These Platform Rules (the "Rules") set out the procedure for trading, the placement of advertisements, the conduct of trades, the resolution of disputes and the application of restrictive measures on the BitMoment platform (the "Platform", the "Service", "BitMoment").
The Rules form an integral part of the User Agreement. By using the Service, you confirm that you have read these Rules, agree to them and undertake to comply with them. See also: User Agreement, AML/KYC Policy, Risk Disclosure, Fraud Warning.
1. General Provisions
1.1. The Rules apply to all users and transactions on the Platform. Terms are used with the meanings defined in the User Agreement and the AML/KYC Policy.
1.2. The Platform provides a technical capability for P2P interaction and an escrow service and is not a party to transactions between users. This does not cancel the Platform's actual AML/CFT role and does not restrict its rights to apply control measures.
1.3. The Platform is entitled, at its sole discretion, to establish, change and cancel trading parameters (limits, threshold values, the rate corridor, the list of networks and payment methods, the amounts of commissions). The current parameters are reflected in the Service interface.
2. Trading Zones
2.1. Grey zone (active): a rate within the permitted deviation from the market rate, a minimum trade amount of RUB 5,000, any requisites permitted, a commission of 1% charged to the advertisement creator upon a successful trade.
2.2. White zone (introduced at the Platform's discretion): a narrowed rate corridor, increased minimum amounts, a requirement that the requisites match the user's data, and a reduced commission. Access is granted upon reaching the relevant verification level (see the AML/KYC Policy).
2.3. Amount limits depend on the user's verification level and risk profile. The Platform is entitled to apply additional restrictions irrespective of the user's formal KYC level.
3. Advertisements
3.1. The advertisement creator specifies the type (buy/sell), currency, price within the permitted corridor, limits, payment methods, requisites, terms and time for payment.
3.2. The advertisement creator must place accurate terms, keep requisites current and have a sufficient balance to perform sell advertisements. The Platform is entitled to hide, deactivate or restrict advertisements that do not comply with the Rules, where there is an insufficient available balance, where limits are exhausted, or on other grounds, at its discretion.
3.3. The placement of advertisements aimed at circumventing the Rules, manipulating the market, involving in unlawful activity or moving interaction outside the Platform is prohibited.
4. Trade Procedure and Escrow
4.1. When a trade is opened, the cryptoasset of the advertisement creator (including the commission) is locked in escrow and held until performance of obligations is confirmed or until the dispute is resolved.
4.2. The buyer makes payment in fiat funds directly to the counterparty's requisites within the allotted time and confirms payment in the interface. The seller confirms receipt of funds, after which the cryptoasset is released in favour of the buyer.
4.3. Settlements in fiat funds are performed by users directly. The Platform does not receive, hold or transfer fiat funds and does not confirm the fact of fiat payment on the user's behalf.
4.4. Non-payment within the time limit, refusal to perform, the provision of inaccurate confirmations or other breaches constitute grounds for cancelling the trade, initiating a dispute and applying the measures under Section 7.
4.5. Escrow is not a means of settlement and does not relieve the user of the obligation to confirm the lawfulness of the origin of funds. The Platform is entitled to suspend a trade or initiate a dispute where there are reasonable grounds for suspicion.
5. Prohibited Actions
5.1. The user is prohibited from:
- moving communication and/or settlements outside the Platform;
- inducing a counterparty to release a cryptoasset before payment is confirmed;
- presenting forged or misleading payment confirmations;
- using another person's documents, accounts and requisites, or acting in the interest of an undisclosed third party;
- manipulating ratings, reviews, disputes and other Platform mechanisms;
- maintaining multiple accounts without the Platform's consent, or circumventing restrictions and control measures;
- unlawful activity listed in the AML/KYC Policy;
- other actions prohibited by the User Agreement, its integral parts or applicable law.
6. Reviews, Rating and Reputation
6.1. Users are entitled to leave reviews on completed trades. Reviews and ratings reflect the user's reputation and success rate.
6.2. Inflation, fictitious reviews and pressure on a counterparty to change a review are prohibited. The Platform is entitled, at its discretion, to hide, delete or disregard reviews that breach the Rules and to adjust reputation indicators.
7. Disputes and Moderation
7.1. Where disagreements over a trade arise, either party is entitled to initiate a dispute. For the duration of the dispute the cryptoasset remains locked in escrow.
7.2. The dispute is considered by a Platform moderator. The moderator is entitled to conduct private correspondence with each party separately, to request evidence (payment confirmations, correspondence, other information) and to set time limits for its submission. The identity of the moderator may be concealed from the parties.
7.3. The moderator takes a decision at the moderator's discretion on the basis of the information submitted: in favour of the buyer, in favour of the seller, or cancellation of the trade. The moderator's decision is final and may be challenged solely through the Platform's internal procedure.
7.4. Failure to submit evidence within the established time, bad-faith conduct or an attempt to mislead the moderator is taken into account against the relevant party.
7.5. The Platform does not guarantee the outcome of a dispute in favour of any party and is not liable for decisions taken within the moderator's discretionary powers, to the maximum extent permitted by applicable law.
8. Restrictive Measures
8.1. The Platform is entitled, at its sole discretion, to apply measures: a warning; restriction of functionality; hiding or deactivation of advertisements; reduction of limits; switching the account to read-only mode; suspension of transactions; freezing of funds; refusal of a transaction or withdrawal; blocking of the account; termination of the relationship.
8.2. Measures are applied immediately, without prior notice and without an obligation to disclose the grounds, to the maximum extent permitted by applicable law. The Platform is not obliged to disclose the methodologies, algorithms, sources and threshold values of the decisions taken.
8.3. Freezing ≠ confiscation. Restrictive measures are not aimed at depriving the user of the right of ownership. Read-only mode preserves access to history and correspondence; the balance is not seized. A cancelled withdrawal results in the return of funds to the balance. The return of frozen funds is possible after the grounds have been eliminated and the lawfulness of their origin confirmed, unless otherwise follows from the instructions of competent authorities or from applicable law. The Platform does not declare any right to the irrevocable seizure of the user's funds.
8.4. The application of measures is lawful and does not give rise to any claim where the measures are taken in connection with a breach of the Rules, AML/CFT requirements or on the basis of reasonable grounds for suspicion.
9. Limitation of Liability and Indemnification
9.1. To the maximum extent permitted by applicable law, the Platform is not liable for losses and consequences caused by the actions of counterparties and third parties, dispute decisions, the application of restrictive measures, the unavailability of the Service, rate fluctuations and user errors.
9.2. The user shall indemnify the Platform for documented losses and costs, and shall satisfy third-party claims, arising from the user's breach of the Rules.
9.3. By using the Service, the user accepts the associated risks (see the Risk Disclosure) and waives in advance any claims in respect of the discretionary powers lawfully exercised by the Platform, to the maximum extent permitted by applicable law. This clause does not affect the right to the return of funds under clause 8.3.
9.4. The provisions of this section are not intended to exclude liability to the extent that this is not expressly permitted by applicable law; to that extent, they apply to the maximum permissible degree.
10. Severability and Governing Law
10.1. The recognition of any provision of the Rules as invalid or unenforceable does not entail the invalidity of the remaining provisions. An invalid provision is applied and construed to the maximum extent permitted by applicable law so as to achieve its original purpose; in all other respects the Rules remain in force. All strict provisions apply "to the maximum extent permitted by applicable law". The Platform's failure to exercise any right does not constitute a waiver thereof.
10.2. The applicable law and the procedure for resolving disputes are determined by the User Agreement.
11. Amendments to the Rules
11.1. BitMoment is entitled, at its discretion, to amend these Rules in connection with changes to the Service, changes in applicable law or on other grounds.
11.2. The current version of the Rules is published at /support/docs/rules. The version history is available at /support/docs/rules/history.
11.3. The procedure for accepting this document and the legal consequences of its amendment are determined by the User Agreement, of which this document forms an integral part. Consent is expressed in the manner established by the User Agreement and does not require separate confirmation for each version.
12. Contacts
For matters relating to these Rules, disputes and official requests, please contact:
- Email (AML/KYC, official requests): legal@bitmoment.pro
- Email (general support): support@bitmoment.pro
- Telegram support: @BitMomentSupportBot
The procedure for handling requests from competent authorities is set out in the document "Procedure for Law-Enforcement Requests".
Operator: BitMoment.