Terms

Updated and Effective as of September 16, 2018

This is a contract between you and bitkul. This website and its related services are owned and operated by bitkul.com. By clicking the “CREATE ACCOUNT” or “SIGN UP” button, or by accessing or using the services through bitkul.com, or any associated websites, APIs, or mobile applications (collectively the “Site”), you agree that you have read, understood, and accept all of the terms and conditions contained in this Terms of Business. You should read the entire Terms of Use carefully before you use this Site.

Bitkul in the Terms refers to the owner, also known as bitkul.com, including but not limited to its shareholders, board of directors, investors, employees or affiliates. Bitkul can also mean the services, websites, contents and other information provided by bitkul.com.

Depending on Your country of residence, you may not be able to use all the functions of the Site. It is your responsibility to follow those rules and laws in Your country of residence and/or country from which You access this Site and Services. As long as you agree to and actually comply with these Terms of Use, bitkul grants to you a personal, non-exclusive, non-transferable, non-sublicensable and limited right to enter and use the Site and the Service.

Bitkul reserves the right to alter, amend or modify these Terms from time to time, in our sole discretion. We will provide you with notice of such changes by providing notice on the Site and/or by posting the amended Terms via our Site and updating the “Last Updated” date at the top of these Terms. The amended Terms will be deemed effective immediately upon posting on the Site.

If you disagree with these Terms, bitkul’s right to modification, or if the Terms is partially or completely excluded by the applicable laws in your jurisdiction, please DO NOT ACCESS THE SITE OR USE THE SERVICES.

These Terms of Use shall be governed by and construed in accordance with the laws of the of the Hong Kong SAR, unless otherwise expressly provided. All disputes and controversies arising out of or in connection with this website and these Terms of Use shall be submitted to the Court of Law in the Hong Kong SAR. If any portion of these Terms of Use shall be deemed invalid, void or for any reason unenforceable, such portion shall be deemed severable and shall not affect the validity and enforceability of any remaining portion.

Description of Services

Cyptocurrency Prediction platform

Bitkul is a prediction platform service that enables its users to predict digital currency. The Site allows users to predict the Internet currency known as “Bitcoins” (see http://bitcoin.org) or other virtual digital currency, and the services provided by the Site from time to time (the “Service”).

Bitkul also offers hosted digital wallet services. Our registered users are able to deposit digital currency via payment methods of their choice.

Bitkul is not a market maker. Users must register and open an account with bitkul and deposit digital assets prior to commencement of predicting. Users may request the withdrawal of their digital assets.

Eligibility

By registering for an account or accessing the service of the Site (the “Service”), you represent and warrant that:

  1. You are an individual, legal person or other organization with full legal capacity (‘You”) to enter into this User Agreement between You and Bitkul;
  2. You are at least 18 years old or of the legal age in accordance to your relevant jurisdiction;
  3. You have the full capacity to accept these Terms and enter into a transaction involving Bitcoins and/or other virtual digital currency;
  4. You cannot use your personal account to act as an intermediary or broker for any person;
  5. If you are using the Services on behalf of a legal entity, You further represent and warrant that:
    • (1) The legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and
    • (2) You are duly authorized by such legal entity to act on its behalf.
  6. You use our Services at your sole option, discretion and risk;
  7. Your account has not previously been suspended or removed from using our Services;
  8. You will operate only the virtual digital currency that belongs to You;
  9. You are acting on your own behalf, or are legally authorized to carry out the transactions;
  10. All of the information You submit to the Site is accurate, current and complete, and will be updated upon request from bitkul;
  11. You allow us to use your information to facilitate the operation of this Site;
  12. You agree that You will not use the Service to perform criminal activity of any sort, including but not limited to, money laundering,fraud, blackmail, funding terrorism, terrorist financing, or malicious hacking, and You will not engage in misconduct that may cause damage to bitkul’s reputation. We will report all criminal activities to the law enforcement agencies;
  13. You agree to pay the fees for services completed via the Site as defined under bitkul’s published fee structure, which bitkul may change from time to time;
  14. There are risks, associated with Internet-based system, such as the failure of hardware, software, and Internet connections and with the Blockchain Protocol, such as any malfunction, unintended function, unexpected functioning of or attack on the Blockchain protocol;
  15. You are responsible for maintaining adequate security and control of all codes or credentials that You use to access the services including but not limited to and or all usernames, passwords.
  16. You further guarantee that You will not:
    • (1) Use our Services or will immediately cease using those if any applicable law in your country prohibits or will prohibit You at any time from doing so;
    • (2) Use our Services to participate in fraudulent, scam or any type of illegal activity;
    • (3) Provide false, inaccurate, fraudulent or misleading information;
    • (4) Attempt to modify, decompile, reverse-engineer or disassemble our software in any way;
    • (5) Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
    • (6) Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
    • (7) Develop any third-party applications that interact with our Services without our prior written consent;
    • (8) Encourage or induce any third party to engage in any of the activities prohibited under this Section.
  17. You shall take full responsibilities and liabilities for your behaviors’ at all times when using bitkul services and bitkul reserves the rights to claim damages against you.

Identity Verification

With the aim to ensure bitkul remains a safe and reliable platform for all of our users we may require you to verify your identity to access part of the services we offer. Identity verification may be required when you pass certain trade volume limits, fraud investigations, and to ensure account ownership. As part of our ID verification process we require you to provide us with your full name as well as documents and photographs that verify your identity.

In certain situations, we may require enhanced identity verification. This may include facial recognition, or requirements to verify details or sources of funds regarding payments you have made or received during trades on bitkul as well as digital currency transactions that you’ve sent or received from your bitkul account.

ID verified accounts have a clear owner which makes it easy to return access to you if you lose all access to your account. It is very hard or impossible to return access to accounts that are unverified, even if you know your username, as it is difficult to identify the original account owner.

When it is necessary, we may further request you provide such information for our partners, banks in cooperative relationships, or establish an account in such banks to comply with our Know Your Customer (KYC) and anti-money laundering policy.

If any holder of account on the Site (“User”) violates any provision in the Terms, his or her account, and the Service on the Site is likely to be frozen, cancelled or terminated, and the User will be held liable for damages to bitkul or losses incurred to other Users.

Account Management

The Site provides an online platform to predict for virtual digital currency movements. Bitkul is not a party to the virtual digital currency information provider, and bitkul bears no legal liability for these infomation. Users shall take full responsibility arising from their information regarding the publication of their prediction. Bitkul is not involved in any users’ prediction and does not guarantee or otherwise acquiesce to guarantee any performance of such prediction. However, if bitkul receives complaints or obtains any knowledge regarding any users being involved in fraud, disputes or illegal misconduct, bitkul has the right to adopt necessary measures to protect its rights as well as rights of other users. Bitkul can freeze the accounts involved in suspicious activities, screen out users and information or content provided by users. Bitkul reserves the right to remove any content or information provided to the Site and does not ensure users will be able to complete predictions.

Bitkul is highly concerned about the security of the Site and our Service. By registering on bitkul website.You acknowledge you will not allow any others access into your account on the Site at any time.

In the event you establish or access to a bitkul account without using the interface provided by bitkul, your account, Service, and prediction will be immediately suspended. Any intent to or assistance in carrying out misconduct by using an account, whether by using instruction manuals, software or tools will also result in termination of such account. Apart from terminating such account, bitkul may also take further actions to counter such violation.

You are also responsible for the maintenance of the security of your account information, including your password and prediction record. You shall ensure the safety and confidentiality of your login credential, and prevent any unauthorized access to your account. If bitkul learns of any suspicious activity in your account, we may exercise the right to freeze your account, and request additional information from you, including verification documents, for our further procedures. You are obligated to comply with such safety requests and agree for us to freeze your account. If you learn of any unauthorized use of your account or password, or violation of confidentiality agreement, please inform bitkul immediately via email contact@bitkul.com. Any user who violates such rules is subject to termination of the account, and bears the damages and legal liability to bitkul and/or any other affected users of the Site.

You agree and acknowledge you will not carry out any forms of criminal conduct by using the Service, including but not limited to money laundering, financing terrorism or malicious hacking activity.

Limitation, Suspension, and Termination of Your User Account

You can terminate the agreement with bitkul, and complete any unfinished predictions any time you wish.

You also agree bitkul has the right to, limit, suspend, or terminate your account or access to the services that we provide to you promptly following the occurrence of any matter set forth below,

  1. Trying or assisting others to access other users’
  2. account on the Site without authorization;

Having registered two or more than two accounts simultaneously, or providing account for third party’s use with or without compensation;

  1. Making changes, deleting or demolishing data, content and equipment on the Site or causing adverse effect on the Site’s business operation by using robot account or other method;
  2. Modifying, deleting or collecting others’ personal information without authorization by taking advantage of any existing defect of the Site, sabotaging or trespassing the security system;
  3. Carrying out unlawful misconduct, including money laundering, financing terrorism or other criminal activity;
  4. Violation of the terms and conditions of use;
  5. Defaulting on payment or conducting fraudulent transaction;
  6. Difficulties in operation;
  7. Make available content that is obscene, pornographic, racist, abusive, harassing, and threatening or is offensive, or behave in a way that libels, defames, stalks or invades privacy of other persons.

In the event when bitkul takes legal action at the request of any governmental authority or pursuant to the law, the matter shall be determined at bitkul’s sole discretion.

You further agree that bitkul can terminate or suspend access to your account and the Site any time upon its sole discretion. If bitkul reckons that any user may cause any legal liability, or any member’s conduct does not conform to the purpose of the Site (bitkul has sole discretion on this matter) it can exclude such user from the site by taking legal or technical measures. bitkul shall not be held liable for unilaterally suspending user’s account or restricting user’s access to the Site to any user or third party. Such suspension or restriction shall not affect the accounts payable accrued in past prediction or settlement of existing prediction. While your account is terminated or suspended, bitkul has the right to cancel or suspend ongoing predictions in such account, and bitkul shall not be held liable for any loss or damages arising from such cancellation or suspension.

Frozen Account

Bitkul may freeze, cancel or terminate any prediciton or your account on the Site if any suspicious activity is detected in your account, or under the following circumstances:

  1. Upon request of the government authorities in accordance to the law;
  2. Upon suspicion of fraudulent activities or law violations;
  3. When a mistake is found in the fund of the users’ account or at the request of the money transfer service supplier;
  4. Notification from one of the other users about predictions;
  5. Your violation of the Terms;
  6. Your use or misuse of the Site or the Service;

Bitkul may request additional information from you (including verification documents); it is your obligation to satisfy the foregoing security requirements, or accept the suspension or termination imposed by the Site. In the event of any unauthorized use of the account or password on the Site, please inform bitkul by emailing contact@bitkul.com.

Limited Right of Use

Bitkul grants you a limited, nonexclusive, non-transferable license to access and use the Site; however, bitkul reserves the right to transfer all its rights, interests or obligations under these Terms to any person and these Terms shall continue to be in force and effect for the benefit of the successors and assigns of bitkul.

You may access and use the Site solely for the intended functions of the Service and other approved purposes as expressly permitted by bitkul. Any other use of the Site is expressly prohibited. When using the Site, you agree not to:

  1. Attack the Site or decompile, reverse engineer, disassemble or decrypt the Site, or attempt to derive the source code of the Site;
  2. Upload any material or the Site that contains computer viruses, Trojan horses or worms;
  3. Make any modification, adaptation, improvement, enhancement, translation, or derivative work to or from the Site;
  4. Use or attempt to use a web crawler on the Site;
  5. Violate any applicable laws, rules or regulations;
  6. Remove, alter, or obscure any proprietary notice of bitkul, its suppliers, partners, or licensors;
  7. Cause a disproportionately large traffic on our infrastructure;
  8. Use the Site for any other purpose for which it is not designed or intended;
  9. Make the Site available over a network, or otherwise permitting access to or use thereof by multiple users at the same time;
  10. Gain or attempt to gain, unauthorized access to the Site, accounts of other users or any other component of the Service;
  11. Use the Site to send automated queries or commercial advertisements;
  12. Make any unauthorized use of proprietary information or intellectual property of bitkul.

Intellectual Property Rights

Your log into bitkul or use of any of the services offered by bitkul shall not be deemed as bitkul’s authorization to transfer of any intellectual property to you.

You acknowledge and agree that software, program and content used or displayed on the Site, including but not limited to publication, image, file, information, data, structure of the Site, website layout, and website design are exclusively owned by bitkul or others which are protected by intellectual property and applicable laws including but not limited to trademark, patent, copyright, and trade secret.

No one can use, modify, reproduce, broadcast, publicly display and distribute, publish, disassemble and decode, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part without proper authorization.

If you wish to use the aforesaid software, program or website content, you are required to obtain prior written notice from the Site or others. You will be held liable for damages to bitkul (including but not limited to attorney’s fee) in the event you violate such stipulation.

When a user uploads content to our Site (including but not limited to copyright, trademark or other contents), he or she gives a free license to bitkul to use such content for the purpose of operating our Site and providing Service. Users shall guarantee all contents posted or uploaded to the Site do not infringe any third party’s copyright, trademark and other rights or interest. If such infringement takes place, the User shall be responsible for all civil and criminal liability, and bitkul shall be held harmless and fully indemnified; if any loss occurs to bitkul, the user shall also liable for damages to bitkul (including but not limited to attorneys’ fee). If any third party informs bitkul of the foregoing right infringement, bitkul may remove the content in dispute.

Non-investment Advice and Risk

Bitkul may provide the prices, volatility, relevant news or other information about bitcoin or virtual digital currency. However, this should not be construed as investment advice but merely as an act of sharing information. You agree to not interpret the aforementioned data as investment advice.

The prediction of virtual currencies involves significant risk. Prices can and do fluctuate on any time. Due to such price fluctuations, you may increase or lose value in your assets at any given moment. Any currency – virtual or not – may be subject to large swings in value and may even become worthless. There is an inherent risk that losses will occur as a result of buying, selling or trading anything on a market.

Bitcoin trading also has special risks not generally shared with official currencies or goods or commodities in a market. Unlike most currencies, which are backed by governments or other legal entities, or by commodities such as gold or silver, Bitcoin and virtual digital currency is a unique kind of “fiat” currency, backed by technology and trust. There is no central bank that can take corrective measure to protect the value of Bitcoins and virtual digital currency in a crisis or issue more currency.

Instead, Bitcoin and virtual digital currency is an as-yet autonomous and largely unregulated worldwide system of currency firms and individuals. Traders put their trust in a digital, decentralized and partially anonymous system that relies on peer-to-peer networking and cryptography to maintain its integrity.

Bitcoin and virtual digital currency prediction is probably susceptible to irrational (or rational) bubbles or loss of confidence, which could collapse demand relative to supply. For example, confidence might collapse in Bitcoin because of unexpected changes imposed by the software developers or others, a government crackdown, the creation of superior competing alternative currencies, or a deflationary or inflationary spiral. Confidence might also collapse because of technical problems: if the anonymity of the system is compromised, if money is lost or stolen, or if hackers or governments are able to prevent any transactions from settling.

There may be additional risks that we have not foreseen or identified in our Terms of Business.

You should carefully assess whether your financial situation and tolerance for risk is suitable for predicting Bitcoins or any other virtual digital currency.

Disclaimer

We provide our Service in current condition for your use, and bitkul reserves the right to partially or completely modify the contents of the service at any time. Bitkul does not expressly, imply or legally warrant, assert or state any guarantee regarding, including but not limited to, quality, performance, non- infringement, merchantability, fitness for a particular purpose, or any guarantee deriving from the course of transaction, practices or industrial guides. Subject to the foregoing, to the fullest extent of applicable law, Bitkul does not guarantee that the Site, the Service and the content within the Service are accessible, non-interruptible, promptly provided, safe and reliable, correct, and complete. It also does not guarantee that any defects (if any) will be corrected, or the Site and the server is clear of any virus, bug, program lock, deadly device, Trojan Horse, routing, trap door, time bomb or any other malicious code, directive, program or component.

You shall have responsibility to ascertain whether the information you upload or publish is correct, and adopt pre-cautionary measures including backing-up the archive. Bitkul is not responsible for any damages resulting from your use or inability to use the Site or the Service, and bears no obligation of notification. In the event any mistake occurs while handling your prediction, bitkul has the right to correct, remove, withdraw or delete the affected prediction, and bitkul will not be held liable for any damages caused to you.

You understand bitkul does not conduct prior review for content on the Site and has no comprehensive control over user’s activities on the Site; thus, you agree to use your own judgment and bear all risk regarding any content on the Site, including the correctness, completeness and practicality of such content. However, bitkul has the discretion to remove any content violating the Terms or any content that causes displeasure in others. You acknowledge and agree that bitkul has the right, to the extent reasonable and necessary, to preserve the content on the Site and disclose to the government authority, judicial police, custodian of minors and relevant users, for the following purposes:

  1. At the request of applicable law or government authority;
  2. Necessary to provide the Service on the Site;
  3. Necessary to prevent others’ rights from substantial impairment;
  4. To prevent users’ and the public’s life, body, freedom and rights from imminent danger;
  5. To determine liability in a transaction dispute, bitkul is permitted to provide relevant transaction information;
  6. Other circumstances bitkul deems necessary.

Bitkul has the right to temporarily or permanently modify or terminate the Service on the Site (partially or completely) and shall not be held liable to you or any third party. You acknowledge that, within the fullest extent provided by applicable law, you shall personally bear the risk related to using the Site, the Service, or its efficacy.

Bitkul has no control and in the fullest extent of applicable law, does not guarantee the matters set forth:

  1. The purpose, existence, quality, safety or legality of virtual digital currency provided through the Site.

You agree to bear the risk of dispute arising from using bitkul, and hold bitkul, and other relating parties harmless and indemnified regarding other claims, request or damages concerning such disputes.

Bitkul does not own or control any of the underlying software through which virtual digital currency are created and transacted, such as blockchain technology. Bitkul does not make any guarantee of the functionality, security or availability of such software or technology.

Although bitkul uses commercially reasonable methods to provide exchange rate information to you through the Service, such information may differ from prevailing exchange rates made available by third parties. Moreover, the actual market rate at the time of your prediction may be different from the indicated prevailing rate. Bitkul hereby disclaims all responsibility for any loss or damage arising from or relating to price fluctuations, latencies or differences in actual versus indicated prevailing rates.

Third-Party Content and Services

This website may provide content of a third party or links to other external links, which may link to websites operated or marketed by other businesses. However, this does not imply that bitkul is associated with such businesses. Bitkul does not control and endorse or guarantee the accuracy and intactness of the contents of a third party and its websites. Bitkul is not responsible for the contents, privacy policies and practices of third-party websites. You shall bear any direct or indirect damages or losses arising out of your reliance on any content, product or services of such website or source, and bitkul is not liable for such losses. Bitkul has no obligation to ensure that the links lead to completely risk-free websites. Sites other than this website may involve legal or other actual risks and you should take precautions to ensure that the website you opt to use is free of viruses, malicious programs, or other similar programs.

Safety Guarantee

You shall be mindful of not disclosing or allowing others to access or use your account number and/or password. You shall also ensure that regardless of whether intentional or incidental, you do not disclose, provide your username and/or password to another person or cause such person to such use, and that you keep your account and password confidential. Please do not employ information that is easily distinguished, e.g., your birthday, telephone number, or other identifiable letters of your name as your account or password. It is your responsibility to notify bitkul immediately if you deem your account and/or password is disclosed to others, lost or stolen.

Taxation and Indemnification

Users acknowledge and agree that all tax liabilities associated with the sale of virtual digital currencies shall be borne by users in accordance with relevant laws, and bitkul does not provide any legal or taxation advice. In addition, given that tax laws and regulations may be updated at any time, members shall immediately seek professional advice should he or she encounter any doubt. All tax related issues that you come across during transactions with bitkul are dealt in accordance with relevant laws such as Tax Law of the Hong Kong SAR. At the request of the tax authorities, this website shall provide the information of this website’s users or withhold taxes of same.

You shall be responsible for any litigation, incurred liability for compensation, litigation costs, requests for compensation and any direct or indirect loss of bitkul resulting from your breaching of these Terms. You shall compensate all loss (attorneys’ fees included) suffered by bitkul and its shareholders, employees, agents, affiliates and co-manufacturers.

You agree to indemnify and hold harmless bitkul, its affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of your breach or our enforcement of this Agreement. This shall also apply to your violation of any applicable law, regulation, or rights of any third party during your use of the bitkul Service.

Complaints and Resolution

Users may utilize the complaint function to complain to bitkul of any disputes while using bitkul’s services. Depending on the result of bitkul’s investigation into the complaint, bitkul may, in its sole discretion, decided to cancel a prediction, release virtual digital currency, freeze users’ account, lock users’ virtual digital currency, remove funds, ban users, ban the redemption of virtual digital currency, or any other measures bitkul deems necessary. Bitkul shall have final say in the resolution of the complaint, and the users shall have no objection.

Where we fail to provide the Services or delay in providing such Services due to information network equipment maintenance, information network connectivity failures, errors in computer, communications or other systems, power failures, weather conditions, unexpected accidents, industrial actions, labor disputes, revolts, uprisings, riots, lack of productivity or production materials, fires, floods, storms, explosions, wars, failure on the part of banks or other partners, collapse of the digital asset market, actions by government, judicial or administrative authorities, other acts that are not within our control or beyond our inability to control, or due to causes on the part of third parties, we shall not assume any responsibility for such failure to provide service or delay in providing services, or for the resultant loss you may sustain as a result of such failure or delay.

Severability

If any provision of these Terms is deemed unlawful, void or unenforceable, then that provision shall be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

Entire agreement

These Terms and any policies or operating rules posted by bitkul constitute the entire agreement and understanding between you and bitkul, and supersede any prior agreements, communications and proposals, in any form, between you and bitkul (including but not limited to any prior version of these Terms).

If you have any question or comment on these Terms, or if you are aware of any violation of these Terms by bitkul’s affiliates, please contact bitkul at: contact@bitkul.com