1. General Provisions

1.1. These terms and conditions (hereinafter referred to as the Agreement) regulate the procedure for providing services by the Finbitflow p2p platform, which is designed for exchange operations and transfers of electronic currencies across various payment systems.

1.2. This Agreement constitutes a public offer addressed to individuals (hereinafter referred to as the User) and implies the conclusion of a contract under the terms and conditions defined in this document.

1.3. Use of the service is permitted exclusively on the condition of the User’s full compliance and agreement with all provisions of the Agreement. The fact of starting work with the platform is considered as confirmation of familiarity with and unconditional acceptance of these terms.

1.4. The current version of the Agreement is posted on the official internet resource of the Finbitflow service and is available for free public access. The Service reserves the right to updаte and supplement the text of the Agreement; the updated version is considered effective from the moment of its publication.

2. Terms and Definitions

For the purposes of this Agreement, the following terms shall have the meanings specified below:

• Finbitflow Service — a technological p2p platform that ensures exchange and transfer operations of electronic currencies across various payment systems through a specialized software interface, access to which is provided to Users who have accepted the terms of this Agreement.
• User — an individual registered on the platform or utilizing its functionality, thereby expressing agreement with this Agreement.
• Operation (payment) — the process of transferring electronic currency or other funds from a sender to a recipient within the framework of the functioning of the Service or a payment systеm.
• Payment systеm — a software and hardware complex developed by a third party, intended for the accounting of monetary funds and other obligations, execution of payments, settlements between participants of the systеm, as well as payment for goods and services via the Internet.
• Electronic currency — a digital form of monetary funds or property rights issued by a payment systеm operator and used for making settlements between its developer and user.
• Currency Reserve — the volume of a specific electronic currency at the disposal of the finbitflow Service available for exchange operations at the time a Request is submitted by clients.
• Client of a payment systеm — a person who has concluded an agreement with a payment systеm operator and possesses the rights to receive conditional units or other assets provided by the rules of the respective systеm.
• Request (Order) — an instruction submitted by the User through the Service interface to conduct an exchange, containing the parameters of the operation and the corresponding terms and conditions defined by this Agreement.
• Source Currency — the currency transferred by the User for the execution of the exchange operation.
• Source Account — the identifier of the wallet or account of the User within the payment systеm from which the transfer of the source currency is performed.
• Receiving Currency — the currency that the User receives as a result of the completed exchange operation.
• Receiving Account — the credentials of the User (wallet, bank account, or other identifier) to which the receiving currency is credited.
• Currency Exchange — the process of converting one electronic currency into another using the tools of the Service and payment systems.
• Rate — the ratio of the cost of two types of electronic currencies at the time of the exchange operation, used for calculations within the transaction.
• Disruption of Service Operation — actions aimed at interfering with the correct functioning of the platform, modifying or distorting data, creating unauthorized Requests, or generating requests without subsequent payment.

3. Subject Matter of the Agreement

3.1. The Finbitflow Service provides the User with the opportunity to exchange electronic currencies via p2p operations between individuals. The services of the service are intended exclusively for personal use and cannot be considered as a tool for conducting business or any other commercial activity.

3.2. Upon registration, the User undertakes to provide correct and accurate data required for the creation and functioning of the account. The User also confirms that they will not use third-party accounts, create multiple accounts, or attempt unauthorized access to the profiles of other individuals.

3.3. The Service reserves the right to temporarily restrict operations, suspend the processing of a request, or withhold the User’s funds in cases where signs of fraud, illegal actions, or other factors capable of causing damage to the Service or other Users are detected. The withholding period is determined by the timeframe necessary to conduct an internal investigation and obtain information from payment systems, issuing banks, or other participants in the process. If the User refuses to provide the required information, the Service has the right to reject the request and execute a refund of funds in accordance with internal rules.

3.4. The Administration of the Service is entitled to refuse to provide services to the User in full or in part without explaining the reasons if required to comply with legislation, regulations of payment systems, as well as internal security standards.

3.5. In order to ensure security and compliance with regulations, the Service is entitled to initiate additional verification of the User’s data. Such verification may inсlude a request for documents proving identity or the fact of the operation, including but not limited to: passport, bank card image, bank card video verification, receipts of sending funds, or other supporting materials.

3.6. Any electronic currency exchange operation is considered definitively completed after the User receives the funds at the specified credentials. Cancellation, modification, or reversal of a completed transaction at the initiative of the User is impossible, regardless of the form of funds received — electronic or fiat.

3.7. Personal data, details about the user, information from their personal dashboard, as well as operation history are stored on a secure server of the Service and are not subject to deletion, except in cases stipulated by legislation and mandatory requirements of regulatory bodies.

3.8. The Service is not responsible for the voluntary reversal or return of received funds by the User to the source credentials. Such actions are carried out at the User’s own discretion and may lead to financial consequences for which the Service bears no responsibility.

4. Rights and Obligations of the Parties

4.1. Obligations and Liability of the Service

4.1.1. The Finbitflow Service provides its services in the volume and under the conditions described on the official website. Additional guarantees not specified in this Agreement are not provided by the Service.

4.1.2. The Service makes efforts to ensure continuous access to its services, however, it cannot guarantee their uninterrupted round-the-clock operation. The Service is not liable for possible losses, lost profits, or other expenses of the User arising from the temporary unavailability of the website, technical faults, or limitations of functionality.

4.1.3. The liability of the Service to the User is strictly limited to the amount of monetary funds actually transferred by the User for the execution of the exchange operation. Claims exceeding the transferred amount will not be considered by the Service.

4.1.4. The Service performs its functions in accordance with the provisions of this Agreement and takes all necessary measures to ensure the proper quality and correct functioning of the services provided.

4.1.5. The Service is not responsible for consequences caused by delays, errors, or failures in processing payments through banking or electronic systems, including payment gateways and third-party platforms. Furthermore, the Service does not guarantee the achievement of the User’s expected financial benefits, including possible profit, rate changes, or other subjective assumptions regarding exchange operations.

4.2. AML/KYT Policy and Security of Operations

4.2.1. Finbitflow verifies incoming cryptocurrency transactions using the AmlBot systеm upon their receipt. If a transaction sent by the User has a cumulative risk score higher than 60% or is classified as High Risk above 15% (for example: Dark Market, Dark Service, Illegal Service, sanctioned assets, etc.), the execution of the request is suspended, and a fund return procedure is initiated. Additional information is available in the AML section on the website: https://finbitflow.com.

4.2.2. After the execution of a request, the service bears no responsibility and does not compensate for losses resulting from incorrectly specified credentials by the User. In such cases, finbitflow is not obliged to take actions to recover the funds.

4.2.3. If the User has not specified a Destination tag or MEMO when required for the correct crediting of a payment (both when paying for a request and when receiving funds), the service bears no responsibility for potential losses.

4.2.4. In the event of a breach of the AML policy by the User, Finbitflow has the right to refuse to execute the request, terminate the agreement, and return the funds to the sender’s credentials after passing the KYC procedure.

4.2.5. By default, the Service does not verify the legality of the origin of electronic currencies and monetary funds of the User. However, upon suspicion of fraudulent actions or law violations, Finbitflow is entitled to request the completion of verification/KYC.

4.2.6. Finbitflow may suspend or cancel the execution of an operation in case of violation of the terms of this agreement by the User and return the deposited funds less the commission of the payment systеm. Exceptions are listed in clauses 4.2.4 and 4.2.5.

4.2.7. The Service reserves the right to restrict the User’s access to the platform in case of violation of the agreement terms or attempts to interfere with the operation of the service.

4.2.8. In the event of technical failures related to the complex architecture of the software, Finbitflow is entitled to refuse to execute the contract and return the funds to the User in full.

4.2.9. If a sum differing from the one specified in the request is received at the service credentials, the operation will be executed based on the amount actually received without additional coordination with the User.

4.2.10. The Service may unilaterally terminate the agreement and return the funds to the User if the payment was received after the established deadline. An exception is made for payments to the credentials of payment systems. Details are specified in Section 8 “Terms of Acceptance and Payout of Fiat Payment Systems”.

4.2.11. Expenses associated with the return of funds may be assigned to the User in cases provided for in clauses 4.2.4, 4.2.6, and 4.2.10, as well as upon the return of funds at the initiative or error of the User themselves.

4.2.12. In exchange operations involving cash funds, the service may choose not to apply the terms of the affiliate program.

4.2.13. If a payment is made in the wrong currency, a different amount, via multiple transactions, past the deadline, or to the credentials of other requests, this may lead to the permanent loss of funds. The Service will make efforts to return or confirm the payment if possible, withholding up to 20% to cover partner commissions and internal costs. This also applies to incorrect or outdated credentials and when the user wishes to cancel a request in the absence of violations of other rules.

4.2.14. Finbitflow is not a party to contractual relations between payment systems/exchanges and their clients and bears no responsibility for their actions.

4.2.15. The Service is entitled not to consider claims for requests with a limitation period of more than 30 calendar days and not to provide information on such requests. Finbitflow bears no responsibility for losses on expired operations.

4.2.16. The Service may make amendments and additions to this agreement at any time. All changes take effect from the moment of publication on the website.

4.3. Rights and Obligations of the User

4.3.1. By using the services of Finbitflow, the User confirms lawful ownership of the monetary funds and/or electronic currency involved in the operation. The User is responsible for the completeness and accuracy of the provided data. The Service is not liable for losses due to incorrectly specified data.

4.3.2. The sole method for changing payment details is an email sent from the address specified during registration to support@finbitflow.com. Before executing a request, the service sends a confirmation containing the credentials, amount, and exchange rate for correctness verification.

4.3.3. The User undertakes to independently pay all taxes and fees established by the legislation of their country.

4.3.4. Transferring funds to the credentials of Finbitflow confirms the User’s agreement with this agreement and the terms of the request.

4.3.5. The User may express gratitude to the service in any convenient form.

4.3.6. The User undertakes not to use the service for fraud, illegal operations, money laundering, terrorist financing, or gambling. Upon detection of suspicious activity, the account may be suspended, and transactions blocked.

4.3.7. The User undertakes not to disrupt the operation of the platform.

4.3.8. The User undertakes to use only their personal credentials. When transferring from third-party credentials or via third parties, the service is entitled to unilaterally terminate the contract and return funds to the payment source in the manner specified in clauses 4.2.2 and 4.2.5.

4.3.9. The User undertakes to familiarize themselves with and observe the rules of the utilized payment systems, exchanges, and banks.

4.4. Conditions for Request Formation and Payment

4.4.1. When creating a request, the User confirms that they are familiar with the transfer instructions containing all necessary credentials and payment deadlines. Payment must be made in a single transaction. In the event that the User wishes to initiate a return, funds will be returned less the commission of the payment systеm. Violation of this rule or the user’s initiative may lead to the cancellation of the request with a 20% commission retention.

4.4.2. When creating a request, the User confirms that they lawfully own the digital assets or other funds, do not use the service for illegal activities, and do not apply third-party credentials, personal data, or funds belonging to third parties.

4.4.3. If the payment was received after the established deadline or the amount differs from that specified in the request, the service is entitled to:

• recalculate the rate according to the current market rate of Finbitflow with notification to the User;
• execute a refund of funds less a 20% commission + payment systеm commission.

4.4.4. Execution of the request and crediting of funds to the User is carried out after the receipt of payment and within the timeframes specified during the creation of the request. If the transfer is impossible due to technical maintenance, updates of payment systems or resources, the service returns the funds in full, provided that the request is not in the payout stage.

4.4.5. Transfers of fiat currencies may take from 10 minutes to 3 bank business days, depending on the direction of the payment and features of the payment systеm.

4.4.6. After paying for the request or in case of any questions, the User can contact the service via:

• Telegram account;
• online chat on the website;
• electronic mail support@finbitflow.com.

The operating hours of operators are indicated on the website https://finbitflow.com

4.4.7. In the event of blocking of the account or card of the User or the service after the transfer of funds, both parties jointly ensure the unblocking by providing the necessary information and assistance. If the service’s account is blocked after the transfer, execution of the request may be suspended until confirmation of the receipt of funds. Each situation is considered individually. The Service bears no responsibility for blocking the User’s account/card when attempting to transfer to credentials provided by the service.

4.4.8. For communication, the service uses the email address specified during the submission of the request. The User is obliged to indicate an active and valid address. In case of using an inactive email, the service is entitled to request supporting documents regarding the fund transfer and the identity of the User. Changing credentials is possible exclusively via the email specified in the request. Upon refusal to provide data, funds are returned to the source less a commission not exceeding the aggregate expenses of the service.

5. Obligations and Liability of the Parties

5.1. The Finbitflow Service confirms its readiness to properly perform the obligations provided for in this Agreement and guarantees compliance with the established working regulations.

5.2. The Service is not liable for any losses incurred by the user due to illegal or unauthorized actions of third parties not related to the activities of the service.

5.3. The User independently bears responsibility for repeated or erroneous transfers of monetary funds to credentials for which the payment deadline has expired and no active request exists. In case the service retains access to previously issued credentials, the latter takes possible measures to return the funds. In the absence of such access, the transferred funds are considered lost, and all risks associated with their loss are fully assigned to the user.

5.4. In case it is impossible to establish communication with the user (including absence of an answer to a phone call or unavailability of the number), the service reserves the right to cancel the request. The return of monetary funds is carried out to the sender’s credentials, provided there are no violations on the part of the user.

5.5. For operations in which the source asset is cryptocurrency, the rate is fixed after the service receives the required number of transaction confirmations in the respective network. In the event of a market rate change of more than 0.5% at the time the cryptocurrency is received, the service has the right to recalculate the request amount.

5.6. In requests that involve the exchange of cash funds, the rate is recalculated automatically every 5 minutes until the confirmed acceptance of funds by the partner of the service.

6. PRIVACY POLICY AND PERSONAL DATA PROCESSING

6.1. General Provisions

• This Policy determines the procedure for processing, storing, and protecting the personal data of users of the Finbitflow service.
• The User provides active consent to this Policy via an obligatory checkbox when creating a Request.
• In this Policy, the following definitions are used:
  • Personal Data – any information relating to a directly or indirectly identified or identifiable individual (user).
  • Processing – any action (operation) or set of actions performed on personal data, including collection, recording, systematization, accumulation, storage, clarification, use, transfer (provision, access), blocking, erasure, or destruction.
  • Operator – the entity organizing and/or carrying out the processing of personal data.
  • User – an individual utilizing the services of the Operator.

6.2. Composition of Processed Data

• Contact Data: e-mail, phone number, other contacts provided by the User.
• Request Data: amounts, payment details (within the limits entered by the User), TxID, crypto wallet addresses, correspondence with support.
• Technical Data: IP, user-agent, cookies, date/time of actions, anti-fraud metrics; type of action performed on the Website (click, hover, etc.); last visit and activity; User’s device type; User’s location and others.
• KYC/SoF Data: documents confirming the User’s identity, their photo as biometric personal data; User’s card data; statements/receipts/explanations, and other confirmations of the origin of funds and confirmation of transactions.

6.3. Purposes of Personal Data Processing

• Providing website functionality and executing the Request.
• AML/KYC/SoF control, prevention of fraud, ensuring the security of Users and operations.
• User support, consideration of claims, and resolution of dispute situations.
• Performance of obligations upon requests of authorized bodies in the presence of legal grounds.

6.4. Legal Basis for Personal Data Processing

• Consent of the User.
• Execution of the user agreement (public offer) and provision of services.
• Legitimate interests of the Operator to ensure security, prevent fraud, and comply with AML procedures.

6.5. Transfer of Personal Data to Third Parties

The Operator is entitled to transfer personal data to third parties only in the volume necessary for the purposes indicated in this Policy, including:

• upon lawful request of competent authorities;
• to processors under an agreement — strictly in the volume required for work;
• to AML analyzers — in the volume of addresses/TxID/technical parameters of verification;
• to Payment providers upon request during AML incidents and/or suspicion of fraud or other illegal activities.

The Operator does not provide access to the personal data of Users and does not disclose them to third parties except for the cases listed in clause 6.5 of this Privacy Policy.

6.6. Periods of Personal Data Retention

• Data on Requests and logs: 36 months.
• KYC/SoF materials: 5 years.
• In the presence of a claim/dispute, storage can be extended until the completion of the proceedings.
• Upon expiration of retention periods, personal data are subject to destruction.

6.7. Secure Collection and Data Protection

• Data transfer is carried out via secure channels (HTTPS/TLS).
• KYC/SoF materials are accepted only through secure channels/forms/personal account dashboard (if available), access to them is restricted.
• Access of the Operator’s employees to data is granted by roles based on the “need to know” principle, strictly in the part necessary for the proper performance of their duties.
• Logging of access to KYC/SoF materials and key operations is maintained.
• Storage protection measures are applied (including encryption/control of backup copies, if available), as well as data minimization (only what is necessary is requested).
• The User is obliged to independently ensure the security of their devices and accounts.

6.8. Rights of the User

• The User has the right to request information about data processing, correction, updating, clarification, or deletion (if there are no grounds for storage).
• Withdrawal of consent is possible through a request to support; however, the use of the service may be restricted if processing is necessary for AML/security/Request execution.

7. Force Majeure

7.1. The Service and the User are released from liability for non-performance or improper performance of obligations if such performance became impossible due to circumstances of force majeure. Such circumstances inсlude, in particular: natural disasters, fires, floods, mass riots, acts of terrorism, changes in the political situation, as well as disruptions or termination of the operation of payment systems, communication channels, internet service providers, or power supply.

8. Terms of Acceptance and Payout of Fiat Payment Systems

8.1. Payment details provided by the Service for making fiat transfers are valid for 10 minutes from the moment of their issuance. After the specified period, incoming funds are not credited, are not subject to refund, and are recognized as erroneously transferred.

8.2. Transfers executed in a different currency, in a non-matching amount, via multiple transactions, or directed to details relating to other requests, may result in the complete and permanent loss of funds due to technical specifics of payment processing. In such situations, the Service bears no responsibility, however, subject to technical availability, it takes measures to verify the operation and return the funds. Upon return, the Service is entitled to withhold 20% as compensation for operational overheads and partner commissions. A similar procedure applies in the case of provision by the User of incorrect, outdated, or limit-restricted credentials, or when initiating a return at the User’s initiative without violation of the Service’s rules.

8.3. Transfers to bank cards, as a rule, arrive within the timeframes indicated during the request submission. Nevertheless, in certain cases, the crediting period may be increased up to three business days for reasons beyond the control of the Service.

8.4. The functioning of fiat directions is carried out using complex technical solutions. Delays in the automatic crediting of funds are possible. The permissible verification time ranges from 30 minutes to several hours, depending on the load and time of day. In special cases requiring clarification from the bank or payment systеm, the verification period may be extended up to 5 business days, considering that bank transfers can be processed for up to three business days. A statement for the credential specified in the request may be required to perform the verification.

8.5. The User is obliged to request confirmation of the conducted fiat payment no later than 24 hours after it was sent and provide the corresponding proof (receipt, statement, photo, or scan of the supporting document). If confirmation is directed after a longer period and the fact of crediting is not established, the Service bears no responsibility for the loss of funds. Such operations are not subject to refund or recalculation.

8.6. The transfer must be carried out exclusively from a bank card belonging to the User who submitted the request. Payment made from a third-party card or in the presence of reasonable suspicions of third-party involvement is subject to suspension until the completion of mandatory additional verification. Based on the results of the verification, funds are returned to the sender’s card less 20%. The verification method, the necessity of KYC procedures, and their volume are determined individually. The measures are aimed at eliminating fraudulent actions.

8.7. Upon detection of facts of payment by third parties, or under suspicion of such operations, all actions on the request are suspended until the full completion of the verification in order to ensure the safety of User funds.

8.8. The User is strictly forbidden from transferring bank card numbers, account details, or other data necessary to pay for a request to third parties. Violation of this requirement entails the application of the provisions stipulated in clauses 8.6 and 8.7.

8.9. In cases where a bank card possessing signs of high risk is used (including fraud risk or restrictions from the bank), the Service is entitled to request the provision of alternative details or execute a return of funds with a 20% retention, provided that technical availability exists for conducting the return operation.

8.10. A request is recognized as erroneous and is not subject to processing if the transfer amount differs from that specified during the request formation or is transferred in several parts. Such funds are not subject to refund.