Terms & Conditions

Updated: May 9, 2024

These terms and conditions are the agreement between you as a “User” (also referred to herein as “you” and “your”) of the website www.bitwelle.com (the “Website”) and Matej Bernatovic – Web3 Solutions Attel 4, 83512 Wasserburg, Germany (referred to as “we” or “us”) as operators of the Websites regarding the use of the Websites and the services available from the Websites (the “Service”). By accepting these Terms and Conditions on the Websites by means of clicking the “I accept” button or another affirmatory action, you are consenting to these Terms and Conditions that may be amended from time to time as set forth herein.
Please review our Privacy Notice located at https://bitwelle.com/privacy-policy, which is incorporated into these Terms and Conditions by this reference and therefore an integral part thereof.

Services

Our Services include data, knowledge, tracking and analytic functions to enable better investment and trading decision in crypto currencies and coins, and to ease management of protfolios. As part of the Services, we undertake analyses of visitors of our Websites and users of our Services to great anonymous, aggregated sytatistics and intelligence for the benefit of our users which is made available to you as part of the Services. It is a core part of our Services that our user community benefit from the overall trends (e.g. how many of our users have Bitcoins in their portfolio).

Access and use of Service

We grant you a temporary, strictly personal, revocable, non-transferable limited license to use the Service solely for non-commercial purposes. Your license is personal to you, and you may not transfer or share your license with any other person (including, but not limited to, your co-workers, family members and similar).
No intellectual property rights or other rights are transferred with this license.

Under the terms of this license you shall not:

– copy, change, modify or obscure the content or code of the Service;
– use the content or code for commercial purposes
– not present the content or code in public (neither for commercial nor non-commercial purpose)
– attempt to decompile or reverse engineer the software contained on the Website;
– use or export or re-export any content or any copy or adaptation of such content on the Website or the Service in violation of any applicable laws or regulations;
– Reproduce, retransmit, disseminate, sell, publish, broadcast the Service or any portion of it;
– remove copyright or other copyrighted names from the content or code; or
– transfer the content or code to another person and “mirror” the materials to another server.

You shall be responsible for ensuring the accuracy, completeness, legality and appropriateness of any information provided by you to us.

You will ensure that you have sole knowledge of your passwords / username and that the security (secrecy) of passwords and username in connection with the Service is guaranteed at any time. In particular, you may not disclose or otherwise make them available to any other person. It is always assumed that you are the user of your password and username and bear full responsibility to all use and access to the Service. You are obliged to inform us immediately, if you become aware of a possible breach of data security, such as f.e. the unauthorized disclosure or use of your password.

You acknowledge that:

– We do not provide investment advice and that you will not treat any of the Service’s content as such;
– We do not recommend any financial product;
– We not recommend that any financial product should be bought, sold or held by you;
– the information which may be referred to in the Service may not be suitable for you and that you should not make any investment decision without consulting fully qualified financial advisor.

Restriction of Use

You agree not to use the Service or its content:

• for any unlawful or illegal fraudulent, unlawful, defamatory, harassing, abusive, obscene, or any other inappropriate purposes or purposes that infringe upon our or another party’s intellectual property rights purpose;
• to solicit others to use the Service for an unlawful or illegal purpose;
• to circumvent any laws or regulations; to infringe upon the rights of any other party;
• to copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, transfer, sell, license, upload, edit post, frame, link, or in any way exploit any part of the Service or its content, unless you have obtained prior written consent from us;
• to use the Service or its content for any commercial purpose;
• you may not use any of the materials contained in the Service other than for the non-commercial purpose of viewing, reading and retaining for reference;
• to transmit or upload any viruses, malware or malicious code; to spam, phish or defraud other actual or potential other users of the Service;
• to use or attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automate device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Service, any data or content found on or accessed through the Service;
• or for any purpose that is not consistent with these Terms and Conditions.

The Service is not intended for the use of children under 18 and no such person is authorized to use them. By using the Service, you are representing that you are at least 18 years old. By accessing or using the Service, you represent that you are of legal age to enter into legally binding agreements.

You will use the Service at any time strictly in compliance with all applicable laws, rules and regulations.

You may neither interfere with nor attempt to interfere with nor otherwise disrupt the proper working of the Service. You shall not by any means violate the security of the Service or attempt to gain unauthorized access to the Service and/or parts of the Service.

You agree to use the Service solely for your own non-commercial purposes.

Subscription Fees

Some basic features of the Website are provided free of charge, whereas certain premium features are subject to the payment of a service fee (the “Subscription Fee”). When you sign up for a premium feature, the Website describes the functionalities of the premium features as well as the corresponding Subscription Fee.

Subscription Fees are due in advance and are non-refundable. Payment must be made via the accepted payment methods as set out on the Website for the respective premium feature.

We reserve the right to amend unilaterally, at any time and its sole discretion the premium features and the corresponding Subscription Fee. In such cases you are informed at least 15 calendar days in advance and will be granted in our sole discretion either an extraordinary termination right or the right to profit from the improved or added premium features until the end of your subscription period for the original Subcription Fee. Thereafter the Subscription Fee will be automatically amended. Should you be granted a terminantion right due to such change and decide to exercise it, the Subscription Fee paid will be refunded pro-rata. Should you not terminate the subscription, that change of features and Subscription Fee will be deemed accepted and Subscription Fee already paid will be credited against the new Subscription Fee.

Intellectual Property

All materials contained on the Websites and provided via the Service are the sole and exclusive intellectual property (copyright) of us and/or our licensors. This includes, but is not limited to graphics, text, source code, the selection, arrangement and presentation of all materials and the overall design of the Service.

No Warranties

To the fullest extent permitted by law:

YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE SERVICE AND ANYTHING CONTAINED WITHIN THE SERVICE, INCLUDING, BUT NOT LIMITED TO, CONTENT AND INFORMATION, ARE PROVIDED “AS IS” AND “AS AVAILABLE” ON A COMPLEMENTARY AND VOLUNTARY BASIS.

BITWELLE DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO THE SERVICE. IN PARTICULAR, YOU AGREE THAT BITWELLE ASSUMES NO WARRANTY FOR THE CORRECTNESS, ACCURACY AND COMPLETENESS OF THE SERVICE AND THE WEBSITE.

BITWELLE’S LIABILITY AND WARRANTY ARE LIMITED TO INTENT AND GROSS NEGLIGENCE. IN NO EVENT WILL BITWELLE, ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR THE ASSIGNEES OF SAME BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, BUSINESS INTERRUPTION, REPUTATIONAL DAMAGE, LOSS OF PROGRAMS OR INFORMATION OR DATA, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, INABILITY TO USE THE SERVICE, OR ANY INFORMATION PROVIDED ON OR DOWNLOADED FROM THE SERVICE, EVEN IF BITWELLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. OR (II) ANY CLAIM BASED ON ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SERVICE.

EVEN THOUGH BITWELLE STRIVES TO MAKE THE SERVICE AVAILABLE 24/7, BITWELLE DOES NOT GUARANTEE UNINTERRUPTED AVAILABILITY OF THE SERVICE AND SHALL NOT BE LIABLE FOR ANY DELAYS, ERRORS OR INTERRUPTIONS IN THE TRANSMISSION OR DELIVERY OF DATA VIA THE SERVICE. BITWELLE DOES NOT WARRANT THAT THE SERVICE AND THE WEBSITE ARE FREE OF VIRUSES, WORMS OR “TROJAN HORSES,” OR ANY OTHER HARMFUL, INVASIVE, OR CORRUPTED FILES, OR OTHER HARMFUL COMPONENTS OR THAT THIS WEBSITE OR THE SERVICE DO NOT VIOLATE ANY THIRD PARTY RIGHTS. BITWELLE HEREBY EXCLUDES ALL WARRANTY AND GUARANTEES TO THE FULLEST EXTENT PERMITTED BY LAW.

BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT INTERNET TRANSMISSIONS ARE NEVER COMPLETELY PRIVATE OR SECURE. YOU UNDERSTAND THAT TRANSMISSIONS TO OR THROUGH THE SERVICE MAY BE INTERCEPTED BY OTHERS, AND YOU ASSUME THE RISK OF SECURITY BREACHES AND THE CONSEQUENCES RESULTING FROM THEM. YOU AGREE TO NOT SEND US ANY SENSITIVE PERSONAL INFORMATION.

Disclaimer

NEITHER THIS WEBSITE NOR THE SERVICE PROVIDES ANY INVESTMENT ADVICE. ALL DATA IS PROVIDED FOR INFORMATION PURPOSES ONLY AND IS NOT INTENDED FOR TRADING PURPOSES. WHILE BITWELLE USES COMMERCIALLY REASONABLE EFFORTS TO PERIODICALLY UPDATE THE INFORMATION PROVIDED ON THE WEBSITE AND THE SERVICE, BITWELLE CANNOT GUARANTEE THAT THE INFORMATION PROVIDED IS ACCURATE, COMPLETE, OR UP-TO-DATE.

NO INVESTMENT DECISION SHALL BE BASED ON THE INFORMATION CONTAINED ON THE WEBSITE OR THROUGH THE SERVICE AND YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN INVESTMENT DECISIONS. BITWELLE IS NEITHER LIABLE NOR RESPONSIBLE FOR ANY INJURY, LOSSES OR DAMAGES ARISING IN CONNECTION WITH ANY INVESTMENT DECISION TAKEN OR MADE BY YOU BASED ON INFORMATION BITWELLE PROVIDES. NOTHING CONTAINED IN THE SERVICE SHALL CONSTITUTE ANY TYPE OF INVESTMENT ADVICE OR RECOMMENDATION (I.E., RECOMMENDATIONS AS TO WHETHER OR NOT TO “BUY”, “SELL”, “HOLD”, OR TO ENTER OR NOT TO ENTER INTO ANY OTHER TRANSACTION INVOLVING ANY CRYPTOCURRENCY). ALL INFORMATION PROVIDED BY BITWELLE IS IMPERSONAL AND NOT TAILORED TO YOUR NEEDS. BITWELLE DOES NOT EXPRESS ANY OPINION ON THE FUTURE OR EXPECTED VALUE OF ANY CRYPTOCURRENCY AND BITWELLE DOES NOT EXPLICITLY OR IMPLICITLY RECOMMEND OR SUGGEST AN INVESTMENT STRATEGY OF ANY KIND. BY USING THE WEBSITE AND SERVICE YOU ACKNOWLEDGE THESE DISCLAIMERS.

THE INFORMATION PROVIDED RELATES TO A DYNAMIC, HIGH RISK TYPE OF CURRENCY AND IS SUBJECT TO PERMANENT CHANGE. CRYPTOCURRENCY IS NEITHER SUBJECT TO A CENTRALIZED REGULATION BODY NOR IS BACKED BY ANY CORRESPONDING VALUE SUCH AS, E.G., COMPANY SHARES, RAW MATERIALS, GOLD. ACCORDINGLY, ANY CRYPTOCURRENCY IS A HIGHRISK INVESTMENT, WHICH MAY RESULT IN TOTAL LOSS OF ITS VALUE AND SOLELY SUBJECT TO THE DYNAMICS OF THE MARKET AND THE LEVEL OF DEMAND AND SUPPLY. ITS VALUE IS VULNERABLE TO STRONG FLUCTUATIONS AND MIGHT EVEN INVOLVE ARBITRARY CHANGES THAT ARE NOT FORESEEABLE. UNDER THESE CIRCUMSTANCES A STRONG LEVEL OF DISCRETION, ATTENTION AND DILIGENCE IS ADVISED WHEN DEALING WITH CRYPTOCURRENCY. BY USING THE WEBSITE AND SERVICE YOU ACKNOWLEDGE THE AFOREMENTIONED HIGH RISK.

THE SERVICE DOES NOT CONSTITUTE AT ANY TIME ANY KIND OF LEGAL OR TAX ADVICE. AT NO TIME DURING THE PROVISION OF THE SERVICE DO WE REVIEW YOUR TAX REPORTS OR ANY INFORMATION YOU SUBMIT. AS A RESULT, NO LEGAL OR TAX ADVICE IS OR CAN BE GIVEN BY US. FOR SUCH ADVICE YOU MUST CONSULT A TAX ADVISOR OR OTHER LEGAL PROFESSIONAL. THE FINAL ASSESSMENT OF YOUR TAX REPORTS OR DATA IS THE RESPONSIBILITY OF THE RESPECTIVE TAX AUTHORITIES AND MAY DIFFER FROM THE REQUIREMENTS AND RESULTS OF THE SERVICE. IT IS YOUR SOLE OBLIGATION TO CHECK ANY TAX REPORTS OR OTHER DOCUMENTS CREATED VIA THE SERVICE FOR COMPLETENESS AND ACCURACY BEFORE FURTHER PROCESSING (E.G. SENDING, FILING OR ARCHIVING).

Violation and/ or non-respect of these Terms and Conditions; Indemnity

You agree that we may, in our sole discretion, without prior notice, terminate your access to the Service and/or block your future access to the Service if we determine, at our sole descrition, that you have violated these Terms and Conditions or other agreements or guidelines which may be associated with your use of the Service. In case of termination by us for the afore mentioned reason, no refund of the Subscription Fee shall be due.

You also agree that any violation by you of these Terms and Conditions will cause irreparable harm to us for which monetary damages would be inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.

You agree to fully indemnify and hold us, our employees, directors, contractors and affiliates harmless from any demands, loss, liability, claims or expenses (including reasonable attorneys’ fees and court costs), made against us by any third party due to or arising out of or in connection with (1) your access to or use of the Service; (2) your violation of these Terms and Conditions or any applicable law or regulation, (3) your violation of any rights of any third party thereto; or (4) any disputes or issues between you and any third party thereto.

Links to Other Sites

The Service contains links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under our control, and we are not responsible for and do not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.

Users Outside of Germany

Matej Bernatovic – Web3 Solutions is a private company based in Germany. Although the Website and the Service are accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Service are available to all persons or in all geographic locations, or appropriate or available for use outside of Germany. If you choose to access the Service from outside of Germany, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Changes to the Service and these Terms and Conditions

Nothing in these Terms and Conditions shall entitle you to claim in any manner a right to use the Service. We may without prior notice cease providing and/or limit the Service at any point in time at its sole discretion.

We reserve the right to change these Terms and Conditions at any time by providing new Terms and Conditions on the Websites. Any change(s) to these Terms and Conditions will take immediate effect upon such changes being posted. In case of changes you have the right to terminate the use of the Service with us. Your continued use of the Service following such changes will constitute your acceptance of those changes. In case you inform us in writing about your non-acceptance of a change of these Terms and Conditions by us, we may – but are not obliged to – refund the Subscription Fee on a pro rata basis.

Term and Termination

The Terms and Conditions shall be valid for as long as you maintain a user account. The contract term for paid premium features is specified on the Websites for the respective subscription plan (hereinafter the “Subscription Period”).

We may terminate the provision of the Service to you with immediate effect and deactivate your access to the Service including the Website, if we have knowledge of or reasonably believe that your use of the Service and/or the Websites is in breach of applicable law or breaches one or more provisions of these Terms and Conditions.

In any other case we may terminate the Service by giving 2 weeks’ notice in electronic form. In such case the fully paid Suscription Fee for premium features will be refunded on a pro rata basis.

Other Terms

All provisions of these Terms and Conditions are severable. Should any provision of these Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. An invalid or ineffective provision shall be replaced by one that is legally possible and comes closest to the invalid or ineffective content. The same shall apply mutatis mutandis to any gap.

You may preserve these Terms and Conditions in written form by printing it for your records, and you waive any other requirement that these Terms and Conditions be evidenced by a written document.

These Terms and Conditions, together with the Privacy Policy at https://bitwelle.com/privacy-policy and any other legal notices published by us, constitute the entire agreement between you and us with regard to your use of the Service.

Our failure to insist on or to enforce strict performance of these Terms and Conditions shall not be deemed as a waiver by us of any provision or any right it has to enforce these Terms and Conditions. Any such waiver must be in writing in order to be effective.

You may not assign or transfer your rights and obligations contained in these Terms and Conditions or any other agreement with us any interest therein without the prior written consent of us.

Nothing in these Terms and Conditions shall be construed as creating an employment contract, joint venture, agency or simple partnership of any kind between you and us.

Language

The parties declare that they have required that these Terms of Use and all documents related hereto, either present or future, be drawn up in the English language only.