Legal Notices
BITSTACK SAS is a French simplified joint-stock company with share capital of €4,758,724.64, registered with the Aix-en-Provence Trade and Companies Register under the number 899 125 090 and domiciled at 100 impasse des Houillères - Le Pontet, 13590 Meyreuil, France.
VAT No: FR 58,899,125,090
Managing Editor: Alexandre Roubaud.
Contact: hello@bitstack-app.com.
The website is hosted by Webflow, Inc., a company incorporated under the laws of the United States, having its registered office at 398 11th Street, San Francisco, CA 94103, USA. The hosting relies on the infrastructure of Amazon Web Services, Inc. and the content delivery network of Fastly, Inc.
Bitstack's mobile app is available exclusively through the Apple App Store and Google Play Store.
General Terms and Conditions
Definitions
BITSTACK or the Company: Refers to BITSTACK SAS, a French simplified joint-stock company with share capital of €4,758,724.64, registered with the Aix-en-Provence Trade and Companies Register under the number 899 125 090 and domiciled at 100 impasse des Houillères - Le Pontet, 13590 Meyreuil, France.
Customer(s): Refers to users who have subscribed to one or more of the Services marketed by BITSTACK.
Account: Means the Account opened on the Platform by a Customer, which is required for subscribing to any of the Services.
GTCs: Refers to these general terms and conditions applicable to Customers.
Crypto-Asset(s): Means crypto-assets as defined in Article 3 of the MiCA Regulation authorised by BITSTACK and on which the BITSTACK Services can be provided to the Customer. The list of Crypto-Assets authorised by BITSTACK and the list of Crypto-Asset liquidity providers are available on the home page of the Platform.
Personal Space: Means the area of the BITSTACK mobile application dedicated to the use of the Services subscribed to after the creation of an Account.
AML/CFT: Refers to the "Fight Against Money Laundering and Terrorist Financing" obligations to which BITSTACK is subject.
Parties: Refers to BITSTACK and the Customers, the parties to these GTCs.
Platform: Refers to the BITSTACK mobile application and the bitstack-app.com website, as well as all its related domains or sub-domains.
Wallet: Refers to all Crypto-Assets held and managed on behalf of the Customer by BITSTACK through a sub-custody service provider.
Service(s): Means the services provided to Customers by BITSTACK in the context of the operation of its activities. All the Services offered by BITSTACK to its Customers fall within the scope of the MiCA Regulations. BITSTACK is approved by the French Financial Markets Authority (“AMF”) as a Digital Asset Service Provider (“DASP”) in accordance with Article 59 of Regulation 2023/1114 of 31 May 2023 on markets in crypto-assets (“MiCA”) under number A2025-003 since 2 July 2025 for the provision of the following services:
•the safekeeping and administration of crypto-assets on behalf of customers; (Article 3 (16) (a) MiCA), i.e. "the custody or control, on behalf of customers, of crypto-assets or the means of access to these crypto-assets, where appropriate in the form of private cryptographic keys".
•the exchange of crypto-assets for funds; (Article 3 (16) (d) MiCA), i.e. "the conclusion, with customers, of contracts for the purchase or sale of crypto-assets for funds, using equity capital;".
•the exchange of crypto-assets for other crypto-assets; (Article 3 (16) (c) MiCA), namely "the management of one or more multilateral systems, which bring together or facilitate the meeting of multiple buying and selling interests expressed by third parties for crypto-assets, within the system and in accordance with its rules, in a manner that results in a contract, either through the exchange of crypto-assets for funds or by the exchange of crypto-assets for other crypto-assets".
•the execution of orders on crypto-assets on behalf of customers: (Article 3 (16) (e) of the MiCA Regulation), i.e. "the conclusion, on behalf of customers, of agreements to buy or sell one or more crypto-assets or the subscription, on behalf of customers, of one or more crypto-assets, including the conclusion of contracts for the sale of crypto-assets at the time of their public offering or their admission to trading".
•the service of transferring crypto-assets on behalf of customers; (Article 3 (16) (j) MiCA) i.e. “providing services transferring, on behalf of a natural or legal person, crypto-assets from one address or a distributed ledger account to another”.
Subscription: Means the subscription and/or purchase, by a Customer, of one or more Services offered by BITSTACK and involving the acceptance of these GTCs.
1. Purpose
1.1. Contractual whole
These GTCs and the Privacy Policy available on the Platform constitute a legally binding contractual whole, concluded between BITSTACK and the Customers.
These GTCs are available at any time on the Platform. They prevail over any previous version. The version applicable to the relationship between the Customer and BITSTACK is that in force on the Platform. The GTCs are applicable until the closure or deletion of the Account.
BITSTACK reserves the right to modify these GTCs, at any time and in its sole discretion.
Customers will be notified of these changes by email or on the Platform. Customers are responsible for reading the revised conditions before accessing the Platform again. In such a situation, the version of the GTCs applicable to the contractual relationship between the Customer and BITSTACK will be that in force at the time of the notification.
It is advisable to keep the GTCs in paper format or to save them on a secure computer medium.
These GTCs constitute the written agreement concluded between BITSTACK and the Customer in accordance with Articles 721-14 and 722-4 of the AMF General Regulations (RGAMF) and Article 75 of the MiCA Regulations.
1.2. Acceptance
Acceptance of the GTCs, available at any time on the Platform, is confirmed by creating an Account. On this occasion, the Customer acknowledges having read them carefully, understood and accepted them in their entirety. Acceptance of these GTCs is necessarily full and unconditional. Any adherence subject to certain reservations is considered null and void. The GTCs continue to apply when a Customer subscribes to one or more Services marketed by BITSTACK. If the Customer does not agree to be bound by these GTCs, they will not be able to access the Services.
The Customer concerned further acknowledges having carried out the necessary research outside or in addition to the information provided by BITSTACK and having inquired about the risks inherent in using the Services.
By accepting these GTCs, Customers are aware that the Services offered by BITSTACK relate to the crypto-assets sector and are directly related to blockchain technology, which entails several consequences.
On the one hand, Customers are aware of the economic risks associated with the Services marketed. As such, they acknowledge that Crypto-Asset markets are decentralised, that the Services are not suitable for many investors and that they carry a high level of risk of capital loss, particularly due to the extreme volatility of the markets.
Therefore, although the risk of loss does not exceed the amount invested, Customers undertake not to invest funds that they cannot afford to lose. Furthermore, they acknowledge that they understand that past performance is by no means an indication of future performance, which may vary both upwards or downwards.
On the other hand, Customers are aware of the technical risks associated with the Services offered, including risks related to an error or security failure, whether or not linked to the blockchain, which could result in the loss of data or access to retained Crypto-Assets.
In addition, while BITSTACK strives to provide access to fair and accurate content on the Platform, the Company does not guarantee its completeness.
Finally, the Customer understands that the Services may be affected by legal risks, including any changes, restrictions, or prohibitions resulting from applicable laws or regulations that may impact the existence, legality, or status of Crypto-Assets (notably influencing their market liquidity and price).
Customers acknowledge and agree that the Services provided by BITSTACK do not include any advice from the Company, including on the desirability, terms or consequences of any transaction.
2. Services
BITSTACK operates and makes available to its Customers a mobile application, the Platform, dedicated to the provision of services related to investment in Crypto-Assets.
As such, each Customer who has created an Account on the Platform or subscribed to a subscription, has the opportunity to become a Customer and therefore to:
•create a wallet through the Crypto-Assets rounding mechanism or through one-off or recurring purchases;
•sell their Crypto-Assets for euros;
•benefit from a retention service for their Crypto-Assets;
•withdraw their Crypto-Assets acquired through the Services to an external wallet;
•transfer their Crypto-Assets to other Customers;
•exchange Crypto-Assets for other Crypto-Assets.
The Customer uses the Services in accordance with the GTCs, as well as any instructions transmitted by BITSTACK via the Platform. The ceilings applicable to the use of the Services (i.e. the weekly ceilings for carrying out transactions on the Account) are available in the Personal Space via the Platform.
BITSTACK may, at any time and at its sole discretion, cease providing any of the Services. However, such termination shall not affect the obligations of the Company and the Customer in connection with any transaction in progress.
Except in the context of compliance with a legal obligation, BITSTACK and the Customer undertake to keep strictly confidential any information relating to transactions carried out in the context of a subscription to the Services and in particular in accordance with BITSTACK's obligations under professional secrecy.
The execution of orders to buy and sell Crypto-Assets is exclusively carried out via the Platform and according to the features available on the Platform under the conditions specified below. Orders are only accepted if they are placed on or via the Platform. Bitstack has no obligation to execute orders placed by other means (telephone, email or other electronic communication). In addition, Bitstack does not execute any specific instructions from its customers via the Platform.
In the context of the execution of orders to buy and sell Crypto-Assets, Bitstack will always be the counterparty to the Customer.
The Best Execution Policy for orders is available on the Platform via this hyperlink https://www.bitstack-app.com/documents/politique-de-meilleure-execution-et-de-gestion-des-ordres?c=EUR.
The list of platforms on which buying and selling orders will be executed is available in Appendix 1 to the Best Execution Policy. Under the terms of these General Terms and Conditions, the Customers grant their consent to BITSTACK regarding the Best Execution Policy for orders. In the event of a significant change to the Best Execution Policy , Customers will be informed by email.
2.1. Crypto-Asset buying and selling service in euros
BITSTACK enables its Customers to:
● purchase Crypto-Assets in euros by payment by credit card through a payment service provider (the “Payment Service Provider”; the Customer's consent is evidenced by the addition of their credit card details on the Platform; as of the conversion of euros into Crypto-Assets, BITSTACK undertakes to send the assets to the Customer's Wallet as soon as possible and, where applicable, within a maximum of one (1) business day;
● sell Crypto-Assets in euros by transferring the Crypto-Assets to a blockchain address provided by BITSTACK; the equivalent amount in euros is transferred to the Customer by SEPA transfer to the Customer's bank account; for this purpose, the Customer undertakes to link their bank account to the BITSTACK mobile application by providing their bank details;
● make recurring purchases of Crypto-Assets on the Platform:
•The Customer has the option to set up recurring purchases of Crypto-Assets through their Customer Space.
•The Customer selects the following settings:
•Frequency of recurring purchase (Hourly, Daily, Weekly or Monthly);
•Date and time of the first recurring purchase due;
•Amount in euros of the recurring purchase and payment terms;
•Payment by credit card:
•Payment via the Customer's available account balance
•opened with a banking service provider of
Bitstack (the “Banking Service Provider”). If
necessary, if the Banking Service Provider's account is insufficiently credited in Euro at the date and time of the recurring purchase, the recurring purchase is not carried out and the Customer is notified via the Platform of the failure to pay for the recurring purchase.
•Crypto-Asset(s) in the recurring purchase.
•The first recurring purchase is made on the date and time selected by the Customer. The recurring purchases are then made on each due date as configured by the Customer.
The recurring purchase can be stopped at any time by the Customer. The request to terminate the recurring purchase is taken into account by Bitstack as soon as possible and within a maximum of one (1) business day.
2.2. Service to purchase Crypto-Assets via the rounding mechanism
The Company offers a service for purchasing Crypto-Assets with rounding. As part of this Service, the Customer links their bank account and adds their credit card details to the Payment Service Provider. The Company calculates the difference between each amount paid by the Customer and the next highest euro, for all transactions carried out in its daily life (payments by credit card or bank transfer), then converts the accumulated amount into Crypto-Assets at weekly intervals. The Customer may also choose to "multiply" the total amount of these roundings in order to purchase more Crypto-Assets.
Crypto-Assets are made available to the Customer in their Wallet as soon as possible and within a maximum of one (1) business day from their conversion.
The rounding calculation is carried out through an external payment service provider that the Company puts in contact with the Customer (the "AIS/PIS Service Provider"). The Customer authorises the AIS/PIS Service Provider to communicate information about their bank account to BITSTACK. The Customer's consent is formalised by their entry into a relationship with the AIS/PIS Service Provider, as soon as the Customer links their bank account to this service provider. Otherwise, service for purchasing Crypto-Assets with rounding cannot be provided to the Customer.
The Payment Service Provider then makes a debit from the Customer's bank card to the Company's bank account; the Customer's consent is evidenced by adding their bank card details to the Platform.
2.3. Crypto-Asset Retention Service
Retention is offered to all Customers with a validated Account in accordance with the provisions of Article 4 of the GTCs.
•Where the Customer is a legal entity, the name(s) of the person(s) authorised to act on behalf of said legal entity shall be indicated on the Account.
•Where the Customer is a natural person, the capacity of that person and , where applicable, the identity of the person(s) authorised to act on behalf of said natural person shall be indicated on the Account.
The Company uses a sub-custodian who allows each Customer to have a Wallet to store the Crypto-Assets acquired on the Platform (hereinafter the "Retention Service Provider"). A default by this Retention Service Provider shall not in any case relieve the Company of its liability for the provision of this Service.
The Company shall ensure the safekeeping of the Customer's Crypto-Assets acquired by the Retention Service Provider, until (i) they request the transfer of the Wallet to an external wallet or their conversion into euros and the transfer of the funds to the bank account, (ii) the closure of the Account and/or (iii) the termination of these GTCs.
However, the Customer acknowledges and accepts that a transfer from the Wallet to an external wallet is subject to the provision of a blockchain address considered adequate by BITSTACK. In particular, this address will undergo an AML-CFT check.
Where possible, BITSTACK shall ensure that the necessary means are put in place to return the Crypto-Assets.
The Wallet balance is accessible (i) on the Platform via their Personal Space (except in the event of a technical incident, including a power outage, connection interruption, malfunction, or network or system overload) and (ii) only by the Customer.
By agreeing that BITSTACK retains their Crypto-Assets on their behalf for the duration of the retention period, the Customer expressly authorises BITSTACK to use them in order to manage the transactions ordered by the Customer.
BITSTACK shall ensure that the Customer's Crypto-Assets are separated, on the blockchain, from its own Crypto-Assets, and shall provide assistance to enable the Customer to exercise the rights attached to the Crypto-Assets retained by BITSTACK.
BITSTACK will not use the Customer's Crypto-Assets and the rights attached thereto without their express consent, except for handling them within the scope of a transaction ordered by them and their retention as part of the Services.
BITSTACK will maintain the position of each of its Customers in secure databases. BITSTACK, via the Retention Service Provider, will record in the Customer's position register any event likely to create or modify the Customer's rights as soon as possible. The position register is available to Customers at all times on the Platform. Where applicable, the position register may be sent to the Customer upon request.
BITSTACK has no control over the software protocols that govern or constitute the framework of the Crypto-Assets. Consequently, the Customer is informed that in the event of a fork in the shared electronic recording system, BITSTACK does not guarantee that the Customer will be entitled to the Crypto-Assets resulting from the fork to the extent of their position at the time the event occurs.
BITSTACK will make reasonable efforts to inform you of forks occurring on authorised Crypto-Assets by posting a notice on its website, including, to the extent possible, whether BITSTACK intends to support one, the other, or both branches of a fork.
Customers will have access to a monthly report of the Crypto-Assets retained directly from the BITSTACK mobile application.
BITSTACK shall implement the means at its disposal to ensure the security of the Crypto-Assets retained on behalf of the Customer. In particular, the vast majority of these Crypto-Assets are held in Wallets controlled by BITSTACK and secured by authentication protocols with a high level of security. In addition, Customers' holdings of Crypto-Assets held in so-called “Hot Wallet” Wallets (i.e. Wallets hosted online) are limited to the amount that BITSTACK considers reasonably adequate for day-to-day market operations.
BITSTACK also uses enhanced authentication systems to verify the identity of the Customer and authorise transactions on the Crypto-Assets held in the Wallet.
BITSTACK has also implemented a Crypto-Asset Retention Policy providing broad guiding principles applied by BITSTACK in the provision of the Retention Service to its Customers. The Retention Policy contains in particular elements relating to the rules for segregating Crypto-Assets and the procedures for returning Crypto-Assets.
In any event, the Customer's Crypto-Assets shall be separated from Bitstack 's funds and other Crypto-Assets in strict compliance with the applicable regulations. The segregation of Crypto-Assets is ensured at the accounting, functional and technical level by Bitstack in order to protect the Customer's property rights and to prevent the use of Customers' Crypto-Assets by Bitstack for its own account. In addition, in the event of Bitstack's insolvency, the Customer's Crypto-Assets are separate from Bitstack's assets and will be returned to the Customer under the conditions set out below.
However, BITSTACK will not be responsible for the consequences on retention of (i) an event of force majeure; (ii) an error, negligence or malicious act of the Customer; (iii) the Customer's failure to comply with the GTCs; (iv) a breach of the security of the Customer's system or environment of any nature whatsoever; or (v) a computer attack, hacking, logic attack or virus affecting the Customer's computer, email system, telephone or computer resources.
BITSTACK reserves the right to apply a retention fee for Wallets that have been inactive for more than one (1) year, at the rate referred to on the Platform. These retention fees will be deducted in Crypto-Assets if applicable. The Customer may refer to BITSTACK's Pricing Policy available at this address: https://www.bitstack-app.com/documents/politique-commerciale.
BITSTACK undertakes to return to the Customer, upon request, their retained Crypto-Assets as soon as possible, except in the event of an event not attributable, directly or indirectly, to BITSTACK, and in particular when:
•the Customer's Account has been suspended or closed;
•BITSTACK must carry out checks, in particular as regards AML/CFT;
•BITSTACK suspects that the Customer did not initiate the refund request;
•a competent authority objects to such return;
•BITSTACK is experiencing or has experienced a cyberattack, is subject to a breach or attempt at a cyberattack, a virus, a physical attack on its premises, or an attack affecting the integrity of its staff in the performance of their duties, and more generally when one of the cases of exclusion of liability occurs;
•the Platform, and more generally BITSTACK’s information systems, are undergoing maintenance;
•the Customer is dead or can no longer be contacted.
In particular, in the event of total or partial voluntary cessation of Bitstack's activities , the Agreement will be terminated by operation of law. Depending on the case, the Crypto-Assets will be returned to the Customer under the conditions set out in this clause or, where applicable, the Customer may accept the transfer of the Crypto-Assets to another Crypto-Asset service provider proposed by Bitstack. In the absence of a response from the Customer as to the return or transfer of the Crypto-Assets, they will be liquidated and the funds resulting from this liquidation will be deposited with the French Deposits and Consignments Fund (Caisse des Dépôts et Consignation), in accordance with the applicable law.
In the event of total or partial involuntary cessation, in particular in the event of the opening of insolvency proceedings against Bitstack, the return of Crypto-Assets will be organised by the procedural bodies designated by the competent court. The Customer shall request this return in accordance with applicable law.
2.4. Service to exchange Crypto-Assets for other Crypto-Assets
The Company offers a service to exchange Crypto-Assets for other Crypto-Assets. The Crypto-Assets eligible for this Service are those made available on the Platform and according to the ceilings applicable to the Customer.
As part of this Service, the Customer places an exchange order between two Crypto-Assets via the Application (“Crypto-Assets A”). The Customer selects the amount of Crypto-Assets A available in their Wallet and selects the Crypto-Asset they wish to obtain in exchange ("Crypto-Assets B").
The Customer is informed of the Crypto-Asset amounts of this transaction and the fees applied by Bitstack.
After the checks are done, the Customer's Crypto-Assets A are transferred from their Wallet. Crypto-Assets B are then made available to the Customer in their Wallet as soon as possible and within a maximum of one (1) business day from the validation of the transaction.
2.5. Crypto Asset Transfer Service
Via the Platform, the Customer may send and/or receive Crypto-Assets by transferring the Crypto-Assets from a Wallet or to external blockchain addresses belonging to the Customer. The list of blockchain technologies used for the transfer of Crypto-Assets is available on the Platform.
The Crypto-Asset transfer service is governed by the GTCs and in particular this paragraph.
The Customer that sent the request to transfer the Crypto-Assets will be informed of the estimated transfer costs and times, where these are different from the times indicated in paragraphs 2.5.1 and 2.5.2, at the time of confirming the transaction. The fees applied to transactions via the Platform are mentioned in the Pricing Policy: https://www.bitstack-app.com/documents/politique-commerciale.
The transfer request is carried out exclusively via the Platform.
The Customer is informed that the execution of a transfer request is irrevocable and can no longer be cancelled by BITSTACK once the request has been validated and executed.
For the transfer of Crypto-Assets to be considered permanently recorded on the blockchain technology, the number of block confirmations required depending on the technology used is indicated on the list of Crypto-Assets available on the Platform and within the Transfer Policy.
2.5.1. Transfer of Crypto-Assets between Customers (“Pay”)
The transfer of Crypto-Assets to another Customer requires the Customer receiving the transfer to have an Account, to comply with the GTCs and not be subject to restrictions, in particular with regard to AML/CFT.
The identification of the Beneficiary Customer is carried out via the phone number or email address of the Customer registered on the Platform. All Customers have the possibility to synchronise their contacts saved on their phone with the Platform.
Once the Customer's transfer request has been received, the position register is updated to take account of each transfer operation. Each Customer can then check that the transaction has been carried out correctly via their Account. The transfer is executed as soon as possible and within a maximum of one (1) business day from the validation of the transfer.
2.5.2. Transfer of Crypto-assets to an external wallet
A Customer may transfer the Crypto-Assets held in their Wallet to an external wallet that belongs to the Customer or to a third party.
The request for transfer of the Crypto-Assets is made at the request of the Customer via the Platform. The address of the destination external wallet is communicated to the BITSTACK Compliance Department, which will validate or reject the transfer. If necessary, additional information may be requested from the Customer in order for them to provide information relating to the external wallet of the transfer recipient. In addition, the transfer is subject to the applicable AML/CFT rules.
When the transfer is validated by BITSTACK, the amount of the Crypto-Assets that the Customer wishes to transfer is sent to the validated external wallet address. This transfer is carried out as soon as possible and within a maximum of one (1) day. These deadlines are applicable subject to any deadlines applied in the execution of transactions on the blockchain protocol on which the Crypto-Asset(s) concerned is (are) issued.
The Account is updated with the processing status of the Crypto-Asset transfer requested by the Customer. When the transfer is executed, the Account reflects the new balance of Crypto-Assets held by BITSTACK on behalf of the Customer. If the transfer is rejected, the Customer is informed by BITSTACK as soon as possible. BITSTACK will inform the Customer of the reason for the rejection or suspension of the transfer, and if applicable the measures to be implemented to remedy the rejection or suspension of the transfer and the amount of fees incurred for processing this transaction.
After executing transfers of Crypto-Assets, BITSTACK shall ensure that it provides the Customer with at least the following information:
•the names of the instructing party and the beneficiary
•the address of the distributed ledger or the account number of the instructing party's Crypto-Assets;
•the address of the distributed ledger or the account number of the beneficiary’s Crypto-Assets;
•a reference allowing the Customer to identify each transfer of Crypto-Assets;
•the amount and type of Crypto-Assets transferred or received;
•the debit value date or the credit value date of the transfer of Crypto-Assets. the amount of fees, charges or commissions related to the transfer of Crypto-Assets and, if applicable, a breakdown of the amounts of these fees.
This information is transmitted in the position statement sent to the Customer and is available on the Account at any time.
Finally, in the event of suspected or proven fraud or threats to the security of the transfer of Customers' Crypto-Assets, BITSTACK informs them by a notification sent to the Account, by email, or by notification via the Platform.
3. Browsing the Platform
The bitstack-app.com website is accessible to anyone free of charge without the need to create an account.
On this website, BITSTACK makes available to visitors all relevant information relating to the understanding, subscription, operation and use of the Services offered.
However, access to the Platform requires the creation of an Account (see Article 4 of the GTCs).
Any information, advice, description, statistics, data, including performance indicators, are provided to the Platform's Customers for information purposes only. Nothing on the Platform shall be construed as a recommendation and/ or encouragement to take any action.
4. Creating a Customer Account
4.1. Account Creation and Access
The Account holder, whether a legal entity or a natural person, expressly declares that they have the capacity and/or have obtained the required authorisations to use the Services provided by BITSTACK and guarantees it against any liability that it may incur as a result of a false statement.
They represent that they are acting on their own behalf and undertake to use the Platform and the Services in good faith, for lawful purposes and in accordance with the provisions of these GTCs.
They thus undertake not to use the Platform and Services unlawfully, fraudulently, maliciously or in bad faith, in particular, if this harms their use by other Customers.
In the context of the performance of its activities and in particular the provision of Services on Crypto-Assets to its Customers, BITSTACK is subject to the obligation to comply with the criminal and regulatory provisions relating to AML/CFT.
The Customer is aware that the opening of an Account is subject to the sending and validation of the identification documents and financial information required in accordance with the AML/CFT requirements, possibly through a BITSTACK partner. In any event, the Customer is informed that Customers of US nationality or US residents will not be able to open an Account in accordance with BITSTACK's legal and regulatory obligations.
The Customer undertakes to provide accurate and precise information. BITSTACK cannot be held responsible for the consequences of improper communication by the Customer of this information, particularly if it is incorrect.
In the absence of a response to such requests, suspicion of fraud or violation of applicable AML/CFT rules, BITSTACK may, without notice and at its sole discretion:
•place daily or monthly limits on transactions made through the Service. These limits are necessary in order to limit the potential consequences of compromised identifiers or fraud; these limits may be modified following the sending of the required identification documents;
•restrict access to the Account,
•permanently suspend access to the Services by closing the Account.
The Customer is solely responsible for the secure storage of their password. They must in no way disclose it, as it is strictly personal and confidential. Consequently, the Customer is solely responsible for the decisions taken on the Account and BITSTACK cannot be held responsible for the loss or theft of the Customer's identifiers and the consequences resulting therefrom.
4.2. Services associated with the Account
Accounts are accessible on the Platform 7 days a week and 24 hours a day, except in the event of maintenance operations or updates.
When the Customer subscribes to Services offered by BITSTACK, the Account provides access to a Personal Space making it possible, as the case may be:
•to administer the Services;
•to monitor the evolution of the price of the Crypto-Asset and the value of the Wallet;
•to have an indicative view of the operational status and statistics of the Services.
Customers are fully responsible for all the consequences related to the use of their Account and are deemed, unless proven otherwise, to be the initiators of any instruction given, as well as of any transaction carried out, and more generally of any change affecting the Account.
4.3. Account Suspension
BITSTACK reserves the right, at any time, at its sole discretion and without prior notice or compensation, to temporarily block an Account, including, but not limited to, in the following cases:
•the Customer makes the request following the loss or theft of their password or in the event of suspicion of fraudulent activities (in particular in the event of identity theft);
•the Customer contravenes any of the provisions of these GTCs, particularly their obligations regarding AML/CFT;
•in the event of interference that could cause damage or degradation to BITSTACK or third-party equipment;
•in the event of a legal or regulatory obligation, court decision, injunction or any justified administrative request to suspend the Service immediately;
•in the event of a SEPA Direct Debit rejection for lack of
funds;
•if the same Customer holds several Accounts;
•in the event of fraudulent behaviour by the Customer, including infringement of BITSTACK's intellectual property rights or misuse of the Services for purposes other than those set out in these GTCs;
•in the event of bankruptcy, restructuring, liquidation, dissolution or similar proceedings against the Customer.
During the Account blocking period, the Customer remains liable for all fees owedand will not be able to access their Crypto-Assets, if applicable.
The Customers concerned by the suspension will be notified of the measure without delay and by any means.
Suspension of the Account shall not cause any prejudice to the detriment of the Customer.
The reactivation of the Account may be subject to the transmission by the Customer of additional documents that may be requested. In this regard, BITSTACK reserves the right to apply penalties or to deduct the fees incurred to reactivate the Account.
4.4. Account Closure
Each Customer may at any time request to unsubscribe by email to the contact address accessible in the Legal Notices or via the contact tool ("chat") available from the Platform, subject to any conflicting provisions in the context of subscribing to certain Service.
The closure of the Account at the initiative of the Customer results in:
•the irreversible deletion of the Customer's data, unless otherwise provided by law, in particular with regard to accounting or tax retention;
•the obligation for the Customer to continue paying their due instalments until the end of the relevant month/year as part of a subscription;
•the sending of their Crypto-Assets to an external address (in accordance with the provisions of paragraph 2.5.2 of the GTCs) or the conversion of their Crypto-Assets into euros and the transfer of the corresponding amount to the Customer's bank account, at their convenience (in accordance with the provisions of paragraph 2.1 of the GTCs).
BITSTACK reserves the right to delete an Account in the event of a breach of these GTCs.
The closure of an Account cannot give rise to any compensation, regardless of the damage. Thus, BITSTACK cannot be held liable, in any circumstances, for the loss of data or Crypto-Assets resulting from the closure of the Customer's Account.
Unless expressly agreed by BITSTACK, a Customer whose Account has been closed by BITSTACK is not authorised to open another one. Any Account opened in breach of this provision may be immediately closed by BITSTACK without notice or compensation.
5. Pricing
The Services are invoiced:
•with regard to the free version of the Platform, in the form of fees deducted in euros from the amount of transactions carried out by BITSTACK in accordance with the Pricing Policy available at www.bitstack-app.com/documents/politique-commerciale;
•with regard to the premium version of the Platform, by subscription paid by SDD mandate (SEPA Direct Debit), through the Payment Service Provider.
The fees and the amount of the subscription may change at the sole discretion of BITSTACK. BITSTACK undertakes to inform Customers in advance in the event of a change in the rate applicable to the subscription to the Services. The Customer is then free to close their Account in accordance with the provisions of paragraph 4.4 of the GTCs.
In addition, as part of a subscription to the Services, brokerage and network fees may apply to transactions carried out, which the Customer undertakes to pay in Crypto-Assets. They are deemed to have consulted the list of fees applicable to each Service before making a transaction.
On the Platform and within the Pricing Policy, the prices of subscriptions to the Services are expressed in euros including all taxes. Blockchain transaction fees shall be borne by the Customer and shall be indicated on the periodic statements.
The price of Crypto-Assets is also expressed in euros on the Platform, in real time. In the event of an obvious error in the display of the price of the Crypto-Asset, BITSTACK cannot be held liable for the price indicated in error. The Company may:
•offer the Customer the opportunity to acquire the Crypto-Assets at the price corresponding to their actual value; or
•cancel the sale by (i) reimbursing the Customer for the price paid and (ii) refusing to transmit or withdrawing the Crypto-Assets purchased at the price displayed in error.
In the event that taxes are applicable to the sale of Crypto-Assets, these taxes will be borne by the Customer. The Customer concerned undertakes to file their tax returns and pay any tax due directly with the tax authorities.
6. Rewards
6.1. Eligibility conditions
Customers with an Account may be eligible to receive rewards through programmes set up by BITSTACK. For each of these programmes, all relevant sections of the GTCs apply, including definitions, warranties and limitations of liability.
As part of the referral programme, the referrer must have an Account validated by BITSTACK following the identity verification procedure and generate a unique referral link accessible from the Platform. The referred person must click on this link from their mobile phone, create a BITSTACK-validated account after identity verification and make a first purchase of a minimum amount of one hundred (100) euros in bitcoins on the Platform. Once this condition is met, the referrer and the referred person each receive a reward of five (5) euros, converted into bitcoins by BITSTACK, credited and kept in their Wallet. Unless there is a technical delay, the reward is paid within seven (7) days of the validation of the referred person's Account and their first purchase.
6.2. Restrictions and prohibitions
Referrers and referred persons undertake not to make any fraudulent, abusive, misappropriated or malicious use of the programme. No referrer may claim to benefit from this programme by disseminating information on the internet or on any other public network for the sole purpose of obtaining rewards.
Promoting a referral link through paid advertising based on the term “BITSTACK” or related keywords is strictly prohibited. This prohibition covers in particular the auctioning or execution of advertisements on search engines using the "Bitstack" brand or any variation thereof. The use of the "Bitstack" brand in promotional content is not allowed. Referrers who do not follow these rules will have their referral links disabled and the corresponding referrals will be made ineligible.
In the event of fraud, violation of these GTCs or termination of the referrer's Account due to fraud, BITSTACK may refuse to pay the reward and exclude the referred Customer.
6.3. Limits and reservations
BITSTACK reserves the right, at any time and at its sole discretion, to modify, suspend or cancel rewards, the use of referral links or participation in reward programmes, for all or some Customers, without prior notice.
Reward payments are not guaranteed. BITSTACK cannot guarantee the payment of each reward, due in particular to the risk of fraud, legal obligations in the fight against money laundering and the financing of terrorism (AML/CFT) or technical limitations. The Company shall, however, endeavour in good faith to make payments to the fullest extent possible.
Within the framework of the "Objectives" programme, BITSTACK may define certain objectives giving entitlement to rewards when they are achieved by the Customer, whether their identity has been verified or not. Each Objective has specific conditions and a reward, the value of which is indicated in the mobile application. BITSTACK may decide to terminate an Objective at any time, but will endeavour to inform the Customer in advance in order to allow them, if possible, to achieve it before its termination. No rewards will be awarded for an Objective not completed by the termination date.
Finally, in order to sell or transfer a reward, the Customer's Account must be validated by BITSTACK, the Customer's identity verified and a first purchase of bitcoins made.
7. Right of withdrawal
Any natural person Customer acting for purposes that do not fall within the scope of their commercial, industrial, craft, or agricultural activity, will be identified as a “consumer” within the meaning of the preliminary article of the French Consumer Code.
The right of withdrawal may not be exercised in particular in the context of the supply of digital content which is not supplied on a physical medium, and the performance of which has begun at the consumer's prior and express request, subject to their prior and express waiver of the right of withdrawal.
Consequently, by accepting these GTCs, the Customer expressly agrees to the provision of digital content without a physical medium before the withdrawal period expires and expressly declares that they waive their right of withdrawal.
In addition, the right of withdrawal may not be exercised in respect of "the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period" (Article L. 221-28, 2° of the French Consumer Code). Therefore, when the Services provided to the Customer fall within the scope of this exemption from the right of withdrawal, the Customer is expressly informed that they will not be able to exercise their right of withdrawal.
8. Customer liability
Furthermore, the Customer initiating the transaction guarantees BITSTACK:
•that they will not contravene, through the use of the Services, applicable laws and regulations or any governmental judgment, arbitration award, or restriction to which the Customer is subject, or a contract to which they are a party;
•that they are the sole legitimate holder of the Account that they are using for the execution of the transaction and that no third party has any right, title or interest in this Account;
•that they will cooperate with the Company with a view to providing it, as promptly as possible, with all information reasonably requested;
•that they are solely liable for all administrative, social and tax formalities, as well as the payment of contributions, taxes and duties of any kind for which they are liable as a result of using the Services;
•that they are the legitimate owner of any Crypto-Asset that they transfer to BITSTACK, and that none of these Crypto-Assets is encumbered by a security, lien, pledge, or claim (existing or likely to exist) or any other similar right;
•that they will indemnify BITSTACK against any and all claims, remedies, actions, requests and/or demands, including from any third party, arising out of (i) the Customer's breach of these GTCs, including any fraudulent or bad faith use of the Services or (ii) any breach by the Customer exceeding the foreseeable risk.
The Customer also agrees to indemnify, defend, and hold BITSTACK harmless from any liability, loss, damage, costs, claims, and/or expenses, including, but not limited to, reasonable legal fees, that BITSTACK may incur, suffer or be required to bear as a result of breach of the above commitments.
Unless proven otherwise, the Customer acknowledges that the computer data recorded by BITSTACK or third parties constitutes the proof of all the transactions initiated or requested by the Customer and BITSTACK through the Platform.
9. BITSTACK’s liability
BITSTACK undertakes to use all means necessary to ensure the best provision of the Services to its Customers. However, BITSTACK can only be held to an obligation of means.
The Services are provided “as is”, without any warranty whatsoever. BITSTACK disclaims all liability and obligation to indemnify any person for any loss or damage caused by a Customer or a third party.
The use of the Platform is carried out exclusively at the Customer's risk. BITSTACK endeavours to provide the Customer with access to the Platform, their Account, information, content and hypertext links that are available and verified. Nevertheless, these accesses are provided free of charge to Customers, who cannot hold BITSTACK responsible for their unavailability alone.
In the event of failure of the Services, BITSTACK shall only be liable for direct and reasonably foreseeable damage, unless otherwise provided by law or regulation. Therefore, the Company cannot be held liable for any act or omission, non-performance, partial performance or delay in the performance of its obligations in relation to the damage or loss suffered directly or indirectly by the Customer resulting from factors beyond its reasonable control.
In particular, the BITSTACK’s liability will be excluded in the event of damage related to:
•the inherent risks of the blockchain network and protocol, which may include a lack of profitability; in particular, BITSTACK cannot be held liable for the occurrence of a fork on the blockchain on which the crypto-assets are issued, which would invalidate certain past transactions, nor for price volatility or transaction fees; financial loss, any business disruption whatsoever or loss of profit;
•a bug, computer virus, accidental or intentional malfunction (cybercrime) of the software implemented, or any other technological risk;
a fraudulent intrusion by a third party, resulting in a modification or loss of the functionality, information or elements of the Platform, including theft, alteration, destruction or unauthorised access to the Services or Crypto-Assets by a malicious third party;
•a delay in delivery due to a cause over which BITSTACK has no control;
•the performance of preventive, corrective or scalable maintenance; BITSTACK does not guarantee continuous and uninterrupted access to the Services, in particular for maintenance and upgrade reasons that may be necessary in the event of a security incident. Where applicable, BITSTACK will make every effort to notify the Customer in advance of carrying out a maintenance operation whenever possible;
•any error in the display of prices by BITSTACK or a third party service, provided that it is not an intentional error by BITSTACK;
•the administrative, tax and social security procedures in force and mandatory in the Customer's country;
•partial or total failure of the Customer's hardware;
•failure by the Customer to retain or maintain the confidentiality of their Account login information;
•the use and allocation by the Customer of the sums paid in the context of using the Services and may in no case be held liable for misappropriation of funds or abuse of company assets committed by the Customer;
•fraud, the Customer's action or omission, as well as damages aggravated for these reasons;
•the communication of incomplete or incorrect information by the Customer;
•the unavailability or lack of reasonable cooperation of the Customer with the recovery efforts undertaken by BITSTACK.
In any event, BITSTACK's liability is limited for each Customer to the value (in euros) of the Crypto-Assets held by the Customer in their Account on the date of occurrence of the event giving rise to liability, unless otherwise provided by mandatory law.
10. Force Majeure
Any event, beyond the control of the Parties, which cannot be reasonably foreseen and overcome, will be considered a force majeure event. Thus, BITSTACK cannot be held responsible for delays or failures to fulfil its contractual obligations resulting from events beyond its control, such as: government action, weather disruptions, absence or suspension of electricity supply, lightning or fire, decision of a competent administrative authority, war, civil unrest, acts or omissions by other telecommunications operators, pandemic, or other events beyond BITSTACK's reasonable control.
Any circumstances of this nature occurring after the conclusion of the contract and preventing the performance of the Services under normal conditions shall be considered as grounds for exemption from all or part of the obligations of the Parties.
Consequently, the Company cannot be held liable for any interruptions resulting therefrom or for the impossibility of remedying them.
11. Termination
In the event of a change in the applicable law or regulation and the interpretation thereof by the competent regulatory authority, affecting the ability of BITSTACK or its employees to perform the Services subscribed to by the Customer, these GTC will be automatically terminated.
These GTCs will become inapplicable upon the deletion of the Customer's Account.
The termination of these GTCs may, in any event, result from the sole initiative of BITSTACK in the event of a breach of any of the provisions of these GTCs.
Either Party may terminate these GTCs for breach if the other Party materially breaches the GTCs and fails to remedy such breach within thirty (30) days of receipt of written notice. In this case, the Customer must contact BITSTACK at the following email address: hello@bitstack-app.com. Otherwise, their request cannot be considered valid by BITSTACK.
In addition, if BITSTACK ceases operations or is the subject of insolvency proceedings and the proceedings are not terminated within (90) days, BITSTACK may terminate its Services.
12. Consequences of terminating these GTCs
On the date of termination, all rights of the Customer under these GTCs will be immediately terminated and the Customer will remain liable for the service fees until the date of termination indicated by BITSTACK.
In addition, the end of the contractual relationship between BITSTACK and the Customer pursuant to these GTCs is likely to result in the following consequences, from the effective date of termination:
•the suspension of access to the Services and the closure of their Account. However, the Account may be kept open for a period of twelve (12) months to cover any subsequent disputes and claims. Transactions initiated before the effective date of termination will not be affected by the termination request and must be executed under the terms of the GTCs;
•the transfer of the crypto-assets held within the Customer's Wallet to an external Wallet, in accordance with the Customer's instructions and in accordance with the provisions of paragraph 2.5.2 of the GTCs.
13. Intellectual Property
All intellectual property rights of the Platform, excluding content generated by Customers, are the property of BITSTACK. They are made available free of charge exclusively for the use of the Service. Therefore, any use of such content without the prior permission of BITSTACK is unlawful.
BITSTACK is the producer of the Platform's database. Any unauthorised extraction, reproduction, representation or reuse is strictly prohibited and may be subject to prosecution.
14. Support
If technical assistance or commercial support is needed, the Customer may at any time create a ticket at the following address: hello@bitstack-app.com.
15. Non-waiver
The fact that BITSTACK does not require, at any given time, that the other party perform any of its obligations under these GTCs does not affect BITSTACK's right to request their performance thereafter.
The invalidity of a clause does not affect the validity and the obligation to comply with the other clauses.
16. Personal Data
The use of the Platform by the Customer results in the collection and processing of personal data by BITSTACK.
As such, the Customer is invited to read BITSTACK's Privacy Policy https://www.bitstack-app.com/privacy-policy/politique-de-confidenEnfintitalite.
In addition, in accordance with Article L. 223-1 of the French Consumer Code, Customers are informed that if they do not wish to be the subject of commercial canvassing by telephone, they can register for free on the Bloctel telephone solicitation opt-out list through the official website provided for this purpose:
https://www.bloctel.gouv.fr/accueil
17. Governing law and jurisdiction
17.1. Governing law
These GTCs must be read and applied in accordance with French law.
17.2. Amicable resolution
In the event of a dispute, the Customer is invited to try to resolve it amicably and to submit a complaint to BITSTACK's customer service by post to the address provided in the Legal Notices or by email to the following address: hello@bitstack-app.com.
For Customers who are consumers:
Furthermore, the Customer is informed that:
•With regard to activities that do not fall within the scope of the provision of a service on Crypto-Assets, after having contacted BITSTACK's customer service and in the absence of a satisfactory response within (60) days, a Customer who is a consumer may refer the matter to a "AMF Mediator" Consumer Ombudsman whose contact details are as follows:
•By electronic form on the AMF website: https://www.amf-france.org/fr/le-mediateur-de-lamf/votre-dossier-de-mediation/vous-voulez-deposer-une-demande-de-mediation
•Or by post to the following address:
The AMF Mediator
Autorité des Marchés Financiers
17 place de la bourse
75082 Paris Cedex France
The mediator's role is to attempt, with complete independence and impartiality, to bring the parties together in order to reach an amicable solution. The Customer remains free, however, to accept or reject recourse to mediation and to refer the matter to the competent courts.
They can also use the European dispute resolution platform, accessible at the following link: webgate.ec.europa.eu/odr;
•As regards activities relating to the provision of a service on Crypto-Assets, they can refer the matter to the AMF mediator accessible on the AMF website under the heading "the mediator".
For Business Customers, no action may be brought against BITSTACK without formal notice by registered letter with request for acknowledgement of receipt, previously addressed to BITSTACK and outlining the grievances against BITSTACK. BITSTACK and the Business Customer will prioritise an amicable approach to resolve any potential dispute.
17.3. Jurisdiction
If no amicable agreement is reached:
•for Business Customers, any dispute arising from these GTCs will be decided by the courts under the jurisdiction of the Paris Court of Appeal;
•for Customers who are consumers, the dispute will be settled by the competent courts under the conditions of ordinary law.
