Shapebtc (website address: https://shapebtc.com) is a platform for online cryptocurrency exchange (hereinafter referred to as the Trading Platform).
The document containing the Terms of Use, together with any supplementary documents, appendices, terms that are an integral part of this agreement, constitutes a complete agreement between users and the platform (hereinafter - "Terms"). In cases of discrepancies between the main Terms and additional documents, the provisions of these Terms shall prevail. Any other information presented on the Trading Platform website, or statements made orally or in writing, are not part of these Terms and are not considered a formal agreement between the parties. All interactions with the Trading Platform and the Services provided are governed by these Terms.
By accessing the resources of the Trading Platform, viewing or downloading their content, and using the offered Shapebtc Services, you confirm your familiarity with and agreement to our Privacy Policy, acknowledge your understanding and acceptance of the Terms without any reservations. Shapebtc reserves the right to modify the Terms at any time and without notice. By agreeing to these Terms, you agree to monitor their updates and consent that subsequent use of the platform after changes to the Terms constitutes your agreement to the updated provisions.
You are not granted any rights to the Trading Platform except for the use of platform resources in accordance with the Terms and specific conditions and provisions governing certain Services or sections of the website. You are not entitled to represent yourself as the owner of rights to the Trading Platform.
Access or use of the Services and Trading Platform is prohibited if you are located, registered, or legally established in certain countries, or if you are a citizen or resident of countries, including but not limited to: Afghanistan, American Samoa, US Virgin Islands, Guam, Iran, Yemen, Libya, Pakistan, State of Palestine, Puerto Rico, Somalia, DPRK, Northern Mariana Islands, USA, Syria, Russian Federation, Republic of Belarus, Sudan, Transnistria, Abkhazia, South Ossetia, Turkish Republic of Northern Cyprus, Western Sahara, Ambazonia, Kosovo, as well as territories of Ukraine temporarily occupied, and other countries subject to UN Security Council sanctions (hereinafter referred to as "Prohibited Jurisdictions"). Shapebtc has the right to control access restrictions to the Services or the platform in the specified jurisdictions. In case of detection of access from a Prohibited Jurisdiction or provision of false information about your location, citizenship, or place of residence, Shapebtc may immediately terminate the provision of Services.
Definitions
According to these Terms:
"API" is defined as application programming interfaces;
"Applicable law" includes civil law, common law, statutes, regulations, conventions, decrees, governmental decisions, judicial rulings, and other legally significant documents and decisions that You or any member of Shapebtc must comply with in using or providing the Services.
"Participant" means any user of the Trading Platform.
"Services" include websites, applications, and other services provided by members of Shapebtc, including:
a) the Shapebtc online platform for cryptocurrency exchange (website address: https://shapebtc.com);
b) any content downloaded from Shapebtc websites;
c) various information, publications, or materials provided by Shapebtc members in connection with any subject, including research results, market data, or blogs;
d) additional features, content, or services available through Shapebtc websites or applications.
"Trading Platform" is a web platform for cryptocurrency trading available at: https://shapebtc.com, including its subdomains, API, and other resources owned by Shapebtc related to this platform.
1. Access Rules
1.1: In the process of accessing and using the Services, it is necessary to:
a) avoid actions related to earning income from illegal or prohibited activities, including but not limited to, using services to hide the origin of cryptocurrencies, engaging in activities on black markets, laundering proceeds, or financing terrorism; (ii) prevent attempts to disseminate prohibited or illegal information; (iii) not violate applicable law;
b) avoid attempts to breach the security or integrity of Shapebtc systems or third-party systems providing Services;
c) not use the Services in a way that could disrupt their provision or the operation of the Trading Platform, as well as harm the ability of other users to use the Services or the Trading Platform;
d) not attempt to access unauthorized materials on the Trading Platform;
e) not upload files to the Trading Platform that could harm other individuals; not disseminate materials that violate the law;
f) avoid actions aimed at altering, copying, or adapting the Trading Platform software, except where necessary for its operation;
g) keep login data for the Trading Platform confidential;
h) promptly report to Shapebtc any security breaches related to the use of the Trading Platform;
1.2: The use of Services may be subject to certain limitations, including maximum transaction volume and the number of API requests. You will be notified of such restrictions.
1.3: By accessing the Trading Platform and using the Services, you confirm that:
a) you accept and agree to these Terms;
b) you are at least 18 years old and have the legal capacity to enter into agreements under the law;
c) you are the lawful owner or authorized user of the funds transferred to an account at Shapebtc, and that these funds have a lawful origin;
d) your use of the Services does not contravene the law;
e) you understand the risks associated with the use of the Services and have the necessary knowledge to assess them;
f) you provide accurate and up-to-date information for identity verification;
g) you control the cryptocurrency withdrawal address provided by you;
h) you understand the prohibition on the use of Services if you are located in a Prohibited Jurisdiction or provide false location data;
i) you have not violated Applicable Law, been subject to sanctions, or warnings from governmental authorities;
j) you are not and do not control individuals subject to sanctions, and do not engage in operations that may lead to sanctions.
1.4: Shapebtc may request identity verification in accordance with Applicable Law at any time.
1.5: You undertake to assist in the procedure of proper customer verification by providing the required documents and information.
1.6: In case of suspicion of conducting suspicious transactions, or violation of these Terms, we have the right to suspend any operations. We disclaim liability for any losses arising from such suspension. You agree to indemnify for losses arising from your actions or the need for early closure of operations. When an operation is frozen, an investigation will be conducted, during which your cooperation may be required.
1.7: We reserve the right to close operations at our discretion at any time.
1.8: You are responsible for providing correct data, including withdrawal addresses. We are not responsible for errors in data leading to loss of funds. You are obliged to ensure that all operations and instructions sent to us are correctly formatted and submitted.
1.9: We are not responsible for losses or missed profits resulting from the termination of operations.
2. Commissions
2.1: You acknowledge your agreement that fees apply for the use of the Services.
2.2: Shapebtc reserves the right to change the cost of services at its discretion and at any time. All changes in the payment structure will take effect from the moment of their publication for all Services, including operations conducted through the Trading Platform.
3. Privacy Policy
3.1: You can find more detailed information about methods of ensuring the protection and confidentiality of your data at Shapebtc in our Privacy Policy at the following link:
https://shapebtc.com/ru/docs/privacy-policy
4. Obligations and Guarantees
4.1: You confirm that:
a) you have the authority to access the Services and use them. This implies that in all jurisdictions where you reside or are registered, you are allowed to use the Services and the Trading Platform;
b) if you use the Trading Platform on behalf of third parties or organizations, you have the appropriate authority to do so. This person or organization is responsible for your actions, including any violations of the terms;
c) you use the Trading Platform and Services, understanding all risks. Shapebtc is not responsible for losses or damages resulting from the use of the Services.
4.2: You acknowledge that:
a) the information on the Trading Platform is provided for reference purposes only. Despite efforts to keep the information current and complete, it may be incomplete or inaccurate for your purposes. Information and Services do not constitute an invitation to engage in specific types of transactions and do not take into account individual investment objectives or financial status of specific users;
b) Shapebtc does not promise continuous and error-free operation of the Trading Platform. The availability of services may be subject to various factors, including technical malfunctions and network issues.
4.3: You guarantee that your access to the Trading Platform and its use, as well as your agreement to these Terms, are conducted within the framework of conducting business. You confirm that all consumer guarantees or laws intended to protect non-commercial organizations do not apply to your use of the Trading Platform and these Terms.
5. Limitation of Liability
5.1: According to these Terms, Shapebtc's liability remains indisputable for:
a) any fraudulent actions;
b) other actions, violations, not subject to exclusion or limitation under applicable law.
5.2: Considering the liability limits established by law:
a) Shapebtc shall in no event be liable for:
i) indirect losses or consequences;
ii) loss of profits, business opportunities, income, as well as damage to business reputation, arising from contractual breaches, damage (including liability for actions exceeding ordinary expectations in similar circumstances), failure to fulfill legal obligations, or other situations related to the use or misuse of Services or contract terms, even if Shapebtc representatives or affiliated parties have been informed of the possibility of such losses;
b) Shapebtc's total liability arising from contractual obligations, damage (including due to actions or omissions not meeting the standards of due care) or other reasons related to the performance or violation of the terms of this agreement, is limited to the total amount of cryptocurrency paid by you as a commission for trading operations on the Trading Platform for six months prior to the date of the incident or the first of a series of related events leading to the complaint.
6. Settlements
6.1: All settlements made by the trading algorithm of the Trading Platform and confirmed by Shapebtc are considered final. Shapebtc does not guarantee continuous error-free operation of the Trading Platform.
7. Compliance with Confidentiality
7.1: You undertake to keep confidential all Confidential Information obtained in the process of using the Trading Platform.
7.2: For the purposes of these Terms, "Confidential Information" means any information, regardless of its form of presentation, whether written or oral, that is confidential, a trade secret, or other proprietary information, clearly designated as confidential at the time of disclosure, or that, under the circumstances of disclosure, may be considered confidential. Exceptions are information that: (i) was known to the recipient before it was provided by us; (ii) became publicly available without violation by you of the law; (iii) was lawfully obtained from a third party without breach of confidentiality obligations; (iv) was independently developed. Also, these obligations do not prevent the disclosure of Confidential Information: (A) at the request of law to third parties with our written consent; or (B) if necessary to comply with legal requirements of competent authorities, provided that Shapebtc is informed to the fullest extent permitted by law.
8. Force Majeure Circumstances
8.1: The liability of the parties for non-performance or delay in the performance of obligations is considered exempted if it occurred due to circumstances beyond the reasonable control of the parties, including, but not limited to, natural disasters, mass riots, military actions, acts of vandalism, fires, disruptions in power supply, as well as decisions of state authorities.
9. Preservation of Provisions
9.1: The invalidity or unenforceability of any provision of these Terms by a court decision does not affect the validity and enforceability of the remaining provisions. In the event that any provision is found to be unenforceable, the parties agree to modify such provision to make it enforceable within the limits permitted by law.
10. Applicable Law
All terms and obligations arising from these Terms or related to them are governed and interpreted in accordance with the laws of the United Kingdom.
11. Dispute Resolution
The exclusive jurisdiction of the courts of the United Kingdom determines all procedural issues arising in connection with these Terms or concerning them, including disputes about the existence, validity, or termination of these Terms, as well as the consequences of their invalidation.