BIRAKE Terms and Conditions

1. Introduction

A. These terms and conditions of use (Terms) apply to the Birake website and associated applications (the Platform) and the services (Services) operated and provided by Birake Exchange LLC located in Georgia.

Birake Exchange LLC is the operator of the Birake Cryptocurrency Exchange Platform, related applications, and its services. It has a license for activities in the field of financial services and consulting, including Offshore Forex and Brokerage; Payment Processing and electronic wallets; Crypto-related activities; Crypto – FIAT exchange and vice versa; Electronic Money Issuance; Hosting of a crypto trading/lending/exchange platform services.

B. These Terms, the Platform, and the Services allow you to:

A. buy, sell, and exchange supported Coins through the Platform;

B. store supported Coins in our hosted Wallets.

C. In these terms Birake, we, us or our means Birake Exchange LLC, and you or your means the person accessing or interacting with the Platform and/or the Services.

D. Other capitalised words used in these Terms have the meaning set out in the Glossary.

E. Please read these Terms carefully. By accessing our Platform and/or Services and/or creating an Account with us, you are agreeing to be bound by these Terms. If you do not agree to these Terms, you must immediately stop using the Platform or any Service. In particular, by agreeing to these Terms you are confirming that:

A. you have read, understood and acknowledge our Birake Risk Statement (including the risks disclosed) and Privacy Policy;

B. you have legal capacity and all necessary authority to enter into these Terms; and

C. you have sufficient knowledge and experience, and understand the risks involved, in Coins, to enable you to evaluate the terms, value and risks associated with any Transactions you enter into through the Platform.

2. Understanding Your Risks

Trading in Coins is speculative and high risk. You may lose some or all of any money or Coins that you hold or transact using the Platform. You should not trade Coins unless you can afford to lose your investment without hardship. Please read the Birake Risk Statement carefully for a summary of some of the risks that you must understand before you use the Platform or Services.

See clause 12 below for an explanation of how our liability is limited in some cases.

3. Eligibility

You can use the Platform and our Services only if you meet, and continue to meet, the following criteria:

a. you are legally entitled to do so under the law of the country you are in, or any other relevant jurisdiction;

b. if you are an individual, you are 18 years or older;

c. if you are an entity, you are correctly formed or incorporated and in good standing;

d. you have the capacity and authority to agree to these Terms; and

e. you provide all information (including identity information) required by us to open your Account or at any time afterwards that we need to meet our obligations under law or regulation.

If at any time you do not meet these criteria, you must stop using the Platform and the Services. We can close or suspend your Account at any time where you do not meet these criteria (see clause 4 below).

4. Your Account

1. Opening an Account

a. To use the Platform and our Services, you must open an Account by completing our process through the Platform. We can decline to open an Account or provide a Service, without notice and for any reason.

b. We will require proof (satisfactory to us) of your identity when you open an account, to enable us to meet our obligations under Applicable Law (in particular any anti-money laundering or countering financing of terrorism requirements). In addition, we may ask for such other information as we consider is necessary or desirable for us to obtain before we open an Account, and by applying for an Account you agree to provide us with any such information and authorise us to use your personal information to make enquiries to verify your identity either directly or through third parties.

c. We can change our Account opening process from time to time and without notice.

d. You agree that you will provide accurate, complete and truthful information wherever we require you to provide information, including as part of the Account opening process.

2. Using Your Account

a. Your Account comprises your Coin Balances (see clause 5 below) and includes a record of all of your Transactions.

b. You agree to accept responsibility for all activities that occur under your account or password.

c. You must maintain the confidentiality and security of any information that can be used to access your Account. For this purpose, you must:

i. not share your password, login information, or other security related information with any other person that may allow them to access your Account;

ii. not permit any other person to use or access your Account or login information;

iii. notify us if there has been, or you suspect there will be, any unauthorised use of your Account; and

iv. only create one Account, and not register as a user under multiple names (whether false or not).

d. Third parties may masquerade as a legitimate Birake site, social media account, telephone support number or App, in order to steal your credentials (phishing). We do not accept any liability, either directly or indirectly, for any loss resulting from accounts that have been compromised via phishing or any other scheme.

i. We recommend that all users enable dynamic two factor authentication to prevent unauthorised account use.

ii. Birake site passwords should be unique to Birake and should never be stored insecurely on any personal device.

iii. You must only access your Account through the official Birake website (birake.com).

e. You understand that anyone accessing your Account will be able to enter into transactions using your Coin Balances and we have no obligation to verify or take any steps to verify any instruction received from you or appearing to be sent by you.

3. We Can Suspend Your Account

a. We may suspend, limit or restrict access to your Account, the Platform or any Service, at any time without notice, if:

i. you fail to pay any amounts owing under these Terms to us or any other person when they are due;

ii. we become aware of a dispute over either the ownership of any Assets in your Account or the operation of your Account;

iii. we consider it necessary or prudent to clarify the authority of any other person claiming to act on your behalf;

iv. you have not provided all information needed for us to comply with any Applicable Law, or we have not been able to verify the information to our satisfaction;

v. we receive a serious complaint or multiple complaints about you from any other person;

vi. we discover that some or all of the information that you have previously provided to us in order to open or operate the Account is materially inaccurate, and as a result we reasonably consider suspension is necessary or prudent to protect our, or any other person’s, legitimate interests;

vii. we are unable to reasonably provide the Account or any Services as a result of any resource constraint, technical failures or other difficulties in providing the Platform;

viii. we reasonably consider we are required to do so by, or your continued access may result in a breach of, any Applicable Law (including any investigation, litigation or any government or regulatory proceeding relating to any Applicable Law);

ix. in our sole discretion, your conduct may bring the Platform, us or any other person into disrepute; or

x. we suspect that you have breached, or your continued access might result in a breach, of these Terms.

b. If we suspend your Account or access to any Service, without giving you notice beforehand, we will give you notice as soon as reasonably practicable afterwards, unless we are unable to do so because of any Applicable Law.

c. The suspension will come to an end only when we are reasonably satisfied that the reason for the suspension no longer applies.

d. During the suspension, our Terms will continue to apply.

4. We Can Close Your Account

a. In addition to our rights under clause 4.3, we can close your Account at any time and without notice if:

i. you have failed to pay any amounts owing under these Terms to us or any other person when they are due, and have failed upon request from us to rectify this failure within a reasonable time period;

ii. we are required to do so in order to comply with any Applicable Law, in Georgia or any other jurisdiction;

iii. we reasonably believe that you have acted, or are acting, unlawfully;

iv. we reasonably believe that you have been aggressive or threatening to our staff or any other Users;

v. you are not eligible for the Account, or any Service, under these Terms;

vi. you have not provided all information needed for us to comply with all Applicable Laws, or we have not been able to verify the information to our reasonable satisfaction;

vii. some or all of the information that you have previously provided to us in order to open or operate the Account or any Service is materially inaccurate, and as a result we reasonably consider closure or cancellation is necessary or prudent to protect the Platform or our or any other person’s legitimate interests;

viii. we have suspended your Account because we have been unable to reasonably provide the Account or any Services as a result of any resource constraint, technical failures or other difficulties in providing the Platform, and we are unable to recommence providing the Account or any Services within a reasonable period of time; or

ix. we reasonably suspect the Account or Service is being used or obtained to facilitate fraud, money laundering or other illegal activity.

b. If we close your Account without giving you notice beforehand, we will give you notice as soon as reasonably practicable afterwards unless we are unable to do so because of any Applicable Law.

c. Subject to any Applicable Law, if we close your Account:

i. these Terms will continue to apply to any actions, including any Transactions entered into by you, before the date of cancellation;

ii. you remain liable to make payment of any amounts owing to us or any other person, in relation to the use of the Platform, your Account or any Services; and

iii. we may at our discretion provide you with access to the Platform solely to the extent necessary to access to your Account for a period of 90 days to allow you to transfer your Coins to a different digital wallet. For the avoidance of doubt, you will not be able to receive the Services or access any other component of the Platform during this period. You acknowledge that after this 90 day period, you may no longer have access to the Platform to access your Coins and we will not have any liability to you for any loss, cost, damage or expense that results from your failure to exercise your right of access during such 90 day period.

5. Your Coin Balances

a. Your Coin Balances form part of your Account, and allow you to send, receive and store supported Coins (see clause 9), in accordance with instructions provided by you through the Platform.

b. You must not attempt to send, receive or store unsupported Coins in your Account. Any such actions may result in the loss of the unsupported Coins, or.

c. You must not send Coins to a wallet address for a different Coin than the currency you are sending. This is commonly known as cross-chain deposit. In recoverable instances, an appropriate recovery fee will be charged for Birake executing a cross-chain recovery.

d. Your Coin Balances are operated by us, and represent entries in your name on the general ledger of ownership of Coins maintained and held by us. This means the Coins in your deposit wallets may be pooled in our internal accounts with other Users’ Coins at any time.

e. Each User’s entry in the general ledger of ownership of Coins is held by us, on trust, for that User.

6. White Label Platform

a. Birake’s platform is a turn-key solution to start a white-label crypto currency exchange or brokerage. It offers an unparalleled trading experience coupled with a variety of back-end solutions.

b. The platform enables real-time trading of crypto assets with multiple block-chain integrations to facilitate deposits and withdrawals

c. Delivery timeline cannot be guaranteed. Delivery is dependent on responsiveness of the client, local governments and technology vendors.

d. We will use reasonable care in operating our Platform, so as to limit disruptions to the Platform, User Accounts and our Services. However, you accept that our Platform will not necessarily be available uninterrupted or error-free, and it may also be inaccessible from time to time while undergoing maintenance or upgrade work. If we are not able to provide advance notice of any interruption, we will give notice as soon as reasonably practicable afterwards.

e. We may, in our discretion, make changes to the Platform with or without notice, and we make no representation that any Services will continue to be provided in the same manner as they are currently provided.

7. Trading on the Platform

1. Your Obligations and Acknowledgements in Relation to Transactions

a. In respect of Transactions you submit into the Platform, you acknowledge and agree that:

i. we do not own or control any of the underlying blockchains, software protocols or networks in respect of Coins, and make no warranties or representations regarding their security, effectiveness or proper functioning;

ii. we may impose such restrictions as we reasonably think fit for the efficient processing of Transactions and in order to reduce the risk of theft and fraud. These restrictions may include maximum or minimum individual Transaction limits and maximum daily limits, in relation to a Coin, type or group of Coins, User or group of Users or type or types of Transactions;

iii. you will only use the Platform and the Services to undertake Transactions on your own behalf, and not on behalf of anyone else;

iv. while we will use reasonable endeavours to process Transactions as quickly as possible, Birake gives no guarantee or warranty regarding the timing of completion of any Transaction. Transaction completion may be delayed for a significant period of time, or indefinitely, for a number of reasons including those set out in the Birake Risk Statement;

v. we will act on the instructions sent from your Account and we have no obligation to verify any instruction received from, or appearing to be sent from, your Account.

b. You agree only to use our Services for lawful and permitted purposes. This includes, but is not limited to, prohibiting the use of our Services for the purposes of:

i. illegal purchases;

ii. money laundering;

iii. financing of terrorism;

iv. trading with countries embargoed by your government;

v. engaging in deceptive, fraudulent or malicious activity;

vi. wire transfer money orders;

vii. as a means to transfer funds between bank accounts;

viii. to carry out any act that is illegal in Georgia or in the jurisdiction where the person carrying out the activity is resident, domiciled or located; or

ix. commercial purposes which are competitive to the Platform or our business or which would otherwise be detrimental or prejudicial to our interests or the interests of any User, in any way.

2. Reversals, Cancellations

a. You cannot cancel, reverse, or change any Transaction once it is submitted.

b. We have the right to refuse to process, or to cancel or reverse, any submitted Transaction for any reason, including:

i. where in our opinion completing the Transaction could result in a breach or potential breach of any Applicable Law;ii. if we reasonably consider the Transaction is erroneous; or

iii. where we reasonably consider the Transaction has the potential to bring into disrepute us, the Platform or any User.

3. Location of Transactions

All Transactions through the Platform are deemed to take place in Georgia. On completion of the Transaction, you are deemed to take possession of your Account, and the Assets in your Account, in Georgia.

8. Platform Change and Business Disruptions

a. We will use reasonable care in operating our Platform, so as to limit disruptions to the Platform, User Accounts and our Services. However, you accept that our Platform will not necessarily be available uninterrupted or error-free, and it may also be inaccessible from time to time while undergoing maintenance or upgrade work. If we are not able to provide advance notice of any interruption, we will give notice as soon as reasonably practicable afterwards.

b. We may, in our discretion, make changes to the Platform with or without notice, and we make no representation that any Services will continue to be provided in the same manner as they are currently provided.

9. Supported Coins

1. Supported Coins

a. We will from time to time publish a list of Coins supported on our Platform.

b. It is your responsibility to determine whether you should acquire, exchange or sell any Coin, and you should seek professional advice before doing so. By supporting a Coin on our Platform, we make no representations, and give no warranties:

i. whether you should purchase, sell, or hold any Coin, or in relation to the performance, value of or benefits associated with that Coin;

ii. as to any rights or obligations you may have as a holder of that Coin;

iii. as to whether the terms of the Coin have been accurately represented by the issuer or any promoter of that Coin;

iv. the success of any business or project related to any Coin; or

v. that the issuer has complied with any or all Applicable Laws in relation to that Coin, or that it has received any required regulatory approvals, licences, or registrations to enable it to issue or offer the Coin.

c. Birake, its officers, employees, agents and contractors do not provide any advice in relation to Transactions. You must not rely on anything we say as intended to:

i. pass judgement on the merits of any particular Coin;

ii. endorse, sponsor or recommend any Coin supported on the Platform;

iii. make any recommendation regarding the advisability of investing in any Coin for any particular individual.

d. The Coins supported on the Platform may change from time to time without notice to any User, for any reason, including as a result of any Applicable Laws, any change to the underlying rules of a Coin, or any technological issue outside of our reasonable control.

e. It is your responsibility to confirm that any Coin is a supported Coin. You will be responsible for any loss incurred as a result of sending, depositing or returning any Coins that are not supported by us.

2. Coins in Maintenance

a. From time to time, as part of the risks of trading in Coins, a Coin supported on the Platform may be placed in maintenance. During maintenance, you cannot deposit or withdraw the affected Coin.

b. Circumstances in which we may put a Coin into maintenance include:

i. developer requests;

ii. the Coin is out of sync with its blockchain;

iii. routine maintenance;

iv. mandatory updates; and

v. other blockchain related issues.

c. We do not accept any liability, either directly or indirectly, for any loss caused by placing a Coin into maintenance.

3. Delisting Coins

a. If a digital asset/coin/token does not have any transaction in more than 10 consecutive days we may choose to delist the coin. The developer will be notified if trading volume has not been sufficient.

b. From time to time, we may delist Coins from the Platform (meaning they can no longer be traded) for technical, legal or any other reason at our discretion.

c. Generally, the procedure in which we will delist a specific Coin is as follows:

i. the market for the Coin is closed and from that point you will not be able to buy or sell the Coin;

ii. we will give at least a 30 day notice on the removal of the Coin. At that time, the status of the Coin becomes “delisting”.

d. During the 30 day notice period, you must ensure that you withdraw the specific Coin from the Platform, to an external wallet, and cancel any outstanding transactions. If you do not withdraw your balance of the Coin from the Platform you may lose the balance of the Coin at the time it is removed.

e. After the notice period and once the Coin is delisted, the Coin will no longer be able to be deposited, withdrawn, bought or sold on the platform. If possible, any unprocessed transactions in respect of the Coin will not be processed and any related Coin or amount will be returned to the User.

f. You acknowledge that we may immediately delist a Coin, without following the process set out above, where the removal is urgently required for compliance with any Applicable Law or where we consider the continued support of the Coin may result in a serious risk of harm or legal liability to us, the Platform, the Services or any User.

g. You acknowledge that some Coins may be delisted without the option to withdraw the Coin from the Platform during the 30 day notice period. This will occur when the Coin is unable to be withdrawn due to technical, legal or any other reason at our discretion.

h. The Developers of a cryptocurrency are obliged to compensate losses incurred by the Exchange due to attacks on the cryptocurrency’s blockchain.

i. The Exchange reserves the right to freeze a cryptocurrency wallet until losses have been fully compensated or to delist a cryptocurrency from the Exchange in the event of refusal to provide compensation.

j. Should the Developers violate any of their obligations, which leads to users making claims against the administration of the Exchange, they are obliged to respond to all claims which the administration of the exchange has brought to their attention.

k. In the event the Coin is delisted, the listing fee is not refunded to the Developer.

l. Birake does not accept any liability, either directly or indirectly, with any loss caused by delisting a Coin.

4. Updates

a. Every 60 days the Customer benefits of one (1) free update except fork or swap. If the next update it has less than 60 days than previous one (or from initial listing), the cost of the update is 0.05 BTC

b. Fork / swap update it will be charged with 0.2 BTC

c. Failure to inform us at least 7 days in advance of a fork / swap update will incur 200% of the above fees.

d. If you do not inform us about the consensus changing update, you are liable for are required to compensate any damage caused by any credits to an invalid chain.

e. Only 1:1 swaps are currently supported, otherwise all funds must be withdrawn from the exchange.

f. If a swap is not 1:1, 50% of the listing fee applies to process.

g. An address prefix change is mandatory for swaps as otherwise users will continue depositing to old addresses.

h. Tickers cannot be changed after an asset has been created.

i. If part of a fork or swap of an existing asset, users will need to fully withdraw to participate.

10. Payments

1. Mistaken Payments

If you make a payment from your Account in error, it may not be possible to stop or reverse the payment once it has been made. You may only be able to recover such a payment made in error through court action or with the consent of the Account holder who received it. If you ask us to recover a payment from your Account, we will use reasonable efforts to do so, and we may charge you our reasonable costs to do this.

2. We can Decline Payments

We can decline payments from your Account if:

a. you have not provided all information needed for us to process the payment or comply with any Applicable Law, or we have not been able to verify the information to our reasonable satisfaction, or we reasonably consider that the information is materially inaccurate;

b. we are required to do so by any Applicable Law;

c. we reasonably suspect the payment is being used to facilitate fraud, money laundering or other illegal activity;

d. we reasonably consider it necessary or prudent to protect one or all of the parties to the account, our legitimate interests, or the legitimate interest of a third party; or

e. we reasonably suspect that the payment is unauthorised.

3. We Can Reverse Payments

We can reverse payment paid into your Account, without your consent and without giving notice, if:

a. we have made an error;

b. the person or organisation making the payment has made an error;

c. we are required to do so by any Applicable Law;

d. we reasonably suspect the payment is being used to facilitate fraud, money laundering, or other illegal activity; or

e. we reasonably suspect the payment was unauthorised, or that you are not legally entitled to retain it.

11. Other Services and Content

1. Third Party Content

We may display Third-Party Content on the Platform or through our Services. We do not control or endorse any Third-Party Content and make no representations or warranties regarding such content, including (without limitation) regarding the accuracy or completeness of any content. Your interaction with Third-Party Content and the third-party services are governed by any agreement made between you and the third-party, and we do not accept liability for any loss, damage or expense incurred as a result of any interaction with Third-Party Content.

12. Liability, Indemnities and Force Majeure

1. Our Liability

a. Cryptoassets are highly speculative assets which rely on a number of external variables for their existence and value. As a result, there are a number of additional risks and liabilities that you will be exposed to when trading cryptoassets. This paragraph sets out a number of these liabilities and explains the circumstances under which we will not be liable for any losses, costs, or expenses that you suffer.

Subject to clause 12.1(c), to the maximum extent permitted by all Applicable Laws, we are not, under any circumstances, liable in any way for any loss or damage, whether direct, indirect, consequential or incidental, whether in tort, contract or otherwise arising out of use of our Platform or Services. This includes:

i. any losses arising as result of us acting in accordance with these Terms or any other applicable terms and conditions;

ii. losses caused by you, or anyone acting on your behalf (including any Anticipated Person), providing incorrect information;

iii. corruption or loss of data or any information;

iv. malware or any other damage that may be caused to your computer or system as a result of use of the Platform or transmission of any information from us or any other person to you;

v. interruptions, suspensions, delays or discontinuance of the Platform or any Services;

vi. the tax liability of you or any other User, nor for collecting, reporting, withholding or remitting any taxes arising from any use of our Services or Platform;

vii. losses caused by any User error by you or anyone acting on your behalf;

viii. losses arising out of unauthorised access or fraud in relation to your accounts or Services committed by you, your employee, officer or agent;

ix. losses caused by circumstances beyond our control, including any machine or system failure;

x. losses arising from your use or inability to access our platform at any time, inaccurate content or information in any service we provide; or

xi. losses arising from faults in, or malfunction of, any equipment (including telecommunication equipment) which supports our website; and

xii. any loss relating to the content or omission of content from our site;

xiii. any loss caused by a custodian and/or by any third party;

xiv. any lost profits or damages that are caused by or are connected to unauthorised use of the Birake platform or services, even where we or one of our representatives knew or should any lost profits or damages that are caused by or are connected to unauthorised use of the Birake platform or services, even where we or one of our representatives knew or should reasonably have known about the possibility of such damages;

xv. any loss of any kind, from action taken in reliance on material or information, contained on Birake trading platform or websites and/or on the blockchain systems and

xvi. any loss caused by theft, robbery, burglary or other criminal taking if a computer, computer system, computer software program, malicious code, computer virus or process or any other electronic system is used to perform such acts.

b. Subject to clause 12.1(c), we give no express warranties and disclaim and exclude all implied conditions or warranties, as to the Platform and the Services. Without limiting the foregoing, we do not:

i. guarantee that the content is reliable, accurate or complete; and

ii. warrant that any of the functions in our site will be uninterrupted or error free.

2. Indemnity

As part of the cryptoassets trading service, we may rely on third party service providers (including affiliated companies) to buy or hold the cryptoassets on your behalf. We will act as your agent for your cryptoasset trades. This means that we will instruct a trade to be entered into with an executing broker on your behalf. The executing broker may be a third party entity or a Birake Exchange affiliate, or Group, or entity. We may execute orders through, or hold crypto assets and currencies with, a third party. These third parties may not be banks. This means that, if a company holding the currencies or crypto assets fails, is hacked, or goes out of business, your assets are not protected in the same way as they would be if they were held by a bank. In particular, we may only have an unsecured claim against that third party on your behalf, which means that you are less likely to recover your funds. You should therefore carefully consider whether trading or holding crypto assets is suitable for you, in light of your financial circumstances, and you should ensure that you fully understand the risks before using our crypto assets trading services.

You should only use our crypto assets trading service if:

a. you have sufficient and relevant knowledge about or experience in, trading in volatile markets;

b. you are trading with funds you can afford to lose;

c. you have a high-risk tolerance; and

d. you want to gain short term exposure to a product/market.

To the maximum extent permitted by law, you agree to indemnify us from, and hold us harmless from, and against all claims, damages, costs and expenses (including reasonable solicitor/client fees) that arise out of or relate to:

a. your access and use of Platform and/or Services;

b. your breach of the Terms or any other Platform policy; and

c. any information you may provide.

3. Force Majeure

We do not accept liability, either directly or indirectly, for any loss, expense or cost incurred as result of any lack of performance, unavailability of the Platform and/or the Services, or a failure to comply with these Terms as a result of circumstances outside of our control including, but not limited to, changes of law or an event of force majeure.

The force majeure circumstances are the circumstances that have arisen independently from the will of the Parties (natural disasters, fires, epidemics, war, terrorist acts, etc.), and the preliminary determination or avoidance of which exceeds the reasonable controls and possibilities of the parties.

13. Fees and Expenses

1. You Agree to Pay Our Fees

You agree to pay all fees and expenses associated with or incurred by you in relation to your use of our Services or Platform, which are published on our Platform.

2. Our Fees Can Change

a. We may change, modify, or increase fees and expenses associated with our Services and Platform, from time to time.

b. By using our Services or Platform following any update to our rates you accept and agree to pay the fees or expenses as published.

14. Taxes

By using our Platform, you accept that it is up to you to understand whether and to what extent, any taxes apply to any Transactions you conduct through our Services or Platform. We accept no responsibility for, nor make any representation in respect of, your tax liability.

15. Intellectual Property

a. All logos, content, materials, information, software, graphics, text, copyrighted material, and trademarks on the Platform (Intellectual Property) are owned by us (and/or our Related Entities, suppliers or licensors), except where expressly stated.

b. When using the Platform and the Services we grant you a limited, non-exclusive, non-transferable, revocable licence to access the Intellectual Property. You may download and print content from this Platform for your own personal use.

c. Subject to clause 15(b), you are not authorised to reproduce, amend, store, publish adapt, or use any of the Intellectual Property, or otherwise infringe our intellectual property rights, without our prior written consent.

16. Your Privacy

Your privacy is important to us. Our detailed privacy policy is available here. We will only use or disclose your information in accordance with our privacy policy.

17. Notices and Communication

1. Communicating with You

a. You consent to receive electronically all communications, agreements, documents and disclosures (Communications) that we may or must provide in connection with your Account, the Platform or any Services.

b. You will be taken to have received any notice that we publish on the Platform, or that is sent to the most recent contact address (including email address) that we have on file for your Account.

c. You are responsible for telling us if there are any changes to your contact details, including your email address. Failure to do so may impact your rights under these Terms and any other applicable terms and conditions.

d. When we give notice under these Terms we can do so in one or more of the following ways:

i. by email;

ii. by other forms of direct communication; and

iii. by displaying a notice on the Platform.

2. Communicating with Us

a. You can communicate with us by lodging a support ticket through your Account or by email. You can also communicate with us by Discord or Telegram, but communications through these media will not constitute notice for the purpose of these Terms.

b. We will typically process communications in the order we receive them. We will try to answer your concerns as soon as possible with the resources available to us. However, from time to time, and due to the fluctuations of demand, responses may be delayed. See the Birake Risk Statement for more information.

3. Providing Information

You agree to provide all information to us which we require in order to manage our anti-money-laundering and countering the financing of terrorism obligations, to manage economic trade sanctions risks, or to comply with any Applicable Law in Georgia or any other country. If you fail to provide this information, or provide incomplete, inaccurate, or false information, you agree that we may refuse to establish a business relationship with you, may be required to delay, defer, stop or refuse to process any Transaction, or may terminate our business relationship with you and close your Account at any time without notice.

18. General

1. Amendments to these Terms

We reserve the right to add, vary or withdraw any term of these Terms (including to increase, reduce or vary any fees or charges payable in respect of any Service or Platform) at any time. Examples of when we may exercise these rights include:

a. if we are required to make legal or regulatory changes;

b. if we are required to respond to market changes;

c. if we are required to make improvements to our Services; or

d. if we are required to make changes to counter and protect against cyber security threats.

2. Assignment, Transfer and Subcontract

a. We may assign, transfer and/or subcontract any of our rights and obligations under these Terms to any Related Entity.

b. You may not assign, transfer and/or subcontract any of your rights or obligations under these Terms.

3. Complaints and Dispute Resolution

If you would like to make a complaint, you can contact us in accordance with clause 17.2.

4. Governing Law

a. You agree to use our service in accordance with the law in Georgia and the applicable law in your jurisdiction. Where any of these Terms does not meet the minimum requirement of the law, those terms and conditions are deemed to be amended to the extent of compliance.

b. The site can be accessed from countries other than Georgia and may contain functions that are not promoted or permitted in those countries.

c. We do not represent that information or the site is appropriate or available for use in other countries, use of the site is on the understanding and acceptance that doing so is on your own initiative and you are solely responsible for compliance with local laws.

5. Severability

Any clause of these Terms, or part or any clause, declared invalid is deemed severable and does not affect the validity or enforceability of the remaining clauses.

6. No Waiver

If we do not exercise or enforce any rights available to us under these Terms that does not constitute a waiver of those rights.
Glossary and Interpretation

19. Glossary

In these Terms:

Account means an account established by a User, and operated, in accordance with these Terms.

Applicable Law means all Acts, regulations, rules, bylaws, orders in Council, proclamations, notices, warrants, instruments, orders of any court or tribunal, regulatory guidance or instructions and relevant industry codes of practice, including any common law and equity, that are applicable to these Terms, or our or your conduct in relation to these Terms, the Platform, and the Services.

Business Day means a day trading banks are open for business in Christchurch, Georgia.

Coin means any blockchain-based, or digital representation of an, asset, token or digital currency, such as BitCoin, Ethereum, LiteCoin or any other digital, virtual or crypto currency.

Coin Balance(s) means any record of Birake holding funds on the Birake Platform on your behalf.

Birake, us, we, our or ours means Birake Exchange LLC.

Birake Risk Statement means the Birake risk statement published from time to time on the Platform.

Nominated Account means a User’s account with a registered bank.

Platform meanst he Birake website and trading platform accessible at birake.com and any associated Accounts, applications, or websites.

Related Entity means an “associated person” of Birake within the meaning of section 12 of the FMCA.

Services means any services provided by us to you or any other User, whether through the Platform or outside of it, including the purchase, sale and exchange of Coins, and the provision of the Platform, your Account, and any Coin Wallet.

Terms means these Terms and Conditions, as updated from time to time.

Third–Party Content means content, advertisements, links, promotions, logos and other materials from a non-Related Entity.

Transactions means any Transaction undertaken through the Platform including any buy, sell or exchange transaction, or transfer Coin from an Account.

User means any person who is eligible to use the Platform and our Services and who holds an Account.

20. Interpretation

In these Terms, headings are for convenience only, and do not affect interpretation. The following rules also apply in interpreting these Terms, except where the context makes it clear that a rule is not intended to apply.

a. A reference to:

i. a legislative provision or legislation (including subordinate legislation) is.to that provision or legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it;

ii. a document (including these Terms) or agreement, or a provision of a document (including these Terms) or agreement, is to that document agreement or provision as amended, supplemented, replaced or novated;

iii. a party to these Terms or to any other document or agreement includes a successor in title, permitted substitute or a permitted assign of that party;

iv. a person includes any type of entity or body of persons, whether or not it is incorporated or has a separate legal identity, and any executor, administrator or successor in law of the person; and

v. anything (including a right, obligation or concept) includes each part of it.

b. A singular word includes the plural, and vice versa.

c. A word which suggests one gender includes the other genders.

d. If a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning.

e. If an example is given of anything (including a right, obligation or concept), such as by saying it includes something else, the example does not limit the scope of that thing.

f. The word agreement includes an undertaking or other, binding arrangement or understanding, whether or not in writing.

g. A reference to something being written or in writing includes that thing being represented or reproduced in any mode in a visible form.

h. A reference to dollars or $ is to an amount in a fiat currency.

i. A power to do something includes a power, exercisable in like circumstances, to revoke or undo it.

j. A reference to a power is also a reference to authority or discretion.

k. A reference to a time of day is a reference to Georgia time.