These Terms and Conditions govern the operations carried out 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, and licensed to operate under the regulations as a Virtual Asset Service Provider (VASP).
These "Terms and Conditions" (T&C) and any other conditions published on this website for the provision of services by BNKA are applicable to any person with legal capacity who contracts BNKA services through the website, the App (iOS/Android), or its electronic wallet platform (hereinafter, the Platform). These GENERAL CONDITIONS, to operate both on our platform and in the downloadable application for any smartphone operating system, must be accepted by the user. By accepting them, the user implies that they have read the terms and conditions in full, understood, and accepted them.
This contract regulates the provision of services offered on this website using the benefits of Blockchain technology. From this platform, you can access, among others, payment services, request the opening of accounts or virtual wallets, make alternative investments through the purchase and sale of digital tokens, and all the services offered on the constantly updated platform, make top-ups and reloads, payments, withdrawals, advance requests, and other transactions involving fund movements related to the use of the App, request the issuance of prepaid cards associated with BNKA (hereinafter, BNKA Cards), control payments made through the App and with Cards linked to the App owned by the User, make money transfers to other users through the App, transfer money to different accounts, receive money transfers from third parties when this service is available, make payments in stores via QR code, pay bills, request new cards or unsubscribe from the App and/or Cards linked to the User or the User's registration, reload services enabled in the App, and communicate through the App's own messaging service with customer service. All other products and services that BNKA may offer at any time.
It is expressly stated that funds deposited in payment accounts do not constitute deposits in a financial institution and do not enjoy any of the guarantees that such deposits may have under applicable deposit legislation and regulations.
The Company reserves the right to review these T&C at any time by updating and/or modifying them. The User must read these Terms and Conditions carefully and comprehensively on a regular basis, as they may undergo changes. The Company may modify these T&C at any time by publishing the modified terms on the Website, and they will be deemed accepted by the User as long as they continue to use the Website.
All modifications to the T&C will be considered tacitly accepted. If the User disagrees, the Company will proceed to close the User's Account upon receiving instructions from the User on the destination of the Assets registered in their Account; until such instruction is received, the Account will remain blocked.
The platform allows the USER to use any of the services described on it. BNKA will be responsible for the correct provision of services through the Platform, complying with all applicable legal regulations. The user agrees to use the Platform responsibly, exempting BNKA from any liability arising from improper, erroneous, or illegal use of the Platform or for the purpose of committing illegal actions.
The service can only be acquired by persons over the age of eighteen who have full legal capacity to contract and sufficient capacity to enter into these Terms and Conditions, and it cannot be used for illegal purposes. By way of example, illegal purposes include transferring or receiving payments for illegal activities, transferring funds that constitute money laundering or terrorism financing under applicable law, or that have been obtained through illegal activities; transferring funds for the purpose of financing illegal activities, and transferring funds to avoid confiscation by law enforcement agencies, tax evasion, or under a court order. Minors cannot contract BNKA's services or acquire user status. By accepting these terms and conditions, the user acknowledges that their acceptance will be considered a sworn statement. In cases where the user accesses the platform on behalf of and representing a legal entity, the user accepts and declares that they have sufficient representation powers to bind the legal entity or company they represent in contracting services. In these cases, BNKA will have the authority to request the necessary documentation to demonstrate such representation. If the user's access on behalf of the legal entity is satisfactory, any service requests made by the user will be imputable to the Legal Entity, and BNKA will assume that they were made by the latter. Acquiring User status implies reading and express and unconditional acceptance of the Terms and Conditions described herein, as well as any other conditions that may be presented on the platform. The user can access the BNKA Platform services using the username and password that will be generated during the registration process when subscribing to these Terms and Conditions. The generated username and password that will allow the user to identify themselves and use the BNKA Platform services are strictly personal and confidential. The user will be responsible for maintaining their confidentiality. Consequently, the user expressly accepts and acknowledges that the services used with their identification keys are carried out by the registered user, unless the user has previously reported the loss or theft of such keys, in which case they must proceed to change them immediately. The password can be freely modified by the user through the procedures BNKA has established for this purpose. The replaced password will be void as a means of identification at the moment the new one is generated. BNKA may block access and use of the Platform services when deemed necessary for security reasons.
The terms and conditions will come into effect when the following conditions are met: The user has agreed to them by clicking the "I have read and accept the TERMS AND CONDITIONS" button enabled on the Platform or in the Application.
The Privacy Policy of the BNKA website must be accepted in conjunction with these terms and conditions. The information you provide is necessary to provide the services offered by the platform. The required data will be processed in accordance with the applicable legislation on Personal Data Protection.
The Platform may contain links to third-party websites that are governed by their conditions, unrelated to this platform. BNKA is not responsible for the operations that users may carry out through these third-party entities unrelated to BNKA.
Transactions in cryptoassets are carried out directly, without intermediaries. Cryptoassets do not have legal backing from any government. Each transaction made between users on its network is recorded, and a digital signature is created to prevent fraud and counterfeiting, which is stored on the network permanently. Due to complex encryption and security procedures, the counterfeiting or theft of cryptoassets is highly unlikely, but there is a risk that procedures or software may fail. Payments made by the user in cryptoassets are irreversible, and computer errors in legitimate cryptoasset payments are very low as the system performs checks to avoid them. Most payment errors are caused by human error when entering incorrect data, so BNKA is not responsible for transfers made by users. BNKA may apply the fees or costs specified for these cases in the event of user errors.
9.1 To use the Service, the User must register and create a personal account on BNKA, through the BNKA Web or App, following the appropriate steps:
Users guarantee and are responsible, in any case, for the truthfulness, accuracy, completeness, validity, and authenticity of the provided data, particularly the Personal Data. They also commit to keeping this data updated.
9.2 BNKA uses different security and identity verification systems with our users. For this purpose, we are supported by Sumsub. Additionally, we conduct our identity verification process beyond the indications of this provider.
BNKA may reject a registration request, cancel or suspend (temporarily or permanently) an existing registration if it detects:
This decision will not generate any rights to compensation or indemnity for the User (or potential User).
9.3. Only one account can be obtained per User. Each account opened on BNKA is personal, unique, and non-transferable, and its sale, assignment, or transfer is prohibited. The User cannot allow or authorize the use of their account by third parties. In cases where the user is a legal entity, it will use its services through its legal representative, who must prove this status as required by BNKA when registering the user.
9.4. Users are responsible for maintaining the confidentiality of their BNKA account information. This includes, among others: (i) email and password for access; (ii) activity and transactions; or (iii) operation key. Users agree to immediately notify BNKA of any unauthorized access to or use of their account or any other security breach of their account. This notification will be made by contacting BNKA Support through the following link: https://support.bnka.com/hc/es/requests/new. Any transaction made with the User's account and unique operation key will be considered performed by the latter.
9.5. BNKA may cancel or suspend the Users' accounts when: (i) the User attempts to transfer funds or make charges from a credit/debit card they do not own; (ii) the User's card issuer attempts to reverse a charge from a Transaction; (iii) the User provides incorrect or false information about themselves, their debit or credit card details, or a Recipient; (iv) the User violates this contract; (v) if there are reasons to conclude that a Transaction was made for illegal purposes, or (vi) in similar circumstances.
10.1 General Guidelines
BNKA has the freedom at any time to accept and/or reject any transaction requested through the services offered on the platform; it may also impose limits on the allowed transaction amounts or make any other modification to the use of services without prior notice when deemed necessary.
10.2 Cancellation of transactions by the user.
The user may only cancel their initiated transaction request if it occurs before BNKA executes the transaction. Otherwise, they will not be able to modify, withdraw, or cancel the order for BNKA to carry out the requested transaction. The user cannot reverse the operation in these cases.
10.3 Electronic wallet or wallet.
10.3.1 BNKA offers its users the electronic wallet service, which will allow the user to perform exchange operations they desire between the different types of cryptocurrencies accepted on the platform as well as between cryptocurrencies and legal tender (fiat).
10.3.2 Deposits. Fiat money deposits can only be made by bank transfer. Once the steps for making deposits on our platform have been completed, BNKA will verify that they have been correctly and completely fulfilled and will also verify that the bank transfer has been credited. The maximum credit period is 72 business hours.
10.3.3 Fiat Withdrawals. As long as there is enough balance available in your wallet to make a withdrawal, you must follow the instructions on the website. Before making a FIAT withdrawal, the user must register their banking details. Once registered, they must indicate the fiat currency in which they want to make their withdrawal and specify the previously registered bank account to which BNKA will transfer the funds. The commission for the service and the amount the user will receive will be automatically calculated in the operation. The maximum withdrawal execution period is 72 business hours.
10.4 Operating currencies on the platform.
On the BNKA platform, you can operate with the main cryptocurrencies recognized in the market and with a large number of fiat currencies. The cryptographic values and fiat money with which transactions can be made on the platform will be displayed on our website, with constantly updated available options, so that this information will be available to the user before proceeding with requests. The User understands and accepts that BNKA limits itself to offering the crypto asset buying and selling service, but has no responsibility or liability for the value and/or volatility of these assets.
In general, money transfer transactions will be paid in the currency of the destination country. BNKA will display the exchange rate at the start of the Transaction so that the user who has accepted and completed the Transaction knows how much will be credited to the destination account. However, it should be clarified that BNKA is not responsible if the entity of the destination account applies additional deductions for the credited amount. Exchange rates may vary throughout the day. The specific exchange rate for each Transaction will be explicitly indicated during the contracting process by the User after selecting the destination currency, entering the amount they want to transfer, and clicking on the calculation link specifically provided on the BNKA Web or App. The applied exchange rate will remain fixed for a certain period from its calculation. If the User does not order the Transaction within that time, they must recalculate it. The exchange rates used in the Transactions will be applied and calculated in a neutral manner that is not discriminatory towards the Users of the Services. The currency will be converted at the time of transfer, and the recipient will receive the amount in foreign currency determined in the Transaction.
10.5 The user may not transfer money from countries considered "tax havens" in compliance with directives and regulations on money laundering prevention and terrorism financing. The following countries are considered high-risk for these operations, and transactions cannot be made from them: Albania, Balkans, Barbados, Belarus, Burma, Burundi, Burkina Faso, Cambodia, United Arab Emirates, Philippines, Haiti, Iran, Cayman Islands, Jamaica, Jordan, Mali, Malta, Morocco, Nicaragua, Pakistan, Panama, Democratic People's Republic of Korea, Senegal, Syria, Turkey, Ukraine, Yemen, Zimbabwe.
10.6 INDEPENDENCE OF THE PARTIES. The user acknowledges and accepts that BNKA does not act as their agent, intermediary, or advisor, and therefore no notice or information provided will be understood as advice.
The Services are provided via the Internet through the App, using devices owned by the User, and with the participation of third-party providers of complementary services such as, for example, payment processors, prepaid and credit card networks, and providers of automated data processing services.
12.1. The use of the platform's Services will incur the commissions and expenses established and listed in the "commissions" section of the BNKA Web and App.
12.2. Before the User authorizes the Transaction, complete and detailed information on the applicable commissions, expenses, and exchange rates, as well as the maximum Transaction execution period, will be provided, giving the user full knowledge of the service's cost.
12.3. Regardless of the commissions and expenses charged by BNKA, Transactions may be subject to additional fees or taxes imposed by competent authorities in the country of origin, competent authorities in the destination country, or the financial entity in the destination country where the Recipient's account is located.
12.4. In some recipient countries, local taxes and service charges may be imposed at the time of account credit. In the case of account deposits, the recipient's bank or account provider may charge for receiving money into their account.
13.1. The User will transfer the necessary funds to BNKA to execute the Transaction using the following system:
Bank transfer: The User must provide the access and authentication data necessary for the entity where they hold a bank account to authorize a transfer to the collector hired by BNKA for the full amount of the Transaction (including commissions and expenses). This mode of funds transfer will only be possible if the User is the holder of a bank account. The User authorizes BNKA to make charges and credits to their bank account or prepaid card for the amount of the Transaction, including any agreed and accepted commission or expense. The User also authorizes charges and credits to correct errors in the previous amounts charged. BNKA is not responsible for additional costs incurred by entities outside BNKA for using their bank accounts or credit/debit cards to execute the Transaction. BNKA is also not responsible for additional information obligations required by other entities.
13.2. BNKA will not advance the Transaction amount or grant loans for its execution. Before BNKA executes the authorized Transaction, the user must have transferred the funds subject to the Transaction (including BNKA's commission) to BNKA. If BNKA executes a Transaction duly ordered by the User and later discovers that their prepaid card does not have credit, or their account or virtual wallet does not have sufficient funds, the User will be responsible for the full amount of the Transaction, including BNKA's commission and any other associated expenses.
14.1. The Services will be provided in accordance with this contract. However, BNKA may refuse to provide the Services when it is impossible to execute them, or as established in this contract, and particularly when:
If BNKA refuses to provide the Service for the above reasons, it will inform the User of the causes unless there is a legal impediment. BNKA assumes no liability for damages resulting from the non-execution of a Transaction for these reasons.
14.2. BNKA assumes no liability for:
14.3. BNKA will execute the Transaction by crediting the agreed amount to the Recipient's account within the following maximum periods from the time the User has provided BNKA with the necessary funds:
14.4. When the Transaction has been fully executed, the User will receive an email indicating the completed operation, detailing the price and any associated costs.
15.1. The User may only use the Service if they are of legal age (18 years), have full legal capacity, and have control over the funds subject to the Transaction.
15.2. To use the Service, the User must accept and comply with this contract and have the Transaction amount, including commissions, fees, and associated costs, in their virtual wallet.
15.3. The User will use the Service by accessing their personal area on the BNKA Web or App with their email address and password and will confirm the Transaction with their unique operation key. The password, username, and unique operation key cannot be used by anyone other than the User. The User will be responsible for keeping their username, password, and unique operation key secure, as well as for all Transactions made with their user account. Please never share your password, operation key, or write it down anywhere.
If the User detects unauthorized use or any other security breach of their BNKA account, they will immediately notify BNKA. As soon as we are informed that unauthorized use of your username, password, or unique operation key has occurred, we will take the necessary steps to prevent further use of this information. We will inform you of these steps immediately after taking them and will communicate the reasons for them unless there are legal reasons preventing us from doing so. We are not responsible for any loss or damage resulting from the failure to comply with your obligations set out in this clause.
15.4. THE USER ACCEPTS AND WARRANTS THAT:
Specifically, the User will not use the BNKA App or Web: (i) for purposes other than ordering Transactions; (ii) using automated systems; (iii) to disrupt the activities of others; (iv) in a way that interrupts, destroys, or limits the functionality of computer software or hardware or telecommunications equipment; (v) to hinder or interfere with the provision of Services; (vi) to violate the rights of third parties, or (vii) for purposes analogous to the above.
By taking responsibility for all operations carried out in their user account, the user exempts BNKA from any liability.
15.5. The User agrees that BNKA may provide their information and details of Transactions to regulatory and governmental authorities or organizations and entities when required by law; or if the provided information may help prevent fraud, money laundering, or any other fraudulent activity.
The App, Services, and Content may only be used for lawful purposes.
BNKA specifically prohibits any use of the App, Services, or Content for:
17.1 The user declares that they know and have full capacity to understand the operation, characteristics, and risks of using services supported by blockchain technology. They also declare that they know the risks associated with the exchange of cryptoassets and the fluctuations in their value that may lead to an increase or loss of their investment. The user declares that they have full capacity and freedom to make the decisions they deem appropriate to operate on the platform. Under no circumstances will BNKA be liable for any damages that the user may suffer from conducting operations on the platform, and the user will have no right to claim against BNKA for the loss of their values due to action or omission by the user. Under no circumstances does BNKA provide financial, tax, economic, or any other related advice regarding cryptoasset operations under blockchain technology. Therefore, BNKA is not responsible for the results obtained by users when operating on and/or through the platform. The user acknowledges that all cryptocurrency transactions are unique and irreversible.
BNKA is not responsible for failures in the internet network, blockchain networks of cryptocurrencies, banks, or for any hacker attacks on software that result in the loss or disappearance of the user's cryptoassets. The user agrees to indemnify BNKA in all cases for any loss, modification, or variation in the values of the user's cryptoassets. The user declares that they are aware that banks or entities providing banking accounts for users may be involved in transactions, and in such cases, any loss of fiat money owned by users will be the responsibility of those banking entities.
17.2 Liability for Unauthorized Transactions by the User.
17.2.1. If the User has not authorized a transaction with their personal account on BNKA, they must notify BNKA immediately. If BNKA has not notified the User of the information about the unauthorized Transaction, the User must report such an unauthorized Transaction within a maximum of 24 business hours.
BNKA will refund the User the amount of the Transaction (including commissions and expenses), provided that they comply with their notification obligations for the unauthorized Transaction, and when the circumstances described in section 16.1.2 do not apply.
17.2.2. The User will be liable for all losses and damages caused by an unauthorized Transaction when they intentionally or grossly negligently violate the obligations assumed in this contract. For example, the User will be deemed to have engaged in the above conduct when: (i) they do not take appropriate measures to maintain the confidentiality of the password to access their BNKA personal profile or operation key; (ii) they do not keep secure or disclose Transaction details; (iii) they do not immediately notify BNKA of the loss of Transaction data, or (iv) they do not notify in time of the unauthorized use of their BNKA account.
17.3 Transactions Not Executed or Incorrectly Executed.
If the Transaction is not executed or is incorrectly executed for an unjustified reason, BNKA will refund the User the Transaction amount (including commissions and expenses paid by the User to BNKA). The refund of the amounts owed to the User under the above concept will occur within a maximum period of fifteen (15) business days.
17.4 Liability Exclusions.
BNKA assumes no liability for damages caused by unusual and unforeseeable events over which it has no control and whose consequences, despite exercising due diligence, could not have been avoided; for example, telecommunications line failures, civil unrest, war, or other events such as industrial actions or lockouts.
Once made, the operations carried out by the User cannot be revoked. BNKA's confirmation will be sent through a confirmation message for each specific operation, which will be displayed in the App at the end of each transaction. The User releases BNKA from all liability for operations carried out through their User Account and guarantees to indemnify BNKA for any claims, damages, and/or losses arising directly or indirectly from the use of their User Account.
The User may express their intention to cancel BNKA's services at any time through the Deactivation and/or Withdrawal Button. The user will express their intention to discontinue the service but will not be able to terminate the contract until they have fulfilled all their payment obligations to BNKA, and all outstanding obligations must be settled before proceeding with the mentioned deactivation.
Even if the contract has expired, BNKA will execute pending Transactions on the termination date, provided that the User has paid the amount of pending Transactions, including all due expenses and commissions.
The BNKA Web and App may contain links to third-party websites and/or applications.
BNKA does not endorse or guarantee the content of these Third-Party Sites. BNKA is not responsible for the content of Third-Party Sites and makes no claims regarding the content and/or accuracy of these Third-Party Sites. If you choose to access Third-Party Sites, you do so at your own risk.
Communications between BNKA and the User will take place via email and the phone number provided when contracting the Services.
The User agrees that email is a valid and effective means of communication, primarily. Therefore, the User must ensure the availability of this communication channel. In this regard, they cannot justify their lack of response by claiming a lack of access to their email account. They also cannot claim the non-receipt of an email when the sender of the email has proof that it was sent properly with an acknowledgment of receipt.
On the other hand, the User may communicate with BNKA in the following cases through the following means: contacting the support center: https://support.bnka.com/hc/es/requests/new
The User may submit their inquiries by contacting the support center: https://support.bnka.com/hc/es/requests/new. In this contact, the User will state the purpose of their request and the reasons for it. The BNKA Customer Service will process the inquiry or complaint impartially, seeking to resolve it as soon as possible. The maximum period for resolving submitted complaints is two (2) months from the date of submission.
If the Users' request is rejected by Customer Service or the two (2) months' period passes without a response, the User may submit their claim to the relevant administrative body representing consumer and user rights.
Contracting the Service implies the Users' express acceptance of the processing of their personal data and all data transfers described. For more information, please consult our Privacy and Personal Data section.
These terms and conditions will be governed by the legal provisions of Lithuania. The competent Courts and Tribunals in accordance with current legislation will resolve any conflict between BNKA and the Users.
