VERSION: JUNE 2024
TABLE OF CONTENTS
- LEGAL INFORMATION
- GENERAL OVERVIEW
- REQUIREMENTS FOR BECOMING A USER
- SERVICES PROVIDED BY BIT2ME
- EFFECTIVE DATE OF THESE TERMS AND CONDITIONS
- PRIVACY POLICY
- MODIFICATION OF THE TERMS AND CONDITIONS
- MINORS
- INFORMATION ABOUT CRYPTOCURRENCIES
- INFORMATION AND DOCUMENTATION REQUIREMENTS
- PRICE OF SERVICES
- CONTRACT DURATION
- OBLIGATIONS
- LIABILITY
- ASSIGNMENT AND SUBROGATION BIT2ME
- MAINTENANCE AND TEMPORARY SUSPENSION OF SERVICE FOR BIT2ME TAX SERVICES
- TERMINATION AND RESOLUTION
- NULLITY OF ANY PROVISION
- ANTI-MONEY LAUNDERING
- CUSTOMER SERVICE
- INTELLECTUAL AND INDUSTRIAL PROPERTY
- APPLICABLE LAW AND COMPETENT JURISDICTION
LEGAL INFORMATION
These Terms and Conditions govern the development and conditions of Bit2Me Tax, a service offered by BITCOINFORME, S.L. (hereinafter Bit2Me), with registered office at Calle Germán Bernacer, 69, 03203, Elche, Alicante, SPAIN, and N.I.F. B-54835301, registered in the Mercantile Register of Alicante, volume 3828, folio 110, Entry 1 with Sheet A-143230.
These Terms constitute an agreement between Bit2Me and the User. Non-acceptance of these Terms will prevent the use of this service.
GENERAL OVERVIEW
These Specific Terms and Conditions apply to any legally capable person who contracts Bit2Me Tax services.
Bitcoinforme, S.L. is the Company responsible for the Bit2Me Tax service, with its main activity being to allow users to determine their profits or losses derived from their crypto operations for tax declaration purposes. This product aims to solve the current problem users face when calculating profits or losses obtained from cryptocurrency operations.
Thanks to this service, users have the assurance and peace of mind that the calculation is correct and they don't have to spend time or money trying to perform the calculations themselves, through third-party tools, or with tax advisors.
These Specific Terms and Conditions must be accepted by the user to use Bit2Me Tax services, which require prior acceptance via the website https://bit2me.com/legal/tax
Failure to accept these Specific Terms and Conditions during the registration process for contracting Bit2Me Tax services will prevent the use of these services.
By expressly accepting these Specific Terms and Conditions, the user is understood to have fully accepted them and, therefore, has previously read and understood each and every one of the terms, obliging themselves to comply with all specifications established therein.
REQUIREMENTS FOR BECOMING A USER
Individuals of legal age with full contractual capacity who subscribe to these Specific Terms and Conditions (hereinafter "the user") may become Users.
In cases where the user accesses Bit2Me Tax services on behalf of and representing a legal entity, the user accepts and declares that they have sufficient powers of representation to bind the legal entity or Company they represent in the contracting of services. In such cases, for access to Bit2Me Tax services or registration as a Legal Entity, Company, or Professional, any service request made by the user will be attributable to the Legal Entity, and Bit2Me will presume that these requests have been made by the latter.
Becoming a User implies reading and expressly accepting, without reservation, the terms included in these Specific Terms and Conditions and the Bit2Me Tax Legal Notice and Privacy Policy, which the user declares to have known prior to acceptance, and which may be stored and reproduced by them. Registration as a Bit2Me Tax service user and compliance with these terms and conditions is an essential requirement for contracting these services.
The user may access Bit2Me Tax services using their existing Bit2Me registered username.
The username and password generated to allow the user to identify themselves and use Bit2Me services are strictly personal and confidential. The user will be responsible for maintaining their confidentiality. Consequently, the user expressly accepts that Bit2Me will presume that any use of the service made using their identification credentials is performed by the registered user, unless they have previously reported the loss or theft of said credentials, in which case they must immediately proceed to change them. The password may be freely modified by the user, using the procedures established by Bit2Me for this purpose. The replaced password will be nullified as a means of identification at the very moment the new one is generated.
Bit2Me may block access to and use of Bit2Me Tax services when deemed necessary for security reasons.
Bit2Me will adopt organizational and technical measures on its computer systems aimed at ensuring proper use of the Service by Users and preventing unauthorized access intended to lead to unauthorized disclosures of the User's financial information accessible through the Service.
SERVICES PROVIDED BY BIT2ME
Through Bit2Me Tax services, Bit2Me provides all users of the service with the ability to determine their profits or losses derived from crypto asset operations for tax declaration purposes. Specifically, users are offered a product, Tax, where profits or losses on the Bit2Me platform are automatically calculated and explained.
The User will receive a downloadable report containing all information related to profits or losses derived from crypto asset operations.
Furthermore, Bit2Me Tax offers the possibility of accessing a tax advisory service, provided by third-party experts in the field, who will be identified at the time of scheduling an appointment with them. To do so, you must accept the Service Terms and Conditions of the third parties providing this tax advisory service; Bit2Me is not responsible for that service, price, or conditions.
In turn, to access this service, it is essential that users have achieved Level 1 in the Space Center leveling system. Additionally, users of Bit2Me Tax services may access certain benefits associated with the functionality of the Space Center service integrated into the Bit2Me Platform.
Bit2Me will be responsible for the correct provision of services through Bit2Me Tax services. The user undertakes to use the services responsibly, exempting Bit2Me from any liability arising from inadequate, erroneous, or illegal use of Bit2Me Tax services or with the objective of committing illegal actions.
To the maximum extent permitted by applicable law, we do not warrant, expressly disclaim, and you agree to waive, any and all other warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, or non-infringement or warranties arising from course of performance, course of dealing, or usage in trade.
Without limiting the foregoing, we also do not represent or warrant that Bit2Me Tax, its features, calculations, and all materials or information derived therefrom (including, but not limited to, any tax reports that may be generated, if any): (a) will be accurate, complete, reliable, current, error-free, or free of viruses or other harmful components; (b) will be of such quality as to satisfy your specific individual needs at all times; and (c) constitutes an accurate and reliable reflection of your actual tax obligations (if any).
You also understand and agree that we will not be liable to you or anyone else for any error, delay, loss, or damage arising from or in connection with: (a) any inaccuracy, defect, or omission in cryptocurrency pricing data, or in the accounting or calculation methodology applied in BT; and (b) any interruption, system downtime, error, or delay in data transmission or the processing of your data.
EFFECTIVE DATE OF THESE TERMS AND CONDITIONS
These Specific Terms and Conditions will come into effect and, therefore, will be applicable to Bit2Me and the user, from the moment the following conditions are met: The user has agreed to them by clicking the "I have read and accept the Terms and Conditions" button enabled in the Bit2Me Tax service.
Nevertheless, and in compliance with Article 28 of Law 34/2002 of July 11, on Information Society Services and Electronic Commerce (LSSI), within a maximum period of twenty-four hours from the effective date of the Specific Terms and Conditions, Bit2Me will confirm the acceptance of these Specific Terms and Conditions, confirming the contract's entry into force.
PRIVACY POLICY
In compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR), Organic Law 3/2018 of December 5, on Personal Data Protection and Guarantee of Digital Rights (LOPDGDD), and any other applicable data protection regulations, we inform you that the personal data provided during the registration process will be processed and included in an Information Database, owned by BITCOINFORME, S.L. (Bit2Me), with registered office at Calle Germán Bernacer, 69, 03203, Elche, Alicante, SPAIN, and CIF: B-54835301, whose purpose is the management of the services included in these T&C and the processing of the Tax service. The data will be processed based on the existing legal relationship and for the purpose of providing the service described in these T&C.
The personal data processed for the development of this Bit2Me Tax service are the following:
- Name, surname, address.
- Transaction history
- Bank account references
- Bank transactions
- User ID
- IP address
- All necessary documentation to ensure Bit2Me's compliance with Anti-Money Laundering obligations
The User guarantees that they are the owner of the personal data provided and that they are authentic. The user will be responsible for the consequences of providing false data. In case of variation in the provided data, the user undertakes to communicate it through the process enabled for this purpose on the Platform.
The data subject has recognized rights to access, rectification, erasure, restriction, objection, and portability of their data under Bit2Me's responsibility. As long as the purpose of data processing exists or they have not expressly deleted their personal data from our common database, we will continue to process their data as it is necessary for processing and they remain interested in being part of it. At any time, the data subject may exercise their rights by sending a postal communication to Bit2Me at the address indicated above or via email to rgpd@bit2me.com, attaching a document proving their identity and explicitly stating the right they wish to exercise.
In the event that the user wishes to access the legal advisory service provided by third parties, their contact data may be transferred to them for the purpose of providing the requested advisory service. The user will be informed about the identity of the third party at the time of booking the appointment and must accept their General Conditions.
No transfers or disclosures of data will occur, other than those provided for in the preceding paragraph, except for services provided by third parties as data processors, with whom Bit2Me has signed the corresponding Data Processing Agreements and verified that they provide sufficient guarantees to implement appropriate technical and organizational measures, such that the processing is carried out in accordance with GDPR requirements, ensuring the protection of the data subject's rights.
Likewise, data may be transferred in response to official requests from authorities, in compliance with Bit2Me's legal obligations regarding tax, fiscal, and anti-money laundering and counter-terrorism financing matters.
Furthermore, you have the right to address your complaints regarding the processing of your personal data to the Spanish Data Protection Agency (www.agpd.es).
MODIFICATION OF THE TERMS AND CONDITIONS
Bit2Me reserves the right to modify these Specific Terms and Conditions without prior notice. When changes and modifications are made and are significant, they will be notified to users, and it remains the user's responsibility to review the Specific Terms and Conditions accessible at https://bit2me.com/legal/tax
For these purposes, the user will be deemed to have fully accepted the new Terms and Conditions if, after one month from the date the modified Terms and Conditions are made available to all users, the user has not requested to unsubscribe or cancel the service. The user may, during the aforementioned period, state their disagreement with the changes made to the Terms and Conditions and must request the cancellation or unsubscription from the Bit2Me service.
MINORS
Minors cannot use the services that Bit2Me provides through the website; therefore, any application for membership in Bit2Me from an individual under eighteen (18) years of age will be denied.
INFORMATION ABOUT CRYPTOCURRENCIES
Transactions in cryptocurrencies or crypto assets are carried out directly, without the need for an intermediary. Unlike most legal tender currencies, cryptocurrencies are not backed by any government or dependent on trust in any central issuer; instead, they use other systems to prevent double spending and reach consensus among all nodes that make up the network.
Each transaction performed between users of its network is recorded and a digital signature is created to prevent fraud and counterfeiting, being permanently stored on the network.
Transactions made with cryptocurrencies that can be verified through certain internet addresses such as https://explorer.bit2me.com, in principle, do not allow identification of the Bit2Me user involved in a transaction, but the user must be aware that the system cannot guarantee complete anonymity.
Due to complex encryption and security procedures, counterfeiting or theft of cryptocurrencies is highly improbable, but there is a risk that procedures or software may fail. Payments made by the user in cryptocurrencies are irreversible, and computer errors in legitimate cryptocurrency payments are very low as the system performs checks to try to prevent them. Most payment errors result from human failure when entering incorrect data, so Bit2Me is not responsible for transfers made by users.
INFORMATION AND DOCUMENTATION REQUIREMENTS
Users of Bit2Me Tax services may use the free access services made available to them from https://account.bit2me.com/profile/tax-report, as well as all natural or legal persons who access the Website.
To become a User for the provision of services offered by Bit2Me Tax, it is necessary for users who register for the services to provide certain information required for compliance with customer formal identification obligations under Law 10/2010, of April 28, on the prevention of money laundering and terrorist financing (hereinafter, LPBC).
Depending on the service, the economic thresholds of the operations to be carried out by the user, and their risk profile, the documentation requested from the user may vary, and limitations may also be applied to access to the offered products and to the operations and withdrawal of funds to be carried out.
The requested information may include, among others, the mobile phone number and transaction amount, first and last names, username and password, email address, security code sent to the email or security code required for two-factor authentication, profession and date of birth, as well as other possible data or information necessary depending on the type of transaction selected by the user.
The user type will also determine the information to be requested depending on whether it is a natural or legal person, requiring information such as, for example, national ID, residence card, foreign identity card or passport, invoices, video conference, deeds, shareholding structure, proof of business activity, etc., in application of the provisions of Law 10/2010, of April 28, on the prevention of money laundering and terrorist financing and other applicable legislation if deemed appropriate.
Bit2Me may at any time request additional information to learn more about the purpose and nature of the user's business relationship, and may even do so through a third party. The lack of information or the existence of indications of Money Laundering, Terrorist Financing, or fraud in the data provided or operations carried out by the user will allow Bit2Me to immediately unilaterally cancel the service provision contract that binds them.
Furthermore, Bit2Me reserves the right to block, deactivate, or close the user's account when necessary to comply with existing or future legal and regulatory obligations.
PRICE OF SERVICES
The report generated by Bit2Me Tax will be free of charge.
In the event of a change in the service's terms of use, Bit2Me reserves the right to modify the Terms and Conditions and may pass on these changes to its users.
The price of the Tax Advisory service will be determined by the third-party service provider, and Bit2Me is not responsible for it.
The user may have access to certain benefits in the price of the tax advisory service depending on the user's level in the Bit2Me Platform's Space Center.
CONTRACT DURATION
This contract has a duration of one year from its acceptance and signing, and is AUTOMATICALLY renewable for periods of equal duration, indefinitely, unless either party notifies the other of their intention not to renew. However, the user may request termination of the contract at any time. In any case, the user may not terminate the contract until they have fulfilled all their payment obligations to Bit2Me.
OBLIGATIONS
Bit2Me undertakes to:
- Address with the utmost diligence all inquiries the user may make arising from the use of the services included on the website.
- Provide the service to the user in accordance with what is established in these Terms and Conditions.
- Keep Bit2Me Tax services operational 24 hours a day, except for temporary interruptions due to website maintenance services, technical or computer problems such as internet outages caused by any reason, cyberattacks, and similar situations that temporarily make it impossible to provide the service. The service will be restored as soon as the incidents have been resolved.
- Notify any movement that Bit2Me may consider suspicious in order to compromise the security of the user's account, for subsequent analysis.
The user undertakes to:
- Provide the information required in the forms in the cases indicated in the preceding sections when selling cryptocurrencies.
- Confirm acceptance of these Terms and Conditions by clicking the "I have read and accept the Terms and Conditions" button.
- Communicate to Bit2Me all necessary data for accessing and using services that require prior identification, which must be truthful, current, and accurate.
- Adopt necessary security measures, both personal and material, to maintain the confidentiality of relevant data supplied by Bit2Me or its partners, as well as immediately notify Bit2Me of any loss, misplacement, theft, or illegitimate access in their name and/or knowledge by third parties. The user expressly accepts that any use of the service performed with their access credentials has been carried out by themselves.
- Make proper use of the Services included in Bit2Me Tax services, always in accordance with the legal system.
- Not to carry out any activity that hinders or interferes with the operation of the Services, including Bit2Me Tax services.
- To be responsible for all operations carried out in their user account, exempting Bit2Me from any liability.
LIABILITY
Bit2Me Tax does not warrant that its features, calculations, and all materials or information derived therefrom (including, but not limited to, any tax reports that may be generated, if any): (a) will be accurate, complete, reliable, current, error-free, or free of viruses or other harmful components; (b) will be of such quality as to satisfy your specific individual needs at all times; and (c) constitutes an accurate and reliable reflection of your actual tax obligations (if any).
You also understand and agree that we will not be liable to you or anyone else for any error, delay, loss, or damage arising from or in connection with: (a) any inaccuracy, defect, or omission in cryptocurrency pricing data, or in the accounting or calculation methodology applied in BT; and (b) any interruption, system downtime, error, or delay in data transmission or the processing of your data.
The user assures that they understand and have the necessary knowledge to use blockchain systems and services, and are fully aware of the risks associated with buying and selling cryptocurrencies and using blockchain. Bit2Me will not be responsible for any loss of cryptocurrencies or traditional currencies or situations that prevent access to them, which may result from any action or omission of the user.
The user accepts that buying/selling cryptocurrencies can involve a high risk due to price fluctuations that may lead to an increase or partial or total loss of the investment. The user acknowledges the risk involved in selling cryptocurrencies, so Bit2Me will not bear any responsibility for losses or gains incurred by the user when selling their cryptocurrencies to Bit2Me.
Bit2Me does not provide any type of advice to the user in any area, whether fiscal, financial, economic, accounting, commercial, or any other. Therefore, decisions made by the user are made personally on their own initiative and do not arise from any activity or promotional offer by Bit2Me. The responsibility for tax advice provided by a third-party provider will be determined by their General Conditions, and Bit2Me is not responsible for them.
Bit2Me assumes no responsibility for failures in the internet network, cryptocurrency blockchains, banks, or for software attacks by any hacker that result in the loss or disappearance of the user's cryptocurrencies.
The user declares to be aware of all risks associated with holding cryptocurrencies and therefore exempts Bit2Me from any liability for the loss of their cryptocurrencies.
Likewise, any incident arising from the use of methods for payment and receipt of legal tender currency will be the sole responsibility of the provider thereof.
Notwithstanding the foregoing, in cases where an error may occur during the cryptocurrency buying and selling process, the user may contact Bit2Me's support service at http://support.bit2me.com.
The Services offered through Bit2Me Tax services comply with Spanish legal provisions. Bit2Me is not responsible for those services that do not conform to the legal provisions of other countries where the services offered through Bit2Me Tax services may be provided.
Bit2Me is released from any liability in case of improper or unlawful use of Bit2Me Tax services by the user.
Bit2Me will not assume any responsibility for damages or losses that may be suffered as a result of events that could not have been foreseen, or that, if foreseen, were unavoidable, whether due to fortuitous event or force majeure.
Bit2Me is not responsible for any failure, technical error, accident, breakdown, manipulation, interruption in the Service, or any other incident that may arise in equipment or technical services external to Bit2Me whose use is necessary for the provision of the Service.
Bit2Me will not be liable in cases of Service unavailability due to force majeure or temporary suspension due to technical reasons.
Bit2Me assumes no responsibility for improper use of the user's access credentials, unless they have previously reported their loss, theft, or misplacement, in which case the user must immediately proceed to change them through the procedures Bit2Me has established for this purpose. The replaced password will be canceled as a means of identification at the same time the new one is generated. The user expressly accepts that any use of the service performed with their access credentials has been carried out by themselves.
Bit2Me is not responsible for loss of funds due to third-party deception of the user, for example, a scam asking for payment in cryptocurrencies for a service that is never delivered.
Bit2Me prohibits the purchase of cryptocurrency on Bit2Me for the payment of a ransom typically demanded by ransomware (such as Cryptolocker). Should a user find themselves in this situation, our team encourages all users to contact the police and never make the payment.
The user will be responsible for any damages or losses that may have been caused to third parties due to the data provided, including but not limited to, as a result of the following actions:
- Use of outdated, false, or inaccurate data.
- Use of the user's personal keys by third parties.
Bit2Me does not recommend investing in cryptocurrencies for individuals who are not fully aware of the service they are contracting and do not correctly understand how it is being provided.
ASSIGNMENT AND SUBROGATION BIT2ME
Bit2Me, if deemed necessary, may assign or subcontract contracts formalized with users to other entities to carry out the purpose of the contract as established in these Terms and Conditions.
MAINTENANCE AND TEMPORARY SUSPENSION OF SERVICE FOR BIT2ME TAX SERVICES
Bit2Me will use all reasonable efforts to ensure that the user can access the services in accordance with these General Conditions. However, Bit2Me may temporarily suspend services for maintenance or updates, and will use all reasonable efforts to inform you about such Scheduled Maintenance. The user acknowledges that this may not be possible in emergency cases and accepts the risks associated with the fact that the user may not always be able to access, use, or carry out transactions with the Bit2Me Account.
The service, therefore, may be temporarily interrupted by Bit2Me without prior notice for maintenance tasks necessary for the proper functioning of Bit2Me Tax services.
Failure to comply with the obligations listed below by the Bit2Me user will result in the temporary suspension of the service in Bit2Me Tax services:
- Lack of additional information necessary for user identification.
- Not accepting possible updates to the Terms and Conditions or the Privacy Policy.
The suspension of the service results in the following consequences:
- Bit2Me will communicate its decision to temporarily suspend your activity in Bit2Me Tax services, indicating the reason for the suspension (unless legally obliged not to), and requesting the actions to be taken to regularize the situation.
- The user will not have access to Bit2Me Tax services during this period and therefore will not be able to perform any operations therein.
- This temporary suspension becomes permanent THIRTY (30) days from the start of the temporary suspension, if the situation has not been regularized or updated with the necessary information to continue operating in Bit2Me Tax services. After these THIRTY (30) days without regularizing the situation and, if there is a balance in any of the currencies in your Wallet, it will be blocked and considered an "account with abandoned balance and/or storage," with Bit2Me applying the current legal regulations or, where applicable, acting according to the orders of the competent authorities.
TERMINATION AND RESOLUTION
This contract will terminate for the following reasons:
- Due to non-acceptance of the modification of the Privacy Policy, the Terms and Conditions, or the service price: The contract will automatically terminate.
- Due to breach by either party of an essential obligation of the contract: The other party may unilaterally terminate this contract.
- By express wish of the user: The user may decide at any time to terminate the validity of this contract by communicating their decision to the following email address: info@bit2me.com. When this contract terminates for any reason, the user may not request Bit2Me to undo the operation or operations carried out during the contractual relationship. Therefore, no refunds of cryptocurrencies sold to Bit2Me or restitution of cash (legal tender) may be requested.
- By unilateral termination by Bit2Me: Bit2Me reserves the right to unilaterally proceed at any time to cancel the service provision contract formalized through the user's acceptance of these conditions.
Should such circumstances arise, Bit2Me will proceed to close the user's account, notifying them of this fact, and the user will be responsible for withdrawing any existing funds. Failure by the user to withdraw funds may result in the application of penalty fees by Bit2Me.
NULLITY OF ANY PROVISION
If for any reason any provision of these Terms and Conditions is deemed null and void, this will not affect the remaining provisions of the contract, which will remain in force for the established period.
ANTI-MONEY LAUNDERING
As established in letter z) of article 2.1 of Law 10/2010 on the Prevention of Money Laundering and Terrorist Financing, Bit2Me's activity as a provider of virtual currency exchange services for fiat currency and electronic wallet custody is subject to the aforementioned regulations on the Prevention of Money Laundering and Terrorist Financing.
Bit2Me fully complies with current regulations on anti-money laundering and other complementary regulations. To this effect, Bit2Me informs you that said regulations require, among other obligations, the documentary identification of its users, the collection of information on the nature of their professional or business activity, and the reporting, either at the request of the Executive Service of the Commission for the Prevention of Money Laundering and Monetary Infringements, or ex officio, of any fact or operation regarding which there is an indication or certainty that it is related to money laundering.
CUSTOMER SERVICE
The user has a Customer Service available to contact an agent directly at the following address:
https://support.bit2me.com/en/support/home
INTELLECTUAL AND INDUSTRIAL PROPERTY
Bit2Me Tax services, their source code, and the content they host are protected by national and international intellectual and industrial property laws. They may not be subject to exploitation, reproduction, distribution, modification, public communication, assignment, or transformation, unless expressly authorized in writing by the rights holders.
The design, images, signs, distinctive signs, trade name, trademarks, logos, products, and services contained in Bit2Me are protected by Industrial Property law.
Access to this Bit2Me Platform does not grant users any right or ownership over the intellectual or industrial property rights or the content it hosts. Users accessing this Bit2Me Platform may not copy, modify, distribute, transmit, reproduce, publish, assign, or sell the aforementioned elements or create new products or services derived from the information obtained without express written authorization from Bit2Me.
Any alteration of the content or structure of this Bit2Me Platform by the user is strictly prohibited.
Bit2Me reserves the right to take appropriate legal action against users who violate or infringe intellectual and industrial property rights.
APPLICABLE LAW AND COMPETENT JURISDICTION
This contract will be interpreted and governed in accordance with current Spanish legislation. Both parties, expressly waiving any jurisdiction that may correspond to them, submit any interpretation or controversy resulting from this contract to the Courts that, according to the legal system, are competent.
© Bit2Me 2024
All rights reserved.