TERMS & CONDITIONS

1. These Terms and Conditions (T&C) specify the terms of using the services provided by Bullchain LTD, a company operating a virtual asset exchange, and serve as a legal basis thereof and together with Privacy Policy and Cookies statement or any other guidance, warning, or other statement or message published on the Website www. https://swap.dyakon.eu/ (hereinafter referred to as the Website or our Website) shall be conceived as an agreement between Bullchain LTD and its Customers (namely, any individual or legal entity or entity without legal personality who use or attempt to use the services provided by Bullchain LTD).

1.1.These T&C shall also specify the terms of provision and use of e-wallet service provided by our e-wallet /payment provider partner and serve as a legal basis thereof.

1.2. By accessing our Website or using any other means ensured available by Bullchain LTD, for using the services provided by Bullchain LTD, the customer accepts and agrees to be bound by the present T&C, as specified further below.

1.3. We will publish the last version of our T&C on our Website, as they may be amended from time to time and you should review all provisions thereof, prior to using our services.

1.4. These T&C was last updated on 03.12.2022.

2. Bullchain LTD is a company established to provide services for exchanging a virtual currency against other virtual currencies and to provide a virtual assets wallet service. Thus members (customers registered for using our services by opening an account) are allowed to hold, and stored virtual assets, transfer them, and swap them.

Definitions

3. Under the present T&C

3.1. ‘virtual currency’ means a value represented in a digital form, which is digitally transferable, preservable, or tradable and which natural persons or legal persons accept as a means of payment, but that is not the legal tender of any country or funds, and includes but not limits to bitcoin, Ethereum, USDT, Dyakon token, and other cryptocurrencies.

3.2. “token” is a utility token, i.e. a digital asset that does not have characteristics of an investment contract and provides access to the company’s product or service.

3.3. “virtual assets” include virtual currencies and tokens.

3.4. „Customer” is a person who uses or attempts to use the services provided by Bulchain

3.5. „Member“ is a customer who has opened an account with Bulchain and thus uses the services provided by us.

3.6. “Services” shall mean services provided by Bullchain

Services

4. Bullchain will provide services with respect to certain virtual currencies and tokens which neither represent financial instruments nor e-money and are made available for trading on the exchange, operated by Bullchain. Subject to these T&C and any other provisions stipulated by the applicable legislation as may be, Bullchain shall provide the following services:

4.1. Trading a specified virtual currency for other virtual currencies;

4.2. Opening and maintaining virtual asset wallets and funding, transferring and withdrawing of virtual currencies where no fiat currency flow is taking place.

5. The services as specified above may be used, only if the customer, by accessing the Website, agrees to be bound by the T&C, and all applicable legislation and shall be deemed responsible for compliance with any applicable local rules and laws in the country of residence or the country from which the customer accessing the Website and using or attempt to use our services.

6.1. While using our Services customers are not allowed to: use them in a way that may negatively affect other users from using our Services, or that could impair the functioning of the Services in any way; to violate intellectual property or another third-party right; to engage in market manipulation – such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing and layering; to use the services to engage in any illegal activities, including fraud, money-laundering, or terrorist activities.

6.2. Customers are forbidden from the undertaking, directly or indirectly, any action aimed at or that might reasonably be expected, to cause manipulation of the price of virtual assets, accepted for trading on the cryptocurrency exchange( wallet) operated by Bullchain. In such cases, We reserve the right to cancel or otherwise to manage Member’s orders or other instructions given by him/her, including by suspending or delaying an instruction or order.

Electronic Communication

7. By visiting the Website or otherwise initiating electronic communication with Us the customer agrees to be contacted by Us via electronic communication channels, including the Website, email, using an application or other messaging service, or by sending an SMS to a mobile number provided by the customer.

Limitations

8. All the content of the Website is the property of Bullchain and is protected by the relevant copyright and trademark law. It can be used only for non-commercial and informational purposes and is subject to compliance with all copyright.

8.1. The trademarks, service marks, and logos used in the Website are the property of Bullchain and their owners. The software, text, images, graphics, data, prices, trades, charts, graphs, video, and audio used on this Website are the property of Bullchain.

9. The use of any materials published on the Website for any other purpose is strictly prohibited and subject to express authorization by Bullchain. Any unauthorized use may lead to a violation of the relevant applicable legislation and result in penalties.

Eligibility

10. A customer may use our Services only if he/she is 18 years old or older, have the capacity and the power necessary to accept the T&C, and comply with the other requirements as per T&C:

(a) has not previously been rejected from using our Services;

(b) is not placed in the sanction lists of OFAC, the United Nations, the European Union, or any other sanction lists, and also is not a Politically Exposed Person (PEP).

Restricted jurisdictions

11. A customer may not use the Services if he/she is located in, is a citizen of, or resident of any state, country, territory, or other jurisdiction placed in the European Union AML/CFT List of HighRisk Third Jurisdictions.

Risks

12. As with other goods trading virtual assets is a risky activity because the prices experience fluctuation each day as a consequence of an increase or decrease in the value of customers’ assets. Thus, there is a risk that some losses may occur for customers as a result of trading virtual assets as it may be with other goods traded on the market.

13. Furthermore, as virtual assets are not backed by any Central bank or other public body, there is no entity that can issue more of them in order to protect the value on the market in case of crisis. Instead, virtual assets are only supported by technology and trust between participants. They still are fairly independent and in a great deal unregulated.

14. Virtual Assets are predominantly dependent on technology and reliance on them by the market. In some cases, confidence in a virtual asset could be lost due to technology alterations, the creation of a new competitive virtual asset, deflationary or inflationary spiral, if the virtual assets are lost( wrong blockchain address ), or if the external entity (for example the government) is able to prevent a transaction in a virtual asset to be finalized or settled. Other risks that are not mentioned in these T&C may also occur.

15. Thus, we warn customers that they should carefully estimate their financial status, knowledge of the market, experience, and risk tolerance so as to consider if trading in virtual assets is suitable for them. By using the services offered by Bullchain, the customer acknowledges all risks arising from the virtual assets trade.

16. Bullchain serves as a mediator who supervises the proper fulfillment of the commitments of the parties and reserves the right to impose penalties on customers in cases of wrongdoing. Thus, Bullchainis not responsible for the exchange of virtual currency between customers.

17. Bullchain reserves the right to block any account opened with us if it has been used in infringement of the present T&C or applicable legislation. It is also valid for all the accounts of a member who helps other persons to violate these T&C or relevant legislation.

18. By accepting these T&C the customer agrees to comply entirely with all the provisions thereof as well as with all the applicable domestic legislation, and guidelines of the relevant competent authorities concerning the use of Our services and to cooperate in the investigation of any infringement thereof.

19. It is the responsibility of the customer to inform Us immediately if any unauthorized use of Our services or an infringement of the present T&C occurs by notifying Us via info@dyakno.eu. A customer who fails to comply with these T&C would be terminated from accessing and using Our Services and may be held liable for the losses due to such an infringement of the T&C, suffered by Bullchain, their partners or other customers.

20. We will investigate any complaint or signal of such a violation of the applicable rules and will take the appropriate actions where necessary, such as reporting any suspected unlawful activity to law enforcement officials, regulators, or other authorized third parties and disclosing any information necessary or appropriate to such persons relating to customer and/or to customer’s account activity in accordance with the relevant legislation, present T&C and other accepted by the customer documents, published on our Website.

Member’s account

21. To use Our Services the customer needs to open and maintain an account with Us. To do so the customer will be asked to provide information and documentation for his/her identity verification. The information and supportive documents shall be complete, accurate, and up to date, for which the customer shall be responsible as well as to provide updated information and documents when necessary.

22. In order to open and use an account with Us the customer will need to create a username and unique password to protect them from unauthorized use. They will become our members.

23. The Member shall not disclose any personal information, such as name, user name, and other credentials or data of personal nature that identifies him/her and that he/she has provided in order to use Our Services and to access and use the account. Such a disclosure if established by us would lead to the termination of the member’s account.

24. We are not obliged to keep the member’s account credentials, such as account name or password, and shall not bear responsibility if the member forgets, lose or misplace his/her account name and/or password in cases other than our negligence.

25. The customer shall be bound to any activity, including transaction instructions initiated from his/her account, and thus authorizes Us to accept and act in accordance with them, regardless if the access to the customer’s account has been authorized or not unless the customer has given prior notice to Us for unauthorized access to his/her account.

26. We make no warranties or guarantees regarding the time required to complete processing any request provided by you, which are dependent upon factors beyond our control. Nevertheless, We will make reasonable efforts to process your requests in a timely manner.

27. Any activity, including but not limited to orders, transactions, and operations, initiated from the member’s account and validated using the relevant password created by the said member will be considered to have been made by the member who registered the relevant account and shall be deemed irrevocable.

28. The Member is obliged to report any suspicious activity initiated from his/her account by notifying Us via info@dyakon.eu In such cases we will investigate the case and if necessary, will ask the member to provide additional information and documentation. In some cases, upon our discretion, we will initiate freezing of the account and some or any transactions initiated through the said account. Moreover, we may ask the member to undertake particular actions for security reasons and the member is obliged to follow our instructions in such cases.

Identity Verification

29. In the course of using Services provided by Us you may be asked to follow identity and other verification procedures concerning you or the transactions initiated by you. These may include, checking the information you provide against any sanction or restriction list maintained by any governmental or non-governmental international organization prohibiting or limiting business activities or transactions with any persons.

30. You may be required to provide Us with certain personal information, including, but not limited to: your name, address, state of residence, nationality, telephone number, email address, date of birth, taxpayer identification number, government identification number, government-issued ID or other proof of your identity

31. For non-individual Customers (legal entities, other organizations) in addition may be required: company name, legal form, domicile address, country of domicile, date of incorporation, place, and date of entry in the commercial register, if any, as well as the names of the bodies or trustees formally acting on behalf of the legal entity as well as the information identifying the ultimate beneficial owners of this legal entity.

32. By agreeing with this T&C the customer entitles Us to initiate, directly or through a third party, inquiries necessary to verify the customer’s identity and/or protect against fraud. We will bear no responsibility if due to any such inquiries or identification and screening procedures the customer is not able to use our services, withdraw virtual assets or perform trades, provided that We act in compliance with the present T&C and other applicable legislative requirements.

33. In compliance with our AML/KYC policy we limit the number of accounts held by a single customer. Thus, a single customer may hold only one account.

34. We will collect, keep and use personal data provided by our customers in accordance with our Privacy Policy, available on our Website. All Our customers should read our Privacy Policy before using our Website and the services we provide. As per our Privacy Policy in some cases (when it is required by law, due to legal procedures, for prevention of financial losses, when it is necessary to report illegal activity, or when we investigate infringement of present T&C) we may share your personal data with external bodies – such as data protection authorities, officials and others.

Virtual currency wallets

35. The customers will be able to open one hosted virtual currency wallet with Us enabling him/her to store, manage, transfer, and track the balance of certain supported by Us virtual assets (Bitcoin, Ethereum, others).

Virtual assets transactions

36. The customer may purchase supported by Us virtual currencies by using other virtual currencies.

37. Bullchain will do its best to deliver the relevant virtual asset to the customer as quickly as possible

38. Purchase and sell of a particular virtual asset supported by Bullchain is possible against other virtual assets supported by us (as displayed on our Website)

39. When selling virtual assets from their virtual asset wallets our customer authorizes Us to debit his/her virtual assets wallet and to credit his/her selected virtual address for fulfilling the settlement of the transaction.

40. Some purchases or sales will be subject to Fees and/or Commissions as specified in our Fees and Commission Schedule, available on our Website. For executing our customer’s order, we will check if the funds necessary for the fulfillment of the transaction together with the applicable fees and commissions are available using the selected payment method by the client. If there are not enough funds to cover the amount of the transaction together with the relevant fees and/or commissions we will not execute your order.

41. By initiation of a transaction to buy or sell virtual assets our customer agrees with the exchange rates applicable as per the moment of initiation of the transaction and that the price to “buy” and to “sell” may be different due to margin spread applicableр as well as with any applicable fees or commissions as per our Fees and Commissions Schedule. Bullchain does not guarantee the purchase or sale of virtual assets at a particular price on the market.

42. Once the transaction initiated by the customer is labeled as “pending” or “finalized”, it cannot be canceled by the customer. In case the payment is not successful due to insufficient funds available, the customer, by initiating the relevant transaction, empowers Bullchain in their own discretion either to cancel the transaction or to debit other available balances of the customer, including the balance on his/her Virtual asset wallet

43. When the customer initiates a transaction, Bullchain will act expressly in accordance with his/her instructions. In case of wrong instructions, concerning the identity of any third party, including the receiver, the customer who initiated the transaction will bear the entire liability for the consequences and Bullchain will have no responsibility for checking that the information provided by the customer is accurate and complete.

44. We reserve the right to reject an order for submission or to cancel any pending transaction in the virtual asset as it may be required by law, regulation, or any court or other authority to which Bullchain is subject in any jurisdiction.

45. We do not own or control the underlying software protocols which govern the operation of Virtual Currencies traded on our platform. As these underlying protocols are ‘open source, nobody can copy, use, modify, or distribute them.

46. Bullchain bears no responsibility for the operation of the virtual currency underlying protocols and are not able to guarantee their functionality, security, or availability. The customer acknowledges and accepts the risk that underlying software protocols relating to any virtual currency or other virtual assets stored in his/her virtual asset wallet may change.

Fees and Commissions

47. Bullchain can charge their customers for the services provided with fees and commissions as specified in the Fees and Commissions Schedule available on our Website. We reserve the right to update from time to time our fees and commissions so stay tuned for any changes ensured available on our website.

Taxes

48. It is the Customer’s responsibility if any and what taxes apply to the trades executed or to other transactions initiated and completed by using Bullchain’s services. The customer bears the responsibility to report and remit the correct tax to the appropriate tax authority. Bullchain is not responsible for determining whether taxes apply to customers’ trades or other transactions. We do not report, collect or withhold and remit any taxes due to trades and other transactions of our customers.

Financial Advice

49. Bullchain doesn’t provide any investment advice in any form, including but not limited to advice, recommendation, guidelines, or warnings influencing customers to or not to purchase or sell any assets in relation to services provided by us or otherwise. The provision of data and other information on the price, range of prices, and volatility of virtual assets and events that have an effect on the price of virtual assets does not present investment advice and shouldn’t be conceived as such

50. Customers shall take their own exclusive decisions at their own risk whether to use our services or/and whether to buy, sell or not to buy or sell any virtual assets. Once a customer has decided to use our services and to buy or sell virtual assets, he/she will bear the risks associated with this decision and Bullchain will not be liable for any further customer losses. The customer should carefully estimate his/her financial situation and knowledge.

Regulation

51. We are determined to follow all the relevant regulations applicable to our services and business model as AML/CFT rules. We created an internal AML/CFT procedure to follow.

Termination of the account at the member’s discretion

52. Except in the cases when as per present T&C Bullchain is entitled to terminate a member’s account, any member has the right to terminate the relationship with us by closing its account provided that all the pending transactions initiated via the account are settled and all the fees and commissions due are paid.

Termination of the account by Bullchain

53. Bullchain save the right, at their own discretion and under relevant circumstances to suspend or terminate the account of a member in the following non-exhaustive cases: (1) attempts of a customer for unauthorised access to the website or to another member's account or providing assistance to others' attempting to do so; (2) overcoming protection of any content on the website; (3) Bullchain have reasonable ground to believe that member’s account or any transaction thereof is related to prohibited use or is non-compliant with any applicable laws or regulations, including usage to perform illegal activities such as money laundering, financing terrorism, or other criminal activities; (4) any infringement of these T&C in any aspect; (5) some of Bullchain’s partners (third party) has refused to provide service to the member; (6) the member do not provide proper information to Bullchain upon request; (7) violation of intellectual property rights of Bullchain or of our partner; (8) a failure to pay or a fraudulent payment for any transactions initiated via the account; (9) force majeure events, such as operational difficulties or other technical obstacles; (10) upon the request of law enforcement or other government agencies; (11) in case of unverified account, despite the attempts of Bullchain to receive the relevant information and documents from the customer – in this case and if the account is inactive for more than 12 months from the date of its opening we will close it and will transfer any assets to a third party; such closed account will no longer be responsible of Bullchain.

Availability

54. We do not guarantee the availability of the services and the website all the time. Nevertheless, We will make reasonable efforts to ensure that our customers would be able to access our Website and the Services as per the present T&C. In some cases, We may be forced to suspend access to the Website and/or to the Services for maintenance and we will do our best to give Our customers prior notice for this. Also, Our customers accept the risks related to non-accessibility of the Website and/or our Services in emergency situations, including in force majeure.

Complaints and dispute resolution

55. Our customers may raise any query or complaint concerning the Services provided by Us by contacting us via info@dyakon.eu. To be able to be of help, please provide us with the necessary correct information: your personal details – name, e-mail, other to enable identification of your account and/or service concerned; description of the issue – the service and/or specific transaction, others. The customer shall specify how he/she expects us to resolve the issue and may provide any other information at his/her discretion relevant to the case.

56. We will do our best to investigate the complaint and come up with a resolution within 15 business days. If we are not able to meet the term of 15 business days, we will inform the customer via e-mail and will specify a deadline for our final decision which will not exceed 30 business days as of the day of submission of the complaint.

57. Any offer for resolution will be binding for Bullchain only upon acceptance by the customer

58. By accepting the present T&C the customer agrees that Bullchain, its partners or other service providers and their employees, directors, or other representatives, shall be released from any claims, demands, and damages arising in connection with disputes between the customer and any other Member and/or customer.

Liability

59. WE PROVIDE ACCESS TO THE WEBSITE AND THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY. WE DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. Bullchain LTD DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO THE SITE AND ITS CONTENT, TO THE SERVICES, WILL BE COMPLETE, ERROR-FREE, CONTINUOUS, UNINTERRUPTED, ACCURATE. INFORMATION ON THE WEBSITE MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE AND OUR CUSTOMERS SHOULD VERIFY ALL INFORMATION BEFORE RELYING ON IT. CUSTOMERS REMAIN RESPONSIBLE FOR ALL THE DECISIONS MADE BY THEM BASED ON THE INFORMATION PUBLISHED ON OUR WEBSITE.

60. Bullchain DOES NOT MAKE ANY WARRANTIES THAT THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE OF VIRUSES AND BUGS. THE CUSTOMER BEARS THE WHOLE RISK RELATED TO THE USE, QUALITY, AND PERFORMANCE OF THE SERVICES AND/OR THE WEBSITE.

61. TO THE EXTENT PERMITTED BY LAW, Bullchain, ITS AFFILIATES OR SERVICE PROVIDERS OR RESPECTIVE OFFICERS, EMPLOYEES OR REPRESENTATIVES THEREOF IN NO EVENT WILL BE HELD LIABLE FOR ANY DAMAGES, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF DATA, INDIRECT OR CONSEQUENTIAL LOSS UNLESS THE LOSS SUFFERED AROSE DUE TO GROSS NEGLIGENCE OR WILLFUL DECEIT OR FRAUD. IN ANY CASE, REGARDLESS OF THE CONTENT OF THESE T&C, EITHER PARTY WILL BE LIABLE, WITHOUT LIMITS, FOR FRAUD, DEATH, OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE WHICH MAY NOT BE EXCLUDED BY LAW

62. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION WHICH OUR CUSTOMER MAY HAVE ARISING OUT OF OR RELATED TO THE USE OF THE WEBSITE, SERVICES, OR THE PRESENT T&C MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

63. WE SHALL NOT BE LIABLE TO OUR CUSTOMERS IN ANY WAY WHATSOEVER FOR THE TRANSFER OF ANY VIRTUAL ASSETS IF THE CUSTOMER PROVIDES US WITH ANY INCORRECT AND/OR INCOMPLETE, PUBLIC KEY, AND/OR VIRTUAL CURRENCY WALLET ADDRESS DETAILS. Bullchain SHALL NOT BE LIABLE TO ITS CUSTOMERS IN ANY WAY FOR THE TRANSFER OF ANY AND ALL FIAT MONEY IF THE CUSTOMER PROVIDES Bullchain WITH ANY INCORRECT AND/OR INCOMPLETE PAYMENT DETAILS.