the amount paid, due to the administrative costs incurred.

Link your card:

If you already have a BITSA® card, you can link it to your user account by following the instructions and completing the verification process outlined above.

If you are a minor aged between 16 and 17, you may apply for the BITSA® YOUNG card, available in both physical and virtual formats; the issue and dispatch of this card are subject to authorisation from your mother, father or legal guardian.

As explained above, to access our services you must create a user account. Once you have created your account, you can log in and start the application process for the BITSA® YOUNG card.

Application

Personal details:

We will ask you for the following details:

• First name.
• Surname.
• Date of birth.
• Nationality.
• Type of identity document.
• ID number.
• Expiry date of the document.

When you enter your date of birth, a message will appear informing you that your parents or, where applicable, your legal guardian will need to authorise your account. We will therefore ask you to provide your email address so that we can begin the authorisation process.

Authorisation:

Your mother, father or legal guardian will receive an email informing them that you need their authorisation. If they have a BITSA® account, they simply need to log in and approve your request. If they do not have a BITSA® account, they just need to follow a few simple steps:

1. Download the app.
2. Enter their personal details.
3. Create an account.
4. Verify their identity.

Once your parent or guardian has verified their identity, they will be able to accept the request from their child or ward.

Whilst the authorisation process is underway, you can continue with the application process.

You will need to provide your address:

• Address
• Town
• County
• Country
• Region

And, choose a payment method, as well as the delivery speed, if you are ordering a physical card.

Choose a payment method and, where applicable, the delivery speed. Delivery within 24/48 hours is subject to delivery charges, which you will be required to pay.

We will show you the total amount you need to pay in the summary table.

You can check the price of the BITSA® card in the ‘Plans’ section of our website.

Finally, you must tick the confirmation boxes if you wish to complete your purchase.

Identity verification:

Once you have chosen your payment method and processed it via the various channels we provide, you must verify your identity in accordance with the process described in Section 2.1.

Delivery of the BITSA® YOUNG card:

Once the verification process has been successfully completed, you will be able to activate your virtual card so that you can start using it. If you have requested a physical card, we will send it to the address you have provided.

PIN:

We will send you your card’s PIN via the app.

We offer various methods for topping up your BITSA® card. You can choose from:

1. Debit or credit card.
2. Crypto assets
3. Bank transfer
4. Voucher

You can top up your BITSA® Card using a debit or credit card. We will ask you to specify the amount you wish to top up and provide the following details:

• Email
• Cardholder
• Card number
• Expiry date (month/year)
• CVV/CVC

Click on “Pay” to complete the transaction.

The party receiving the requested amount is the card issuer and payment service provider, which will top up the specified card with an amount of e-money equal to the amount charged to your debit/credit card.

No-refund policy

As top-ups to BITSA® cards using a debit or credit card are processed immediately, we do not accept refunds.

By checking and accepting the information shown in the summary table, and by confirming and completing payment for the purchase, you are deemed to have expressly accepted the no-refund policy, thereby waiving your right of withdrawal.

You can top up your BITSA® card by selling your crypto assets. One way to add funds to your BITSA® card is via the “Top Up with Crypto Assets” option, a service made available through our collaboration with BITNOVO® as a technology partner of BITSA SAS.

In this case, you must select this option in the app and accept BITNOVO®’s General Terms and Conditions and BITNOVO®’s Privacy Policy.

The proceeds from the sale, in euros, will be transferred to the IBAN linked to your BITSA® user account.

Please remember to send the crypto assets via the same network as indicated in the app. Transactions involving crypto assets are irreversible, so we recommend that you carefully follow the instructions displayed during the top-up process.

Services relating to crypto-assets are provided, managed and supervised solely by BITNOVO®, which assumes full operational, legal and regulatory responsibility for them. In particular, BITNOVO® is solely responsible for the crypto-asset exchange service; this responsibility includes setting prices, executing transactions, complying with the regulations applicable at any given time, and providing customer support in relation to any enquiries, incidents or complaints arising from these services.

BITNOVO® (PRESSBROKERS, SL), a provider of virtual currency-to-fiat currency exchange services, with tax identification number (CIF) B-98346646 and registered office at Isla de Cerdeña 1, Bajo, 46023, Valencia.

For any enquiries, issues, complaints or requests for information relating to crypto-asset transactions, please contact the BITNOVO® support team directly via the following channels:

1. Telephone (+34 960 661 265)
2. Email: info@bitnovo.com.

In particular:

• All complaints and enquiries relating to crypto-asset transactions will be handled entirely by BITNOVO®.
• BITNOVO® is solely responsible for resolving any technical or operational issues relating to transactions carried out on its platform.
• The response times and applicable complaints procedures are those set out by BITNOVO® in its own customer service policy.
• BITSA SAS will forward to BITNOVO®, where applicable, any communication that the user sends to it in error, without such forwarding giving rise to any liability on the part of BITSA SAS.

For the purposes of complying with anti-money laundering and counter-terrorist financing (AML/CTF) obligations and the due diligence requirements set out in Regulation (EU) 2023/1114 (MiCA), BITNOVO® (PRESSBROKERS, SL) shall have access to the customer’s or user’s identification data (KYC) previously verified by BITSA, in accordance with the collaboration agreement signed between both entities and the provisions of Article 73 of MiCA regarding outsourcing. Such access is strictly limited to the stated purpose.

You can also top up your BITSA® card by making a bank transfer from your account to the account held by the card issuer.

The details you need to provide to top up your card correctly are available in the ‘Top up your BITSA® card by bank transfer’ section.

It is very important to include your BITSA® card number and your National Identity Number (DNI) in the payment reference so that the amount transferred can be credited to your card.

Within 24-48 hours, your card issuer will top up your BITSA® card with an amount of e-money equal to the amount transferred.

You can top up your BITSA® Card using BITSA® redeemable vouchers, which you can purchase at authorised outlets or BITSA® ATMs. Once purchased, redeem it via our platform by entering the digits that make up the code, or by scanning the barcode. A fee is charged for using this service (SEE SECTION 9). The value of the voucher, once this fee has been deducted, will be credited to your card. The maximum value of vouchers you can redeem, and therefore the maximum amount you can top up on your BITSA® card, will be determined by the top-up limits set out in the BITSA® Plan to which you are subscribed. Vouchers are valid for three months from the date of purchase and, unless there is an error on the voucher that prevents it from being redeemed, no refunds will be accepted.

You can transfer funds from one BITSA® Card to another BITSA® Card. To do so, go to the ‘Send’ section and then:

Card, where you will be asked to provide the ID (registration number) of the BITSA® Card to which you wish to send money, along with the amount. You may also optionally specify a reference.

Alternatively, you can send money from your BITSA® card to contacts in your address book who also hold a BITSA® card. In this case, you’ll need to go to:

‘Contacts’ and select the person you wish to send funds to.

We will display a summary of the transaction, which you must confirm to complete the transfer. Please note that once the transaction has been confirmed, it cannot be reversed.

You can arrange transfers within the Single Euro Payments Area (SEPA) via your user account. To do this, simply select the ‘Send IBAN’ option and enter the amount, the reference and the beneficiary’s IBAN.

In this case, you will need to enter your login details to access your user account and, where applicable, the second factor of authentication if you have one.

ATM

You can withdraw cash from any ATM using your BITSA® card.

PIN CASH

You can also make cash withdrawals using our Pin Cash voucher, which you can redeem at any BITSA® outlet. Simply specify the amount you wish to withdraw and we will generate a Pin Cash voucher for that amount, which will be automatically deducted from your BITSA® card balance.

Your Pin Cash voucher will expire three months after it is issued. You can cancel it at any time, provided you do so within that period. The balance of the cancelled voucher will be instantly refunded to your BITSA® card.

Via our platform, you can view the transactions made with your card, as well as your available balance. You can view your most recent transactions by going to ‘recent transactions’.

You can also view your transactions for specific dates by filtering your search and selecting the specific period you wish to view.

If you need us to remind you of your card’s PIN, you can view it via the app.

You can temporarily block your card to prevent its use.

We recommend this option in the event of loss or theft, without prejudice to the corresponding formal notification you must make should either of these events occur, via the channels we have made available to you.

To access the BITSA® platform, you do not need to meet any additional requirements; however, in order for us to provide you with the services, you must be over 18 years of age and a European resident, and you must register and verify your identity as described above.

If you are a minor aged between 16 and 17, you must also have the authorisation of your mother, father or legal guardian, who are responsible for ensuring compliance with all obligations arising from the provision of the services.

When you request that we provide you with any of the services we make available to you via the BITSA® platform, you undertake to:

Provide us with all the information required in the forms and verification processes.

To provide any other information we may require from you in order to comply with our obligations under current legislation on the prevention of money laundering and the financing of terrorism. We may collect information about you if we have grounds to believe that the information provided is incorrect. If, based on the information obtained, we conclude that there is any inaccuracy in the data provided, we reserve the right to unilaterally terminate the service agreement.

You must ensure that all data provided via the completion of forms, the verification process, or subsequently supplied at our request, is true and accurate.

Similarly, it is your responsibility to keep your information up to date so that it reflects your actual circumstances at all times. You will be liable for any losses you may cause us or third parties as a result of using information that is out of date, false or does not correspond to reality.

Confirm your acceptance of these Terms and Conditions, the Card Issuance and Payment Services Terms and Conditions, our Privacy Policy and our Cookies Policy.

Furthermore, you shall be solely responsible for the proper safekeeping and strict confidentiality of the password for accessing your user account, the PIN provided by the issuing institution and the digits of the electronic signature we have provided to you, and you undertake not to transfer their use to third parties. Similarly, you are responsible for the security of your device. We will consider any access identified and authenticated using your username and password to be legitimate and to have been carried out by you; you are therefore solely responsible for any actions carried out via such access. You must notify us immediately and without fail by email to soporte@bitsacard.com of any incident that allows or may allow the misuse of codes and/or passwords; otherwise, we shall be exempt from any liability that may arise from any incorrect, fraudulent or false use that may occur.

We reserve the right to deny or withdraw your access to the services at any time without prior notice if you fail to comply with these obligations.

By accessing the BITSA® platform, you undertake to behave appropriately, in compliance with the applicable legal framework, public morality, public order and these terms and conditions. In particular, you undertake to:

Not to engage in any activity that hinders or interferes with the operation of the services.

To make appropriate use of the services included on our platform in a diligent, correct and lawful manner, in accordance with the law, the legal notice, these terms and conditions and the general terms and conditions of the services you access, the rules of use and instructions that we have communicated to you or made public, as well as generally accepted moral standards and good customs and public order. To this end, you must refrain from requesting the services for purposes or effects that are unlawful, prohibited, or harmful to the rights and interests of third parties, or that in any way may damage, render inoperable, overload, impair or prevent the normal use of the services, computer equipment or documents, files and all types of content stored on any of our computer equipment, that of other customers or users, or that of any internet user (hardware and software).

Furthermore, you expressly undertake to:

1. Not to store, use, transmit or disseminate child pornography or other obscene, violent, illegal, xenophobic or defamatory material.
2. Not to use the network to transmit or publicise language that is defamatory, hurtful, abusive, threatening or contrary to the right to honour, personal or family privacy or a person’s own image, or that in any other way contravenes, disparages or infringes the fundamental rights and public freedoms recognised in the Constitution, in international treaties and in all other applicable legislation.
3. Do not store, use, transmit or disseminate cracks, software serial numbers or any other content that infringes the intellectual property rights of third parties.

And you shall refrain from:

1. Distributing viruses, worms or Trojans via the internet, or engaging in any other destructive activity, such as flooding, ‘mailbombing’ or denial-of-service attacks.
2. Collecting and/or using other users’ personal data without their express consent or in contravention of data protection regulations.
3. Using the domain’s mail server and email addresses for the purposes of so-called spamming (sending unsolicited bulk email, whether commercial or of any other nature).
4. Destroying, altering, rendering inoperable or otherwise damaging our data, programmes or electronic documents, or those of third parties.
5. To hinder other users’ access through the excessive and unjustified use of the IT resources through which we provide our service, as well as to carry out actions that damage, interrupt or cause errors in those systems.
6. To use the system to attempt to access restricted areas of the server without our proper authorisation.

You will be liable for any damages you may cause to us or to third parties as a result of failing to comply with these obligations of conduct.

Therefore, in the event of a breach of these obligations, we reserve the right to deny you access or to withhold the provision of services at any time and without prior notice.

Should we detect any misuse of the services and/or a breach of the rules set out herein, we may impose a surcharge on the services.

If the maximum balance set for the various plans we offer (Further information) is exceeded, we will penalise the excess by charging the following surcharges:

• A fixed surcharge of €1 for each incoming transfer that results in the maximum balance set for each plan being exceeded.
• A variable surcharge amounting to 0.25% of the full amount of each incoming transfer that results in the maximum balance set for each plan being exceeded.
• A surcharge for each day that the situation is not rectified and the maximum balance set for each plan remains exceeded, or if you do not switch to a different plan. This surcharge will amount to 0.25% of the balance exceeding the maximum balance set for each plan.

The aforementioned surcharges will be debited from the card’s available balance.

The services we offer via the BITSA® Platform may vary over time. We will inform you of any changes that occur, as well as if we decide to discontinue a particular service and the terms of such discontinuation.

We may block your access to the services, either in full or in part, if you breach these Terms and Conditions.

Although we use systems compatible with most technology currently available on the market, we cannot guarantee compatibility with the device you use to access the BITSA® Platform.

We cannot guarantee the availability and continuous operation of the platform, and we are exempt from any liability arising from access to and use of the platform, including (but not limited to) performance failures, interruptions or delays in the operation of the services, and system failures. This disclaimer of liability shall apply even in the event of any fault or malfunction causing damage to third-party computer equipment. Accordingly, access to the BITSA® Platform is at your sole risk.

There may be instances where services are unavailable due to force majeure or technical reasons; we shall not be liable for any damage that may occur, nor for any losses that may arise as a result of events that could not have been foreseen, or which, had they been foreseen, would have been unavoidable, whether due to unforeseeable circumstances or force majeure.

We accept no liability for any kind of fault, technical error, accident, breakdown, tampering, interruption to services or any other incident that may arise in relation to third-party products, equipment or technical services, the use of which is necessary for participation in the services.

We use security measures to protect the BITSA® Platform and virus detection software to minimise risks as far as possible. However, we cannot guarantee the absence of viruses or other elements on the platform introduced by third parties outside our control that may cause alterations to users’ physical or logical systems or to the electronic documents and files stored on their systems. Consequently, we shall under no circumstances be liable for any damage and/or loss that may arise from the presence of viruses or other elements.

We shall not be liable for any relationships you establish with third parties, even if such relationships arise from access to our platform. Should you bring any claim or legal action against a third party, you hereby expressly release us, as well as our employees, suppliers and other collaborators, from all liability.

Any issue relating to the provision of payment services shall be the responsibility of the card-issuing institution and the payment service provider.

We may temporarily suspend the services in order to carry out any maintenance work necessary for the proper functioning of the BITSA Platform.

Furthermore, we may temporarily suspend the provision of services if:

• We detect suspicious transactions.
• The security of your user account is compromised.
• You fail to provide us with any information we may have requested from you.
• You do not accept the updated Terms of Access and Use of the BITSA® Platform or the Privacy Policy, in accordance with current regulations.

We will maintain this suspension for a maximum of 30 days from the start of the suspension, after which it will become permanent if you have not taken steps to rectify the situation.

Our Privacy and Cookies Policy sets out how we collect, process and protect the personal data you have provided to us or which we have collected via forms and/or cookies, in accordance with the provisions of current data protection legislation and, in particular, the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

For further information, please refer to the Privacy Policy and the Cookies Policy.

You may find links on both the website and the app that redirect you to third-party websites.

If you decide to interact with or purchase products or services from third parties via these websites, please bear in mind that they are entirely independent of us, and that you will be subject to their respective Terms and Conditions and Privacy Policies; we therefore recommend that you consult these beforehand.

Under no circumstances shall we accept any liability whatsoever for any damage that may arise from your access to, use of, or inability to use the aforementioned links to third-party websites. Furthermore, we shall not accept any liability for any misuse of the personal data you provide to such third parties via their websites.

We reserve the right to remove links to any website that we have included on the BITSA® Platform.

The processing of the user’s personal data in the context of crypto-asset transactions, a service provided by BITNOVO® (PRESSBROKERS, SL), is the sole responsibility of BITNOVO®, which shall act as the Data Controller in accordance with the applicable data protection regulations.

You may exercise your data protection rights in relation to transactions carried out within the BITNOVO® environment by emailing dpo@bitnovo.com, or by sending a written communication to the following postal address: 46023 Valencia, Calle l’Illa de Sardenya, No. 1, ground floor. For further information on BITNOVO®’s Privacy Policy, click here.

In the context of these transactions, BITSA SAS will only process your data to the extent strictly necessary to:

• provide BITNOVO® with your KYC and identification details.
• manage the funds transferred to the IBAN account linked to the user’s card.

BITSA SAS will act as a Data Processor under the instructions of BITNOVO®.