Terms of Service

Legal terms and conditions for using BitBank services

Last updated: January 2024

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and BitBank Africa ("BitBank," "we," "us," or "our") regarding your access to and use of our digital banking platform, mobile applications, and related services (collectively, the "Services").

BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE, DO NOT USE OUR SERVICES.

Please read these Terms carefully before using BitBank. By creating an account, you acknowledge that you have read, understood, and agree to be bound by these Terms.

Eligibility

To use BitBank services, you must:

  • Be at least 18 years of age (or the legal age of majority in your jurisdiction)
  • Have the legal capacity to enter into binding contracts
  • Not be barred from using our services under applicable laws
  • Provide accurate, complete, and current information during registration
  • Reside in a country where our services are available
  • Comply with all KYC (Know Your Customer) and AML (Anti-Money Laundering) requirements

We reserve the right to refuse service to anyone at any time for any reason.

Account Registration and Security

Account Creation

To access certain features, you must create an account. You agree to:

  • Provide accurate and truthful information
  • Complete KYC verification as required by law
  • Maintain one account per person (unless authorized for business accounts)
  • Update your information promptly if it changes

Account Security

You are responsible for:

  • Maintaining the confidentiality of your login credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access
  • Using strong passwords and enabling two-factor authentication
  • Securing your recovery phrase (seed phrase) - we cannot recover it if lost

Important: BitBank will never ask for your password, PIN, or recovery phrase. Never share these with anyone.

Services Provided

BitBank provides the following services subject to these Terms:

Lightning Wallet

Bitcoin custody and Lightning Network payment services

Remittances

Cross-border money transfer services

P2P Exchange

Peer-to-peer Bitcoin trading platform with escrow

Mobile Money Integration

Fiat on/off ramps via mobile money providers

Debit Cards

Virtual and physical debit cards for spending

Business Accounts

API access and enterprise banking features

Fees and Charges

Using BitBank services may incur fees, including but not limited to:

  • Transaction fees (typically less than 1% for remittances)
  • Lightning Network routing fees (minimal, typically fractions of a cent)
  • Currency conversion fees
  • Debit card issuance and transaction fees
  • Withdrawal fees to external wallets or bank accounts

Per-partnership fee schedules are agreed during institutional onboarding. Contact our team for details. We reserve the right to modify fees with 30 days' notice.

Prohibited Activities

You agree NOT to use BitBank services for:

  • Any illegal activities or to facilitate illegal transactions
  • Money laundering, terrorist financing, or other financial crimes
  • Fraud, impersonation, or providing false information
  • Market manipulation or insider trading
  • Circumventing our security measures or KYC/AML processes
  • Creating multiple accounts to evade limits or restrictions
  • Using automated systems (bots) without authorization
  • Interfering with the operation of our platform
  • Violating intellectual property rights
  • Harassing other users or our staff

Violation of these prohibitions may result in immediate account suspension or termination, and we may report illegal activities to law enforcement.

Bitcoin and Lightning Network Risks

You acknowledge and accept the following risks:

Price Volatility

Bitcoin's value can fluctuate significantly. You may lose value.

Irreversibility

Bitcoin transactions are irreversible. Sent funds cannot be recovered.

Technical Risks

Lightning Network is emerging technology with potential bugs or network issues.

Loss of Access

If you lose your recovery phrase, your funds may be permanently inaccessible.

Regulatory Changes

Cryptocurrency regulations may change, affecting service availability.

Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • BitBank provides services "AS IS" without warranties of any kind
  • We are not liable for losses due to market volatility, user error, or third-party actions
  • We are not liable for Lightning Network failures or Bitcoin protocol issues
  • Our total liability is limited to the fees you paid in the 12 months prior to the claim
  • We are not responsible for losses due to unauthorized account access if you failed to secure your account
  • We are not liable for service interruptions, delays, or technical malfunctions

Some jurisdictions do not allow liability limitations. In such cases, our liability is limited to the extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless BitBank and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use or misuse of BitBank services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your violation of applicable laws or regulations

Account Termination

By You

You may close your account at any time by withdrawing all funds and contacting support. You remain liable for all activities prior to closure.

By BitBank

We reserve the right to suspend or terminate your account:

  • For violation of these Terms
  • If required by law or regulatory authorities
  • For suspicious or fraudulent activity
  • For failure to complete KYC verification
  • For prolonged inactivity (with advance notice)
  • At our discretion with 30 days' notice (except for cause)

Upon termination, you must withdraw your funds within 30 days. After this period, we may charge custodial fees.

Dispute Resolution

Informal Resolution

Before filing a claim, please contact us at support@usebitbank.com to attempt resolution.

Arbitration

Any disputes not resolved informally shall be settled through binding arbitration under the rules of the African Arbitration Association, conducted in English, with the seat of arbitration in Cameroon.

Class Action Waiver

You agree to resolve disputes on an individual basis only, not as part of any class, consolidated, or representative action.

Governing Law

These Terms are governed by the laws of Cameroon and applicable international financial regulations, including CEMAC and BCEAO guidelines, without regard to conflict of law principles.

Changes to Terms

We may update these Terms periodically. We will notify you of material changes via:

  • Email notification
  • In-app notification
  • Notice on our website

Continued use of BitBank after changes constitutes acceptance. If you disagree, you must stop using our services.

Miscellaneous

Entire Agreement: These Terms constitute the entire agreement between you and BitBank.

Severability: If any provision is found unenforceable, the remaining provisions remain in effect.

No Waiver: Our failure to enforce any right or provision does not constitute a waiver.

Assignment: You may not assign these Terms. We may assign them to affiliates or successors.

Force Majeure: We are not liable for delays or failures due to events beyond our reasonable control.

Questions About These Terms?

If you have questions about these Terms of Service:

Email: legal@usebitbank.com

Support: support@usebitbank.com

Address: BitBank Africa, Douala, Cameroon