Terms and conditions

These Terms and Conditions (the “Terms” or this “Agreement”) govern your use of the electronic trading platform, including any website or mobile application (the “Application”, together with the website, the “Site”) to access the platform and any services provided through the platform (collectively, the “BitYetu Platform” ) provided by Zebraya (SU), LDA (the “Company”, “we”, “us” or “our”). The Terms form a binding agreement between the Company and you, as an individual user (“you”, “your” or “user”) for your individual use of the Application and the Platform. By registering and downloading the Application and using the Platform, you confirm your acceptance of this Agreement and our associated Privacy Policy. If you do not agree to these Terms, you must immediately uninstall the Application and cease using the Application and the Platform.

Securities Disclaimer: No materials or any other information that may be made available on the Site or Platform shall constitute or be construed as a recommendation, endorsement, offer, invitation or solicitation to enter into any transaction or purchase any product, or otherwise deal with securities, cryptographic assets or other products. You also understand that none of the Information Providers, including any Third Party Providers (as defined below), are advising you personally regarding the nature, potential, value or suitability of any particular security or cryptographic asset, portfolio of securities or cryptographic assets, transaction, investment strategy or other matter, and any information provided is not tailored to the investment needs of any specific person. You understand that an investment in any security or cryptographic asset is subject to a number of risks and that discussions of any security or cryptographic asset published on the Site or Platform may not contain a list or description of relevant risk factors. Please note that markets continually change, so any information, content, Third Party Content (as defined below) or other material provided on or through the Site or Platform may not be complete or current, or may be superseded by more current information. You should rely on this information at your own risk.

No professional or investment advice. Our Site and Platform are not intended to provide tax, legal, insurance or investment advice, and nothing on the Site or Platform should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security or cryptocurrency asset by the Company. You are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.

 law can be changed with retroactive effect.

1. Definitions

1.1 Unless otherwise defined or the context otherwise requires, all capitalized terms will have the meaning given to them in these Terms:

(a) “Account” means the account established by a user who downloaded the Application or accessed the Site and registered with the Company to use the Site and Platform.

(b) “ Application ” means the mobile application provided by the Company to access the Platform.

(c) “Authorized Individual” means any person authorized to access and use the Site (including the Application) and the Platform on behalf of a User.

(d) “ Biometric Authentication ” means the identity authentication function using biometric credentials, including fingerprint, facial recognition or any other biometric data, as we may permit from time to time.

(e) “Digital Assets” means Bitcoin, Ether, Usdt or other cryptographic or digital assets or currencies.

(f) “Digital Platforms” means third-party distribution platforms where mobile applications or other software programs may be accessed or downloaded, including, but not limited to, the Apple App Store and Google Play.

(g) “Governmental Authority” means any nation or government or any province or state or any other political subdivision thereof, or any entity, authority or body exercising executive, legislative, judicial, regulatory or administrative functions of or belonging to the government, including any governmental authority, agency, department, board, commission or instrumentality or any political subdivision thereof, any court, tribunal or arbitrator, and any self-regulatory organization.

(h) “Material” means any offering material, term sheet, market data, research report, product or service documentation or any other information provided through the Platform.

(i) “Personal Information” refers to information provided by a User from which the identity of such User can be determined directly or indirectly.

(j) “Privacy Policy” means the additional terms and conditions governing the collection, use and disclosure of each user's Personal Information as set forth here https://www.bityetu.com/app/terms-service/privacyPolicy. Each User must read and agree to the Privacy Policy to use the Application or the Website

(k) “Service Notifications” are one-way notifications from Company (which may include security-related notifications) via text messages or emails and, where applicable, push notifications via the Site. These notifications are sent to the User regarding certain information or events related to an account to which the User has access through the Platform.

(l) “Third Party Financial Service Provider” is any third party that offers a trading account, fiat crypto exchange or other financial services that can be registered and accessed through the Platform.

(m) “Third Party Account” means a separate financial services account that a User establishes with a Third Party Service Provider to conduct transactions.

(n) “User” means any person who has registered with the Company to use the Site and access the Platform and any Authorized Individual acting on their behalf.

(o) “ User Identification Policy ” means the know-your-customer policy and procedures adopted by the Company from time to time in relation to User access to the Platform.

(p) “User Credentials” means the set of user identification, password, personal identification number, token and any other information or device provided to a user to access the Platform.

2. Changes

2.Changes 2.1 We reserve the right, at any time:

(a) modify, update or change the terms and conditions of this Agreement or our Privacy Policy

(b) modify, update or alter the Site and Platform, including eliminating or discontinuing any content or feature of the Site or Platform; or

(c) impose fees, charges or other conditions on use of the Platform or portions thereof (with reasonable notice) (all of the foregoing referred to as “ Changes ”).

2.2 We may make such changes at any time without notice (except as set out in subsection (c) above). Any changes to this Agreement may be posted on our website or notified to you via push notifications through the Website or by email to the email address in your account. For this reason, you should check our website regularly, allow the Website to receive such push notifications, and keep your email address and other contact information in your Account up to date. You accept any changes if you continue to use the Site and Platform after such Changes are made.

3. Digital Platform Terms

3.1 The Application may be available for download on one or more Digital Platforms. Your download, installation, access or use of the Application is also subject to the terms and conditions and privacy policies of the applicable Digital Platform (the “ Digital Platform Terms ”). If there is any conflict between these Terms and the Digital Platform Terms, these Terms will prevail.

3.2 The Application is independent and is not associated, affiliated, sponsored, endorsed or in any way linked to any Digital Platform. You and we acknowledge that this Agreement is entered into solely between you and us, and not with any Digital Platform, and we, and not the Digital Platform, are solely responsible for the Application and its content to the extent specified in this Agreement.

3.3You and we acknowledge and agree that the relevant Digital Platform and the Digital Platform's subsidiaries are third party beneficiaries of these Terms and that, upon your acceptance of these Terms, that Digital Platform will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary thereof.

4. Network and Carrier Device Requirements

4.1You acknowledge that your contract with your mobile and internet network provider (the “ Network Provider ”) will apply to your use of the Site. You acknowledge that you may be charged by your Network Provider for data services when using certain features of the Site or any other third-party charges that may arise, and you accept sole responsibility for such charges. If you are not the bill payer for the mobile/Internet device used to access the Site, you will be assumed to have received permission from the bill payer to use the Site. You must also ensure that your use of the Site does not violate your Internet or mobile device agreement or any wireless data service agreement.

5. Eligibility and Registration

5.1You must be at least 18 years of age to access and use the Site and Platform. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms, and to abide by and comply with these Terms. You must register with the Company to use the Site and Platform; You agree to provide complete and accurate information when registering to use the Site and Platform, and to keep this information up to date.

5.2 We have the sole discretion to accept or reject your registration on the Platform. Only Users whose registration is approved by us will be our customers.

6. Intellectual Property

6.1 All title, ownership rights and intellectual property rights in or related to the Site and the Platform, any information transmitted by, to or through the Platform and information about your use of the Platform will remain with the Company or its licensors. Nothing on the Platform will be construed as conferring on any User any license, except as expressly set forth herein, to any title, proprietary rights and/or intellectual property rights of the Company or any third party, whether by estoppel, implication or otherwise.

6.2 The Platform and Application may provide access to content, information, quotes, videos, photos or other materials (the “ Third Party Content ”) provided by certain third parties (the “ Third Party Content Providers ”). The Company does not endorse or recommend, and is not responsible for verifying the accuracy, validity or completeness of, any Third Party Content provided through the Site or Platform. Your use of or reliance on such Third Party Content is at your own risk. All title, ownership rights and intellectual property rights in and to the Third-Party Content will remain with the applicable Third-Party Content Provider. Nothing on the Platform will be construed as conferring on any User any license, except as expressly set forth herein, of title, proprietary rights and/or intellectual property rights of any Third Party Content Provider, whether by estoppel, implication or otherwise. .

6.3 Provided that you comply with these Terms, you may download and access the Site on a single mobile device and access the Platform using duly issued User Credentials. All other rights in the Site are reserved by the Company. In the event of a breach of these Terms, we will have the right to immediately terminate your use of and access to the Website and Platform.

6.4 You agree not to:

(a) modify, adapt, reproduce, translate or create derivative works of the Site or Platform, or any data or content (including Third Party Content) provided through the Site or Platform, or any part thereof, or attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or Platform;

(b) remove any copyright notice, trademark, legend, logo or product identification from the Site or Platform;

(c) misrepresent other websites as the Company Website by co-opting the visual “look and feel” or text of the Company Website or otherwise violate the Company’s intellectual property rights, including, without limitation, “scraping” text or images from the Company Website or banners and/or text links managed by the Company, search marketing or all other online and offline campaigns,

(d) edit, modify, filter, truncate, or change the order of information contained in any part of the Company Sites, or remove, obscure, or minimize any part of the Company Site in any way without Company authorization; or

(e) make any commercial use of the Site or Platform or the Company’s logo, trademark or name in any way.

6.5 Each User authorizes the Company to use any information or content provided by the User or processed in connection with the use of the Site and Platform (e.g. Personal Information, geographic information, device information) in the context and for the purpose of providing services or products on the Platform and the safe use of the Site and the Platform.

7 Account

7.1 To use the Platform’s services, you must create an account on the Platform (the “ Account ”). The Account will be used to register various Digital Assets transferred by you to the Platform and carry out transactions on the Platform. The Account may be registered by any individual over the age of 18 or by an institution by its duly authorized representatives, provided that such individual and institution have read and understood the Risk Disclosure Statements, which are incorporated by reference and shall form part thereof. Each user must register only one trading account on the Platform. Registration of multiple trading Accounts would be a violation of these Terms and may lead to immediate termination of these Terms and the Accounts involved.

7.2 The Account is not a bank account and Digital Assets held in the Account are not deposits or other financial products. Except as otherwise permitted by the Platform, no interest will be paid on any funds or Digital Assets in your Account, and all Digital Assets that are directly held by us for your benefit are not insured by any Government Authority.

7.3You may fund the Account by transferring Digital Assets from your accounts with third parties to the Account. No fees are charged by the Platform to fund the Account; however, third parties, such as your bank, may charge transaction fees and other fees. Digital Assets will be transferred to the Platform address for collective user account. The Platform will then credit your Account with the amount of Digital Assets in the Platform's ledger.

7.4You may withdraw all or some of the Digital Assets in your name registered in the Platform's ledger. There is no minimum amount of Digital Assets required to maintain your user status. Digital assets will be transferred from the collective user account maintained by the Platform to the specific Digital Asset address provided by you. Withdrawals may take up to three (3) days to complete, provided that larger withdrawals may take up to thirty (30) days to complete, and that any withdrawal may be delayed as necessary to comply with Applicable Law and/or the Identification Policy of the Platform User.

Negotiation

8.1 The Platform is a marketplace that allows you to place orders and facilitates the matching of orders and settlement of the purchase or sale of Digital Assets or their derivatives with other Users. The Platform simply combines the purchase and sale orders submitted by Users and assists Users in carrying out their intentions expressed in the orders. Except as expressly specified otherwise in this Agreement, neither the Company nor the Platform acts as a principle or other participant in these transactions. Neither the Company nor the Platform are responsible for any disputes between Users in connection with any transaction.

8.2 Matching Orders are automatically matched by the Platform through its proprietary software and templates, and the Platform will notify the respective Users that the order has been executed. Once a match is made, the order is executed and cleared instantly. YOU SHOULD ONLY PLACE AN ORDER IF YOU INTEND TO COMPLETE THE TRANSACTION IN FULL. You have the right to stop a pre-authorized order by initiating procedures through your Account to close such an open order.

8.3 Unless otherwise permitted by the Platform, you may only sell a quantity of Digital Assets that does not exceed the total quantity of Digital Assets held in your Account and recorded on the Platform's ledger, plus the applicable Transaction Fee (as per defined below). Any attempt by you to sell more Digital Assets than the Platform's records show exist in your Account after deducting the applicable Transaction Fee will result in an unsuccessful trade and may be grounds for Account closure.

8.4 You acknowledge that it may not be possible in all circumstances to cancel or modify an order, even before the order has been matched or fulfilled. We assume no responsibility for ensuring that an order is modified or canceled and you understand and agree that if the order cannot be canceled or modified, you will be bound by any performance of the original order. You also acknowledge that attempts to modify or cancel and replace an order may result in excessive execution or the execution of duplicate orders, and you will be responsible for all such executions.

8.5 You will be deemed to have given orders through the Platform when we acknowledge such orders through the Platform or by such other means as we may determine (regardless of whether you actually receive or become aware of such acknowledgment). You understand that the Platform provides the ability to display the real-time status of all your open orders and pending instructions. You also understand that it is your responsibility to monitor your open orders and pending instructions in real time until the Platform recognizes the complete execution, cancellation or rejection of the orders or instructions and that we assume no responsibility or liability if you fail to do so. If you fail to promptly notify us of any error in recognizing the real-time status of any of your open orders or pending instructions, including the failure of the Platform to promptly confirm receipt of an order after you transmit such order, we reserve the right to exercise, in good faith, discretion to require you to accept the trade or remove the trade from your account for your sole benefit or detriment. We may, in some cases and at our sole discretion, require electronic, verbal, written or other secondary confirmation before taking action if your Account activity falls outside the normal range of activity.

8.6 Your orders will be subject to trading limits which we may establish, review and communicate to you from time to time.

8.7 Subject to Section 8.10, once an order is executed, the transaction cannot be reversed.

8.8 You acknowledge that due to technical and other restrictions, the price of Digital Assets displayed on the Site may be delayed and therefore may not reflect the current, real-time market value of such digital asset. However, you agree that the prices displayed on the Site control the value of your Account and your use of the Platform and the Site.

8.9 You acknowledge and agree that the Platform cannot and does not guarantee that any Order placed through the Platform will be fulfilled at the best published price.

8.10 In the absence of mutual consent from the parties involved, we reserve the right to cancel or void negotiations in the event of:

(a) the trade results from an identifiable interruption or malfunction of the execution, settlement or reporting system;

(b) trading that the Company, in its sole discretion, believes to be fraudulent, manipulative or disruptive to other Users or the Platform;

(c) the trade was executed by any Account that has been hacked by unauthorized users and we determine in good faith that canceling the trades will be in the best interests of the Users or the Platform; or

(d) Company believes, in its sole discretion, that your Account or business activities therein violate these Terms.

9. Third-party accounts

9.1 You may be offered the ability to register and establish a third-party account with a third-party service provider. Such Third-Party Account will be subject to the terms and conditions and policies established by the Third-Party Service Provider for such Third-Party Account (“Third-Party Service Provider Terms”).

9.2 You must carefully read the Third Party Service Provider's Terms before opening a Third Party Account with that Third Party Service Provider. If you do not agree to the Third-Party Service Provider's Terms, you should not register and open the Third-Party Account with it. All trades and other transactions carried out through the Third-Party Account will be subject to the Third-Party Service Provider's Terms. Furthermore, you understand and agree that:

(a) Company will exclusively act as platform administrator and service provider for the Third Party Service Provider in terms of Third Party Accounts. As such, the Company may collect your Personal Information and other information on behalf of the Third-Party Service Provider in the process of opening the Third-Party Account and providing the Platform for transactions carried out through the Third-Party Account. Such Personal Information will be processed by the Company in accordance with its Privacy Policy and will be shared with the Third Party Service Provider, which will process such Personal Information in accordance with its own privacy policy.

(b) Company is not offering any such Third-Party Account to you and has no responsibility or liability for such Third-Party Account or any transactions conducted through the Third-Party Account, or for any acts or omissions of the Third-Party Services Provider with respect to Third-Party Accounts, the Third-Party Service Provider Terms, or the processing of your Personal Information. Company will not be responsible for transactions conducted by you or your Authorized Individuals in connection with your Third-Party Account. All inquiries and questions relating to business activities or other services with respect to the Third-Party Accounts that you submit to us will be directed by Company to the Third-Party Service Provider.

10. Fees

10.1 There is no charge for downloading the Application and registering as a User, but we may charge for certain in-app purchases and other features as we specify from time to time.

10.2 In exchange for access to the Platform and Services, you agree to pay a fee on each settled transaction initiated by you (such fee, a “Transaction Fee”). The current Transaction Fee can be found on the Site after you log into your Account. We reserve the right to change, modify or increase the Transaction Fee at any time and from time to time. Any changes, modifications or increases will be effective upon posting of such changes, modifications or increases on the Site. If you do not agree to the posted changes, modifications or increases, you must stop using the account as provided herein. Continued use of the Account following posting of the modified Transaction Fee as posted on the Site will constitute acceptance of all such changes or revisions. 

10.3 Transaction Fees are paid by the trading parties to any transaction. Each trading party will be charged a fee in USDT/USDC or other currencies approved by us from time to time. You are responsible for any fees imposed by third parties in connection with the transfer of Digital Assets to your Platform Account. The Platform charges a fee to transfer Digital Assets from your Account.

10.4 If you believe that you have been incorrectly charged a Transaction Fee, you must notify the Platform immediately of such error, together with any additional information about the transaction. If you do not raise any question or objection within thirty (30) days after the alleged erroneous Transaction Fee first appears on any Account statement, such fee will be deemed acceptable by you for all purposes.

10.5 You may be charged transaction fees and other fees in connection with your Third-Party Account. Any such fees are specified in the Third-Party Service Provider Terms. We have no responsibility for any fees or other costs or charges you may incur in connection with such Third-Party Account.

11. User Access Obligations

11.1 The Company will issue a set of unique User Credentials to each user registered to use the Site and Platform. These user credentials only allow the user to access the account. Each User shall promptly provide Company with notice of receipt of such User Credentials.

11.2 You understand and agree that the information and services provided by the Platform are not provided and may not be used by or for the benefit of any individual or entity in any jurisdiction where the provision or use of the same would be contrary to any applicable legislation. law, or where we are not authorized to provide such Platform or information and services. 

terminate the Services in our sole discretion (the “Excluded Jurisdictions”). You must inform us immediately if you become a resident of any of the Excluded Jurisdictions or become aware of any Users based in any of the Excluded Jurisdictions. You understand and acknowledge that if it is determined that you have provided false statements about your location or place of residence, the Company reserves the right to take any appropriate action in accordance with this restriction or in accordance with the law of a relevant jurisdiction, including immediate closure of any Account and liquidation of any open positions. We also do not provide services to persons or entities on the US Treasury Department's Specially Designated Nationals or Blocked Persons List, the EU Consolidated Financial Sanctions List or the UK Sanctions List, and Russia or any entity that is owned or controlled (50 percent or more) by a person or entity on those lists (hereinafter “Prohibited Parties”), or offer services that involve or otherwise benefit Prohibited Parties. You understand that the Company reserves the right to take any appropriate action in accordance with this restriction or in accordance with the law of a relevant jurisdiction, including immediately closing any Account and liquidating any open positions.

11.3 Each User must:

(a) keep your User Credentials strictly confidential and not share them with any other person for any purpose, including, without limitation, initiating or executing any payment transaction involving the Account. Furthermore, the User shall not disclose its User Credentials in a recognizable form to third parties on any device (e.g., writing down and recording the User Credentials without disguising them);

(b) use all reasonable efforts to protect all records relating to your User Credentials, including, but not limited to, maintaining such records in a secure or physical location accessible or known only to the User and maintaining such records in a location where records are unlikely to be accessed by third parties;

(c) take all reasonable measures to follow the security instructions provided by the Company and otherwise protect the security of, prevent tampering with or use by any other person of the User Credentials, Site or Platform, including the security measures prescribed in our Privacy Policy;

(d) notify the Company immediately through any channel prescribed by the Company in the event of:

(i) loss of your User Credentials;

(ii) your user credentials have been disclosed to third parties or otherwise compromised;

(iii) you reasonably suspect any unauthorized use of your User Credentials;

(e) create strong passwords (e.g., using a mix of letters, numbers and special characters, and not using easily accessible personal information) and strong PINs (e.g., not using consecutive numbers or basing the PIN on the User's name). Contract ID, date of birth, telephone number, identification number or any other easily accessible personal information).

11.4 When the Platform is accessed by correctly entering User Credentials or via the Application, the relevant User will be deemed to have accessed the Platform. You will be responsible for all actions through such access by an Authorized Individual authorized to access the Platform on your behalf. Company shall not be obligated in any way to investigate or take any other action to verify the identity of any User or Authorized Individual. The Company will not be responsible for any loss you may incur as a result of someone else using your user credentials or account, either with or without your knowledge. Upon receipt of notice under Section 11.3(d), Company will deactivate the relevant User Credentials and block access to the Platform or the Site as soon as reasonably possible.

11.5 Each User shall protect all of its devices or systems used to access the Platform (e.g. the Application), including, without limitation, installing and regularly updating browsers, security patches, antivirus, anti-malware and other relevant software on the devices. or systems. Each User shall also comply with all instructions, procedures and guidelines relating to the Platform, the Site and the User Credentials as notified to the Company from time to time, including, but not limited to, risk management and other measures notified on the page Platform login.