User Agreement (Public Offer)

This User Agreement (the "Agreement", the "Offer") is a public offer of the BitMoment platform (the "Platform", the "Service", "BitMoment") and sets out the terms of use of the Service, the rights and obligations of the user and the Platform, and the procedure for accepting this Agreement and the documents related to it.

This Agreement is the principal document governing the relationship between the user and the Platform. The Privacy Policy, the AML/KYC Policy, the Platform Rules, the Risk Disclosure, the Cookie Policy, the Fraud Warning and the Procedure for Law-Enforcement Requests form an integral part of this Agreement. See also: Privacy Policy, AML/KYC Policy, Platform Rules.

1. Acceptance of the Offer and Acceptance Procedure

1.1. This Agreement is deemed concluded from the moment the user performs acceptance. Acceptance consists in completing the registration of an account on the Platform while marking agreement with this Agreement and its integral parts. By performing acceptance, the user confirms that the user has read this Agreement and all its integral parts, understands them, agrees to them in full and undertakes to comply with them.

1.2. Agreement to the terms is expressed once — at registration. The Platform records the fact of agreement and the versions of the documents in force at the time of registration for record-keeping purposes.

1.3. The agreement expressed at registration remains in force with respect to subsequent versions. The Platform is entitled at any time to amend this Agreement and its integral parts. Amendments take effect from the moment the current version is published at the relevant address, unless the version states otherwise. The agreement expressed by the user at registration (clause 1.1) extends to this Agreement and its integral parts, including their subsequent versions, and does not require repeated confirmation for each new version. The user is not obliged to independently monitor the release of new versions or to periodically re-check the documents; the Platform is not obliged to obtain separate confirmation of agreement for each new version and is not obliged to send personal notifications of amendments. The current versions and the version history are available at the addresses of publication (clause 1.6) for free review at any time. This clause is the sole source of the consent mechanics for all integral parts of the Agreement; other Platform documents refer to this clause and do not establish independent acceptance rules and do not impose on the user any obligation to re-check the documents.

1.4. If the user does not agree with this Agreement or any of its integral parts, or with their amendments, the user must cease using the Service. Use of the Service in the event of disagreement is not permitted.

1.5. By accepting the Offer, the user represents that the user is a person with legal capacity who has reached the age from which applicable law permits the relevant actions, is acting in the user's own name and interest or has proper authority, and that use of the Service does not violate the law applicable to the user.

1.6. The current version of the Agreement is published at /support/docs/user-agreement. The version history is available at /support/docs/user-agreement/history.

2. Terms and Definitions

The following terms are used in this Agreement:

3. Subject Matter of the Agreement and Nature of the Service

3.1. The Platform provides the user with the technical capability to place advertisements, find counterparties and conclude peer-to-peer (P2P) trades with them for the purchase and sale of cryptocurrencies (USDT, BTC) for fiat funds, as well as a conditional-deposit (escrow) service for cryptoassets and dispute-resolution mechanisms.

3.2. The Platform is a technical intermediary. The Platform is not a bank, credit institution, payment agent, money-transfer operator, exchange, broker, investment or financial adviser, trustee or party to the transactions concluded by users between themselves. Settlements in fiat funds are performed by users directly between themselves; the Platform does not receive, hold or transfer users' fiat funds and does not control fiat payments between them.

3.3. The Platform does not act as a party to transactions between users, does not guarantee the conclusion, performance or outcome of a transaction, does not guarantee the actions, good faith, solvency or lawfulness of the conduct of counterparties, and is not liable for their acts or omissions. Escrow ensures the locking of the advertisement creator's cryptoasset but does not guarantee performance of fiat obligations by the counterparty.

3.4. The provisions of this section on the technical nature of the Service do not cancel the Platform's actual AML/CFT role and do not restrict the Platform's rights to apply the control measures provided for by this Agreement and the AML/KYC Policy. The scope of obligations attributable to the Platform is limited to its actual role as a technical intermediary and operator of an escrow service, to the maximum extent permitted by applicable law.

3.5. The Service is provided on an "as is" and "as available" basis. The Platform does not warrant the uninterrupted, error-free or continuous operation of the Service, the preservation of data in the event of failures, the conformity of the Service to the user's expectations or the achievement by the user of any results.

4. Registration and Account

4.1. To use the trading functionality, the user completes registration and verification to an extent corresponding to the access level and risk profile (see the AML/KYC Policy).

4.2. The user undertakes to provide accurate, complete and current information and to keep it current. The user is responsible for the accuracy of the information provided.

4.3. The user independently ensures the confidentiality of authentication data, enables the recommended security tools (including two-factor authentication) and is responsible for all actions performed using the user's account. The Platform recommends reviewing the materials of the "Security" section.

4.4. An account is personal. Transferring access to third parties, registering several accounts without the Platform's consent, using another person's requisites and other similar actions are prohibited and constitute grounds for applying the measures provided for in Section 11.

4.5. The Platform is entitled to refuse registration, verification or the granting of access to any person at its sole discretion without giving reasons, to the maximum extent permitted by applicable law.

5. Use of the Service and User Obligations

5.1. The user undertakes to use the Service exclusively for lawful purposes, in accordance with this Agreement, its integral parts and applicable law.

5.2. The user is prohibited from:

1. using the Service for money laundering, the financing of terrorism, fraud, the circumvention of sanctions or other unlawful activity (see the AML/KYC Policy);
2. providing inaccurate information, using another person's documents, accounts and requisites, or acting in the interest of an undisclosed third party;
3. moving communication and/or settlements for a trade outside the Platform, inducing a counterparty to release a cryptoasset before payment is confirmed, or presenting forged payment confirmations;
4. interfering with the operation of the Service, using automated tools without permission, or circumventing technical restrictions and control measures;
5. violating the rights of third parties or posting unlawful, misleading or offensive content;
6. committing actions aimed at manipulating ratings, reviews, disputes or other Platform mechanisms;
7. committing other actions prohibited by this Agreement, its integral parts or applicable law.

5.3. The user undertakes, upon the Platform's request, to provide in a timely manner documents and information, including on the source of origin of funds, and to cooperate with checks and investigations.

5.4. The user independently bears the obligation to calculate and pay taxes and levies arising in connection with the user's activity. The Platform is not the user's tax agent.

5.5. The rules of trading, placement of advertisements, conduct of trades, disputes and the application of sanctions are detailed in the Platform Rules.

6. Trading Zones, Commissions and the Referral Programme

6.1. Grey zone: trading at a rate within the permitted deviation from the market rate, a minimum trade amount of RUB 5,000, a commission of 1% charged to the advertisement creator upon a successful trade. A client who is not the advertisement creator does not pay a commission.

6.2. 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 to the white zone is granted upon reaching the relevant verification level.

6.3. The Platform is entitled, at its discretion, to change the amounts of commissions, limits, threshold values, the list of supported networks and other parameters of the Service. The current parameters are reflected in the Service interface and/or the Platform Rules.

6.4. Referral programme: the referrer of the advertisement creator receives a portion of the commission (as of this version — 20% of the commission, i.e. 0.2% of the trade amount), with the remaining portion retained by the Platform. The terms of the referral programme may be changed by the Platform at its discretion.

6.5. Cryptocurrency operations (deposit, withdrawal) and network commissions are governed by the Service interface and the materials of the "Wallet & Transactions" section. The Platform conducts AML verification of addresses and transactions (see the AML/KYC Policy).

7. Escrow and Dispute Resolution

7.1. When a trade is opened, the cryptoasset of the advertisement creator is locked in escrow and held until performance of obligations is confirmed or until the dispute is resolved.

7.2. Where disagreements arise, either party is entitled to initiate a dispute. The dispute is considered by a Platform moderator, who is entitled to conduct private correspondence with each party separately and to request evidence.

7.3. The decision on a dispute (in favour of the buyer, in favour of the seller, or cancellation of the trade) is taken by the moderator at the moderator's discretion on the basis of the information submitted and is final. The procedure for conducting disputes is detailed in the Platform Rules and the materials of the "Disputes and moderation" section.

7.4. 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. Discretionary Powers of the Platform

8.1. Sole discretion. The Platform takes decisions on registration, verification, the granting or restriction of access, the suspension of transactions, the freezing of funds, the refusal of a transaction or withdrawal, the initiation of a dispute, the blocking of an account and the termination of the relationship at its sole discretion. Such a decision is final and may be challenged solely through the Platform's internal procedure.

8.2. Non-disclosure of criteria. The Platform is not obliged to disclose to the user the reasons, grounds, methodologies, algorithms, data sources, weights and threshold values of the AML and risk assessment and of the decisions taken. A request for such disclosure may be rejected without explanation, including in order to prevent circumvention of control measures and in connection with the prohibition on disclosing information about AML/CFT measures.

8.3. Without prior notice. Freezing, blocking, restriction of functionality and other measures are applied immediately, without prior notice and without an obligation to provide explanations, unless otherwise expressly provided for by applicable law.

8.4. Right of refusal. The Platform is entitled to refuse service to any person at any time without giving reasons.

8.5. Freezing ≠ confiscation. The freezing, retention or restriction of operations with funds does not constitute their confiscation and is not aimed at depriving the user of the right of ownership. Switching the account to read-only mode preserves the user's access to history and correspondence; the balance is not seized in doing so. The return of funds is possible after the grounds for retention have been eliminated and upon confirmation of the lawfulness of their origin, unless otherwise follows from the instructions of competent authorities or from applicable law. A cancelled withdrawal results in the return of funds to the user's balance in the manner established by the Service. The Platform does not declare any right to the irrevocable seizure or confiscation of the user's funds.

8.6. The provisions of this section apply "to the maximum extent permitted by applicable law" and are to be construed together with Section 15.

9. Intellectual Property and Content

9.1. All rights to the Service, its software, design, texts, graphics, trademarks and other intellectual-property objects belong to the Platform and/or its rightholders. The user is granted a limited, revocable, non-transferable licence to use the Service exclusively for personal, non-commercial purposes within the functionality of the Service.

9.2. By placing content on the Platform, the user grants the Platform a free, non-exclusive licence, valid for the period permitted by applicable law, to use such content to the extent necessary for the functioning of the Service, the consideration of disputes, and compliance with AML/CFT requirements and applicable law.

9.3. The user warrants that the user holds the rights to the content placed and is responsible for its lawfulness.

10. Limitation of Liability and Indemnification

10.1. Acceptance of risks. By using the Service, the user confirms that the user has read the Risk Disclosure and the Fraud Warning, and understands and accepts in full the risks associated with cryptocurrency operations and P2P interaction.

10.2. Limitation of liability. To the maximum extent permitted by applicable law, the Platform is not liable for any direct or indirect losses, lost profit, loss of data or of the ability to use funds, or other adverse consequences caused by: the acts or omissions of counterparties and third parties; the application of control measures, freezing, restriction, blocking, or refusal of a transaction or withdrawal; dispute decisions; the unavailability, failures or discontinuation of the Service; rate fluctuations, the specifics of the operation of blockchain networks, or user errors (including an erroneous address or network).

10.3. The Platform's aggregate liability to the user, where it cannot be excluded by applicable law, is limited to the maximum permissible extent.

10.4. Indemnification. The user shall indemnify the Platform and its related persons for documented losses, costs and expenses (including reasonable legal, investigation and authority-liaison costs) and shall satisfy third-party claims arising from the user's breach of this Agreement or its integral parts, the user's provision of inaccurate information or the user's commission of prohibited actions.

10.5. Waiver of claims. The user waives in advance any claims against the Platform in respect of the discretionary powers and control measures lawfully exercised by it under this Agreement, to the maximum extent permitted by applicable law. This clause does not affect the user's right to the return of funds in accordance with clause 8.5.

10.6. The provisions of this section are not intended to exclude liability to the extent that such exclusion is not expressly permitted by applicable law; to that extent, the provisions apply to the maximum permissible degree.

11. Suspension, Restriction and Termination

11.1. The Platform is entitled to suspend or restrict access to the Service, switch the account to read-only mode, freeze transactions, refuse a transaction or withdrawal, or terminate the relationship with the user (block the account) at its sole discretion, including in the event of a breach of this Agreement or its integral parts, the existence of reasonable grounds for suspicion, or the requirements of AML/CFT or applicable law.

11.2. The measures under clause 11.1 may be applied immediately and without prior notice. Blocking does not entail the seizure of the balance; the provisions of clause 8.5 apply.

11.3. The user is entitled to cease using the Service at any time. Cessation of use does not relieve the user of obligations that arose before cessation and does not prevent the Platform from complying with AML/CFT requirements and applicable law (including retaining data within the established periods).

11.4. Provisions which by their nature are to operate after termination of the relationship (limitation of liability, indemnification, intellectual property, applicable law, confidentiality, data retention) remain in force.

12. Force Majeure

12.1. The Platform is not liable for the non-performance or improper performance of obligations caused by circumstances of force majeure, including: failures of blockchain networks, forks, reorganisations, 51% attacks; failures of infrastructure, providers or service providers; acts of authorities, changes in applicable law; cyberattacks, equipment and communication failures; other circumstances beyond the Platform's reasonable control.

12.2. For the duration of force-majeure circumstances, performance of the relevant obligations is suspended without liability of the Platform.

13. Notices and Communications

13.1. The Platform communicates with the user through the Service interface, email, linked channels (including Telegram) or by publishing information at the Service's addresses.

13.2. Legally significant notices relating to the terms of use and their amendments are deemed duly communicated from the moment the current version is published at the relevant address (clause 1.3).

13.3. The user undertakes to keep contact details current and independently bears the risk of non-receipt of notices due to their being out of date.

14. Personal Data, AML and Authority Requests

14.1. The processing of personal data is governed by the Privacy Policy. Anti-money-laundering and identification measures are governed by the AML/KYC Policy. The use of cookies is governed by the Cookie Policy.

14.2. The procedure for the Platform's interaction with competent and law-enforcement authorities is set out in the Procedure for Law-Enforcement Requests. The Platform is entitled not to notify the user of such interaction in cases where notification is prohibited by applicable law or is capable of impeding an investigation.

15. Severability and Survival

15.1. The recognition of any provision of this Agreement or of its integral part as invalid, unlawful or unenforceable does not entail the invalidity of the remaining provisions. An invalid or unenforceable provision is applied and construed to the maximum extent permitted by applicable law so as to achieve, as far as possible, its original legal and economic purpose; in all other respects the Agreement remains in force.

15.2. All strict and discretionary provisions of this Agreement apply "to the maximum extent permitted by applicable law". The Platform's failure to exercise, or delay in exercising, any right or measure does not constitute a waiver thereof.

15.3. Section headings are provided for convenience and do not affect interpretation. In the event of a discrepancy between language versions, the Russian-language version prevails, unless otherwise follows from applicable law.

16. Governing Law and Dispute Resolution

16.1. This Agreement, its integral parts and all relations arising in connection with the use of the Service are governed by the law of the Operator's country of registration, without regard to conflict-of-laws rules.

16.2. All disputes and disagreements are subject to settlement through a mandatory pre-action (pre-trial) procedure by sending a claim to the Platform. The period for considering a claim is determined by the Platform within reasonable limits.

16.3. Disputes not settled through the pre-action procedure are referred for resolution to arbitration at the agreed seat of arbitration in accordance with applicable law (the model of the arbitration clause to be determined by legal review). The user and the Platform agree on jurisdiction (prorogation clause) on the terms of this section.

16.4. The parties, to the maximum extent permitted by applicable law, waive participation in class (collective) actions in respect of disputes connected with the Service.

17. Amendments to the Agreement

17.1. BitMoment is entitled, at its discretion, to amend this Agreement and its integral parts in connection with the emergence of new risks, products or services, changes in applicable law or on other grounds.

17.2. The current version of the Agreement is published at /support/docs/user-agreement. The version history is available at /support/docs/user-agreement/history.

17.3. The procedure for accepting this Agreement and its integral parts and the legal consequences of their amendment are determined by Section 1 of this Agreement. Consent is expressed in the manner established by Section 1 and does not require separate confirmation for each version.

18. Contacts

For matters relating to this Agreement, identification, verification of the source of funds, the freezing of funds 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.