Terms & Conditions
We collect all applicable fees through our third-party provider Striga Technology OÜ. We guarantee that we instruct Striga Technology OÜ to debit the fees payable by you from your account in accordance with the pricing applicable to you. We assume sole liability for compensating charged fees to which you have not consented.
*On-chain transaction fees (mining fee and/or gas cost) for Virtual Asset Withdrawals will be collected from your withdrawal amount.
3.2 Changes to the Prices
Changes to the prices, fees and service specifications require your consent which can be granted via the Bitwala App.
Some services are offered under a separate contract between a Bitwala customer and a partner. If changes to that separate contract become effective, this can also lead to price changes for those particular services. In case of changes which apply to all customers, Bitwala will use reasonable efforts to update its schedule of prices accordingly.
§ 4 - Crypto Vaults (Self-Custodial Cryptocurrency Wallets)
4.1 Crypto Vaults
Bitwala offers the customer the possibility of opening and administering a self-custodial wallet for cryptocurrency, the so-called Crypto Vaults. The Crypto Vaults include Bitcoin Vaults (see § 3.2) and Ethereum Vaults (see § 3.3). The Crypto Vaults allow you to store, receive, and send cryptocurrencies via the Bitwala App in cooperation with its partner.
With self-custodial wallets, the customer themselves is holding their private keys. The operator only provides the infrastructure, i.e. a blockchain address. This means that (with current technology) no one else can access a self-custodial wallet without knowing the customer’s private keys.
The Crypto Vaults are offered free of charge. However, customers should note that network fees (respective gas fees) are charged for cryptocurrency transactions by the applicable cryptocurrency network.
4.2 Bitcoin Vaults Provided by BitGo
By using the Bitcoin Vault, the customer enters into a separate agreement on managing the private keys for the customer's Bitcoin with BitGo, Inc ("BitGo"). With BitGo, cryptocurrencies are stored and can be sent and received in a self-custodial Bitcoin wallet (the "Bitcoin Vault"). The legal relationship between the customer and BitGo will be exclusively governed by the contractual terms of BitGo, in particular BitGo's general terms and conditions, as amended from time to time.
The private key for Bitcoin Vaults is solely notified to the customer via a main key and a backup key which only the customer knows. The private key is encrypted with a user-defined wallet password.
According to BitGo, the private keys for Bitcoin Vaults enable customers to obtain their cryptocurrencies without BitGo’s support. The consequence of the customer’s sole ownership of the private key is that a loss of the private key makes it impossible for anyone (including Bitwala or BitGo) to access or restore the bitcoin held within your Bitcoin Vault.
4.3 Ethereum Vaults
Bitwala also offers a service to open self-custodial Ethereum wallets (“Ethereum Vaults”). With an Ethereum Vault, you receive a blockchain address with a public key and a private key to store, send, and receive your ether.
The private key for Ethereum Vaults is notified to the customer through a so-called seed phrase, which only the customer knows.
4.4 Notices for Crypto Vaults
Customers should note that blockchain transactions cannot be amended, reversed, or withdrawn. Customers are hereby advised that they are solely responsible for checking before sending any cryptocurrencies or tokens, (i) that the correct recipient address has been inserted; and (ii) that the recipient address (wallet) supports the particular cryptocurrency or token. Sending cryptocurrencies or tokens to the wrong address or into a cryptocurrency wallet which does not support the particular cryptocurrency or tokens can lead to the total loss of the relevant cryptocurrency or tokens.
The customer accepts that Bitwala does not assume any responsibility or liability for cryptocurrency or tokens which are sent to the wrong address or an address which does not support the relevant tokens.
Bitwala explicitly draws the customers' attention to the fact that neither Bitwala nor any other party knows or will be able to restore (i) the seed phrase and, therefore, the private keys of a customer's Ethereum Vault and/or (ii) the main key, the backup key or the wallet password of a Bitcoin Vault. Customers may be required to reinsert their seed phrase or main key, backup key and or the wallet password from time to time to reaccess their crypto, e.g. in situations where they switch their device, reinstall the Bitwala App or restore their device to factory settings. A customer, who loses their seed phrase, main key, backup key or the wallet password, therefore may no longer be able to access their Vault and, as a result, the cryptocurrencies stored in that Vault. Therefore, a loss of private keys would have the same effect as losing the relevant cryptocurrencies.
§ 5 - Cryptocurrency Risk Notices; No Investment Brokerage or Investment Advice
5.1 Cryptocurrencies and Risks Associated with Them
Cryptocurrencies are electronic forms of money which are generated via a decentralised peer-to-peer network on the internet and encrypted based on digital signatures. The development is based on the white paper of Satoshi Nakamoto.
In most parts of the world, cryptocurrencies are not legal tender recognised and backed as an official means of payment by any government agency (money). Ownership of cryptocurrencies does not establish or prove any claim against any issuer, including any issuer within the meaning of section 1 (2) of the German Payment Services Supervision Act (Gesetz über die Beaufsichtigung von Zahlungsdiensten; ZAG).
The current value of a cryptocurrency will be determined by the respective number of the cryptocurrency on offer and in demand on the market. More specifically, the value of a cryptocurrency may depend on whether and, if so, how many suppliers of goods and services accept the respective cryptocurrency as a means of payment. As a result, the value of a cryptocurrency, like the value of securities, derivatives or other financial instruments traded on financial markets, is subject to price fluctuations. Cryptocurrency investments are highly speculative and associated with risks of loss even including total loss.
Unlike money or e-money, which are backed by state-owned central banks or private issuers, respectively, acceptance of cryptocurrencies as a means of payment is not guaranteed in any way. Hence, neither Bitwala nor any of its partners is an issuer, backer, or creator of cryptocurrencies. Bitwala and its partners have no responsibility for cryptocurrencies in any other way.
Bitwala only offers technical services (infrastructure to open self-hosted Crypto Vaults). The services of Bitwala do not form regulated financial services.
The customer acknowledges the above-mentioned risks (including also the risks outlined in paragraphs 3.1 and 3.4) and agrees that the use of cryptocurrency-related services as well as any other use of the Bitwala App is at the customer's own responsibility and risk.
5.2 No Investment Brokerage or Investment Advice
The customer acknowledges and agrees that Bitwala does not provide any investment advice or investment brokerage and does not offer the sale or purchase of cryptocurrencies. Information provided by Bitwala on Bitwala App or in any other way is not intended to provide a personal recommendation to any customer relating to transactions based on an assessment of the customer's personal circumstances or presented as suitable for that customer.
Any information is given as legally non-binding and general information. Where Bitwala provides the customer with information, e.g., regarding crypto markets, such information does not constitute any form of investment advice but is only intended to provide general crypto knowledge.
§ 6 - Customer's Duties of Cooperation and Diligence
6.1 Change of Personal Data
We require that customers keep their personal data up to date. Customers are required to notify Bitwala without delay of any changes of their personal data. Bitwala will inform its partners where required.
6.2 Individual Use of Your User Account
Bitwala user accounts are individual accounts. Only the customer who has registered with Bitwala may use their Bitwala user account and associated services in their own name.
Customers must not use their Bitwala user account together with any other persons or grant other persons access to or control over their Bitwala Vault. Bitwala employees will never ask customers for their password or other means of access to their user account or Vaults.
Requests for sharing account credentials or requests to install software which grants control over Bitwala Vaults (which may include screen sharing) are strong indicators for attempted fraud. Customers must notify Bitwala immediately if they receive a corresponding request.
Due to the anonymous and irreversible nature of blockchain transactions, granting control over Bitwala Vaults to third parties may lead to an irrevocable loss of any cryptocurrencies standing to the credit of the relevant Bitwala Vaults.
6.3 Password Protection and 2FA
Customers shall choose their personal and individual combination of username and password so that it cannot be easily retrieved by unauthorised parties. Bitwala recommends its customers to increase the security of their user accounts by adding a 2FA (two-factor authentication) feature. Customers can increase protection using their mobile phones by generating a one-time password with the aid of special apps like Google Authenticator.
It is the customers' responsibility to keep their individual combination of username and password in safe custody. Customers must take all possible care and all appropriate precautions to ensure that the individual combination of username and password is not retrieved by any unauthorised party. Customers must not keep, store, or record their individual combination of username and password by electronic or other means together, also not together with other documents relating to Bitwala.
Customers who have logged in to the Bitwala App using their username and password shall not leave the device, from which they are logged in, unattended. Customers having installed the Bitwala App on their mobile phone shall have to protect their phone at least with a code which is not shared with any third party and shall not make their phone available to third parties.
We aim to support the security of your password by implementing the following measures:
Password Strength Validation: We use a password strength validator to ensure that the password meets certain criteria. This includes checking for a minimum length, the presence of uppercase and lowercase letters, numbers, and special characters.
Password Hashing: We hash passwords before storing them in the database. This ensures that even if the database is compromised, the actual passwords are not exposed.
Password Duplication Check: We check if the new password is the same as the old one when a user is changing their password. If it is, an error is thrown.
Password Reset Token Verification: We verify the password reset token when a user is resetting their password. This ensures that only the user who requested the password reset can actually change the password.
Biometric Authentication: For mobile users, we provide an option to confirm transactions using biometric authentication. This adds an extra layer of security.
Password Change Notification: We notify users when their password has been changed. This allows users to know if their password has been changed without their knowledge.
6.4 Unauthorised Access
A customer who discovers that their individual combination of username and password has been retrieved by an unauthorised party or that their user account with Bitwala has been used in an unauthorised manner shall inform Bitwala immediately and, if possible, change their individual combination of username and password without delay. If such change is not possible, Bitwala will immediately upon receipt and acknowledgement of the customer's corresponding notification block any access to their Bitwala user account until further notice.
6.5 Communication by Bitwala
Customers have to check the messages and communication (see also paragraph 2.5) received via their Bitwala App or by email on a regular basis.
6.6 Customer’s Responsibility and Liability
In case of any non-compliance with the foregoing rules of conduct or a culpable violation or breach of these Terms and Conditions, the customer themselves will be responsible and liable for all damages and losses associated with such non-compliance or violation and will indemnify Bitwala against any damages and losses resulting from such non-compliance.
6.7 Bitwala’s Right to Block User Accounts
Bitwala shall be authorised to block a customer's user account at any time when it discovers an unauthorised use or suspicious activity with respect to the user account. In such a case, Bitwala will inform the customer of the steps required to unblock the user account (if possible). This may include e.g. evidence of their lawful ownership of the account or information on the origin of cryptocurrencies
6.8 No Use of Bitwala Contents without Permission
Customers may use any contents published by Bitwala subject to Bitwala 's written permission only.
§ 7- Liability of Bitwala
7.1 No Guarantee or Warranty for Availability
Bitwala uses reasonable efforts to ensure a continuous access to the Bitwala App, but cannot guarantee, warrant or ensure permanent availability. Limited or non-availability may apply in cases of attacks to the network infrastructure, e.g. by so-called DDoS attacks, that may occur with varying degrees of seriousness, but also due to scheduled maintenance by Bitwala’s or its partners’ systems.
Nevertheless, Bitwala aims to support its availability by, inter alia, the following measures:
We are trying to follow best practices, and constantly try to improve the tooling used;
We are using best-in-class cloud service providers for collecting and storing metrics and logs;
We are using tools to notify us about potential vulnerabilities in the modules we are using;
We are managing our infrastructure with IaC tools, including security checks;
We are segregating our services from the outside world, no server/database/etc is directly accessible from the internet;
Maintenance is either conducted using IaC tools, or automatically using cloud service provider services;
We are aiming to build immutable services, where any maintenance/upgrade/etc. means replacing the currently running service with an updated version (or rolling back in case of failure);
We were constantly monitoring and communicate downtime;
We are aiming for an availability of 99.9% and are trying to avoid any maintenance-related downtimes.
7.2 Limitation of Liability
Bitwala does not assume any responsibility for the contents provided on Bitwala App being complete, accurate or up to date. Using any content is at the customer’s own risk.
Bitwala does not accept liability for damages arising to a customer as a result of using the services provided or contents published by Bitwala.
This disclaimer shall not apply however in cases of intentional or grossly negligent behaviour on the part of Bitwala or any of its vicarious agents.
In addition, this disclaimer does not apply to any damage arising from injury to life, body, or health resulting from a breach of duty by Bitwala or any of its vicarious agents.
Furthermore, the above disclaimer does not affect Bitwala's liability for the culpable breach of any obligations, the proper fulfilment of which is essential for the proper performance of the contract and on the fulfilment of which the customer may reasonably rely. In such a case, Bitwala’s liability is, however, limited to the typically foreseeable damages.
7.3 Liability for Third Parties
Where services are provided on the basis of a direct contractual relationship between the customer and a third party, Bitwala is not responsible vis-à-vis the customer for the performance of such a third party, irrespective of whether the costs for the services by such third party are borne by the customer directly or whether Bitwala bears the relevant costs for the customer. As a consequence, any rights and remedies of the customer are limited to the rights and remedies they have against the relevant third party in accordance with the relevant contract. Bitwala will, however, use reasonable efforts to support the customer in pursuing their claims.
§ 8 - Amendments to the Services and these Terms and Conditions
8.1 Bitwala’s Right to Amend
Bitwala reserves the right to alter or discontinue any of the services provided by it or to add other services from time to time. In addition, Bitwala may amend these Terms and Conditions from time to time.
8.2 Amendments Based on Deemed Acceptance
When Bitwala decides to amend or supplement these Terms and Conditions without the customers’ explicit consent, the customers will be notified by no later than two months prior to the proposed effective date on the Bitwala App and/or via email.
Amendments will be made available in a form that allows customers to save and print them in a readable format. Any amendments notified to the customer in accordance with this paragraph 8.2 will be deemed accepted, unless the customer objects within the time period specified in the next sub-paragraph below in text form. In its notification Bitwala will specifically inform the customer that consent will be deemed given in the absence of objection.
Customers who do not wish to accept an amendment proposed to them will have to notify their objection in text form to Bitwala within 6 weeks after the amendment has been proposed to them by email. In the absence of objection within the aforementioned time period, the amendments will be deemed accepted by the customer.
8.3 Amendments Based on Explicit Consent
Amendments to these Terms and Conditions which impose (additional) payment obligations or have otherwise negative legal or commercial consequences to the customers will be made subject to the customers’ explicit consent. If a customer does not consent to a proposed amendment, Bitwala reserves the right (i) to stop providing all or parts of its services to such customer and/or (ii) to terminate the contract with such customer, if the customer has been advised on such consequences together with the proposed change.
§ 9 - Termination of the Contract and Consequences
9.1 Termination by the Customer
The customer may terminate the entire business relationship at any time without observing a notice period. Notice of termination may be given to Bitwala over the Bitwala App or in text form.
Bitwala will also act as a messenger for communicating the customer's notice of termination to Bitwala’s partners such as Striga and Bitgo.
Any statutory termination rights (i.e. termination for good cause) shall remain unaffected.
9.2 Termination by Bitwala
Bitwala may terminate its business relationship with the customer at any time by way of an ordinary termination giving no less than two months' prior notice.
Bitwala may terminate its business relationship with the customer without observing a notice period if there is an important reason for which Bitwala cannot be reasonably expected to continue the business relationship even in consideration of the customer's legitimate interests. Repeated violations of these Terms and Conditions or suspected violations of law shall be deemed to constitute such an important reason.
A serious one-time violation of the Terms and Conditions or a reasonably suspected violation of applicable law, including e.g. deception or attempted deception of Bitwala by a customer and/or deliberately providing false information or reasonable suspicion of fraud may constitute an important reason for the purposes hereof.
Another important reason for termination is when a customer revokes their consent to the collection and use of data by Bitwala, because Bitwala will then no longer be able to provide the services it offers without storing and using the customer's data.
Notice of termination will be given by email to the email address provided by the customer.
9.3 Effect of a Termination
As of the effective date of the termination of the contract relating to the Bitwala user account as well as your contractual relationships with other partners (other than BitGo) which were introduced via the Bitwala App will also be deemed effectively terminated.
The customer may continue to use the Bitcoin Vault through the provider BitGo. For this purpose, the customer may visit BitGo's website at https://www.bitgo.com/ and use the recovery tool.
Upon request, Bitwala will use commercially reasonable efforts to enable the (former) customer to withdraw remaining available balances from the customer’s Crypto Vaults.
§ 10 - Governing Law
The contractual relationships between the customer and Bitwala shall be governed by German law.
Support and Complaints
Bitwala's objective is to provide products and services that fulfil the needs of each of their customers.
If you have questions or wish to file a complaint to Bitwala, it will be Bitwala's ambition to treat the matter and clarify the issue in a prompt and transparent manner.
Every customer is invited to contact Bitwala at firstname.lastname@example.org to present any questions or complaints using various channels. For other support queries, you can refer to https://support.bitwala.com/hc/en-gb.
The European Commission has set up a European Online Dispute Resolution (ODR) Platform at http://ec.europa.eu/consumers/odr. Bitwala does not currently participate in dispute resolution proceedings with any consumer conciliation board.