Version: 1.0
These BitDCA terms of use ("Terms") govern the mutual rights and obligations of DNZ BTO s.r.o., a companyhaving its registered office at Václavské náměstí 2132/47, Nové Město, 110 00 Prague 1, Czech Republic,ID No.: 079 64 358, registered in the Commercial Register maintained by the Municipal Court in Prague underfile C 310622 (the "Operator"), as operator of the BitDCA service (the "Product"), and users of the Product(each a "User").
INVESTING IN CRYPTOASSETS IS HIGHLY RISKY AND NOT RECOMMENDED FOR INEXPERIENCEDINVESTORS. NEVER INVEST MONEY WHICH YOU CANNOT AFFORD TO LOSE. INVESTMENTS INTOCRYPTOASSETS ARE NOT INSURED. PRIOR TO USING THE PRODUCT, PLEASE READ ANDEVALUATE THE NON-EXHAUSTIVE LIST OF RISKS IN CLAUSE 14 (RISKS). IN CASE OF ANY DOUBTSOR QUERIES, PLEASE CONSULT AN INDEPENDENT FINANCIAL ADVISOR.
In these Terms, the following terms have the meanings ascribed to them below:
2.1 The Operator of the Product is DNZ BTO s.r.o., a company having its registered office at Václavskénáměstí 2132/47, Nové Město, 110 00 Prague 1, Czech Republic, ID No.: 079 64 358, registered inthe Commercial Register maintained by the Municipal Court in Prague under file C 310622.
2.2 Users may contact the Operator using any of the following means:
3.1. Features
3.1.1 The Product is a service which enables its Users, in particular, to:
3.1.2 The Product does not enable its Users to invest in BTC in any manner other than through, and onthe fixed terms of, Automatic Investments, or to sell BTC to the Operator.
The Product may be accessed via the Mobile Application.
Usage of the Product is, in itself, free of charge. Operator margin is priced into Exchange Rates andgenerated by additional Fees chargeable on Automatic Investments.
4.1 By registering for the use of the Product, the User agrees to be bound by the T&C Documents.
4.2 The T&C Documents, together with any special written arrangements of the Parties, constitute anagreement on the provision of the Product between the Operator, as provider of the Product, and theUser, as user of the Product (the "Product Agreement").
4.3 Provisions of the Parties' special written arrangements control over the T&C Documents. Provisionsof the Pricing Terms control over these Terms.
5.1 In order to use the Product's functionalities referred to in clause 3.1.1, the User must completethe registration process requested by the Product interface
5.2 As part of the registration the User must, in particular:
5.3 Linking the User Payment Card and User Bank Account to the Product grants the Operator readaccess to transactions booked on the User Bank Account. This is necessary for:
Access is facilitated by a licensed third-party account information service provider listed in the Productinterface (the "AISP"). No access will be granted to either of the AISP or the Operator until the Usergives express consent during the registration process; once granted, the User may withdraw itsconsent at any time within the Product interface.
5.4 In completing the registration, the User must provide truthful, accurate and complete information.
5.5 The Operator may refuse or defer a User's registration for any or no reason; in particular, it may doso if:
5.6 If and once registration has been successfully completed, the Operator will give corresponding noticeto the User either via e-mail or within the Product interface. Upon registration, the Product Agreementis formed and the User may commence using all of the Product's functionalities.
6.1 The User must keep all personal and payment information related to its account up-to-date, and mustpromptly notify the Operator of any changes to such information.
6.2 Any personal and payment information may be changed within the Product interface, subject to anyAML, KYC and card or account authentication procedures required by the Operator.
6.3 The User must keep their Product login credentials strictly confidential.
6.4 The Operator may suspend access to the User's account for any of the reasons set out in clause 5.5,pending remediation of the relevant issue
7.1 The Automatic Investment functionality operates as follows:
7.1.1 The User enables the functionality in the Product interface and chooses the proportion (%) ofthe amount of each Vendor Payment which it wishes to invest automatically into BTC (such proportionbeing referred to as the "Investment Proportion"). The amount of Fiat Currency which, subject to theapplicable Cap, corresponds to the Investment Proportion of each Vendor Payment, is referred to asan "Investment Commitment".
Example A: If the User opts for an Investment Proportion of 5 % and then makes a VendorPayment of EUR 100, such Vendor Payment will give rise to an Investment Commitment ofEUR 5 (5 % out of EUR 100).
7.1.2 As the User then proceeds to make Vendor Payments, over time, the Product leverages its transactionhistory access to (i) identify such Vendor Payments and (ii) calculate and record the InvestmentCommitments created by them. However, prior to such time as the balance of InvestmentCommitments recorded by the Product reaches or exceeds the Floor Value (each such moment beingan "Investment Event"), no transfer of Fiat Currency or BTC takes place between the Parties.
Example B: Having opted for an Investment Proportion of 5 %, a User has made VendorPayments in the total amount of EUR 280. The Product has therefore recorded InvestmentCommitments in the total amount of EUR 14 (5 % out of EUR 280). But since, in this example,the Floor Value is set at EUR 15, no Automatic Investment has taken place so far: the User hasneither had to make any actual payment to the Operator, nor acquired any BTC. The InvestmentCommitment balance remains a referential number shown in the Product interface
Users are advised that the recording of Vendor Payments and Investment Commitments in theProduct interface is not immediate and may take up to a few days, depending on a number of factorssuch as the AISP and the bank administering the User Bank Account.
7.1.3 Once an Investment Event does occur, an Automatic Investment is executed automatically:
Example C: The User referred to in Example B above has now made one additional VendorPayment in the amount of EUR 100. This causes the Product to record an additional InvestmentCommitment of EUR 5 (5 % out of EUR 100), and the total Investment Commitment balanceincreases to EUR 19 (EUR 14 plus EUR 5). As a result, the Floor Value is reached (exceeded)and the Investment Event occurs: the User automatically purchases EUR 19's worth of BTC atthe applicable Exchange Rate.
7.1.4 After completion of the Automatic Investment, the balance of Investment Commitments resets to zeroand the process described in clauses 7.1.2 and 7.1.3 begins anew.
7.2 If the User wishes to use the Automatic Investment functionality, they must:
7.3 For as long as, and each time that, the Automatic Investment functionality is activated by the User,the User agrees to purchase from the Operator and the Operator agrees to sell to the User, on eachInvestment Event, the Purchased BTC, for the Purchase Price, as increased by the applicable Fees.
7.4 The Operator shall only become obliged to transfer the Purchased BTC if and once the PurchasePrice and all applicable Fees have been paid; after receipt of payment, the Operator shall execute thetransfer within 48 hours.
7.5 The User may deactivate the Automatic Investment functionality at any time using the Productinterface. Deactivation will not, however, affect any Automatic Investments already completed prior tothe deactivation.
8.1 The amount of Purchased BTC which a User is entitled to acquire for any given Purchase Price isdetermined by reference to the Exchange Rate valid at the time at the time of execution of theAutomatic Investment.
8.2 The Exchange Rate is set by the Operator and reflects, in principle, the sum of the Operator's ownacquisition costs plus margin. Since the Operator purchases BTC continuously at varying prices, theExchange Rate, too, fluctuates over time.
8.3 The User should beware that the Exchange Rate may fluctuate even between the occurrence of theInvestment Event and the execution of the ensuing sale of BTC. This means that, in practice, Usersmay receive slightly more or less of BTC for the Purchase Price than they might have originallyexpected. The User explicitly consents to such arrangement.
9.1 As remuneration for providing the Product, the Operator is entitled to the payment of Fees by the User.
9.2 A complete list of all Fees, inclusive of their amount or calculation, is set forth in the Pricing Terms. Ifno Fees are listed in the Pricing Terms, this means none are payable by the User.
9.3 The Operator may change the Pricing Terms at any time, under the same conditions and in the samemanner as these Terms.
9.4 The Fees are due and payable on each Investment Event, together with the Purchase Price and inthe same manner as the Purchase Price, unless expressly provided otherwise in the T&C Documentsin individual cases.
10.1 Payments of the Purchase Price or any Fee may only be made by the User Payment Card.
10.2 The User Payment Card and the User Bank Account must be registered in the User's own name.
10.3 The User explicitly authorises the Operator to initiate payments of any amounts owing to it under theT&C Documents, in particular Purchase Prices and Fees, from the User Payment Card, when and asthey fall due. Any Purchase Price, and unless explicitly provided otherwise in the T&C Documents,the applicable Fees, will be due on the date on which the respective Investment Event has arisen. Ifany payment under this clause fails on the first attempt, the Operator reserves the right to reattemptcollection of the payment repeatedly until such time as it is successful.
10.4 The Operator may refuse any User payment which:
The Operator must return any refused payment using the same means by which it was originally made,after deduction of any fees charged in connection with such operation by the Operator's provider ofbanking services.
11.1 Automatically upon the execution of each Automatic Investment, all Purchased BTC will be stored inescrow accounts maintained by the Custodian, in the name of the Operator but to the sole benefit ofthe User ("Custody").
11.2 Purchased BTC held in Custody will remain the property of the User. The Operator may not disposeof or otherwise use the Purchased BTC, except for:
11.3 The User may request the Operator to transfer any Purchased BTC stored in Custody into any Walletaddress chosen by the User (a "Withdrawal"). If the User wishes to make a Withdrawal, they must:
11.4 The Operator is entitled to assume that the information provided in the Withdrawal instruction reflectsthe User's actual intent. The User acknowledges that providing incorrect, inaccurate, or incompleteinformation in the Withdrawal instruction may result in the irreversible loss of the BTC being withdrawn.
11.5 Withdrawals may be subject to fees charged by the Custodian and other intermediaries in accordancewith their terms and conditions. In such cases, the Operator will inform the User of such third-partyfees and only the balance of the withdrawn BTC, after deducting all applicable third-party fees, will becredited to the chosen Wallet.
12.1 The Operator may reject or cancel the execution of any Product Transaction or, if relevant, suspendits execution pending resolution of the issue at hand if:
12.2 Save where this is prohibited by law or technically impossible, if the Operator decides to reject, cancelor suspend the execution of a Product Transaction:
13.1 To the maximum extent permitted by law, the Operator is not liable for any damage resulting from:
13.2 To the maximum extent permitted by law, neither Party will be liable to the other for lost profits arisingfrom a breach of any legal obligation.
14.1 The User acknowledges and accepts that using the Product involves significant risks, includingthe following:
14.2 The User further acknowledges and agrees that:
15.1 The content of the Product, including texts, source codes, graphics, visualizations, photographs,audiovisual works, trademarks, and designs (the "Content"), is protected by intellectual propertyrights, including copyright, trade name protection rights, and trademark rights. All rights to the Contentare the exclusive property of the Operator or the property of a third party that has granted the Operatora license to use them.
15.2 The Operator grants the User a free, non-exclusive, and territorially unrestricted license to usethe Content for the purposes of regular use of the Product in accordance with the Product Agreementand applicable laws. This license is limited to the duration of the Product Agreement and is nontransferable and non-assignable to any third party.
15.3 The User is authorized to use the Product and its Content exclusively for personal, non-commercialpurposes.
16.1 If any performance provided by the Operator under the Product Agreement is defective, the User isentitled to defective performance remedies under the Civil Code and other applicable law.The circumstances (events) specified in clause 13 (Liability) are not considered defects.
16.2 The User must assert their rights arising from defective performance (file a corresponding complaintwith the Operator) without undue delay after discovering the defect, or without undue delay after theycould have discovered the defect with ordinary care. In formulating their complaint, the User mustinclude all information necessary for the proper handling of the complaint by the Operator, particularly:
16.3 Based on the information provided by the User, the Operator will decide on the validity of thecomplaint. The Operator is required to review and address the submitted complaint without unduedelay and inform the User of the outcome of the complaint procedure no later than 30 days fromreceipt. If the complaint is upheld, the User will be provided with replacement performance free ofdefects, unless the User explicitly requests another remedy or the law requires otherwise.
17.1 The Product Agreement is made for an indefinite term.
17.2 The User may terminate the Product Agreement at any time, with immediate effects and for any or noreason, by closing its User account via the Product interface.
17.3 The Operator may terminate the Product Agreement by corresponding notice to the User or by closingthe User's account:
17.4 Termination of the Product Agreement always results in the closure of the User's account and viceversa; it does not, however, cancel or otherwise affect any Automatic Investments already completedby the User.
17.3 The Operator may terminate the Product Agreement by corresponding notice to the User or by closingthe User's account:
17.5 Upon termination, the balance of all Purchased BTC held for the User in Custody will be transferredinto a Wallet chosen by the User, and the User undertakes to provide to the Operator all cooperationnecessary for such purpose. Provisions of the T&C Documents governing Withdrawals applyaccordingly. The User will bear all costs incurred by the Operator as a result of the User's delay inproviding necessary cooperation (e.g., custodial costs).
17.6 The User expressly authorises the Operator to make the Product available to the User and to executeany Product Transaction prior to the expiry of the statutory period for cancellation by the User9(section 1829 (1) of the Civil Code). The User acknowledges that they are not entitled to cancelthe Product Agreement or any individual Product Transaction because:
18.1 The Operator may modify the T&C Documents or the Product itself on an ongoing basis, includingchanges to:
18.2 Changes to the Product may be made for any legitimate reason, including enhancing the user interfaceor experience (UI/UX), expanding functionalities, modifying technical delivery methods, alteringalgorithms, adjusting the Operator's business model, modifying supplier arrangements, updatingpricing policies, responding to market developments, adapting to changes in exchange, custody, orrelated services, improving compatibility or interoperability with crypto wallets, aligning with marketstandards, addressing technological advancements or competition, or complying with legalrequirements.
18.3 The Operator will notify the User of any new version of a T&C Document or changes to the Productby electronic means at least one month before the changes take effect. The User will be deemed tohave accepted the changes by continuing to use the Product after this period. If the User disagreeswith the changes, they may terminate the Product Agreement with immediate effect by notifyingthe Operator or closing their account before the changes take effect.
18.4 The provisions of clause 18.3 regarding the minimum notification period and the User's right toterminate the Agreement do not apply to changes that:
19.1 The Product Agreement may be executed and amended, and any legal act relating to the ProductAgreement may be made, using remote communication methods, including the Product interface.
19.2 The User may contact the Operator regarding any matter related to the Product, including the exerciseof rights or submitting complaints, using any method set out in clause 2.2.
19.3 The Operator may serve notices to the User relating to the Product, including pre-contractualdisclosures, confirmations of received orders, instructions or of executed contracts, proposals ofamendments to the T&C Documents, notices of updates, and other communications required underthe T&C Documents or applicable law, also by:
20.1 B2B relationships. These Terms are based on the presumption that the User is a consumer.If the User is not a consumer, the provisions of the T&C Documents implementing consumerprotection requirements of the applicable law will not apply to the User, except if the Operator voluntarydecides to rely on them.
20.2 Handling of complaints. Users may send any complaints or feedback to the Operator in any ofthe manners stated in clause 2.2.
20.3 Supervisory authorities. The supervisory authorities overseeing the Operator's activities, whichthe User may contact in case of complaints, are:
20.4 Consumer disputes. If a dispute arises between the Parties under the Product Agreement andcannot be resolved amicably, the User has the right to refer the dispute to:
for out-of-court resolution of the consumer dispute. This right must be exercised within one year fromthe date the User first raised the issue with the Operator.
Additionally, the User may submit a complaint concerning the Operator’s services or seek alternativedispute resolution through the European Consumer Centre Czech Republic (Evropské spotřebitelskécentrum České republiky), Štěpánská 567/15, 120 00 Prague 2 – Nové Město, Czech Republic(https://ec.europa.eu/consumers/odr/).
20.5 Entering into agreement; correction of data. The Product Agreement is formed upon the successfulregistration of the User for usage of the Product in accordance with clause 5 (Registration). ProductTransactions are executed in accordance with clauses 7 (Automatic Investments) and 11 (Custodyand Withdrawals). Before submitting any registration form, document, information, or instruction withinthe Product interface, the User may (and should) review and, if necessary, correct the entered data.Personal and payment data linked to the User's account can be updated later by notifying the Operatorof the relevant changes or adjusting Product settings.
20.6 Access to agreement. The Product Agreement is made in English and is retained by the Operator inthe form of an electronic record (log) for internal purposes. The User cannot access such electronicrecord. However, this does not affect the User's access to the Terms, which remain available fordownload and are linked in the Mobile Application.
20.7 Minimum duration of obligations. The user may terminate the Product Agreement at any time;therefore, there no minimum term is set over which the User will be bound by the Product Agreement.Product Transactions may not, however, be reversed.
20.8 Binding rules of conduct. In providing the Product, the Operator acts in compliance with applicablelaws but is not bound by any code of conduct.
20.9 Data protection. The use of the Product involves the processing of the User's personal data, whichis governed by Privacy Policy.
20.10 Technical requirements and updates
20.11 Assignment. The Operator may assign any of its rights, or all rights and obligations, under the ProductAgreement to:
The User expressly agrees to any such assignment. No further consent from the User is required, andthe assignment takes effect upon notification to the User. The User may not assign any of their rightsor obligations under the Product Agreement without the Operator's consent.
20.12 Severability. If any provision of the Terms is invalid or unenforceable, it shall be replaced by aprovision that most closely approximates the intent of the invalid or unenforceable provision.The validity and enforceability of the remaining provisions remain unaffected.
20.13 Governing law
20.14 Effective Date. These Terms become effective on the date specified above.