Europe

Please read these Terms and Conditions ("Terms and Conditions") carefully before accessing and using the website www.bnka.com and/or the BNKA application. BNKA is not a financial institution, merchant, creditor, charity, advisor, or broker of any kind.

These Terms and Conditions apply to operations performed by authorized users through the BNKA application and/or platform, which is owned by Block Digital UAB, a company incorporated under the laws of Lithuania, with its registered office at Kalvariju g. 125, Vilnius, Lithuania, licensed to operate under the regulations as a virtual asset service provider (VASP). BNKA has created the BNKA App and the BNKA web platform (collectively the "Platform").

This contract governs the provision of services offered on this App through the use of “IBAN” (“Virtual IBAN Account”).

The Company reserves the right to review these T&Cs at any time, updating and/or modifying them. The User must regularly read these Terms and Conditions carefully and comprehensively, as they may be modified. The Company may modify these T&Cs at any time by posting the modified terms on the Site, and they will be presumed accepted by the User as long as they continue to use the Site.

All modifications to the T&Cs will be considered tacitly accepted. 

In case of disagreement by the User, the Company will proceed to close the User's Account upon the User's request for instructions on the disposition of the Assets registered in their Account; until the Company receives such instructions, the Account will remain blocked.

Introduction

1.1 These Terms and Conditions ("Terms and Conditions") govern the access and use of the website www.bnka.com and the BNKA mobile application (together, the "Platform").

1.2 BNKA is not a financial institution, bank, credit institution, electronic money institution, merchant acquirer, creditor, charity, investment advisor, portfolio manager, or broker of any kind.

1.3 The Platform is owned and operated by Block Digital UAB, a company incorporated under the laws of Lithuania, with registered office at Kalvariju g. 125, Vilnius, Lithuania, which is authorised and supervised in Lithuania as a virtual asset service provider (VASP). BNKA has created the BNKA App and BNKA web Platform (collectively, the "Platform").

1.4 These Terms and Conditions apply to operations performed by authorised users ("Users" or "you") through the Platform. They regulate:
- Your use of the Platform and of your BNKA user account (the "BNKA Account")
- Your use of virtual IBAN functionality and related payment flows that BNKA arranges for you via third party providers.

1.5 This contract governs the provision of services offered on the Platform through the use of a Virtual IBAN Account, which is a technical feature that allows BNKA to receive and send funds using payment accounts held in BNKA s name with third party payment service providers. You do not become a direct client of those third party providers.

1.6 The Company reserves the right to review these Terms and Conditions at any time. The updated version will be made available on the Site and/or in the App. Your continued use of the Platform after any change will be deemed acceptance of the modified Terms and Conditions.

1.7 If you do not agree with any modification, you must stop using the Platform and request the closure of your BNKA Account. Upon your request, the Company will provide instructions for the disposition of any remaining assets. Until such instructions are received and processed, your BNKA Account may be blocked for new operations.

Account

2.1 Block Digital UAB is authorised as a virtual asset service provider. BNKA provides services related to virtual assets, and a technology Platform that allows Users to view balances, initiate certain operations, and access information.

2.2 BNKA does not itself:
- Issue electronic mone
- Provide payment services as defined under the EU Payment Services Directive (PSD2)
- Operate as a bank or take deposits.

2.3 To enable certain euro funding or withdrawal operations, BNKA may use one or more third party payment service providers or electronic money institutions authorised in the European Economic Area (Payment Partners). These Payment Partners provide payment services to BNKA only, not to you.

2.4 Funds received or paid out in connection with your Virtual IBAN Account are processed through payment accounts held in the name of BNKA or another group entity with Payment Partners. You instruct BNKA, and BNKA in turn instructs its Payment Partners. You do not enter into a direct contractual relationship with any Payment Partner and you are not their client.

2.5 BNKA may change, add, or replace Payment Partners at any time without prior notice to you, provided this does not adversely affect your rights under mandatory consumer law.

Scope of the Agreement

3.1 By registering as a customer to use the Platform, you accept these Terms and Conditions for the use of the Platform and any services provided by BNKA through it.

3.2 Your BNKA Account is a record kept by BNKA that shows:- your balances in virtual assets- your balances in fiat currency that BNKA holds for you via its Payment Partners- the history of operations and instructions you submit through the Platform.

3.3 The Agreement is entered into between you and Block Digital UAB only. No third party obtains any contractual rights under this Agreement as a service provider to you.

3.4 The Agreement is for an indefinite term and will remain in force until terminated by you or by BNKA in accordance with these Terms and Conditions.

Eligibility

4.1 To be eligible to register and hold a BNKA Account you must:
- Be a private individual
- be at least eighteen (18) years old
- reside within the European Economic Area
- use a phone number issued by an operator within the European Economic Area
- successfully complete BNKA s onboarding and know your customer (KYC) procedures.

4.2 You may only use your BNKA Account for personal purposes and for lawful activities. You may not be listed on or associated with any sanctions list, including sanctions lists of the EU, UN, or OFAC.

Opening your BNKA Account and KYC

5.1 To open a BNKA Account, you must accept these Terms and Conditions and complete the onboarding process.

5.2 During onboarding you will be asked to provide information and documents about yourself (KYC Information). BNKA may also obtain information from external sources to verify your identity and assess whether it can offer you services.

5.3 BNKA uses automated tools and, where necessary, manual review to assess your application. BNKA may approve or reject your application in its sole discretion. If your application is rejected, the Agreement will not enter into force or will be deemed terminated.

5.4 You warrant that all KYC Information and other information you provide is authentic, up to date, true, and correct. BNKA may request updated or additional KYC Information at any time. Your continued use of the Platform is conditional upon you providing satisfactory KYC Information when requested.

5.5 BNKA may suspend or restrict your BNKA Account, or terminate the Agreement and close your BNKA Account, if you fail to provide satisfactory KYC Information or if BNKA considers that continuing to provide services would breach applicable law, internal policies, or regulatory expectations.

5.6 You must notify BNKA Customer Support without undue delay of any changes to your contact details, address, or other information relevant to your use of the Platform.

Customer support and complaints

6.1 BNKA provides customer support services relating to your BNKA Account and Platform use (BNKA Customer Support). You can contact BNKA Customer Support at: https://support.bnka.com/hc/es/requests/new

6.2 BNKA will aim to respond to complaints as soon as reasonably possible and, in any event, within the time limits required by applicable law. If more time is needed due to the complexity of the case, BNKA will inform you and provide an updated timeline.

6.3 If your complaint relates to any product or service purchased from a merchant using fiat or virtual assets, you must address such issues directly to the relevant merchant or service provider. BNKA is not responsible for the quality, safety, or legality of third party products or services.

Personal data

7.1 To provide the Platform and your BNKA Account, BNKA collects and processes personal data as data controller in accordance with applicable data protection law, including the General Data Protection Regulation (GDPR).

7.2 BNKA also processes certain personal data as data processor on behalf of its Payment Partners, where necessary for them to perform regulated payment services to BNKA.

7.3 Detailed information on how BNKA processes your personal data, your rights as data subject, and how to exercise them is available in BNKA s Privacy Policy, which forms part of these Terms and Conditions.

Virtual IBAN and fiat operations

8.1 BNKA may make available to you one or more Virtual IBANs. A Virtual IBAN is a unique reference assigned to you and linked to BNKA s own payment accounts with its Payment Partners.

8.2 When someone sends funds to your Virtual IBAN, the funds are credited to a payment account held in BNKA s name. BNKA then credits the corresponding amount to your BNKA Account and records it as fiat balance available to you, subject to these Terms and Conditions.

8.3 When you instruct BNKA through the Platform to send a payout, BNKA debits your fiat balance and instructs its Payment Partners to execute a payment from BNKA s payment account to the recipient you specified.

8.4 You acknowledge that:
- your legal claim is against BNKA for the amount shown in your BNKA Account
- you do not have a direct payment account relationship with any Payment Partner
- you are not a client or customer of any Payment Partner for the purposes of PSD2 or electronic money legislation.

8.5 BNKA may impose limits on the use of Virtual IBANs and fiat operations based on regulatory, risk, or operational considerations. BNKA may reject or delay any operation where it reasonably believes that processing it would breach law, sanctions, or internal risk policies.

Rejected transactions, refunds, and unauthorised use

9.1 BNKA may reject, reverse, or block any transaction to or from your BNKA Account if BNKA believes that it breaches these Terms and Conditions, applicable legislation, sanctions, or internal risk rules.

9.2 If you believe an operation related to your BNKA Account has been executed incorrectly, please contact BNKA Customer Support as soon as possible and no later than the timeframe indicated in BNKA s policies or any applicable law.

9.3 BNKA will investigate reported errors and, where it is responsible for the error, will correct the records in your BNKA Account. Where third party providers or other financial institutions are involved, BNKA will use reasonable efforts to assist you but cannot guarantee that funds will be recovered.

9.4 You must notify BNKA Customer Support without undue delay if you suspect any unauthorised access or unauthorised transaction in relation to your BNKA Account or credentials.

9.5 If an unauthorised transaction occurs because you failed to keep your device, login, or security credentials safe, you may be liable for losses in accordance with applicable law.

Fees and charges

10.1 BNKA s fees and charges are displayed in the Platform or otherwise notified to you. By using the Platform you agree to pay all applicable fees.

10.2 BNKA may pass through to you any third party costs, including scheme fees, correspondent bank fees, currency conversion costs, or charges applied by Payment Partners or other intermediaries.

10.3 Fees will be debited from your BNKA Account at the time of the relevant operation or periodically, as indicated in the pricing information.

10.4 If your BNKA Account does not contain sufficient funds to cover applicable fees or charges, you must add funds without delay. BNKA may block or limit operations and, where necessary, take action to recover any unpaid amounts.

Account security

11.1 You are responsible for keeping your BNKA Account and login credentials secure. In particular, you must:
- keep your passwords, PINs, and other security credentials confidential and separate from your device
- use strong and unique passwords and update them regularly
- ensure that only your own biometrics are registered on your device if you enable biometric login
- immediately contact BNKA Customer Support if you suspect unauthorised use, loss of device, or compromise of credentials.

11.2 BNKA uses technical and organisational measures designed to protect your BNKA Account against unauthorised access and fraud. BNKA may require multi factor authentication and may block or limit access where it detects unusual or high risk activity.

Changes to the Agreement and closure of your BNKA Account

12.1 BNKA may amend these Terms and Conditions, for example to reflect new products, changes in law, or regulatory requirements. Where required by law, BNKA will notify you at least two (2) months before a material change takes effect.

12.2 If you do not accept the proposed changes, you may terminate the Agreement and request closure of your BNKA Account before the effective date. Continued use of the Platform after the effective date will be deemed acceptance of the amended Terms and Conditions.

12.3 You may terminate the Agreement and close your BNKA Account at any time without penalty, subject to settlement of any pending operations and payment of fees due.

12.4 BNKA may terminate the Agreement and close your BNKA Account on three (3) months prior notice for any reason.

12.5 BNKA may suspend or close your BNKA Account with immediate effect if:
- you materially breach these Terms and Conditions or applicable law
- BNKA is required to do so by a court, regulator, or sanctions authority
- BNKA has reasonable grounds to suspect fraud, money laundering, terrorist financing, or other criminal activity
- there is an ongoing investigation that requires BNKA to restrict access to funds.

12.6 Before closing your BNKA Account, BNKA will inform you of the process to withdraw any remaining balances, unless prevented by law.

Additional legal terms

13.1 Negative balances. Your BNKA Account is not intended to be overdrawn. If, for technical or operational reasons, a negative balance arises, you must fund your BNKA Account within five (5) business days to restore the balance to zero or above.

13.2 Changes to technical details. BNKA may change technical details such as Virtual IBAN references or internal account identifiers. BNKA will notify you in advance where reasonably possible. After such change you must stop using the old details.

13.3 Inactivity. If your BNKA Account has no user initiated activity for more than six (6) months, BNKA may treat the account as inactive and may close it after notifying you, subject to any legal retention obligations.

13.4 Intellectual property. BNKA grants you a limited, non exclusive, non transferable, revocable licence to use the Platform for personal use in accordance with these Terms and Conditions. All intellectual property rights in the Platform, BNKA brand, software, content, logos, and designs remain with BNKA or its licensors. You may not copy, modify, reverse engineer, distribute, or use BNKA s intellectual property except as permitted in these Terms and Conditions.

13.5 Limitation of liability. To the extent allowed by law, BNKA is not liable for: 
- indirect or consequential losses such as loss of profit, business, data, goodwill, or reputation 
- losses resulting from compliance with legal or regulatory obligations
- losses caused by interruptions, delays, or errors in networks, systems, or third party services
- losses due to malware, phishing, or other malicious activity where BNKA has implemented reasonable security measures
- losses resulting from your failure to keep your BNKA Account and credentials secure
- actions or omissions of third party providers, including Payment Partners and merchants.

13.6 Force majeure. BNKA shall not be responsible for any failure or delay in performing its obligations where such failure or delay is due to events beyond its reasonable control, such as natural disasters, war, civil unrest, cyber attacks, strikes, or regulatory actions.

13.7 Assignment. You may not assign or transfer your rights or obligations under these Terms and Conditions. BNKA may assign or transfer its rights and obligations to another group entity or third party, subject to applicable law.

13.8 No waiver. Any failure by BNKA to exercise a right or remedy under these Terms and Conditions does not constitute a waiver of that right or remedy.

13.9 Severability. If any provision of these Terms and Conditions is found invalid or unenforceable, the remaining provisions will continue in full force and effect.

Governing law and dispute resolution

14.1 These Terms and Conditions and any non contractual obligations arising out of or in connection with them are governed by the laws of France, without prejudice to mandatory consumer protection rules that may apply based on your country of residence.

14.2 If you are dissatisfied with any aspect of the BNKA services, you should first contact BNKA Customer Support. BNKA will try to resolve your complaint in good faith.

 14.3 Subject to your statutory consumer rights, disputes that cannot be resolved through BNKA s internal complaints process may be brought before the competent courts as determined by applicable law. If mandatory consumer law grants you the right to sue in the courts of your place of residence, that right remains unaffected.