General Terms and Conditions

GENERAL CONDITIONS AND TERMS OF USE

1.- LEGAL INFORMATION

BITSA SAS is a simplified joint-stock company (SAS) registered with the Registre du Tribunal de Commerce de Nice under number 885097345, with a capital of 1,150,000 euros, VAT number FR79885097345 and whose registered office is located at 37-41 Boulevard Dubouchage, 06000 Nice, France.

Trade Name: BITSA®.

N.I.F.: FR79885097345

Phone: +33.422.530.991

E-mail address: info@bitsacard.com.

Through this document we provide you with the General Conditions of Contract, both our website and our app, with which you can access our platform, the BITSA® Platform.

The use of the services offered through the BITSA® Platform is governed by: these Conditions, the Conditions of Card Issuance and Use of Payment Services and their commissions, the Conditions of Contract of the Crypto module provider, our Privacy Policy and the Cookies Policy.

Please note that by accessing the site, you become a user, accepting the present Conditions of Access and Use.

We recommend that you carefully read the cited texts before taking any action.

2.- PURPOSE

The purpose of this contract is the provision of the services we offer through the BITSA® Platform, which is accessed through the website www.bitsacard.com (hereinafter the website) or the BITSA® mobile application (hereinafter the app).

If you access the BITSA® Platform and want to contract the services for the first time, you must create a user account. We will ask you for the following:

  • E-mail.
  • Region.
  • Cell phone.
  • Password.
  • Acceptance of the General Conditions and Privacy Policy.

For security reasons, we will send you, via SMS, a code to the phone number you have provided, and we will ask you to enter it to complete the creation of your user account.

And finally, to reinforce account security, we will ask you to generate a password to access the application.

Once you have created your account, by logging in you will be able to request any of the services described below.

If, on the other hand, you are already a customer, you will only have to access your user account by identifying yourself with your user name (e-mail) and password, where you will be able to see your products or services we provide and carry out operations.

2. SERVICES:

2.1. BITSA® Card.

Through our platform you can, if you wish, apply for your BITSA® card, both physical and virtual, by accessing your user account and starting the application process.

Application and payment:

Step 1: Card registration.

We will ask you for the following information:

  • Name
  • Surname
  • Date of birth
  • Nationality
  • Type of Identity Document
  • Document Number
  • Document expiration date

Step 2: Fiscal Address

You must provide us with the following information:

  • Address
  • Location
  • Province
  • Country
  • Region
  • Phone

Step 3: Ship-to address in case of physical card application

Tell us where you would like us to send your BITSA card to

  • Address
  • Zip Code
  • Location
  • Province
  • Country

Step 4: Payment details

Choose a payment method and, if applicable, the speed of delivery. Delivery within 24/48h, subject to shipping costs that you will have to assume.

We will indicate in the summary table the total amount you will have to pay.

You can check the price of the BITSA® card in the plans section of our website.

Finally, you will need to accept the validation boxes if you want to complete the purchase.


Identity verification:

Once the payment method has been chosen and processed through the different channels available to you, we will contact you by e-mail to start the identity verification process as the BITSA® card applicant and future cardholder.

This verification will be done through the BITSA® application, so if you have initiated the process through the web (if enabled, currently the web is only informative) we will ask you to download and install it on your cell phone.

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

Once the application has been downloaded and installed, as well as if you have started the process using it, we will ask you to access the application and start the verification process through the “verification” section, by entering the code that we will have previously provided you with.

You must send us a photograph of your ID card, and please note that we may request a selfie of you holding your ID card in your hand. Both photographs must be taken through the application.

The verification process is carried out as a due diligence measure derived from the current regulations on the Prevention of Money Laundering and Financing of Terrorism, which obliges us to identify all our customers, as well as to maintain updated information on them.

This verification process is outsourced to our technology partner, Sum and Substance Ltd.


Occupation.

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


Activation of the virtual BITSA ® Cardand delivery:

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

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

Pin:

We will communicate your card pin through the App.


IMPORTANT! As the card applicant, you are responsible for the accuracy of the information you provide and the documents you send us. In case of doubts, we will consider the verification process unsuccessful and we will not send you the requested BITSA® Card, without the right to reimbursement of the price paid, due to the management costs generated.


Associate card:

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

2.1.bis. BITSA® YOUNG card.

If you are a minor, and you are 16 or 17 years old, you can request the BITSA® YOUNG card, both physical and virtual, whose issuance and delivery is subject to the authorization of your mother, father or legal guardian.

As mentioned above, to access our services you must create a user account. Once the account has been created, by accessing it, you will be able to start the BITSA® YOUNG card application process.

Request

Personal data:

We will ask you for the following information:

  • Name.
  • Last name.
  • Date of birth.
  • Nationality.
  • Type of Identity Document.
  • Document Number.
  • Document expiration date.

When you enter your date of birth, a message will appear indicating that your parents or, if applicable, your legal guardian must authorize your account. Therefore, we will ask you to provide us with your email address to start the authorisation process.

Authorization:

Your mother, father, or legal guardian will receive an email indicating that you need their authorization. If they have a BITSA® account, they will only need to access it and approve your request. If you do not have a BITSA® account, you only need to follow a few simple steps:

  1. Download the app.
  2. Register your personal data.
  3. Create an account.
  4. Verify your identity.

Once the parent or guardian has verified his or her identity, he or she may accept the application of his or her child or dependent.

While the authorization process takes place, you will be able to continue with the application process.

You will need to tell us your address:

  • Address
  • Location
  • Province
  • Country
  • Region

And, choose a payment method, as well as the speed of delivery, in case of physical card application.

Choose a payment method and, if applicable, the speed of delivery. Delivery within 24/48h, subject to shipping costs that you will have to assume.

We will indicate in the summary table the total amount you will have to pay.

You can check the price of the BITSA® card in the plans section of our website.

Finally, you will need to accept the validation boxes if you want to complete the purchase.

Identity verification:

Once the payment method has been chosen and processed through the different channels available to you, you must verify your identity in accordance with the process described in Section 2.1.

Sending of the BITSA® YOUNG Card:

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


Pin:

We will communicate your card pin through the App.

2.2. Reloading the BITSA® Card

We offer you different ways of topping up your BITSA® card. You can choose between:

  1. Debit or credit card.
  2. Cryptocurrency
  3. Transfer
  4. Coupon

2.2.1. Visa® or MasterCard® debit/credit card.

You can reload your BITSA® Card by debit or credit card. We will ask you to indicate the amount you wish to recharge and the following information:

  • E-mail
  • Card holder
  • Card number
  • Expiration date (month/year)
  • CVV/CVC

Click on “Pay” to finalize the transaction.

The acquirer of the requested amount is the card issuer and payment service provider, which will recharge the indicated card with an amount of electronic money equal to the amount charged through your debit/credit card.

2.2.2. Cryptocurrency

You will be able to recharge your BITSA® card by selling your cryptocurrencies. The amount of the sale will be applied to your BITSA® card. Remember to send the cryptocurrencies through the same network indicated in the App, as well as that cryptocurrency operations are irreversible, so we advise you to follow the instructions detailed in the reloading process.

It is important to note that this service that we have enabled on our platform is offered by the BITNOVO® Platform, under the commercial agreements that we have signed and is governed by its own General Conditions that you have available on its website www.bitnovo.com, as well as in your Bitnovo® Application, and that you can also consult here.

BITNOVO® is a cryptoasset service provider registered in the Bank of Spain’s Registry of Virtual Currency for fiat currency exchange and electronic wallet custody service providers, with code number D687.

By using this service we understand that you have read these terms and conditions and that you expressly accept them.

2.2.3. Bank transfer.

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

In the section Reload BITSA® Card by transfer you will find the information you must provide to reload the card correctly.

It is very important to enter your BITSA® card registration number and your ID number as a concept so that the amount transferred can be applied to your card.

Within 24-48 days the issuer of your card will recharge your BITSA® card with an amount of electronic money equal to the amount transferred.

2.2.4. BITSA® redeemable coupons.

You will be able to recharge your BITSA® Card through redeemable BITSA® coupons that you can purchase at authorized stores or BITSA® ATMs. Once purchased, redeem it through our platform by entering the digits that form the code or scanning the barcode. The use of this service is subject to a fee (SEE SECTION 9). The amount of the coupon, once the fee has been deducted, will be applied to your card. The maximum amount of coupons that you will be able to redeem and, therefore, the maximum amount that you will be able to reload on your BITSA® card will be determined by the reload limits set according to the BITSA® Plan to which you are subscribed. The coupons are valid for three months from the date of purchase and unless there is an error in the coupon that prevents its redemption, no refunds will be allowed.

2.3 Sending money.

2.3.1. From BITSA® to BITSA®.

You will be able to transfer funds from one BITSA® Card to another BITSA® Card, to do so you must access the Send section and then click on the following link:

  • Card, we will ask you to indicate the identifier (number plate) of the BITSA® Card to which you wish to send money and the amount. Optionally you can indicate the concept.


Or you can send money from your BITSA® card to the contacts in your address book who are also BITSA® cardholders. In this case you will have to access to:

  • Contacts and select to whom you want to send balance.


We will show you a summary of the operation that you will have to confirm to finalize the transaction. Remember that once the operation is confirmed, it is irreversible.

2.3.2. Making SEPA transfers.

You can order transfers within the Single Euro Payment Area (SEPA) through your user account. To do so, all you have to do is select the Send IBAN option and indicate the amount, the concept and the IBAN number of the beneficiary.

In this case, you will have to enter the passwords to access your user account, and the second authentication factor if you have one.

2.4 Withdraw. Pin Cash

ATM

You will be able to withdraw cash at 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® point. Indicate the amount you wish to withdraw and we will generate a Pin Cash voucher for that amount which will be automatically deducted from the balance of your BITSA® Card.

Your Pin Cash coupon will expire three months after its creation. You will be able to cancel it whenever you want, as long as you are within that period. The balance of the cancelled coupon will be instantly refunded to your BITSA® card.

2.5. Check your card balance and transactions.

Through our platform you can consult the movements made with your card, as well as the available balance. You can view the latest movements by accessing “latest movements”.

You can also consult your movements referring to specific dates by filtering the search and indicating the specific period you wish to consult.

2.6. PIN Inquiry/Request.

If you need us to remind you of your card PIN, you will be able to view it through the App.

2.7 Deactivate

You will be able to temporarily block your card and prevent its use.

We recommend this option in case of loss or theft, without prejudice to the corresponding reliable communication that you must make in case of any of these events through the channels that we have made available to you.

2.8. Crypto module.

BITSA® through its technological partner BITNOVO® offers you the possibility to buy and sell cryptocurrencies through the crypto module included in the BITSA® App. BITNOVO® is a cryptoasset service provider registered in the Registry of Service Providers for the exchange of virtual currency for fiat currency and custody of electronic wallets of the Bank of Spain, with code number D687.

Before accessing the crypto module, we must carry out a suitability test to determine your financial knowledge and thus assess the suitability or not of cryptocurrency operations. Once the questions have been answered, we will let you know the result. It is important that you read carefully, before trading, the information on the risks of investing in cryptoassets, as indicated in Circular 1/2022 of January 10 of the National Securities Market Commission, which can be consulted in the the following link.

Once you access the module you will be able to view 3 panels. Portfolio, Popular and 24h Upload.

  • In Portfolio: you will see the amount and the cryptocurrencies you have bought, being able to buy or sell such cryptocurrency, as well as the price at the moment of accessing and the date of the operation, together with the purchase value, the commission applied and the value received, as well as the transaction ID. You will also be able to see the current value and the variation of the value with respect to the date of the operation.

  • In Popular: you will see the cryptocurrencies that you can acquire through the module.

  • In 24h Rise: you will see the variation of the prices of the different cryptocurrencies supported by the crypto module.


Buying process: Select the cryptocurrency you wish to purchase, indicate the amount in euros you wish to buy from the available balance in your BITSA® account and accept the transaction. You can see the summary of your purchase where it will appear:

  • the total amount payable in euros,
  • the commission and
  • the amount received of the purchased cryptocurrency.


Selling process: Select the cryptocurrency you wish to sell and enter the amount. In the following screen you have the summary with:

  • the quantity to be sold,
  • the commission and
  • the amount received in euros.

The crypto module supports trading of the main cryptocurrencies on the market. BITNOVO® works to support an increasing number of cryptocurrencies and that these have all the functionalities, so you can only operate with the cryptocurrencies supported in the crypto module. We recommend that, before buying or selling, you check the cryptocurrencies that are operational for trading in the crypto module.

The service of buying and selling cryptocurrencies has a commission, which you can see in the fees section, on the amount of purchase or sale, depending on theBITSA® plan you are subscribed to.

Due to the nature of the service, you must understand and understand that cryptocurrency transactions are irreversible, so you will not be able to withdraw once the transaction of buying or selling cryptocurrency has been completed.

3. BITSA® PLANS

To adapt to your needs, we offer you BITSA® PLANS. To enjoy any of them, you just have to choose the one that best suits you and subscribe easily through the configuration section of the app.

More information


Subscription conditions:

Your BITSA® card is linked by default to the FREE PLAN. If you want to upgrade your account, and enjoy the advantages that we offer you through both the MOVE PLAN and the PRO PLAN, you can do so, as mentioned above, through the App’s Configuration Menu.

You can choose between a monthly subscription, or take advantage of our cheaper annual subscription offer. We will charge the amount in question to your BITSA®.Editor card.

You can cancel your subscription at any time, through the section provided for this purpose in the App, but you must bear in mind that:

The cancellation will take effect as of the next monthly or annual payment, depending on the type of subscription you have chosen, which, therefore, we will not charge your BITSA® card, returning you to the FREE Plan.

The subscription will remain valid for the period of time you have paid prior to the cancellation request. This means that BITSA® will not refund the amounts you have paid for the monthly or annual payment in question.

Therefore, if you do not wish to continue with the PLAN to which you have subscribed, you must request cancellation before the end of the monthly or annual payment in question in order to prevent us from charging the subscription fee corresponding to that monthly or annual payment.

You can upgrade your account whenever you want, requesting, as specified, the upgrade to the next PLAN, since with each one you can enjoy greater advantages than with the previous one. In this case, you must take into account that:

You must pay the corresponding monthly or annual subscription fee in full.

The change of Plan will be immediate once said fee has been paid.

You will not be entitled to a refund or compensation for any amounts paid under the previous plan that are still in force.

4. ACCESS AND USE OF THE BITSA PLATFORM®

4.1. Requirements for access to services.

To access the BITSA® platform, you do not need to complete 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, register and verify your identity as described above.

And if you are a minor, and you are 16 or 17 years old, you must also be authorized by your mother, father or legal guardian responsible for the fulfillment of all obligations arising from the provision of services.

4.2 Obligations.

When you ask us to provide you with any of the services that we make available to you through the BITSA® platform, you agree to:

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

Provide any other information that we may require from you in compliance with obligations arising from the current regulations on the prevention of money laundering and terrorist financing. We may collect information about you if we have indications that the information provided is not correct. If we conclude from the information obtained that there is any inaccuracy in the data provided, we reserve the right to unilaterally cancel the service contract.

To guarantee that all the data communicated through the completion of the forms, the verification process or that you have provided later when we have requested it, are true and authentic.

Likewise, it is your responsibility to keep your information updated so that it corresponds to your real situation at all times. You will be responsible for any damage that you may cause us or that you may cause to third parties as a result of the use of data that is not updated, false or that does not correspond to reality.

Confirm acceptance of these Terms, the Terms of Card Issuance and Use of Payment Services, our Privacy Policy and our Cookie Policy.

Likewise, you will be solely responsible for the proper custody and strict confidentiality of the password to access your user account, the pin code communicated by the issuing entity and the digits of the electronic signature that we have provided you, agreeing not to transfer its use to third parties. Likewise, you are responsible for the security of your device. We will consider that any access identified and authenticated with your username and password is legitimate and has been made by you, being, therefore, solely responsible for the acts performed through such access. You must notify us immediately and inexcusably by email to soporte@bitsacard.com any fact that allows or may allow the abuse of codes and/or passwords, otherwise, we will be exempt from any liability that may arise from the incorrect, fraudulent or false use that may be made.

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

4.3. Behavior.

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

Not to carry out any activity that hinders or interferes with the operation of the services.

Make proper use of the services included in our platform in a diligent, correct and lawful manner, in accordance with the law, the legal notice, these conditions and the general conditions of the services you access, regulations of use and instructions that we have communicated or made public, as well as morality and generally accepted good customs and public order. To this end, you must refrain from requesting services for purposes or effects that are illicit, prohibited, harmful to the rights and interests of third parties, or that in any way may damage, disable, overburden, impair or impede the normal use of the services, computer equipment or documents, files and all types of content stored on any of our computer equipment, other customers or users or any Internet user (hardware and software).

Likewise, you expressly agree to:

  1. Not to store, use, transmit or disseminate child pornography or other obscene, violent, illegal, xenophobic or defamatory materials.
  2. Not to use the network to transmit or advertise language that is defamatory, hurtful, abusive, threatening or contrary to the right to honor, personal or family privacy or the self-image of individuals, or that in any other way is contrary to, belittles or infringes upon the fundamental rights and public freedoms recognized in the constitution, international treaties and other current legislation.
  3. Not to store, use, transmit or disseminate Cracks, program serial numbers or any other content that infringes the intellectual property rights of third parties.


And you will refrain from:

  1. Distributing Internet viruses, worms, Trojan horses or any other destructive activity, such as saturation, mailbombing, or denial of service attacks.
  2. Collect and/or use personal data of other users without their express consent or in contravention of data protection regulations.
  3. Use the mail server of the domain and e-mail addresses for the purposes of so-called spamming (sending unwanted bulk mail, commercial or otherwise).
  4. Destroy, alter, disable or otherwise damage our or third parties’ data, programs or electronic documents.
  5. Obstructing the access of other users through massive and unjustified consumption of computer resources through which we provide our service, as well as actions that damage, interrupt or generate errors in such systems.
  6. Use the system to attempt to access restricted areas of the server, without our proper authorization.


You shall be liable for any damages that you may cause to us or to third parties as a result of your failure to comply with these obligations.

Therefore, in case of non-compliance with these obligations, we reserve the right to deny you access or not to provide you with the services, at any time and without prior notice.

4.4. Service abuse.

When we detect abusive use of the services and/or non-compliance with the rules set out herein, we may penalise you with a surcharge on the services.

4.5. Availability of services. Guarantees and Responsibilities.

Services offered through the BITSA Platform® may vary over time. We will inform you of any changes that may occur, as well as if we decide to cancel the continuity of a certain service and the conditions for its termination.

We may block your access to the services, in whole or in part, if you breach these Terms.

Although we use systems that are compatible with most of the existing technology on the market, we cannot guarantee compatibility with the device you use to access the BITSA Platform ®.

We cannot guarantee the availability and continuity of the operation of the platform, being 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 failure. This disclaimer of liability shall also apply in the event of any failure or malfunction causing damage to third parties’ computer tools. Therefore, the access to the BITSA Platform® is at your own risk.

There may be cases of unavailability of services due to force majeure or technical reasons, not being responsible for any damages that may occur, nor for any losses that may arise as a result of events that could not have been foreseen, or that foreseen were unavoidable, either by accident or force majeure.

We are not responsible for any type of failure, technical error, accident, breakdown, manipulation, interruption of services or any other incident that may arise in products, equipment or technical services outside our control whose use is necessary for participation in the services.

We use safeguards to protect the BITSA Platform® and virus detection software to minimise risks as much as possible. However, we cannot guarantee the absence of viruses or other elements on the platform introduced by third parties external to us that may cause alterations in the physical or logical systems of the users or in the electronic documents and files stored in their systems. Consequently, we shall in no event be liable for any damage and/or harm that may result from the presence of viruses or other elements.

We will not be liable for any relationships you establish with third parties, even if those relationships arise from accessing our platform. In the event that you make any claim or take any legal action against a third party, you expressly release us, our employees, suppliers and other partners from all liability.

Any incident related to the provision of payment services will be the responsibility of the card issuer and payment service provider.

4.6. Temporary suspension of service on the BITSA® Platform.

We may interrupt the services temporarily to perform maintenance tasks that are necessary for the proper functioning of the BITSA Platform.

We may also suspend the provision of services temporarily if:

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


We will maintain this situation for a maximum of 30 days from the beginning of the suspension, after which it will become definitive if you have not proceeded to regularize the situation.

5. INTELLECTUAL AND INDUSTRIAL PROPERTY

We own the industrial property and intellectual property rights in and over the BITSA name.®, the BITSA logo®, BITSA’s Services and website®, as well as on the BITSA application, so they may not be subject to exploitation, reproduction, distribution, modification, public communication, transfer or transformation, unless expressly authorized by us, being strictly forbidden the alteration of the content or structure of the BITSA Platform.®.

By accepting these Terms and Conditions, we provide you with a non-exclusive, free license to use the BITSA Platform.® and the Services we provide through it. You may not copy, reproduce, modify, sell or otherwise exploit, distribute or create derivative works from the website or application, or from any content, code, data, graphics or materials related to or included in such website or application.

6. CUSTOMER OR USER CARE. – CUSTOMER CARE.

In order to solve any doubt or incident that may arise regarding the access and use of the Platform BITSA®, our Customer Care Team is at your disposal and can be contacted:

by calling: +33.422.530.991, or

by sending an e-mail to soporte@bitsacard.com.

7. CHANNEL OF DENUNCIATION.

You may inform us of any unlawful or fraudulent conduct by third parties that you may have become aware of through our Whistleblower Channel, at the following e-mail address compliance@bitsacard.com.

We guarantee the confidentiality of all communications, which will be governed at all times by the provisions of current legislation on the protection of personal data.

8. COMMUNICATIONS

All communications, notifications and information that we must send you will be sent, as long as the applicable regulations allow it, by e-mail to the address that you have indicated in the registration form or to the one that you have notified us later, so we recommend that you check your e-mail regularly.

Likewise, we will consider validly carried out the communications that you send to the e-mail address: soporte@bitsacard.com.

Notifications shall be deemed to have been made and effectively delivered on the third working day counted from the day following that on which they are correctly sent to the addresses indicated.

However, when postal communication is mandatory, we will send you the corresponding communication or notification, by certified mail with return receipt requested, to the address you have indicated in the registration form or to the address you have notified to us subsequently.

Likewise, you may send your communications, by mail, to the following address:

BITSA SAS, société par actions simplifiée (hereafter BITSA®).

37 Boulevard Dubouchage (06000 Nice)

It is your responsibility to keep your contact information up to date, so you must notify us as soon as possible of any changes.

9. PRICE OF SERVICES AND METHODS OF PAYMENT

For the issuance of the card BITSA® , and the provision of the payment services linked to the issuance of electronic money stored in it, the issuing entity, and if applicable, we, shall be entitled to charge the fees whose concept and settlement parameters are detailed below.

Card issuance fee: will be accrued and paid only once at the time of issuance of each card.

Card replacement fee: it will be accrued and paid only once at the time of issuance, except in case of theft (a report must be filed).

Maintenance fee: this will accrue monthly for the operational maintenance of each card until its expiry date. This fee will be charged against the available balance of the card. No fee will be charged for the first year.

Commission for buying and selling operations in the crypto module: it will be accrued at the time of the purchase or sale, on the amount of the purchase or sale. The amount of the commission can be seen in the rates section, depending on the BITSA® plan you are subscribed to.

Commission for recharges: will be accrued and will be effective for each recharge made by means of a BITSA® coupon or point of sale recharge. When the top-up system is the sale of cryptocurrency, the exchange rate of said cryptocurrency will also be applied.

Commission for cash withdrawals through BITSA – Pin Cash points: will be accrued and paid for each cash withdrawal.

Fee for cash withdrawals at national ATMs: the fees applied by the bank will be charged. This fee will be charged against the available balance of the card.

Balance inquiry and movements through national ATM: will be accrued and paid for each inquiry charged to the available balance on the card.

Fee for cash withdrawals at international ATMs: will be accrued and charged to the available balance on the card for each cash withdrawal transaction made.

Balance inquiries and transactions through international ATMs: will be charged and paid for each inquiry made against the balance available on the card.

Transfers to a third party entity: will accrue and become effective for each transfer order and will be charged against the available balance of the card.

PIN consultation: will be accrued and charged to the card’s available balance for each PIN consultation made via SMS once the four free consultations have been exceeded.

Purchases in establishments outside the national area: will be accrued and paid for each purchase charged to the available balance of the card.

The amount of the applicable commissions will be available on the website, which will provide updated information: https://www.bitsacard.com/planes

We will charge you the BITSA® Card issuance fee (and, if applicable, shipping costs) immediately upon validation.

You will be able to make the payment using any of the enabled payment methods.

If you pay by debit and/or credit card, please note that at no time will we have knowledge of information relating to your card that are digitized directly in the payment gateway of the entity your card and that none of our computer files will contain or retain data of the keys used by the means of payment. Therefore, we can never be held responsible for any fraudulent or improper use of the means of payment that you have used to pay for our services.

If you opt for payment by cryptocurrency, you must remember that this service is offered by the entity BITNOVO®, in accordance with the provisions of Section 2.2.

If the chosen method is by wire transfer, we will inform you via email the steps to follow, account number and concept among other details.

Once the card has been requested and the issuing fee has been paid, you will receive an email containing all the terms of the transaction. You will also receive an email confirming that your BITSA®.E card has been sent.

No olvides que, procesado el pago, procederemos a realizar el proceso de verificación de identidad de acuerdo con lo establecido en el Apartado 2.1 de las presentes condiciones. Y, recuerda que es tu responsabilidad de acuerdo con lo establecido en dicho apartado, así como con lo establecido en el Apartado 3.2 comunicarnos todos los datos necesarios para la correcta prestación de los servicios y en su caso facturación que deberán ser veraces, actuales y ajustados a la realidad, especialmente en lo relativo a la forma de pago.

10.MODIFICATION OF CONDITIONS.

In case of modification of these conditions, either due to the introduction of new functionalities in the BITSA® Platform, or due to adaptation to legislative changes, we will proceed to publish them on the platform so that you can be aware of any changes that may occur. If you do not agree with the new conditions, you will have 60 days from the date of publication to terminate the contract, free of charge, by notifying us in writing. If after this period you continue to use the services provided through the BITSA® Platform, we will understand that you accept the update made.

11.EFFECTIVENESS

As stated in Section 1, access to the BITSA® Platform gives you the status of user, which implies your adherence to and compliance with these Conditions of Access and Use. However, when you contract our services we will require you to accept these Conditions of Access and Use, the Conditions of Issue and Use of the Payment Services, our Privacy Policy and our Cookies Policy, which will come into force at that time and will be applicable. Acceptance implies that you have previously read the aforementioned texts and understand them, confirming said acceptance by ticking the box provided for this purpose.

12. EXTINCTION AND RESOLUTION.

The present contract shall terminate:

  1. If you do not agree to the modification of these Terms of Access and Use or the Privacy Policy.
  2. If either party fails to comply with any essential obligation of this contract, the other party shall be entitled to unilaterally terminate this contract.
  3. If you decide to terminate the contractual relationship with us, you must inform us in writing in a reliable manner.

13. NULLITY OF ANY DISPOSITION.

The nullity of any or some of the provisions contained in these Conditions of Access and Use shall not affect the rest of the contract, which shall remain in force.

14. CONFLICT RESOLUTION.

By accepting these Conditions of Access and Use, you agree that in the event of any dispute arising in connection with the access and use of the BITSA® platform, or with regard to the interpretation of this contract, you will try to resolve it amicably, communicating such dispute to us through the various communication channels that we have made available to you (Section 5).

We will reply within a maximum of 15 working days from receipt of the communication.

If we are unable to resolve the dispute amicably or if the solution proposed is not satisfactory to your interests, you may go to court.

15. ASSIGNMENT AND SUBROGATION.

If we deem it necessary to carry out the purpose of this contract as set forth in these conditions, we may assign the contracts entered into with our customers, with the assignee party being subrogated to all rights and obligations arising therefrom.

You may not assign, subrogate or assign all or part of the rights or obligations under these conditions to a third party.

16. DATA PROTECTION/LINKS.

16.1. Data Protection

Our Privacy and Cookies Policy sets out how we obtain, process and protect the personal data that you have provided us with or that we have collected through forms and/or cookies, in accordance with the provisions of current legislation on data protection and especially as provided for in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals 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 more information, please refer to the Privacy Policy and the Cookie Policy.

16.2. Links to third party websites

You will be able to find links on the web, as well as in the app, that may redirect you to third party websites.

If you decide to interact or contract products or services of third parties through these pages, please note that they are totally unrelated to us, and that you will be subject to their respective General Conditions and Privacy Policies, so we recommend that you consult them beforehand.

We will not assume in any case, any liability for damages that may arise from access, use or inability to use, on your part, the aforementioned links to third party websites. Likewise, we will not assume any responsibility for the incorrect use that may be given to the personal data that you provide to such third parties through their web pages.

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

17. APPLICABLE LAW, COMPETENT JURISDICTION.

These terms and conditions shall be interpreted and governed by EU law transposed to France. Any dispute that may arise regarding access to and use of the website and the BITSA® application shall be submitted to the Courts of Nice (3 Place du Palais de Justice, 06300 Nice, France).