Terms and Conditions 
Alabama & Louisiana

Terms of Use Agreement

Please read carefully this Terms of Use Agreement (“Terms of Use”). These Terms of Use govern your use of (a) the website located at https://bitcoindepot.com/, any related websites or subdomains that display a link to these Terms of Use (collectively, “Website”) and are operated by Bitcoin Depot Operating, LLC d/b/a Bitcoin Depot, its affiliates or agents (“Bitcoin Depot,” “we,” “us” or “our”), and (b) the mobile application (“Application”) offered by Bitcoin Depot to be used in connection with Bitcoin Depot’s self-service kiosks (“Kiosks”). The Website, the Application, the Kiosks, and the information on the Website and Application are owned and/or controlled by Bitcoin Depot. These Terms of Use apply to all users (“Users”) visiting or using the Website, the Application, the Kiosks, or the services enabled through the Website, Application, or Kiosks in any way (all such information and services, including the Website and Application, the “Service(s)”).

BY USING ANY SERVICES, CREATING AN ACCOUNT AND FIAT WALLET (DEFINED BELOW), DOWNLOADING THE APPLICATION, CONNECTING A DIGTAL WALLET TO THE WEBSITE OR APPLICATION, AND/OR BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE AGREEMENT (AS DEFINED BELOW), (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH BITCOIN DEPOT, (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE THAT YOU HAVE NAMED AS THE USER, AND TO BIND THAT ENTITY TO THE TERMS OF USE; AND (4) YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES COMPLIES WITH THE LAWS OF YOUR JURISDICTION. THE TERM “YOU” REFERS TO THE INDIVIDUAL IDENTIFIED AS THE USER WHEN REGISTERED ON THE SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICES.

The Services provide an interface that allows Users to load and hold certain fiat currencies into a virtual wallet with Bitcoin Depot on the Services (“Fiat Wallet”), use funds in their Fiat Wallet to: (i) purchase cryptocurrency or other digital assets compatible with the Services (“Digital Assets”) and visualize Digital Assets associated with their Digital Wallet (defined below) (collectively, “User Assets”).; (ii) purchase gift cards; and (iii) pay for and access other financial products and services that we may make available from time to time. The Services may allow Users to interact with certain third-party distributed ledgers compatible with the Services (each, a “Supported Blockchain”) in accordance with the technological and contractual parameters of such Supported Blockchain (the applicable “Blockchain Rules”). The Supported Blockchains are independent, decentralized, open-source, software-based protocols. For the avoidance of doubt, the Supported Blockchains are not part of the Services made available by Bitcoin Depot under this Agreement. Bitcoin Depot has no obligation to monitor or control any use of the Supported Blockchains by you or any third party. Bitcoin Depot makes no representations or warranties about the functionality of the Supported Blockchains. All interactions on the Supported Blockchains are undertaken at your own risk, and Bitcoin Depot is not and shall not be liable to you or to any third party for any loss or damage arising from or connected to your or any third party’s use of any Supported Blockchain. Notwithstanding anything to the contrary set forth herein, the terms of Sections 10 through 12 of this Agreement apply to any claims arising out of your interaction with or inability to interact with any Supported Blockchain. THE SUPPORTED BLOCKCHAINS ARE MADE AVAILABLE BY US “AS IS” AND “WITH ALL FAULTS” AND YOU ACCESS, INTERACT WITH, AND/OR TRANSACT ON ANY SUPPORTED BLOCKCHAIN AT YOUR OWN RISK.

 

SECTION 16 CONTAINS PROVISIONS THAT GOVERN HOW TO RESOLVE DISPUTES BETWEEN YOU AND BITCOIN DEPOT. AMONG OTHER THINGS, SECTION 16 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 16 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 16 CAREFULLY.

UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS IN ACCORDANCE WITH SECTION 16: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE SERVICES WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF GEORGIA, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.

Your use of, and participation in, certain Services may be subject to additional terms (collectively, the “Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Agreement.

PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY BITCOIN DEPOT IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Bitcoin Depot will make a new copy of the Terms of Use available on the Services and any new Supplemental Terms will be made available within, or through, the affected Service. We will also update the “Last Updated” date at the top of the Terms of Use. If we make any material changes, we may notify you by email or by notification through the Services or through our social media channels, as allowed under applicable law. Any changes to the Agreement will be effective immediately for new users of the Services and will be effective immediately after delivering or posting notice, as applicable and allowed under applicable law, of such changes on the Services for existing Users. Bitcoin Depot may require you to provide consent to the updated Agreement in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving notice of such change(s), you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SERVICES TO VIEW THE THEN-CURRENT TERMS.

1.   DESCRIPTION OF THE SERVICES. There are important risks and limitations associated with the use of the Services as described below and elsewhere in these Terms of Use. Please read them carefully.

1.1   Fiat Currency Loads. The Services allow Users to load and hold supported fiat currency. In order for Users to add funds to their Fiat Wallet, Users may load supported fiat currency into their Fiat Wallet in-person through Kiosks. Users will be charged a fee in order to load funds into their Fiat Wallet; the amount of this fee will be based on the amount of fiat currency loaded into the Kiosk. Fiat currency supported by the Services and Kiosks are determined by Bitcoin Depot in its sole discretion, and Bitcoin Depot may change the supported fiat currency from time to time in its sole discretion. Bitcoin Depot may make available other methods for Users to fund their Fiat Wallet, including, but not limited to ACH or wire transfer, credit card, and debit card. Bitcoin Depot may change such payment methods from time to time in its sole discretion. Bitcoin Depot may, in its sole discretion, impose limits on the amount of fiat currency Users can load into their Fiat Wallet. Prior to accessing and using funds in their Fiat Wallet, Users must complete a “Know Your Customer Identification” (“KYC”) process described below in order to provide Bitcoin Depot with relevant information to verify the User’s identity.

1.2   Bitcoin Depot is not a bank, is not FDIC-insured, and does not take deposits. Any balance in a User’s Fiat Wallet represents unsecured claims against Bitcoin Depot that are not eligible for Federal Deposit Insurance Corporation (“FDIC”) pass-through insurance. Bitcoin Depot combines each User’s Fiat Wallet funds with the funds of other Users and invests those funds in liquid investments in accordance with state money transmitter laws. Bitcoin Depot owns the interest or other earnings on these investments. However, the claim against Bitcoin Depot represented by funds held in a User’s Fiat Wallet is not secured by these investments and Users do not have any ownership interest (either legal or beneficial) in these investments. These pooled amounts are held apart from Bitcoin Depot’s corporate funds, and Bitcoin Depot will neither use these funds for its operating expenses or any other corporate purposes nor will it voluntarily make these funds available to its creditors in the event of bankruptcy. Users will not receive any interest or other return on the funds held with Bitcoin Depot.

1.3   Digital Asset Exchange. After Users have funded their Fiat Wallet and completed the relevant KYC process, Users may connect a compatible third-party digital wallet (“Digital Wallet”) and purchase compatible Digital Assets using funds stored in such User’s Fiat Wallet. If a User does not have a Digital Wallet, the Services may create a Digital Wallet for such User. When purchasing Digital Assets through the Services, the Services will display the exchange rate between the fiat currency stored in a User’s Fiat Wallet and the Digital Asset the User wishes to purchase as well as any related fees for the transaction. If the User accepts the exchange rate, the Services will debit the funds stored in a User’s Fiat Wallet and deposit the purchased Digital Asset into the User’s Digital Wallet connected with its Account. Bitcoin Depot may, in its sole discretion and otherwise in accordance with applicable law, impose limits on the amount of Digital Assets a User can purchase or exchange through the Services. The Services may also enable Users to write transactions to be executed by their Digital Wallet on Supported Blockchains in accordance with the applicable Blockchain Rules in order to exchange one type of Digital Asset for another type of Digital Asset.

1.4   Gift Card Purchases. After Users have funded their Fiat Wallet and completed the relevant KYC process, they may also use the funds available to purchase gift cards for participating businesses. When purchasing gift cards through the Services, the Services will display the cost of each gift card plus any applicable fees. If a User completes a purchase, the gift card will subsequently be sent to the user, and corresponding funds will be debited from the User’s Fiat Wallet.

2.   ELIGIBILITY; USER REPRESENTATIONS AND WARRANTIES.

2.1   Registering Your Account. To access certain features of the Services, you may be required to register an account on the Services (“Account”). Notwithstanding anything to the contrary herein, you acknowledge and agree that you have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and will forever be owned by and inure to the benefit of Bitcoin Depot. Furthermore, you are responsible for all activities that occur under your Account. You shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Services by minors. You may not share your Account or password or PIN with anyone, and you agree to notify Bitcoin Depot immediately of any unauthorized use of your password, PIN, or any other breach of security. You agree not to create any username that violates this Agreement or any third party’s rights. You agree not to create an Account or use the Services if you have been previously removed by Bitcoin Depot, or if you have been previously banned from any of the Services.

2.2   Registration Data. When you access or use the Services in any way, you agree (a) to provide true, accurate, current and complete information about yourself as may be prompted by the Services from time to time (“Registration Data”); and (b) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You acknowledge and agree that our obligation to provide you with any Services is conditioned on the Registration Data being accurate and complete at all times during the term of this Agreement. If you provide any information that is untrue, inaccurate, not current or incomplete, or Bitcoin Depot has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Bitcoin Depot has the right to suspend or terminate your access to the Services and refuse any and all current or future use of the Services (or any portion thereof). You agree not to use the Services if you have been previously removed by Bitcoin Depot, or if you have been previously banned from any of the Services. Bitcoin Depot reserves the right to obtain and retain any Registration Data or other identifying information as it may determine from time to time in order for you to use and continue to use the Services. By providing Bitcoin Depot with Registration Data, you hereby authorize Bitcoin Depot to, directly or indirectly through third-party identification verification service providers, make any necessary inquiries we consider necessary to validate your identity.

2.3   KYC. PLEASE READ CAREFULLY THIS IMPORTANT INFORMATION ABOUT PROCEDURES BEFORE USING THE SERVICES. Bitcoin Depot reserves the right to obtain, verify, and record information that identifies each User who has an Account. When you engage in transactions on the Services, we may ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask for a copy of your driver’s license, Social Security Number, or other identifying documents. We reserve the right to require you to provide additional information and documents. Failure to provide such information or documentation upon request, as well as any other violation of this Agreement, may result in your removal from the Services, including a suspension or termination of your ability to use the Fiat Wallet. YOUR FUNDS LOCATED IN THE FIAT WALLET WILL NOT BE AVAILABLE TO YOU UNTIL ALL NECESSARY STEPS OF THE KYC PROCESS HAVE BEEN COMPLETED TO BITCOIN DEPOT’S SATISFACTION.

2.4   Eligibility.  You represent and warrant that:

(a)   You are (i) at least eighteen (18) years old; (ii) of legal age to form a binding contract; and (iii) a resident of the United States;

(b)   None of: (i) you; (ii) any affiliate of any entity on behalf of which you are entering into this Agreement; (iii) any other person having a beneficial interest in any entity on behalf of which you are entering into this Agreement (or in any affiliate thereof); or (iv) any person for whom you are acting as agent or nominee in connection with this Agreement is: (A) a country, territory, entity or individual named on an OFAC list as provided at http://www.treas.gov/ofac, or any person or entity prohibited under the OFAC programs, regardless of whether or not they appear on the OFAC list; or (B) a senior foreign political figure, or any immediate family member or close associate of a senior foreign political figure. There is no legal proceeding pending that relates to your activities relating to buying, selling, staking, or otherwise using cryptocurrency or any other token- or digital asset- trading or blockchain technology related activities; and

(c)   You have not failed to comply with, and have not violated, any applicable legal requirement relating to any blockchain technologies or token-trading activities or any other applicable laws, including, but not limited to, anti-money laundering or terrorist financing laws, and no investigation or review by any governmental entity is pending or, to your knowledge, has been threatened against or with respect to you, nor does any government order or action prohibit you or any of your representatives from engaging in or continuing any conduct, activity or practice relating to cryptocurrency.

2.5   Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the Services, including but not limited to, a mobile device and/or personal computer that is suitable to connect with and use the Services as applicable. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.

3.   YOUR ASSUMPTION OF RISK.

3.1   Risk of Financial Loss. WHEN YOU USE THE SERVICES, YOU UNDERSTAND AND ACKNOWLEDGE THAT BITCOIN DEPOT IS NOT A FINANCIAL OR INVESTMENT ADVISOR AND THAT THE SERVICES ENTAIL A RISK OF LOSS AND MAY NOT MEET YOUR NEEDS. The Services provided by Bitcoin Depot rely on Supported Blockchains and the applicable Blockchain Rules, which may not be reliable, consistent or dependent in all scenarios. Bitcoin Depot may not be able to foresee or anticipate technical or other difficulties which may result in data loss or other service interruptions. Bitcoin Depot encourages you to periodically confirm the valuation of your User Assets and the accuracy of any information about such User Assets through independent sources. Bitcoin Depot does not and cannot make any guarantee that your User Assets will not lose value. The prices of cryptocurrency assets can be extremely volatile. Bitcoin Depot makes no warranties as to any Supported Blockchain or the markets in which your User Assets are staked, transferred, purchased, or traded.

3.2   Cybersecurity Risks. You understand that like any other software, the Services could be at risk of third-party malware, hacks or cybersecurity breaches. You agree that it is your responsibility to monitor your User Assets regularly and confirm their proper use and deployment consistent with your intentions.

3.3   Expertise and Experience. You represent and warrant that you (i) have the necessary technical expertise and ability to review and evaluate the security, integrity, and operation of your Digital Wallet and any Supported Blockchains to which your User Assets may be deployed and staked in connection with the Services; (ii) have the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits, risks and applicable compliance requirements under applicable laws of any use of your Digital Wallet and any Supported Blockchains to which your User Assets may be deployed in connection with the Services; (iii) know, understand and accept the risks associated with your Digital Wallet and any Supported Blockchains to which your User Assets may be deployed in connection with the Services; and (iv) accept the risks associated with blockchain technology generally, and are responsible for conducting your own independent analysis of the risks specific to your use of the Services. You further agree that Bitcoin Depot will have no responsibility or liability for such risks.

3.4   General Risks of Blockchain Technology. In order to be successfully completed, any transaction involving your User Assets initiated by or sent to your Digital Wallet must be confirmed by and recorded on the applicable Supported Blockchain. Bitcoin Depot has no control over any Supported Blockchain and therefore cannot and does not ensure that any transaction details that you submit or receive via our Services will be validated by or confirmed on the relevant Supported Blockchain, and Bitcoin Depot does not have the ability to facilitate any cancellation or modification requests. You accept and acknowledge that you take full responsibility for all activities that you effect through your Digital Wallet and accept all risks of loss, including loss as a result of any authorized or unauthorized access to your Digital Wallet, to the maximum extent permitted by law. You further accept and acknowledge that:

(a)   There are risks associated with using digital assets, including but not limited to, the risk of hardware, software and Internet connections; the risk of malicious software introduction; the risk that third parties may obtain unauthorized access to information stored within your Digital Wallet; the risks of counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become untransferable; and the risk that such digital assets may fluctuate in value. You accept and acknowledge that Bitcoin Depot will not be responsible for any communication failures, disruptions, errors, distortions, delays or losses you may experience when using blockchain technology, however caused.

(b)   The regulatory regimes governing blockchain technologies, cryptocurrencies, and tokens are uncertain, and new regulations or policies, or new or different interpretations of existing regulations, may materially adversely affect the development of the Services and the value of your User Assets.

(c)   Bitcoin Depot makes no guarantee as to the functionality of any blockchain’s decentralized governance, which could, among other things, lead to delays, conflicts of interest, or operational decisions (including without limitation changes to any Blockchain Rules) that are unfavorable to your User Assets. You acknowledge and accept that the Blockchain Rules governing the operation of a Supported Blockchain may be subject to sudden changes which may materially alter such Supported Blockchain and affect the value and function of any of your User Assets staked on or to that Supported Blockchain.

(d)   Bitcoin Depot makes no guarantee as to the security of any Supported Blockchain or Digital Wallet. Bitcoin Depot is not liable for any hacks, double spending, or any other attacks on a Supported Blockchain or Digital Wallet.

(e)   Any Supported Blockchain may slash or otherwise impose penalties on certain validators (including validators to which your User Assets have been deployed) in response to any activity not condoned by such Supported Blockchain, whether in accordance with the applicable Blockchain Rules or otherwise. You acknowledge and agree that Bitcoin Depot shall have no liability in connection with any such slashing or penalties, including any slashing or penalties that result in a loss or depreciation of value of your User Assets.

(f)   The Supported Blockchains are operated or controlled by and/or dependent on third parties, and Bitcoin Depot is not responsible for their performance nor any risks associated with the use thereof. The functionality of the Services relies on, and Bitcoin Depot makes no guarantee or warranties as to the functionality of or access to, any Supported Blockchain, Digital Wallet, or Third-Party Service.

(g)   You control your Digital Wallet, and Bitcoin Depot is not responsible for its performance, nor any risks associated with the use thereof.

 

4.   USE OF THE SERVICES.

4.1   License to the Services. Subject to the Agreement, Bitcoin Depot grants you a non-transferable, non-exclusive, revocable, limited license to: (a) download and install the Application on a single mobile device owned or otherwise controlled by you (“Device”); (b) access, stream, download, and use, on such Device, the Services as made available through the Application solely for your own personal use and in accordance with the Agreement; (c) access and use the Services through the Website or Application; and (d) otherwise access and use the Services that are available independent of the Application and Website solely for your own personal use and in accordance with this Agreement. Unless otherwise specified by Bitcoin Depot in a separate license, your right to use any and all Services is subject to this Agreement. You acknowledge and agree that nothing set forth herein shall be construed as a sale of any ownership interest in or to the Services or any intellectual property rights associated therewith.

4.2   Certain Restrictions. The Services are intended for your personal use only. The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services, including the Website and Application; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Services (including images, text, page layout or form) of Bitcoin Depot; (c) you shall not use any metatags or other “hidden text” using Bitcoin Depot’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services. Any future release, update or other addition to the Services shall be subject to the Agreement. Bitcoin Depot, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of the Services may terminate the licenses granted by Bitcoin Depot pursuant to the Agreement.

4.3   Updates.  Bitcoin Depot reserves the right, at any time, to modify, suspend, or discontinue, in whole or in part the Services (including the Application) with or without notice to you (“Updates”), as allowed by applicable law. Such Updates may modify or delete in their entirety certain features and functionality. You agree that Bitcoin Depot will not be liable to you or to any third party for any Update or the effects thereof. Based on your Device settings, when your Device is connected to the internet either: (a) the Application will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates, and you acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that any and all future releases, Updates, or other additions to the functionality of the Application will be deemed part of the Application and be subject to all terms and conditions of the Agreement.

4.4   No Support or Maintenance. Except as otherwise provided herein or as required by applicable law, you acknowledge and agree the Bitcoin Depot will have no obligation to provide you with any support or maintenance in connection with the Application, Website, Kiosks, or other Services.

4.5   Third-Party Services. Certain features of the Services may rely on third-party websites, services, technology, or applications accessible or otherwise connected to the Services but not provided by Bitcoin Depot, such as our third-party identity verification providers (each, a “Third-Party Service” and, collectively, “Third-Party Services”). Notwithstanding anything to the contrary in these Terms of Use, you acknowledge and agree that (a) Bitcoin Depot shall not be liable for any damages, liabilities, or other harms in connection with your use of and/or any inability to access the Third-Party Services; and (b) Bitcoin Depot shall be under no obligation to inquire into and shall not be liable for any damages, other liabilities or harm to any person or entity relating to any losses, delays, failures, errors, interruptions or loss of data occurring directly or indirectly by reason of Third-Party Services or any other circumstances beyond Bitcoin Depot’s control, including without limitation the failure of a Third-Party Service.

4.6   Third-Party Application Access. With respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you shall only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple Media Terms of Service, except that such App Store Sourced Application may be accessed, acquired, and used by other accounts associated with the purchaser via Apple’s Family Sharing function, volume purchasing, or Legacy Contacts function. Notwithstanding the first sentence in this Section 4.6, with respect to any Application accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the Application on a shared basis within your designated family group.

 

5.  OWNERSHIP.

5.1   Services. You agree that as between you and Bitcoin Depot, Bitcoin Depot and its suppliers own all rights, title and interest in the Services and Kiosks including but not limited to, any software, computer code, algorithms, technology, themes, objects, concepts, artwork, animations, sounds, methods of operation, and documentation, as well as all intellectual and proprietary rights related thereto. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Services.

5.2   Trademarks. Any stylized name used on the Services, and all related graphics, logos, service marks and trade names used on or in connection with any Services, or in connection with the Services, are the trademarks of Bitcoin Depot and may not be used without permission in connection with your, or any third-party, products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.

5.3   Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Bitcoin Depot through its suggestion, feedback, wiki, discord, forum, or other pages or means (“Feedback”) is at your own risk and that Bitcoin Depot has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Bitcoin Depot a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Services and/or Bitcoin Depot’s business.

 

6.   USER CONDUCT. You agree that you are solely responsible for your conduct in connection with the Services. You agree that you will abide by this Agreement and will not (and will not attempt to): (1) provide false or misleading information to Bitcoin Depot; (2) use or attempt to use another User’s Fiat Wallet; (3) pose as another person or entity; (4) use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner; (5) develop, utilize, or disseminate any software, or interact with any API in any manner, that could damage, harm, or impair the Services; (6) bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Services; (7) attempt to circumvent any content-filtering techniques we employ; (8) collect or harvest data from our Services that would allow you to contact individuals, companies, or other persons or entities, or use any such data to contact such entities; (9) use data collected from our Services for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing); (10) bypass or ignore instructions that control all automated access to the Services; (11) use the Service for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates any applicable law or this Agreement; (12) carry out any illegal activities in connection with or in any way related to your access to and use of the Services, including but not limited to money laundering, terrorist financing, or deliberately engaging in activities designed to adversely affect the performance of the Services;; (13) use the Services to carry out any financial activities subject to registration or licensing, including but not limited to using the Services to transact in securities, debt financings, equity financings or other similar transactions except in strict compliance with applicable law; (14) use the Service to participate in fundraising for a business, protocol, or platform except in strict compliance with applicable law; (15) use counterfeit currency; (16) engage in or knowingly facilitate any “front-running,” “wash trading,” “pump and dump trading,” “ramping,” “cornering” or fraudulent, deceptive or manipulative trading activities; or (17) damage any Bitcoin Depot property, including any Kiosks. Any unauthorized use of any Services terminates the licenses granted by Bitcoin Depot pursuant to the Agreement.

 

7.   FEES.

7.1   Fees. Access to the Website and certain Services is free. However, Bitcoin Depot reserves the right to charge fees (“Fees”) in connection with your use of certain Services and/or Kiosks from time to time. Please see Appendix I Bitcoin Depot Long Form Disclosure for an overview of the Fees associated with your Fiat Wallet.

7.2   Taxes. You are responsible for all federal, state, local, sales, use, value added, excise, or other taxes, fees, or duties arising out of the Agreement or the transactions contemplated by the Agreement (other than taxes based on Bitcoin Depot’s net income).

 

8.   UNAUTHORIZED TRANSACTIONS.

8.1   An “Unauthorized Transaction” is a transfer of money from your Fiat Wallet balance made without your authorization and from which you receive no benefit. The term “Unauthorized Transaction” does not include a transfer of money initiated (1) by someone to whom you gave authority to make transfers when that person exceeds the authority you provided them or (2) by you with fraudulent intent or any person acting in concert with you.

8.2   What should you do if an Unauthorized Transaction occurs? If you believe that your credentials or PIN have been compromised or your Fiat Wallet-enabled device have been lost or stolen, please contact Bitcoin Depot customer support immediately by calling +1 (678) 435-9604, emailing us at Support@BitcoinDepot.com, or write to us: Bitcoin Depot Operating LLC, Attn: Customer Support, 2870 Peachtree Rd. NW #327, Atlanta, GA 30305.

Tell us AT ONCE if you believe your credentials or PIN have been compromised or your Fiat Wallet-enabled device have been lost or stolen, or if you believe that your Fiat Wallet has been accessed without your permission as you could lose all the money in your Fiat Wallet.

Also, if your transaction history shows transfers that you did not make, including those made by your credentials, PIN, Fiat Wallet-enabled device, or other means, tell us at once.

 

9.   ERROR RESOLUTION.

9.1   In Case of Errors or Questions About Your Electronic Transfers

Contact us by calling +1 (678) 435-9604, emailing us at Support@BitcoinDepot.com, or write to us:  Bitcoin Depot Operating LLC, Attn: Customer Support, 2870 Peachtree Rd. NW #327, Atlanta, GA 30305 as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on your account or receipt. We must hear from you no later than 60 days after the information was first available to you. . When you contact us:

    • Tell us your name and account number (if any).
    • Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
    • Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.

For errors involving new Fiat Wallets, we may take up to 90 days to investigate your complaint or question. For new Fiat Wallets, we may take up to 20 business days to credit your account for the amount you think is in error.

We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

 

10.   INDEMNIFICATION. You agree to indemnify and hold harmless Bitcoin Depot, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, an “Bitcoin Depot Party” and collectively, the “Bitcoin Depot Parties”) from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) your use of, or inability to use, any Services (including any Kiosk); (b) your violation of the Agreement, including any of your representations or warranties hereunder; (c) your violation of any rights of another party, including any Users; (d) your failure to provide accurate or complete data in connection with your use of the Services; and (e) your violation of any applicable laws, rules or regulations. Bitcoin Depot reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Bitcoin Depot in asserting any available defenses. This provision does not require you to indemnify any of the Bitcoin Depot Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with any Services provided hereunder. You agree that the provisions in this Section 10 will survive any termination of the Agreement and/or your access to Services.

 

11.   RELEASE. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU HEREBY RELEASE THE BITCOIN DEPOT PARTIES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION, WHATSOEVER, ARISING OUT OF OR RELATED TO ANY LOSS WHICH MAY BE SUSTAINED BY YOU WHILE USING, ARISING OUT OF, OR IN CONNECTION WITH THE USE OF THE SERVICES. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS RELEASE IS BINDING UPON YOUR RELATIVES, SPOUSE, HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, BENEFICIARIES, PARTNERS, AND ANY OTHER AFFILIATES OR INTERESTED PARTIES.

To the maximum extent permissible by applicable law, you waive and relinquish any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver, including any all rights and benefits which you have or may have under California Civil Code Section 1542 or any similar law or code in your jurisdiction, which states in substance “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” You acknowledge that the releases in these Terms of Use are intended to be as broad and inclusive as permitted by law, and as a complete and continuous release and waiver of liability for any and all use of the Services.

 

12.   DISCLAIMER OF WARRANTIES AND CONDITIONS.

12.1   As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF SERVICES IS AT YOUR SOLE RISK, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. BITCOIN DEPOT PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES. BITCOIN DEPOT PARTIES MAKE NO REPRESENTATION THAT THE SERVICES WILL FUNCTION AS INTENDED OR BE SUITABLE FOR YOUR PURPOSES, AND YOU BEAR ALL RISK ASSOCIATED WITH YOUR USE IN CONNECTION THEREWITH.

(a) BITCOIN DEPOT PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (i) SERVICES WILL MEET YOUR REQUIREMENTS; (ii) YOUR USE OF SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF SERVICES WILL BE ACCURATE OR RELIABLE. BITCOIN DEPOT MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE APPLICATION, WEBSITE, OR SERVICES, OR YOUR USE OF THE SAME. THE BITCOIN DEPOT PARTIES MAKE NO REPRESENTATION THAT THE SERVICES WILL BE FREE OF THIRD-PARTY MALWARE, HACKS OR OTHER CYBERSECURITY BREACHES.

(b) ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS THEREFROM.

(c) THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. BITCOIN DEPOT MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BITCOIN DEPOT OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

12.2   Liability.  If Bitcoin Depot does not complete a transfer to or from your Fiat Wallet for the correct amount or if it does not complete the transaction in a timely manner according to these Terms of Use, it will be liable for your losses or damages except where:

(a) your Fiat Wallet balance has insufficient funds through no fault of Bitcoin Depot;

(b) the funds are subject to legal process or other encumbrance restricting such transfer;

(c) the information supplied by you which is needed to complete a transaction is incorrect;

(d) Bitcoin Depot has reason to believe that you did not authorize the transaction or it is potentially unlawful or suspicious activity;

(e) your system is not working properly and you knew about the technical malfunction when you started the transaction;

(f) Bitcoin Depot requires additional information to complete the transaction, including but not limited to “Know Your Customer” (KYC) data from you, or any additional information necessary in order to complete the transaction;

(g) an act of God or other circumstance beyond Bitcoin Depot’s control; or

(h) otherwise permitted under state or federal law.

12.3   FROM TIME TO TIME, BITCOIN DEPOT MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT BITCOIN DEPOT’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION 12 APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.

12.4   No Guarantee of Fiat Counting Accuracy. Kiosks are designed and maintained with the goal of achieving a high degree of accuracy in counting fiat currency. However, Bitcoin Depot does not guarantee that your fiat currency will be counted with perfect accuracy. Variances may arise because of, among other things, debris inserted into the Kiosk, deformities in fiat currency, mechanical damage to the Kiosk, a software malfunction, a power interruption, or otherwise abnormal operating conditions. If you believe that your fiat currency has been counted inaccurately, you agree to follow the dispute resolution procedures in Section 16 below, which includes, among other procedures, providing notice to Bitcoin Depot of any issues with accuracy within thirty (30) days of your transaction, and resolving any disputes through arbitration. As explained in more detail in Section 16, you specifically waive your right to sue in court, a jury trial or to bring a class action.

12.5   No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT BITCOIN DEPOT PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK OR HOLD BITCOIN DEPOT PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. BITCOIN DEPOT SHALL BE UNDER NO OBLIGATION TO INQUIRE INTO AND SHALL NOT BE LIABLE FOR ANY DAMAGES, OTHER LIABILITIES OR HARM TO ANY PERSON OR ENTITY RELATING TO ANY LOSSES, DELAYS, FAILURES, ERRORS, INTERRUPTIONS OR LOSS OF DATA OCCURRING DIRECTLY OR INDIRECTLY BY REASON OF CIRCUMSTANCES BEYOND BITCOIN DEPOT CONTROL.

12.6   No Liability for Blockchain Losses. WE TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF DIGITAL ASSETS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (a) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (b) SERVER FAILURE OR DATA LOSS; (c) CORRUPTED DIGITAL WALLET FILES; (d) UNAUTHORIZED ACCESS TO APPLICATIONS; (e) REMOVAL OF ANY USER CONTENT ASSOCIATED WITH SUCH DIGITAL ASSETS; (f) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICES, DIGITAL ASSETS, OR DIGITAL WALLETS (g) ASSETS STOLEN BY MEANS OR PHYSICAL OR VIRTUAL THEFT, OR (h) TRANSFERRING ASSETS TO ANY DIGITAL WALLET OUTSIDE YOUR OWNERSHIP OR CONTROL. Bitcoin Depot is not responsible for any losses or harms sustained by you due to vulnerability or any kind of failure, abnormal behavior of any Supported Blockchains, software (e.g., smart contract), blockchains, or any other features of or inherent to digital assets. Bitcoin Depot is not responsible for any delay or failure to report any issues with any blockchain supporting digital assets, including without limitation forks, technical node issues, or any other issues that result in losses of any sort.

12.7   No Liability for Third-Party Materials. As a part of the Services, you may have access to materials that are hosted or made available by another party. You agree that it is impossible for Bitcoin Depot to monitor such materials and that you access these materials at your own risk.

12.8   All claims, content, designs, algorithms, estimates, roadmaps, specifications, and performance measurements described in the Services are done in the good faith efforts of Bitcoin Depot and its affiliates. It is up to you to check and validate their accuracy and truthfulness. Furthermore, nothing in the Service constitutes a solicitation for investment. Any content produced by Bitcoin Depot has not been subject to audit and is for educational and inspiration purposes only. Bitcoin Depot does not encourage, induce, or sanction the deployment, integration, or use of the Service in violation of applicable laws or regulations and hereby prohibits any such deployment, integration or use. This includes use of any such applications by you (a) in violation of export control or sanctions laws of the United States or any other applicable jurisdiction, (b) if you are located in or ordinarily resident in a country or territory subject to comprehensive sanctions administered by OFAC, or (c) if you are or are working on behalf of a Specially Designated National (“SDN”) or a person subject to similar blocking or denied party prohibitions. You should be aware that U.S. export control and sanctions laws prohibit U.S. person (and other persons that are subject to such laws) from transacting with persons in certain countries and territories or that are on the SDN list.

12.9   No Liability in Connection with Open-Source Software. Notwithstanding anything to the contrary in these Terms of Use, you acknowledge and agree that any software or services you access under the terms of an OSS License is at your own risk, and Bitcoin Depot shall not be liable for any damages, other liabilities or harm to any person or entity relating to any losses, delays, failures, errors, interruptions or loss of data occurring directly or indirectly by reason of circumstances outside beyond Bitcoin Depot control, including without limitation through your use of any content under the terms of an OSS License.

 

13.   LIMITATION OF LIABILITY.

13.1   Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL BITCOIN DEPOT PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT BITCOIN DEPOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR USE OF SERVICES OR ANY COMMUNICATIONS, INTERACTIONS OR EXCHANGES WITH OTHER USERS OF SERVICES OR THIRD PARTIES THAT INTERACT WITH THE SERVICES, ON ANY THEORY OF LIABILITY, INCLUDING ANY SUCH DAMAGES RESULTING FROM: (a) THE USE OR INABILITY TO USE SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE SERVICES; (e) ANY USE OF THE SUPPORTED BLOCKCHAIN; OR (f) ANY OTHER MATTER RELATED TO SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A BITCOIN DEPOT PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A BITCOIN DEPOT PARTY’S GROSS NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A BITCOIN DEPOT PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

13.2   Cap on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, BITCOIN DEPOT PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (a) $100; OR (b) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES WHERE SUCH REMEDY OR PENALTY CANNOT BE WAIVED OR REDUCED PURSUANT TO THIS AGREEMENT. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A BITCOIN DEPOT PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A BITCOIN DEPOT PARTY’S GROSS NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A BITCOIN DEPOT PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

13.3   Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

13.4   Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BITCOIN DEPOT AND YOU.

 

14.   MONITORING AND ENFORCEMENT. If Bitcoin Depot becomes aware of any possible violations by you of the Agreement, Bitcoin Depot reserves the right to investigate such violations. If, as a result of the investigation, Bitcoin Depot believes that criminal activity has occurred, Bitcoin Depot reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Bitcoin Depot is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including any information related to your Fiat Wallet and other Registration Data, in Bitcoin Depot’s possession in connection with your use of Services, (a) to comply with applicable laws, legal process or governmental request; (b) to enforce the Agreement (c) to respond to your requests for customer service, or (d) to protect the rights, property or personal safety of Bitcoin Depot, its Users or the public, and all enforcement or other government officials, as Bitcoin Depot in its sole discretion believes to be necessary or appropriate.

 

15.   TERM AND TERMINATION.

15.1   Term. The Agreement commences on the date when you accept the Agreement (as described in the preamble above) and remains in full force and effect while you use Services, unless terminated earlier in accordance with the Agreement.

15.2   Prior Use. Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of (a) the date you first used Services or (b) the date you accepted the Agreement, and will remain in full force and effect while you use any Services, unless earlier terminated in accordance with the Agreement.

15.3   Termination of Services by Bitcoin Depot. Bitcoin Depot reserves the right to terminate this Agreement and your access to the Services at any time, for any or for no reason, with or without notice to you.

15.4   Termination of Services by You. If you want to terminate the Services provided by Bitcoin Depot, you may do so by (a) notifying Bitcoin Depot at any time and (b) ceasing all further use of the Services. Your notice should be sent, in writing, to Bitcoin Depot’s email address set forth in Section 17.18. Once notice of your termination has been received by Bitcoin Depot, we will process it and effectuate the cancellation within a reasonable period of time.

15.5   Effect of Termination. If you have a balance in your Fiat Wallet, you must transfer any funds before we complete the closure of your Account to the extent permitted by law. Upon termination of any Service, your right to use such Service will automatically terminate immediately. Bitcoin Depot will not have any liability whatsoever to you for any suspension or termination. All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, indemnification and limitation of liability. When you close your Fiat Wallet, we may cancel any transactions that have not been completed, and you will remain liable and responsible for any and all obligations related to your Account, even after the Account is closed.

15.6   Recovery of Funds. You authorize us to recover funds from you in accordance with these Terms and any other agreement you have with us, including if you owe amounts to us or for reason of fraud or illegal activity. You authorize us to debit, charge, setoff against and otherwise recover funds from your Fiat Wallet balance. If we are unable to recover the funds, we may attempt to contact you or may take other legal actions to collect the amounts due, to the extent allowed by applicable law. You understand that our recovery of these funds may cause your Fiat Wallet balance to become negative.

15.7   No Subsequent Registration. If your ability to access the Services, is discontinued by Bitcoin Depot due to your violation of any portion of the Agreement, then you agree that you shall not attempt to re-register with or access the Services, and you acknowledge that you will not be entitled to receive a refund for any Fees related to those Services to which your access has been terminated.

 

16.   DISPUTE RESOLUTION. Please read this Section 16 (“Arbitration Agreement”) carefully. It is part of your contract with Bitcoin Depot and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

16.1   Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement (including Section 16.2, which shall apply notwithstanding any laws or rules in your jurisdiction that may prohibit mandatory or compelled arbitration), you and Bitcoin Depot agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Services or the Terms of Use and prior versions of the Terms of Use, including claims and disputes that arose between us before the effective date of these Terms of Use (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (1) you and Bitcoin Depot may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or Bitcoin Depot may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Terms of Use as well as claims that may arise after the termination of these Terms of Use.

16.2   Informal Dispute Resolution. There might be instances when a Dispute arises between you and Bitcoin Depot. If that occurs, Bitcoin Depot is committed to working with you to reach a reasonable resolution. You and Bitcoin Depot agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and Bitcoin Depot therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference. The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Bitcoin Depot that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to the contact information set forth in Section 17.18. The Notice must include: (1) your name, telephone number, mailing address, and e‐mail address; (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this Section 16.2.

16.3   Waiver of Jury Trial. YOU AND BITCOIN DEPOT HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Bitcoin Depot are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 16.1. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

16.4   Waiver of Class and Other Non-Individualized Relief. YOU AND BITCOIN DEPOT AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 16.9, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section 16.9. Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this Section 16.4 are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Bitcoin Depot agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the courts of the state of Georgia, sitting in Atlanta, Georgia. All other Disputes shall be arbitrated or litigated in small claims court. This Section 16.4 does not prevent you or Bitcoin Depot from participating in a class-wide settlement of claims.

16.5   Rules and Forum. The Terms of Use evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution Conference process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and Bitcoin Depot agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with the Consumer Arbitration Rules (“AAA Rules”) then in effect, except as modified by this Section 16.5. The AAA Rules are currently available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. A party who wishes to initiate arbitration must provide the other party with a request for arbitration (“Request”). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration (if applicable) as well as the applicable Digital Wallet address; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution Conference process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. Unless you and Bitcoin Depot otherwise agree, or the Batch Arbitration process discussed in Section 16.9 is triggered, the arbitration will be conducted in the county where you reside. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely as set forth in the applicable AAA Rules. You and Bitcoin Depot agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

16.6   Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in Georgia and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under Section 16.9 is triggered, the AAA will appoint the arbitrator for each batch.

16.7   Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to Section 16.4, including any claim that all or part of Section 16.4 is unenforceable, illegal, void or voidable, or that Section 16.4 has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in Section 16.9, all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in Section 16.9. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

16.8   Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Bitcoin Depot need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution Conference process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.

16.9   Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Bitcoin Depot agree that in the event that there are one hundred (100) or more individual Requests of a substantially similar nature filed against Bitcoin Depot by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Bitcoin Depot. You and Bitcoin Depot agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

16.10   30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the email address set forth in Section 17.16, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, email address, Digital Wallet address (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms of Use will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

16.11   Invalidity, Expiration. Except as provided in Section 16.4, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Bitcoin Depot as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

16.12   Modification. Notwithstanding any provision in these Terms of Use to the contrary, we agree that if Bitcoin Depot makes any future material change to this Arbitration Agreement, it will notify you. Unless you reject the change within thirty (30) days of such change become effective by writing to Bitcoin Depot at the email address set forth in Section 17.18, your continued use of the Services, including the acceptance of products and services offered on the Services following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms of Use and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Services, any communications you receive, or these Terms of Use, the provisions of this Arbitration Agreement as of the date you first accepted the Terms of Use (or accepted any subsequent changes to these Terms of Use) remain in full force and effect. Bitcoin Depot will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms of Use.

16.13   Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

16.14   Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Bitcoin Depot.

 

17.   GENERAL PROVISIONS.

17.1   Additional Terms. Bitcoin Depot’s State Disclosures, Refund Policy, and Privacy Policy are hereby incorporated into this Agreement. You agree to be bound by the terms contained therein.

17.2   Abandoned Property. In accordance with our legal obligations under unclaimed property laws, in the event that your property is deemed abandoned, prior to escheating your property to the appropriate state or jurisdiction, we will attempt to notify you and provide you with an opportunity to retrieve your property. If you would like to claim your property once we have escheated it, please contact the applicable state’s unclaimed property administrator.

17.3   Confidentiality.  We will disclose information to third parties about your Account and Fiat Wallet or the transfers you make: (i) where it is necessary for completing transfers; (ii) in order to comply with government agency or court orders; (iii) as permitted by law; or (iv) otherwise in accordance with Bitcoin Depot’s Privacy Policy.

17.4   Independent Contractors. The relationship of Bitcoin Depot and you under this Agreement is that of independent contractors. Notwithstanding anything else set forth herein, neither party will be deemed to be an employee, agent, partner or legal representative of the other for any purpose and neither will have any right, power or authority to create any obligation or responsibility on behalf of the other. Your use of the Services shall not imply, suggest, or otherwise attempt to create an employment relationship between Bitcoin Depot and you.

17.5   Electronic Communications. The communications between you and Bitcoin Depot may take place via electronic means, whether you send Bitcoin Depot e-mails, or whether Bitcoin Depot posts notices on Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Bitcoin Depot in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Bitcoin Depot provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.

17.6   Release. You hereby release Bitcoin Depot Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Services, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of Services.

17.7   Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Bitcoin Depot’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

17.8   Force Majeure. Bitcoin Depot shall not be liable for any delay or failure to perform resulting from causes outside its control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, epidemics, pandemics, governing laws, rules or regulations, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

17.9   Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to Services, please contact us at the email address listed in Section 17.18. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

17.10   Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Bitcoin Depot agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the courts of courts of Georgia, sitting in Atlanta, Georgia.

17.11   Governing Law. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF GEORGIA, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.

17.12   Choice of Language. It is the express wish of the parties that the Agreement and all related documents have been drawn up in English.

17.13   Notice. Where Bitcoin Depot requires you to provide an e-mail address, you are responsible for providing Bitcoin Depot with your most current e-mail address. In the event that the last e-mail address you provided to Bitcoin Depot is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Bitcoin Depot’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Bitcoin Depot at the email address listed in Section 17.18. Such notice shall be deemed given when received by Bitcoin Depot by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

17.14   Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

17.15   Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

17.16   Export Control. You may not use, export, import, or transfer Services except as authorized by the laws of the jurisdiction in which you access Services, and any other applicable laws.

17.17   Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

17.18   Contact Information.

Bitcoin Depot Operating, LLC

Address: 2870 Peachtree Rd. NW #327, Atlanta, GA 30305

Email: Support@BitcoinDepot.com

 

17.19   Business Days. Bitcoin Depot considers a “business day” to be any weekday, excluding federal holidays.

 

 

Appendix I

Bitcoin Depot Fiat Wallet Long Form Disclosure

List of all fees for Fiat Wallet Account:

All fees

1.   Adding Money 

    • Cash loading at Kiosk
      • Fee Amount - 10% of Cash Deposit
      • Details - Fees apply each time you load cash into your Fiat Wallet Account using a Bitcoin Depot Kiosk.

 

2.   Spend Money

    • Gift Card Purchases
      • Fee Amount - $1
      • Details -  Applied when gift card is purchased using the Bitcoin Depot mobile Application.
  •  
    • Digital Asset Purchases
      • Fee Amount - 20% mark-up of the digital asset’s underlying value.
      • Details - Applied relative to the digital asset’s price as listed on a publicly available digital asset exchange.

 

3.   Get Information

    • Customer service (automated, live agent)
      • Fee Amount - $0
      • Details - No fee for calling our automated customer service line. Your Fiat Wallet is not eligible for FDIC pass-through insurance.

 

Your Fiat Wallet is not eligible for FDIC pass-through insurance.

Bitcoin Depot is not a bank and is not FDIC insured.

No overdraft/credit feature.

 

Contact Bitcoin Depot Operating LLC by calling +1 (678) 435-9604, by mail at 2870 Peachtree Rd. NW #327, Atlanta, GA 30305, or email us at: Support@BitcoinDepot.com.

 

For general information about prepaid accounts, visit cfpb.gov/prepaid.

If you have a complaint about a prepaid account, call the Consumer Financial Protection Bureau at 1-855-411-2372 or visit cfpb.gov/complaint.

 

*Date of Last Revision: September 3, 2025