Bitwyre Terms & Conditions

Bitwyre operates as a centralized cryptocurrency spot and derivatives exchange platform. We offer users a platform for trading Digital Assets, an integrated custody solution for storing Digital Assets, and other related services.

By registering to open a Bitwyre Account, you enter a legally binding agreement with us. These Terms govern your usage of Bitwyre Services, providing information on our identity, service provision, potential changes or terminations, issue resolution procedures, and other pertinent details.

You are required to carefully review these Terms and associated documents referenced within. If there are any uncertainties, please inform us promptly.

If there are any Local Terms applicable to your usage of Bitwyre Services, they will supersede these Terms.

These Terms mention several additional documents relevant to your utilization of Bitwyre Services, including:

You acknowledge and agree to comply with any pertinent additional terms and conditions governing your use of Bitwyre Services.

To register for a Bitwyre Account and utilize Bitwyre Services, you must:

We reserve the right to modify our eligibility criteria at our discretion. Whenever feasible, we will provide advance notice of any changes. However, here may be instances where changes are made without prior notification, such as:

In cases where advance notice is not feasible, we will inform you of the modifications promptly after implementation.

To access additional information about Bitwyre, please refer to the details available on our website. Specific notices may contain contact information, though this address is not monitored for such notices.

We will utilize the contact information you provide for communication purposes, which may include email, SMS, or telephone. It's crucial to ensure the accuracy and currency of your contact details. Any changes to this information must be promptly communicated to us. Failure to update your details may result in missed communication or important notifications, for which we will not be held accountable.

Upon opening a Bitwyre Account, you gain access to Bitwyre Services governed by both these Terms and specific Product Terms tailored to each Bitwyre Service.

You recognize and consent that certain Bitwyre Services may be delivered by Bitwyre Affiliates.

However, certain in-app purchases and additional features may require charges, as specified by us periodically.

To access the Bitwyre Services and the Platform, you must establish and maintain a Bitwyre Account, which can be for an individual user or a Corporate Bitwyre Account for corporations, entities, or organizations.

All Bitwyre Accounts are provided at our discretion. We reserve the right to decline any Bitwyre Account application without explanation or to limit the number of Bitwyre Accounts you may hold.

By creating a Bitwyre Account, you agree to:

Before opening a Bitwyre Account and accessing the Bitwyre Services, you agree to comply with our identity verification procedures by providing accurate, current, complete and truthful information about yourself and, if applicable, all Permitted Users.

By using our Services, you authorize us to conduct necessary inquiries to verify your identity, those of Permitted Users, or to safeguard against fraud, money laundering, terrorist financing, or other financial crimes.

We may request additional information, records, documentation, or face-to-face meetings to fulfill our enhanced due diligence procedures.

You are responsible for maintaining and promptly updating your information to keep it accurate, current, and complete. This includes, but is not limited to, personal details, contact information, and payment information.

By using Bitwyre Services, you consent to the collection, use, and disclosure of your personal information in accordance with these Terms and the Privacy Statement.

We may disclose your personal information to third parties under the following circumstances:

For more information on how we process your personal data, please refer to our Privacy Statement.

We retain your personal data as necessary for continued use of Bitwyre Services, as required by law for purposes like tax and accounting, anti-money laundering compliance, or as communicated to you. Please consult our Privacy Statement for details on data collection and usage related to our Sites and Services.

At our discretion, you may create and access Bitwyre Sub-Accounts, subject to identity verification requirements outlined herein. Each Bitwyre Sub-Account is associated with one natural person or corporate entity.

We may ask you for information at any time to comply with any Applicable Law, meet identity verification requirements, detect money laundering, terrorist financing, fraud, or any other financial crimes, or for any other legitimate reason. You agree to provide the requested information and allow us to keep a record of it for as long as your Bitwyre Account is active or for any period required by Applicable Law.

Providing information may affect your access to your Bitwyre Account and the transaction limits for using Bitwyre Services. If we suspect that the information you provided is incorrect, false, outdated, or incomplete, we may ask you to correct it, remove the relevant information, or take other necessary actions to ensure the information is accurate.

You must respond to any information requests from us. If you refuse to provide the requested information or fail to comply in a timely manner, we reserve the right to suspend or terminate your access to your Bitwyre Account or any Bitwyre Services immediately and without notice.

To access your Bitwyre Account, you or your Permitted Users must have the necessary equipment (like a computer or smartphone) and internet access. Your Bitwyre Account can be accessed directly via the Platform or through other methods (including APIs) as we may specify. You may only use the Access IDs provided to you or your Permitted Users for this purpose. We may require multi-factor authentication to ensure the security of your Bitwyre Account.

The use of the Platform and other access methods may be subject to additional terms, which we will communicate to you.

You must ensure that your Bitwyre Account(s) are not used by anyone other than yourself or, for Corporate Bitwyre Accounts, your Permitted Users, in accordance with these Terms.

You can access your Account History on the Platform. You must review it carefully and inform us within fourteen (14) calendar days if you notice any entries or Transactions that are unrecognized or incorrect from the date the Account History is provided or made available to you.

We can correct any error in your Account History at any time and may void, cancel, or reverse any Transaction involving a Manifest Error, or adjust the Transaction details to what we reasonably consider correct or fair. If you execute a Transaction with Improper Intent or if there is a Manifest Error, Bitwyre is authorized, in compliance with Applicable Law and without penalty or liability, to:

If Bitwyre cancels a Transaction, it will reverse any transfers of Digital Assets to and/or from your Bitwyre Account as if the Transaction never occurred. If Bitwyre amends a Transaction, it will notify you of the new terms and adjust the transfers of Digital Assets to and/or from your Bitwyre Account accordingly.

You agree that you are solely responsible for your transactions with third parties that may rely on any Transaction subject to Bitwyre’s cancellation or amendment rights.

We may be required by Applicable Law to share information about your Bitwyre Account and Account History with third parties. You agree that we are entitled to disclose this information. For more details on how we process your personal data, please review our Privacy Statement.

You must ensure any Instruction you submit is complete and accurate. We are not responsible for verifying the accuracy, authenticity, or validity of any Instruction and will not monitor or reject Instructions based on apparent duplication. However, if we have doubts about an Instruction's accuracy, authenticity, or validity, we may refuse or delay acting on it or request further information.

Instructions are irrevocable once submitted, and you or your Permitted Users cannot rescind or withdraw them without our written consent. An Instruction is only considered received once it reaches our server. Our records of all Instructions will be conclusive and binding.

By submitting an Instruction, you or your Permitted Users authorize us to initiate the Transaction on your Bitwyre Account. We are authorized to credit or debit your Digital Assets from your Bitwyre Account according to your Instruction. If your Bitwyre Account lacks sufficient Digital Assets to complete the Transaction, including all associated fees, we may refuse to process the Transaction. We may also refuse to act on instructions as permitted by these Terms. It is your responsibility to maintain sufficient Digital Assets in your Bitwyre Account.

You understand that Instructions and information transmitted on the Platform or via email are generally sent over the internet and may pass through public, international networks that are not specifically protected. We cannot guarantee the complete protection of these Instructions and information against unauthorized access, and you accept the associated risks.

Subject to these Terms and any applicable Product Terms, and provided you have sufficient balance and the relevant Digital Assets are not on hold, you can instruct Bitwyre to transfer Digital Assets to an external wallet by submitting a withdrawal request on the Platform. Upon receiving the request, Bitwyre will deduct your Bitwyre Account balance and initiate an on-chain transfer to the designated external wallet. We may not process a withdrawal request if we reasonably believe that Applicable Law prevents its execution. Bitwyre may also suspend withdrawals to resolve any incidents on the Platform and will resume them once the issues are resolved.

You may enter into Transactions directly with us or with other users, facilitated by us or not. We do not guarantee the successful completion or timing of any Transaction.

You are responsible for controlling and using your Bitwyre Account. We will assume any Instruction from your Bitwyre Account is authorized by you or a Permitted User unless notified otherwise. It is crucial to monitor your Account History for unauthorized or suspicious activity and inform us promptly. We are not liable for any claims or losses from a Transaction executed due to an unauthorized Instruction unless you notify us according to this clause and our internal investigation confirms that neither you nor a Permitted User authorized the Instruction in any way, and it is proven that the unauthorized Instruction resulted solely from a technical issue attributable to Bitwyre.

To comply with global data retention standards, you agree to allow us to keep a record of all Transaction information for the lifetime of your Bitwyre Account, as long as necessary to fulfil their intended purposes, or as required by Applicable Law. Please review our Privacy Statement for more information on our data collection and use practices related to the Sites and Bitwyre Services.

You understand and agree that neither your relationship with us, any Bitwyre Service we provide, nor any other matter, imposes any legal, equitable, or fiduciary duties on us or any Bitwyre Affiliate beyond those explicitly stated in these Terms. We and any Bitwyre Affiliate may act in multiple capacities and receive fees or commissions from multiple users (including you). You agree that we may operate in these capacities and provide services or conduct business with you, any Bitwyre Affiliate, or any other user.

You understand and agree that neither we nor any Bitwyre Affiliate are required to: (1) consider any information known to us or any Bitwyre Affiliate that constitutes a material interest; (2) disclose any such information to you; or (3) use any such information for your benefit. Additionally, we may receive general market information while providing Bitwyre Services to you, which we may use in our ordinary business operations.

We have effective organizational and administrative measures to identify and manage conflicts of interest between us, our users, and relevant third parties to prevent any adverse impact on your interests. If these measures are insufficient to prevent potential harm to your interests, we will inform you about the nature and sources of the conflicts and the steps taken to mitigate them, allowing you to decide whether to continue transacting with us. We reserve the right to decline to act for you if we cannot manage a conflict of interest in any other way.

Your Bitwyre Account may be subject to limits on:

We reserve the right to change any Transaction limit on your Bitwyre Account at our discretion. You may also request a change to your limits, which we may approve or deny at our discretion and subject to any conditions we consider necessary.

Bitwyre Services are available only for Supported Digital Assets, which may change over time. A list of Supported Digital Assets is available on our Website. We may remove or suspend any Digital Asset from this list and will make reasonable efforts to notify you in advance. This means you will no longer be able to access these Digital Assets through Bitwyre Services, and you will only be able to withdraw them from your Bitwyre Account. If you do not withdraw these assets within a specified period, we may convert them into a stablecoin. You will be notified in advance of any conversion and given a reasonable period to withdraw the assets before conversion.

We are not liable for any attempts to use unsupported Digital Assets or for conversions as described in this clause.

We may temporarily suspend Bitwyre Services for a particular Digital Asset while deciding whether to support a Fork. We are not obligated to support any Fork of a Digital Asset in your Bitwyre Account, regardless of whether the resulting version is a Dominant Digital Asset. If we choose to support a Fork, we will announce it publicly on our Website or by other appropriate means.

You acknowledge that we have no control over the creation or implementation of a Fork and cannot guarantee the security, functionality, or supply of any Digital Asset resulting from a Fork. You may not be able to trade Forked Digital Assets on the Platform and may lose any value associated with them.

We may support Digital Assets that are backed by or tied in value to another asset, such as Fiat Currency or commodities like silver or gold (“Backed Digital Assets”). You agree to read, understand, and accept all terms, conditions, and risks associated with each Backed Digital Asset before engaging in any related Transactions. We have no obligation to buy, repurchase, or facilitate the redemption of your Backed Digital Assets. We reserve the right to change, suspend, or discontinue any service related to Backed Digital Assets. We make no guarantees regarding the value retention or the quality of reserves or collateral held by the issuer or any third party for any Backed Digital Asset.

You are responsible for protecting your hardware and data from viruses, malicious software, and inappropriate material. Except as provided by Applicable Law, you are also responsible for backing up and maintaining duplicate copies of any information stored or transferred through Bitwyre Services. We are not responsible for any claims or losses resulting from your failure to comply with this clause.

You and your Permitted Users must maintain adequate security and control of your Access IDs. This includes:

You must secure your email account and Access IDs against attacks and unauthorized access. Notify us immediately if you suspect your or any Permitted User’s email account has been compromised or used without authorization.

It is crucial to monitor your Account History to detect unauthorized or suspicious activity on your Bitwyre Account and report it to us as soon as possible. A Security Breach could result in unauthorized access to your Bitwyre Account and the loss or theft of Digital Assets or funds, including those in linked bank accounts or credit cards.

If you suspect a Security Breach, you must:

We may request any information and documents we deem necessary in connection with an actual or suspected Security Breach and may share this information with third parties to resolve the breach.

Our handling of personal data related to these Terms, Bitwyre Services, the Platform, and any Site is outlined in our Privacy Statement, which we update periodically. You acknowledge that we may process your personal data, whether you provided it to us or we collected it from you, in accordance with these Terms and our Privacy Statement. This Privacy Statement is part of these Terms.

You represent and warrant that:

We may modify these Terms and any incorporated terms (including Product Terms) at any time, and your acceptance of these Terms is your explicit consent. We will inform you of changes by email or via our Website.

Generally, we will notify you in advance of changes and provide notice before they take effect. However, some changes may occur without prior notice, including:

If we cannot give advance notice, we will inform you as soon as possible after making the change.

Unless changes are immediate, updated Terms will take effect after we notify you. If you do not wish to accept the changes, you can close your Bitwyre Account as outlined in clause 19.1. If we do not hear from you, we will assume acceptance, and your continued use of Bitwyre Services indicates agreement with the updated Terms.

We may change the fees listed on our Fee Structure page, including introducing new fees. If you do not wish to accept the changes, you can close your Bitwyre Account as outlined in clause 19.1. If we do not hear from you, we will assume acceptance, and your continued use of Bitwyre Services indicates agreement with the updated Terms.

You can terminate your Bitwyre Account at any time by following our prescribed procedures. There is no charge for closing your account, but you must settle any outstanding amounts owed to us. We are authorized to cancel or suspend any pending transactions at the time of termination and to deduct any amounts you owe from your Bitwyre Account.

In some situations, you may not be able to close your account, such as:

Upon closure, you must withdraw all Digital Assets from your account. If you fail to do so, or if you have not accessed your account for 90 days, we will notify you of our intention to treat your account as dormant.

If you do not respond to our notice within 30 days, we may:

We are not obligated to pay any reward, incentive, or interest that might have been otherwise agreed upon for your dormant account's Digital Assets.

We may modify or discontinue any portion or feature of Bitwyre Services at any time. We can:

We will notify you when possible, except when restricted by law.

You agree that:

When we take action:

If we believe your account contains stolen or unlawfully possessed assets, we may place a hold on the affected funds and your account until you provide acceptable proof of lawful possession. We will not mediate disputes over account assets.

We provide you with a non-exclusive license to use Bitwyre's intellectual property (excluding Trade Marks) for personal or internal business use as long as these Terms are in effect or until your access to Bitwyre Services is suspended or terminated, whichever comes first.

You grant us a perpetual, irrevocable, royalty-free, worldwide, and non-exclusive license to use your intellectual property (User IP) as necessary to:

This license includes our right to sublicense your User IP to third parties to enable us and any Bitwyre affiliates to provide you with Bitwyre Services.

Any Created IP will automatically become our property upon creation.

You assign to us all present and future rights and interests in the Created IP, ensuring any agents, representatives, or contractors do the same. You agree to sign any documents and perform any actions needed to finalize this assignment at no cost to us.

You acknowledge that:

We reserve the right to remove, modify, or reject any content you submit, post, or display on the Platform or Sites at our discretion. This includes actions such as issuing warnings, removing User Material, seeking damages, suspending or terminating your Bitwyre Account, or restricting future use of Bitwyre Services.

We may record any communications with you related to these Terms. These recordings serve as evidence of our communications and may be used to respond to inquiries, ensure compliance with laws, improve services, and provide customer support.

Bitwyre Services and related information are provided "as is" without any express or implied warranties, including title, merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee continuous, uninterrupted, timely, or error-free access to the Sites, Platform, Bitwyre Accounts, or services.

We may suspend access to your Bitwyre Account or services for maintenance. We strive to process transactions timely but do not guarantee processing time, as it depends on factors beyond our control.

We update the Sites and Platform information but do not guarantee accuracy, completeness, or timeliness.

We are not responsible for third-party website content, materials, information, or services accessible through our Platform or Sites.

You are responsible for obtaining network access and compatible hardware or devices to use Bitwyre Services. We do not guarantee compatibility with specific hardware or devices and acknowledge potential malfunctions and delays in internet and electronic communications.

You will indemnify us against any third-party claims, suits, actions, demands, disputes, allegations, or investigations, and all related liabilities, damages, losses, costs, and expenses arising from:

We may assume control of the defense in third-party claims subject to your indemnification, requiring your cooperation. You will not settle claims or losses without our consent.

You release us from all claims and demands arising from disputes with other users or third parties related to Bitwyre Services or these Terms.

Our liability, and the liability of the Bitwyre Affiliates, to you or any third parties in any circumstance is limited to the actual amount of loss or damage which is caused directly and is reasonably foreseeable by our breach of these terms, and shall in no event exceed the amount of fees paid by you to Bitwyre in the 12 months preceding the event giving rise to the Loss. Such sum shall be paid by us to you in full and final settlement and satisfaction of ours and any Bitwyre Affiliate’s entire liability for any and all losses and claims, howsoever arising, from the relevant breach. You acknowledge and agree that neither Bitwyre or any Bitwyre Affiliate is aware of any special circumstances pertaining to you, and that damages are an adequate remedy and that you shall not be entitled to any other claims or remedies at law or in equity, including but not limited to, any claim in rem, injunction, and/or specific performance.

Notwithstanding any other clause in these Terms, in no event will we or any Bitwyre Affiliate be responsible or liable to you or any other person or entity for:

We are not liable for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms, or other malware that may affect your computer or other equipment, or any phishing, spoofing, or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us. You and, where relevant, your Permitted Users are responsible for all login credentials, including usernames and passwords and must keep security details safe at all times.

This includes the existence of the arbitration, the content of the Claim, all related documents and information, and any submissions, orders, or awards made in the arbitration. Disclosure is permitted only to the tribunal, parties involved, their counsels, experts, witnesses, accountants, auditors, insurers, and reinsurers, or other necessary persons for conducting the arbitration. However, a party may disclose such information:

This confidentiality clause survives the termination of these Terms and the conclusion or stay of any arbitration brought under these Terms.

You and any authorized users must adhere to all applicable laws, licensing requirements, and third-party rights (including privacy, data protection and anti-money laundering laws) when using Bitwyre Services, your Bitwyre Account, and the Platform.

We may send notices to your registered email address. It is your responsibility to keep this email address current and accurate. Notices are considered received if sent to your email address, even if delivery fails. You may only send us notices as directed, which may change from time to time. All notices, consents, or other communications under these Terms must be in writing, in English, and signed or authorized by the sender.

Official announcements, news, promotions, competitions, and airdrops will be posted on the Website. These announcements may affect the value or security of your Digital Assets. You are responsible for monitoring and considering these announcements.

These Terms, along with any applicable Product Terms, constitute the entire agreement between you and us regarding Bitwyre Services. Each party acknowledges not relying on any statement, representation, assurance, or warranty not expressly included in these Terms or Product Terms.

You cannot assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights or obligations at any time, including in connection with mergers, acquisitions, or other corporate reorganizations.

If any clause or sub-clause of these Terms becomes illegal, invalid, or unenforceable, the remaining clauses or sub-clauses remain unaffected.

We may record any communications with you, including telephone, email, and chat conversations, and use these recordings as evidence in any proceedings related to our agreements.

These Terms are available both in English and Indonesian languages, but the Indonesian language version will prevail in case of inconsistency or ambiguity.

Except for Bitwyre Affiliates, these Terms do not grant any rights to third parties. The Terms are for the sole benefit of the parties involved and their successors and permitted assigns.

Clauses and sub-clauses that naturally extend beyond the expiration or termination of these Terms will continue to be binding.

Bitwyre is not your agent under these Terms, and the Terms do not establish an association, joint venture, partnership, or franchise between the parties.

We record the quantity and type of Digital Assets held in your Bitwyre Account. Bitwyre is not a trustee and does not owe trustee duties for any Digital Assets held. Bitwyre will use Digital Assets of the same quantity and type as those credited to your account when acting on your instructions.

We are not liable for delays or failures to perform due to Force Majeure Events.

Any delay or omission by us in exercising rights or remedies under these Terms does not constitute a waiver of those rights or remedies. Rights and remedies under these Terms are cumulative and not exclusive of those provided by law.

We may set off any amounts you owe us under these Terms. You must pay all amounts you owe without set-off, counterclaim, deduction, or withholding, unless required by law.

If you receive information about another user, you must keep it confidential and use it only in connection with Bitwyre Services, in accordance with applicable law. Do not disclose or distribute this information to third parties or use it in any other manner.

If you breach these Terms, Bitwyre may publish details of the breach and any information you provided, if necessary for the protection of other users and in compliance with applicable law.

In the event of your death or incapacity, your estate's representative(s) or legal beneficiaries must notify us in writing. We may suspend your account upon belief of your death until satisfactory proof of your status or completion of an inheritance application. Asset transfer is subject to legal restrictions and our requirements.

You are responsible for determining and fulfilling your tax obligations related to payments made or received, including reporting and remitting the correct taxes. We are not responsible for determining, collecting, reporting, or remitting any taxes related to your use of Bitwyre Services. We may report transactions to tax authorities and provide you with necessary documentation, and we may withhold taxes as required by law.