Brighty App Cryptocurrency Terms and Conditions

General

• The utilisation of cryptocurrencies involves a significant level of risk. As with any type of asset, the value of cryptocurrencies is volatile and can change rapidly without prior notice, as well as involves substantial risks including the partial or complete loss of funds when buying, selling, holding, or investing in cryptocurrencies.
• Cryptocurrencies and the network infrastructure enabling their operation, utilisation and transfer are also considered vulnerable to cyber-attacks.
• Additionally, cryptocurrencies are relatively new and either unregulated or only partially regulated in many different jurisdictions, with the national and international laws on cryptocurrencies changing rapidly.
• By using our cryptocurrency services, you acknowledge and agree that:
• You are aware of these risks associated with transactions in cryptocurrencies;
• That you assume all risks with respect to your use of the services and trading in cryptocurrencies;
• The Brighty App Companies are not responsible or liable for any such risks or any adverse outcomes directly or indirectly related to the latter. If you are in a country where the buying and selling of cryptocurrencies becomes illegal or becomes subject to any prohibitive legislation, our services may be suspended and no longer be offered to you.
• It is your sole responsibility to determine if you are lawfully allowed to buy, sell, hold or invest in cryptocurrencies wherever you are located at the time. You are solely responsible for paying any taxes owed due to the buying, selling, holding or investing in or of cryptocurrencies through our services. If you do not pay the legally required taxes or report your assets to the relevant tax authorities, you may face fines or other penalties.

Buying and Selling Cryptocurrencies

• An overview of the cryptocurrencies currently available via the Brighty Application, as well as relevant pricing information, can be found in the dedicated section of your Brighty App Account.
• The actual availability, as well as the price of the cryptocurrencies offered via the Brighty Application can change at any time and cannot be guaranteed by the Brighty App.
• You may buy, sell, hold and invest in cryptocurrencies via the Brighty Application. Depending on the services offered by the Brighty App at the time, the actual commission of the process of buying and selling, holding or investing in and of cryptocurrencies may require you to actively choose a particular type of offering of cryptocurrency, determine the amount or value of the chosen cryptocurrency and to confirm the process triggering the selling, buying, holding or investing.
• The pricing mechanism, as well as the fee and related direct and indirect charges resulting from the selling, buying, holding or investing of the cryptocurrency may change at any time, depending on overall market conditions, technical requirements or legal or regulatory requirements applicable prior to, during or after the actual commission of the process of buying and selling, holding or investing in and of cryptocurrencies.
• You may also buy, sell, hold and invest in cryptocurrencies via the Brighty Application by utilising any or all of the fiat currency services offered by the Brighty App at the time, if these or related services allow for the direct or indirect use of fiat currency to buy, sell, hold and invest in cryptocurrencies and vice versa.
• “Buying, selling, holding and investing in cryptocurrencies” shall include or cover any or all of the services offered by the Brighty App, including services offering direct or indirect cryptocurrency investment and “earning” features and mechanisms. This shall also include services such as so-called “earning vaults” utilising, among other types, cryptocurrencies referred to as “stablecoins”. Neither these, nor any of the other services offered by the Brighty App offer any guarantee of generating positive yield or protection against any or all loss of your funds now or in the future.

Storage of Cryptocurrencies

The cryptocurrencies are stored in pooled crypto wallets created and maintained by us.

Transfers and Spending

• You can spend cryptocurrencies through your Brighty App Multicurrency Account or your virtual or physical cards by converting them to traditional currencies, where available.
• We will determine the applicable conversion rate from time to time using the over the counter and exchange rates available to us.
• The applicable rate will be displayed to you on your Brighty App Account.
• If you transfer cryptocurrencies to a different crypto wallet that is not managed by us, you will no longer be able to manage those cryptocurrencies through the Brighty Application and Brighty App will not be able to help you to retrieve funds in case of erroneous withdrawal.
• You must ensure that the details and address of the crypto wallet that you provide to us when you withdraw any cryptocurrencies are correct. Sending cryptocurrencies to the wrong address may result in a loss of your cryptocurrencies and we will not be able to retrieve them for you.

Withdrawing Cryptocurrencies from your Brighty Earning Vault

• You can withdraw cryptocurrencies from your Brighty Earning Vault at any time using the applicable functionality on the Brighty Application.
• In case you withdraw cryptocurrencies from your Brighty Earning Vault, such cryptocurrencies will be stored in pooled crypto wallets created and maintained by our third-party wallet custodian – Fireblocks https://www.fireblocks.com/ , and you can manage those cryptocurrencies, in accordance with our Cryptocurrency Terms.

Fees

• You agree to pay us the fees provided through the Brighty App application's "Profile"—>"Limits and Fees" section which may be updated in Brighty App's sole discretion. Any such updated fees will apply prospectively to any transactions that take place following the effective date of such updated fees.
• You authorize us to remove any amounts from your account for any applicable fees owed by you under these Cryptocurrency Terms.

Availability of the Cryptocurrency Services

• The cryptocurrency services available on the Brighty Application may rely on networks and connections that are beyond our control, such as third-party cryptocurrency exchange platforms that we use to buy or sell cryptocurrencies.
• We do not control these third-party platforms and cannot guarantee that all the cryptocurrency functionalities of the Brighty Application will be available all the time, or that we will be able to buy your cryptocurrencies at the time of your request.
• The prices of cryptocurrencies can change rapidly, and we cannot guarantee that the value of the cryptocurrency you instruct us to buy or sell on your behalf through the Brighty Application will be the same price as displayed to you through the Brighty Application when you initiate the transaction. In case the latter occurs, we will ask you to confirm whether you would like to proceed with the transaction at the updated price.
• We may also suspend the cryptocurrency services of the Brighty Application for maintenance and will give you prior notice of this where possible.

Cryptocurrency Forks

Cryptocurrencies can be subject to sudden changes in operating rules – forks. If a fork occurs, we will coordinate with our cryptocurrency exchange partners to determine the best approach for Brighty Application users. Any decision made on behalf of Brighty Application users will be made at Brighty App’s sole discretion and we will inform you of such a decision.

Changes to these Cryptocurrency Terms and Conditions

We may change these Cryptocurrency Terms without notice to you by posting the updated Cryptocurrency Terms and Conditions on our website, and such changes shall take effect from the date posted. Where possible, we will notify you 20 days before the date of these changes. If you do not agree to the changes, you must stop using our services before the planned changes occur. By continuing to use the cryptocurrency services, you agree to be abided and be bound by the changes.

Liability and Indemnification

• IN NO EVENT WILL ANY BRIGHTY APP COMPANY OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE BRIGHTY APPLICATION OR OUR WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• IN NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF BRIGHTY APP, WHETHER IN CONTRACT OR TORT OR OTHERWISE FOR DAMAGES UNDER THESE TERMS EXCEED THE AMOUNT RECEIVED BY US FROM YOU.
• YOU UNDERSTAND AND AGREE THAT NO BRIGHTY APP COMPANY SHALL BE LIABLE AND YOU SHALL BE RESPONSIBLE FOR ALL LIABILITY IN CONNECTION WITH ANY FORCE MAJEURE EVENT, INCLUDING ACTS OF GOD, LABOUR DISPUTES, ELECTRICAL, TELECOMMUNICATIONS, HARDWARE, SOFTWARE OR OTHER UTILITY FAILURES, SOFTWARE BUGS, EARTHQUAKES, STORMS OR OTHER NATURE-RELATED EVENTS, BLOCKAGES, RIOTS, ACTS OT ORDERS OF GOVERNMENT, ACTS OF TERRORISM OR WAR, TECHNOLOGICAL CHANGE, CHANGES IN INTERESTS RATES OR OTHER MONETARY CONDITIONS.
• TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE US FROM RESPONSIBILITY, LIABILITY, CLAMS, DEMANDS AND/OR DAMAGES ARISING OUT OF OR RELATED TO DISPUTES BETWEEN YOU AND THE ACTS OR OMISSIONS OF THIRD PARTIES.
• TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS AND REIMBURSE US FROM AND AGAINST ANY AND ALL ACTIONS, PROCEEDINGS, CLAIMS AND DAMAGES INCURRED BY US ARISING FROM OR RELATING TO:
• YOUR USE OF THE BRIGHTY APPLICATION;
• YOUR RESPONSIBILITIES OR OBLIGATIONS UNDER THESE TERMS;
• YOUR BREACH OR VIOLATION OF THESE TERMS;
• ANY INACCURACY IN ANY REPRESENTATION OR WARRANTY BY YOU;
• YOUR VIOLATION OF ANY RIGHT OF ANY OTHER PERSON OR ENTITY;
• YOUR BREACH OR VIOLATION OF THE LAWS IN YOUR JURISDICTION;
• ANY ACT OR OMISSION COMMITTED BY YOU THAT IS NEGLIGENT, UNLAWFUL OR CONSTITUTES WILFUL MISCONDUCT.
• WE RESERVE THE RIGHT TO EXERCISE SOLE CONTROL OVER THE DEFENCE, AT YOUR EXPENSE, OF ANY CLAIM SUBJECT TO INDEMNIFICATION UNDER THIS CLAUSE.

Assignment of Rights

You shall not assign any of your rights under these Cryptocurrency Terms, and any such attempt will be void.

Complaints

Should you not be satisfied with cryptocurrencies services available on Brighty Application you may contact our support team at support@brighty.app

Termination

• You may to stop using our cryptocurrency services at any time by any notifying our support team at support@brighty.app
• Brighty App may terminate, change, suspend or discontinue your access to cryptocurrency services at any time by sending you a notice, which may take effects either immediately or on such later date as may be specified in the notice.
• Brighty App may also restrict, suspend or terminate your use of cryptocurrency services without any notice if we, at our sole discretion, believe you are in breach of the Cryptocurrency Terms or any other applicable Terms and Conditions or applicable law; we have reasons to believe that you are involved in any fraudulent activity, money laundering, terrorism financing or other criminal activity.
• We may also suspend your use of the cryptocurrency services at any time for security reasons or if we reasonably suspect that the cryptocurrency services have been or are being used without your authorization or fraudulently.
• We will try to give you advance notice of any suspension. Where advance notice is not possible, we will provide you with notice as soon as reasonably practicable thereafter.
• For the avoidance of a doubt, if your Brighty App Account is terminated or suspended, your access to the cryptocurrency services will also be terminated or suspended (as applicable).

Governing Law and Dispute Resolution

These Cryptocurrency Terms shall be governed by Lithuanian Law and the Parties irrevocably agree that any dispute arising out of or in connection with these Terms will be subject to and within the jurisdiction of Lithuania.