Version 3.1 - last changed on 28 July 2023

General Terms and Conditions Bitonic B.V.

Introduction

This The User agreement and the terms and conditions (The User Agreement), which are made available to you and must be expressly accepted before you can create an account and use the Services (as defined below, as well as all capitalized words), apply at all times and exclusively to your relationship with Bitonic and the Foundation and all Services to be provided by them to you.

The User Agreement is an agreement between you, The User on the one hand and Bitonic and the Foundation on the other. The Foundation has the sole task and purpose of keeping Funds of The Users separate in order to create separate assets from Bitonic.

Bitonic is an institution within the meaning of the Money Laundering and Terrorist Financing Prevention Act (Wwft). Therefore Bitonic was required to request registration with DNB. DNB has registered Bitonic under number R125217. Please note: this does not mean that DNB supervises the financial health of Bitonic. Bitonic and the Foundation are not supervised by the AFM. Bitonic is neither a bank nor a credit institution. The Deposit Guarantee Scheme and the Investor Compensation Scheme do not apply to the Services offered by Bitonic.

The User Agreement shall be used in conjunction with all of the following Attachments to be explained:

Risk statement

The User understands that there are risks associated with the use of the Services and has carefully considered whether his/her financial situation and risk tolerance are appropriate for the use of the Services.
The User has the relevant knowledge to make responsible, well-considered decisions regarding the Buy and/or Sale of Bitcoin.
The User agrees to purchase and/or sell Bitcoin at his own risk and understands that completed Transactions cannot be undone or reversed.
The User understands that Bitonic does not provide advice regarding the Buy and/or Sale of Bitcoin. If Bitonic suspects that The User is directly or indirectly involved in fraud, scams or other illegal activities, The User will be warned.

Article 1: Definitions

Account: An Account with Bitonic, which gives access to the Services.
API: Application Programming Interface with which information can be exchanged between Bitonic and The User in a formalized manner.
App: A mobile application published by Bitonic.
Bitonic: Bitonic B.V., a private company with limited liability under Dutch law, with its registered office and principal place of business in (1018 BH) Amsterdam at Hoogte Kadijk 143 F 8, registered with the Chamber of Commerce under number 58276149.
Bitonic Wallet: A wallet hosted by Bitonic (linked to a specific The User) that enables The User to use the App and/or Website Bitcoin and/or Euro Credit.
Bits: A service that allows The User to periodically purchase Bitcoin and have it sent to a hosted and/or self-hosted wallet owned by The User.
Bitcoin: A crypto asset as referred to in Article 3 paragraph 1 under 5 MiCA.
Buy: A purchase of Bitcoin for Euro and/or Euro Credit.
Completed Transaction: A Transaction is considered completed when it has been processed or sent by Bitonic.
Delivery Address: A Delivery Address is a Bitcoin address of a hosted and/or self-hosted wallet owned by The User.
Euro: An official currency that can be used to buy and/or sell Bitcoin.
Euro Credit: A limited-use payment instrument issued by Bitonic. This instrument is issued at par upon receipt of Euro by the Foundation and enables The User to purchase and/or sell Bitcoin within a limited network.
Foundation: Stichting Bitonic Payments, a foundation under Dutch law, with its registered office and principal place of business in (1018 BH) Amsterdam at Hoogte Kadijk 143 F 8, registered with the Chamber of Commerce under number 58799117.
Funds: Bitcoin and Euro that have been taken into custody by the Foundation, which are kept separate by the Foundation in order to create a separate asset from Bitonic.
The User: A natural or legal person who has a verified Account and uses the Services.
Incident: An event in which a third party unlawfully and without permission gains access to the personal and other sensitive data in The User's Account, such as stealing privacy-sensitive information and/or carrying out unauthorized Transaction(s).
MiCA: Regulation (EU) 2023/1114 of the European Parliament and of the Council on crypto-asset markets and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937.
OTC: A service that allows The User to buy and/or sell Bitcoin for a pre-agreed price (quote), outside the App or Website.
Receiving Address: A Receiving Address means a Bitcoin address of a hosted and/or self-hosted wallet owned by The User or a Bitcoin address of a Bitonic hosted wallet (of Bitonic itself or associated with a specific The User).
Return Address: A Bitcoin address provided by The User of a hosted and/or self-hosted wallet owned by The User.
Transaction: Transaction between Bitonic and The User. This can be both a Buy and a Sale.
Sell: A sale of Bitcoin for Euro and/or Euro Credit.
Services: All Services that Bitonic offers via the App and/or Website.
Website: https://bitonic.nl/, https://bitonic.com/ and all related subdomains.

Article 2: Opening the Account

The opening or use of an Account is reserved for a natural or legal person (represented by an authorized representative) residing or having its registered office in the European Economic Area, Switzerland or the United Kingdom. By opening and using an Account, The User declares to comply with this requirement and informs Bitonic of any possible changes.
It is only permitted to open an Account and use the Services by natural persons and (representatives of) legal entities who:
1. are of age (18+ in the Netherlands) and have full decision-making power and legal capacity with regard to their own assets (or that of the legal person being represented);
2. are entitled to enter into The User Agreement and to purchase the Services on the basis of the laws and regulations applicable to him/her; and
3. do not qualify as a 'US Person’.
The aforementioned conditions are checked and verified by Bitonic to the extent reasonably possible. Bitonic may, on the basis of those checks and verifications, as well as on other grounds that it deems reasonable, refuse to grant an Account and refuse access to the Services.
By registering an Account and using the Services, The User declares and guarantees to Bitonic and the Foundation that he/she:
1. has read The User Agreement and is familiar with and agrees to its contents;
2. is at least 18 years old or the minimum age required to receive the Services in his/her country of residence;
3. understands the risks associated with (trading) crypto-assets and that he/she accepts these risks;
4. is fully authorized to independently perform (legal) acts and to dispose of his/her assets and rights;
5. has verified that all information and documents sent to Bitonic are accurate and complete;
6. everything he/she deposits (Euro or Bitcoins) is only his/her own and has been obtained lawfully, from bank account(s) or wallet(s) registered in his/her name;
7. creates and uses only one Account;
8. will not use the Services in a manner that is contrary to (the provisions of) The User Agreement, (other) laws and/or regulations applicable to the Services and/or otherwise in a manner that is fraudulent and/or unlawful;
9. does not qualify as a ‘US Person’;
10. does not appear on a sanctions list;
11. is not a PEP (Politically Exposed Person) himself, nor are his/her relatives and/or close associates a PEP; and
12. is not a resident of a country against which sanctions have been issued by the Netherlands, the European Union, the United Nations and/or the United States.
If Bitonic suffers damage due to an incorrect statement by The User, Bitonic can recover this damage from The User.

Article 3: Access and use of the Account

Depending on the country of residence or the country from which The User has access to the Services, The User may not be allowed to use the Services. The User is responsible for compliance with laws and regulations that apply in his country of residence and/or the country from which The User accesses the Services. The User declares and warrants that its use of the Services is permitted under applicable laws and regulations.
If The User is a legal person, the Account may only be used by a person who is authorized to represent the legal entity. The User is responsible for limiting access to the Account to only authorized persons.
Transactions on behalf of a legal entity or personal partnership (excluding sole proprietorship) may only be made from a business (verified) bank account in the name of the company in question. In all cases, Bitonic can and may verify this.
The User provides Bitonic with current, accurate and complete information during the registration and verification process. The User is obliged to inform Bitonic on its own initiative of changes in the information provided or other facts or circumstances that are important to Bitonic in relation to the Service. Any negative consequences or damage(s) suffered by The User as a result of failure to do so are exclusively for his/her account and risk.
The User may only act on his own behalf. The User is not permitted to transfer his Account and/or have it used by another natural or legal person, regardless of whether this use takes place on behalf of The User, unless Bitonic has given explicit written permission for this.
The User may not use the Account and the Services for any criminal activity of any kind, including but not limited to money laundering, terrorism financing, sanctions evasion, fraud and/or other illegal activities.
While Bitonic endeavours to provide The User access to their Account and use of the Services 24 hours a day, 7 days a week, please note that such access cannot be guaranteed. Any planned major maintenance will be announced by Bitonic at least 24 hours in advance.

Article 4: Termination of the Account

Bitonic can terminate an Account for compelling reasons and thereby cancel The User Agreement. This means that outstanding Transactions will be settled. During settlement, all applicable terms of The User Agreement will remain in effect.
The User may terminate The User Agreement and his Account with immediate effect at any time, unless prohibited by applicable law or regulation.
Termination of The User Agreement automatically results in the Account being closed and the Services no longer being provided, unless this is necessary in connection with rights and obligations that existed prior to the date of termination of The User Agreement.
The User has 14 days to withdraw his Funds. If The User has not taken any action within this period, Bitonic reserves the right to sell the Funds and deposit the proceeds, after deduction of costs incurred, into The User's verified bank account.
In the event of a breach by The User of the provisions of The User Agreement, unlawful use or misuse of the Services, or any other act by The User that (potentially) causes damage to or by the Services, Bitonic is entitled to suspend or block specific or complete use of an Account, suspend or cancel a pending Buy or Sale, suspend or cancel a deposit or withdrawal of Funds, freeze the Funds related to an Account or suspend the cancellation of an Account. This can only be for the duration of an investigation, but it can also be permanent. The foregoing also applies if a third-party attachment has been/will be levied on The User's Funds. Bitonic does not share data with governments or investigative services, unless Bitonic is legally obliged to do so.

Article 5: Verification

Both upon opening and during the use of the Account, The User commits to provide Bitonic with all information that Bitonic deems necessary or may reasonably be necessary to comply with its legal obligations (including those arising from anti-money laundering and sanctions regulations), on a continuous basis, if requested but also unsolicited.
The verification process and any additional requirements may take some time. This can lead to delayed Services, which may have adverse consequences for The User. The User is aware of this and indemnifies Bitonic against any resulting damage.
In cases that Bitonic has not received all information from The User during the verification or that the information received gives reason to do so, Bitonic can terminate the Account.
The User consents to the collection and use of information in accordance with the Privacy Policy by using the Services.

Article 6: Limits

The User's access to the Services includes restrictions, including (a combination of) daily, weekly, monthly, yearly and/or aggregate:
1. trading limits;
2. deposit limits;
3. withdrawal limits.
In principle, the limits are set in advance on the basis of the information provided by The User.
Bitonic reserves the right to change the procedures and limits from time to time without advance notice.
The User can request higher limits. Based on the information and/or documentation provided, Bitonic determines whether the limits will be increased.

Article. 7: Bitcoin

After The User has deposited Bitcoin into the Bitonic Wallet, this Bitcoin is kept separate by the Foundation in order to create a separate capital from Bitonic. The User has a right of claim against the Foundation, in proportion to the amount set aside by the Foundation. The Foundation is not entitled to (independently) dispose of the relevant Bitcoin.
Bitonic sends Bitcoin at the request of The User to a Delivery Address specified by The User. This Delivery Address, of a hosted and/or self-hosted wallet, must be owned by The User. Withdrawals may be delayed due to security measures taken by Bitonic and/or pressure on the Bitcoin network.
A deposit of Bitcoin will be added to the balance on The User's Account as soon as possible after one network confirmation. The User is responsible for obtaining network confirmations.
The User acknowledges that holding Bitcoin in the Bitonic Wallet involves significant risks. Bitonic and the Foundation take the necessary measures to protect the Bitonic Wallet in order to prevent Incidents. The User acknowledges that any use of the Bitonic Wallet is at The User's own risk.
The User agrees to deposit Bitcoin only into the Bitonic Wallet from a hosted and/or self-hosted wallet owned by The User and not originating directly from an unregulated gambling platform, Darknet Market or other illegal sources or from a direct payment by a third party to The User. Bitonic can and may verify this.
The User agrees to withdraw Bitcoin only from the Bitonic Wallet to a hosted and/or self-hosted wallet owned by The User, not being a Receiving Address at an unregulated gambling platform, Darknet Market or other illegal sources or Receiving Address used for a direct payment to a third party. Bitonic can and may verify this.
Only in those cases that Bitonic explicitly indicates that The User can claim crypto-assets when forking a crypto-asset network, can these be claimed by The User. In all other cases, The User is not entitled to the proceeds of a fork. Bitonic is not liable for damage or loss of income from the choice to support the split network. Bitonic reserves the right to determine which network applies to the crypto assets offered by Bitonic.

Article 8: Funds

The Foundation operates on the basis of an agreement with Bitonic. The Foundation keeps The User's Funds separate in order to create separate assets from Bitonic. The Foundation is a party to this The User Agreement solely for this purpose of asset segregation. The Foundation may use third parties for the custody of the Funds.
The User declares that all of its current and future Funds have been obtained legitimately and are not directly and/or indirectly related to criminal activity of any kind, including but not limited to money laundering, terrorist financing, sanctions evasion, fraud and/or any other illegal activity.
The User declares that he only keeps Funds for himself and not for third parties.
Bitonic reserves the right to investigate the provenance of Funds and take appropriate measures to mitigate risk. Bitonic may return Funds to a verified bank account and/or Return Address.
In case of suspected fraud and/or misuse, Bitonic has the right to suspend or cancel deposits and/or withdrawals of Funds until legitimacy has been verified. Bitonic may determine in its sole discretion that any deposit and/or withdrawal of Funds requires additional investigation, cancellation and/or return.
The User agrees to only transfer or send Funds from a bank account or hosted and/or self-hosted wallet owned by The User. In all cases, Bitonic can and may verify whether the relevant bank account or hosted and/or self-hosted wallet belongs to The User. The use of an anonymous bank account (eg: prepaid bank account / debit card) is not allowed.
The User is responsible for entering correct information (including Receiving Address, Return Address, Delivery Address, amount of Bitcoin and payment information) when withdrawing and depositing Funds and declares to know that Transactions cannot be reversed. Bitonic is not liable for damage caused by providing incorrect information.
Withdrawals and deposits of Funds may be delayed as a result of security measures taken by Bitonic, Bitcoin network congestion and/or malfunctions at payment service providers or banks. If something goes wrong with the processing of transactions, The User is entitled to support.
When an Account hasn’t been used for 5 years and Bitonic is unable to contact The User, Bitonic can terminate the Account and thus terminate the relationship. In such a case, The User loses all rights to the Funds.
The Euro Credit enables The User to purchase and/or sell Bitcoin within the App or Website. The Euro Credit may not be used for other purposes. No interest is paid on the Euro Credit.

Article 9: Purchase

The User can purchase Bitcoin via the Website and have it sent directly to a hosted and/or self-hosted wallet owned by The User, which is not a Receiving Address at an unregulated gambling platform, Darknet Market or other illegal sources or Receiving Address used for direct payment to a third party. The quote for buying, via the means mentioned in this paragraph, can be seen at the time of buying and is determined at the time the payment is initiated via the payment service provider.
The User can buy and store Bitcoin in the Bitonic Wallet using the App and/or Website. The quote for buying Bitcoin, through the means mentioned in this paragraph, is shown at the time of buying and is valid for a limited time.
The User can periodically purchase Bitcoin via Bits and have it sent to a Receiving Address of The User. Bitonic determines the value for Bitcoin at the time payment is received by Bitonic.
The User can bundle purchases via Bits up to a maximum amount. The bundled amount of Bitcoin is not stored and managed as described in article 7 paragraph 1 of this The User Agreement. After reaching the maximum amount set by The User or at the request of The User, Bitcoin is sent to a Receiving Address of The User. Bitonic reserves the right to adjust the stated maximum amount at any time and will inform The User of the change.
If a Bits savings plan is inactive for three months, the bundled amount will be automatically sent to the Receiving Address specified by The User.
The User can buy Bitcoin via OTC for a pre-agreed price (quote) within the meaning of Article 12 of this The User Agreement.

Article 10: Sale

The User can sell Bitcoin via the Website from a hosted and/or self-hosted wallet that is owned by The User and does not come directly from an unregulated gambling platform, Darknet Market or other illegal sources or arises from a (direct) payment to The User. The quote for selling, through the means mentioned in this paragraph, is shown at the time of selling and is valid for a limited time.
If Bitcoin is not received by Bitonic in time, no payment can be made, unless The User agrees to a new quote. If Bitcoin is not received in a timely manner, Bitonic may cancel the Transaction and return Bitcoin to the specified Return Address, where costs may apply. These costs are for the account of The User.
The User can sell Bitcoin from the Bitonic Wallet using the App and/or Website. The quote for selling Bitcoin, through the means mentioned in this paragraph, is shown at the time of selling and is valid for a limited time.
The User can sell Bitcoin via OTC for a pre-agreed price (quote) within the meaning of Article 12 of this The User Agreement.

Article 11: Transactions and Trading

Upon the User's first purchase, Bitonic initiates a waiting period ("cooldown period") for sending Bitcoin to a hosted and/or self-hosted wallet owned by the User, which can last up to 1 business day.
When buying and/or selling Bitcoin, The User complies with all relevant laws and regulations that apply to him.
Bitonic may cancel or refuse one or more (proposed) Transactions for its own reasons. This may be the case, for example, but not exclusively, in the event of insufficient stock, exceptional market conditions or if Transactions (appear to be) in conflict with The User Agreement. Bitonic is not liable for damage caused by the failure to perform one or more Transactions.
In the event of suspected fraud and/or abuse, Bitonic has the right to suspend Transactions until legitimacy has been verified. If a Transaction is stopped for more than 60 days, Bitonic can cancel the Transaction and proceed to return Euro or Bitcoin as described in article 11 paragraph 5 and article 11 paragraph 6 of this The User Agreement.
If the Purchase of Bitcoin cannot take place due to non-compliance with this The User Agreement, Bitonic can return the purchase amount in Euros, minus the costs incurred by Bitonic, to the verified bank account of The User. These costs include the exchange rate difference caused by selling the Bitcoin reserved for The User at the price applicable at that time. The User can never get more Euros back than his original purchase amount.
If the Sale of Bitcoin cannot take place due to non-compliance with this The User Agreement, Bitonic can return Bitcoin, minus the costs incurred by Bitonic, to the specified Return Address. These costs include the exchange rate difference caused by buying back Bitcoin at the price applicable at that time. The User can never get back more Bitcoin than originally received by Bitonic.

Article 12: OTC

The User can buy and/or sell Bitcoin via OTC for a pre-agreed price (quote).
The User can initiate Transactions via a chosen Bitonic communication channel. The offer that Bitonic subsequently gives is indicative and does not include all applicable costs.
If The User has confirmed the (proposed) Transaction and the Funds have been received by Bitonic, the Transaction will be performed for The User by Bitonic. The User will then receive a confirmation from Bitonic in which the costs of the Transaction are included.

Article 13: Tariff, costs and reimbursement policy

Bitonic charges fees for buying and/or selling Bitcoin and depositing and/or withdrawing Funds. These costs may consist of trading costs, transaction costs and service charges.
Trading Fees, Transaction Fees and Service Fees are subject to change at any time. The User is aware of this and declares to accept changes in advance.

Article 14: Security

The User is responsible for securing access to his Account, including but not limited to the following security measures:
1. a secure internet connection;
2. a unique and sufficiently complex password;
3. an up-to-date smartphone or computer equipped with a virus scanner;
4. an email account equipped with two-factor authentication (2FA) to which only The User has access;
5. an installed extension that enforces a secure https connection.
The security measures referred to in the previous paragraph are indicative and no rights can be derived from them. Bitonic is not liable for damage caused by non-compliance with security measures that The User should reasonably have taken.
Bitonic never asks The User for a password and/or two-factor authentication (2FA) code via a communication channel. The User declares never to respond to such requests.
In the event that The User knows or should reasonably know that his authentication data has been stolen and/or can be misused, The User must immediately contact us via contact@bitonic.nl.

Article 15: Consumer Rights

Within the European Union, every consumer has a basic level of consumer rights. However, these do not apply in certain situations and in relation to specific goods or services. The Services that Bitonic offers fall under one of those situations: a purchase of Bitcoin via the App or Website cannot be revoked (dissolved) due to the provisions of art. 6:230p DCC.

Article 16: Privacy

Bitonic collects and processes personal data of The User when using the Services.
The main purpose of collecting and processing the personal data is that Bitonic can provide its Services to The Users in accordance with Bitonic's obligations under applicable laws and regulations. The privacy and cookie statement applies to any use of the Services. The User declares to have read and understood the privacy and cookie statement.

Article 17: Complaints

The User can submit complaints free of charge via klachten@bitonic.nl. The complaints procedure applies.
If The User does not provide additional information and/or documentation, Bitonic may decide not to handle a complaint.

Article 18: APIs

The API provides The Users and third parties with information in a formalised way (including the buying and selling price of Bitcoin, the average price of Bitcoin and the 24-hour volume of Bitonic).
No rights can be derived from the information provided by Bitonic via the API. Bitonic is therefore not liable for incorrect or misinterpreted information provided via the API.

Article 19: Liability

The Foundation is never liable for any damage, by whatever name and in the broadest sense of the word.
Bitonic is never liable for indirect damage(s), by whatever name and in the broadest sense of the word.
In addition to what is stipulated elsewhere in this The User Agreement, Bitonic is never liable for any damage, by whatever name and in the broadest sense of the word, caused by and/or related to:
1. the inability or delay to use the Services via the App or Website as a result of (technical) malfunctions beyond Bitonic's control, including but not limited to malfunctions and/or errors in the Bitcoin blockchain;
2. delays in (the provision of) the Services as a result of (technical) malfunctions as referred to under (a);
3. apparent errors that occur in (the provision of) the Services, including but not limited to unrealistic (sale) prices;
4. the incorrect provision of incorrect information via the App or Website by The User, including but not limited to entering incorrect Receiving address(es), Return address(es), Delivery Address(es) and/or payment details;
5. change(s) in and/or termination of Services and/or total termination of The User Agreement as a result of changed laws and/or regulations applicable to the Services;
6. a decrease or increase in value of Bitcoin and/or other (technical) risks associated with crypto-assets, including but not limited to hacking;
7. failure to securely store Bitcoin at a Receiving Address of The User's hosted and/or self-hosted wallet;
8. misuse, unauthorised use or incorrect use of the Services by The User, including but not limited to the use of the Services by The User in a manner that is contrary to (the provisions of) The User Agreement and/or (other) laws and/or regulations applicable to the Services.
If and insofar as Bitonic should be liable for damage suffered by The User, the scope of that liability is in all cases limited to a maximum amount of 1,000 (thousand) Euro.
If and insofar as Bitonic should be liable for damage suffered by The User, a claim for compensation will lapse if the claim has not been brought before the competent court within 12 (twelve) months after the facts on which the claim is based were known or could reasonably have been known to The User.
If the Bitonic loses Bitcoin or means of access to Bitcoin as a result of an Attributable Incident, liability is limited to a maximum of the market value of the lost Bitcoin at the time it was lost.
If The User does not qualify as a consumer, The User indemnifies Bitonic and the Foundation against all damage, liability and/or other negative consequences suffered or instituted by third parties as a result of the use of the Services by The User in a manner that is contrary to (the provisions of) The User Agreement, (other) laws and/or regulations applicable to the Services and/or due to intentional, fraudulent and/or unlawful actions by The User.
In the event of force majeure within the meaning of Art. 6:75 of the Dutch Civil Code, Bitonic is entitled to suspend its obligations towards The User and/or to terminate The User Agreement. The User is not entitled to compensation as a result of termination of The User Agreement.

Article 20: Change clause

Bitonic has the right to unilaterally change The User Agreement, privacy and cookie statement, responsible disclosure, complaints procedure and risk statement unilaterally change services.
Changes will be notified to The User by email and will take effect thirty (30) days after notification.
If The User continues to use the Services after the changes take effect, this constitutes the acceptance of The User. If The User does not agree with the changes, The User has the option of terminating his Account within the meaning of Article 4 of this The User Agreement.

Article 21: Closing provisions

The User is responsible for the declaration and payment of any taxes, levies and similar charges associated with the use of the Services.
If one or more provisions of this The User Agreement or Appendices prove to be invalid, the other provisions of The User Agreement and Appendices will remain in full force and effect.
The records maintained by Bitonic and the Foundation shall serve as complete and conclusive evidence of the legal relationship between Bitonic, the Foundation, and the User.
The User may not transfer their rights and/or obligations acquired or arising under this User Agreement or its execution to a third party without obtaining prior written permission from Bitonic. In addition to contract law effect, this clause also has property law effect as referred to in art. 3:83 paragraph 2 Dutch Civil Code.
The User gives Bitonic and the Foundation permission in advance to transfer all rights and obligations under The User Agreement and all related (legal) acts to third parties, either by contract takeover (art. 6:159 DCC) or separately (art. 6:155 DCC). Bitonic or the Foundation remains responsible towards The User for compliance with The User Agreement, until The User has been informed about the transfer and about the (legal) person to whom the rights and/or obligations have been transferred.
If Bitonic or the Foundation makes no or partial use of (one of) their rights, this does not mean that they waive these rights and does not release The User from his/her obligations in that context.
Dutch law applies exclusively to the Services, The User Agreement, Appendices and related agreements as well as the implementation thereof.
Any disputes arising from or related to (the performance of) the Services, The User Agreement, Appendices and related agreements or the legal relationship between Bitonic, the Foundation and The User can only be submitted and settled by the competent court of the Amsterdam District Court.