Terms of Service

1. Eligibility

1.1 Age Requirement

You must be at least 18 years of age to use our Services. By using the Services, you represent and warrant that you are at least 18 years old. If you are under 18, you may not access or use our Services under any circumstances.

1.2 Legal Capacity

You represent and warrant that you have the legal capacity to enter into a binding agreement and to use our Services in accordance with these Terms. If you are using the Services on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms.

1.3 Geographic Restrictions

Our Services are not available to residents of certain jurisdictions where cryptocurrency transactions or gift card services are prohibited or restricted by law. You are responsible for ensuring that your use of our Services complies with all applicable laws in your jurisdiction. We reserve the right to restrict access to the Services from any jurisdiction at our sole discretion.

The Services are not available to individuals or entities located in, organised in, or resident in: (a) any country or territory subject to comprehensive sanctions by Switzerland, the European Union, or the United Nations; (b) any jurisdiction where the use of cryptocurrency is prohibited; or (c) any jurisdiction where we have determined, in our sole discretion, that providing the Services would be unlawful or impractical.

2. Account Registration

2.1 Account Creation

To access certain features of our Services, you must create an account. When creating an account, you agree to provide accurate, current, and complete information. You must keep your account information up to date and notify us of any changes.

2.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Create a strong, unique password for your account
• Not share your account credentials with any third party
• Notify us immediately of any unauthorised access to or use of your account
• Ensure that you log out from your account at the end of each session

We are not liable for any loss or damage arising from your failure to protect your account credentials.

2.3 One Account Per Person

Each individual may maintain only one account. Creating multiple accounts may result in termination of all your accounts and forfeiture of any outstanding balances or pending transactions.

3. Description of Services

3.1 Gift Card Marketplace

Byte operates a digital marketplace that enables users to purchase gift cards from various retail brands using cryptocurrency. We act as an intermediary, facilitating transactions between you and gift card providers. We are not the issuer of the gift cards and are not responsible for the terms, conditions, or policies of the underlying gift card programmes.

3.2 Service Availability

We strive to maintain continuous availability of our Services but do not guarantee uninterrupted access. The Services may be temporarily unavailable due to scheduled maintenance, system updates, or circumstances beyond our control. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time without prior notice.

3.3 Service Modifications

We continuously improve and update our Services. We may add, modify, or remove features, adjust pricing, change supported cryptocurrencies, or alter the selection of available gift cards at any time. Material changes will be communicated through our website or by email where appropriate.

4. Gift Card Purchases

4.1 Order Process

When you place an order for a gift card, you are making an offer to purchase. Your order constitutes an offer that is accepted by us when we deliver the gift card code to you. We reserve the right to refuse or cancel any order for any reason, including but not limited to suspected fraud, verification failures, or gift card unavailability.

4.2 Gift Card Delivery

Gift card codes are delivered electronically. Delivery times vary depending on payment confirmation, verification requirements, and other factors. While we aim to deliver gift cards promptly, we do not guarantee specific delivery times. You are responsible for providing accurate delivery information.

4.3 Gift Card Terms

Each gift card is subject to the terms and conditions of its issuer. You are responsible for reviewing and complying with those terms. Gift cards may have expiration dates, usage restrictions, or other limitations imposed by the issuer. We are not responsible for any restrictions, fees, or limitations imposed by gift card issuers.

4.4 No Refunds

Due to the digital and instant nature of gift card delivery, all sales are final. We do not offer refunds, exchanges, or cancellations once a gift card code has been delivered or a cryptocurrency payment has been confirmed. This policy exists because:

• Gift card codes cannot be "returned" once revealed
• Cryptocurrency transactions are irreversible by design
• We incur costs to acquire gift cards that cannot be recovered

If you experience an issue with a gift card (e.g., invalid code, incorrect denomination), please contact our support team within 48 hours of delivery. We will investigate and, at our discretion, may provide a replacement or credit.

5. Cryptocurrency Payments

5.1 Supported Cryptocurrencies

We accept payment in select cryptocurrencies as displayed on our platform. The list of supported cryptocurrencies may change at any time. You are responsible for ensuring you send the correct cryptocurrency to the correct address.

5.2 Payment Confirmation

Orders are processed after receiving the required number of blockchain confirmations for the relevant cryptocurrency. The number of required confirmations varies by cryptocurrency and may be adjusted based on network conditions and security considerations.

5.3 Exchange Rates

Cryptocurrency exchange rates are determined at the time of order placement and are valid for a limited period. If your payment is not received within the specified time window, the order may be cancelled or recalculated at current rates. We are not responsible for losses due to exchange rate fluctuations.

5.4 Transaction Fees

You are responsible for all blockchain network fees (gas fees, miner fees, etc.) associated with your cryptocurrency transactions. We recommend using appropriate fee levels to ensure timely confirmation of your transactions.

5.5 Payment Errors

If you send cryptocurrency to an incorrect address, send an incorrect amount, or send an unsupported cryptocurrency, we cannot guarantee recovery of your funds. Cryptocurrency transactions are irreversible. While we will make reasonable efforts to assist in error resolution, we are not liable for losses resulting from user error.

6. Identity Verification

6.1 Verification Requirements

To comply with Swiss anti-money laundering (AML) regulations and international standards, we may require identity verification before processing certain transactions. Verification requirements are based on transaction amounts, cumulative activity, risk assessments, and regulatory requirements.

6.2 Verification Tiers

We operate a tiered verification system. Higher transaction limits require more extensive verification. You may be required to provide:

• Email verification
• Phone number verification
• Government-issued photo identification
• Proof of address (utility bill, bank statement, etc.)
• Selfie or video verification
• Additional documentation as required by law

6.3 Verification Decisions

We reserve the right to approve, deny, or request additional information for any verification submission. Verification decisions are made at our sole discretion and are final. We are not obligated to disclose the reasons for verification decisions.

6.4 Ongoing Monitoring

We conduct ongoing monitoring of accounts and transactions to detect suspicious activity. We may request updated verification information at any time. Failure to provide requested information may result in account restrictions or termination.

7. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

7.1 Illegal Activities

• Using the Services for money laundering, terrorist financing, or any other illegal purpose
• Purchasing gift cards with funds derived from illegal activities
• Reselling gift cards in violation of issuer terms or applicable law
• Evading sanctions, export controls, or other trade restrictions
• Tax evasion or fraudulent tax reporting

7.2 Fraud and Abuse

• Providing false, inaccurate, or misleading information
• Creating multiple accounts or using another person's account
• Manipulating or exploiting our pricing, promotions, or systems
• Using stolen cryptocurrency, credit cards, or other payment methods
• Engaging in chargebacks, payment reversals, or fraudulent disputes

7.3 Technical Abuse

• Attempting to gain unauthorised access to our systems or other users' accounts
• Interfering with or disrupting the integrity or performance of the Services
• Reverse engineering, decompiling, or disassembling any aspect of the Services
• Using bots, scrapers, or automated tools without our written permission
• Circumventing security measures or access controls

7.4 Consequences

Violation of these prohibitions may result in immediate account termination, forfeiture of any pending orders or balances, reporting to law enforcement authorities, and legal action to recover damages.

8. Intellectual Property

8.1 Our Intellectual Property

The Services and all content, features, and functionality (including but not limited to text, graphics, logos, icons, images, audio, video, software, and code) are owned by Byte or our licensors and are protected by Swiss and international copyright, trademark, patent, trade secret, and other intellectual property laws.

8.2 Limited Licence

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for personal, non-commercial purposes in accordance with these Terms. This licence does not include the right to:

• Modify, copy, or create derivative works based on the Services
• Use the Services for commercial purposes without our written consent
• Remove, alter, or obscure any proprietary notices
• Transfer or sublicence your rights under this licence

8.3 Trademarks

"Byte", "Byte Gift Cards", our logo, and other marks are trademarks of Byte Gift Cards AG. Other trademarks, service marks, and logos appearing on the Services are the property of their respective owners. Use of third-party trademarks does not imply endorsement or affiliation.

9. User Content

If you submit, upload, or otherwise provide any content to us (including feedback, suggestions, reviews, or communications), you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable licence to use, reproduce, modify, adapt, publish, translate, distribute, and display such content for any purpose.

You represent and warrant that you own or have the necessary rights to grant this licence and that your content does not infringe the rights of any third party.

10. Third-Party Services

The Services may contain links to or integrations with third-party websites, services, or applications. We do not control and are not responsible for the content, privacy policies, or practices of third parties. Your interactions with third parties are solely between you and the third party.

Gift cards are issued by third-party retailers and are subject to their terms and conditions. We are not the issuer of gift cards and make no representations or warranties regarding third-party products or services.

11. Disclaimers

Without limiting the foregoing, we do not warrant that:

• The Services will meet your requirements or expectations
• The Services will be uninterrupted, timely, secure, or error-free
• The results obtained from using the Services will be accurate or reliable
• Any gift card purchased will be accepted by any particular merchant
• Any errors in the Services will be corrected

Cryptocurrency markets are highly volatile. We do not provide investment, financial, tax, or legal advice. You are solely responsible for evaluating the risks associated with cryptocurrency transactions.

12. Limitation of Liability

12.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BYTE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES.

12.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM; OR (B) CHF 100.

12.3 Specific Exclusions

We are not liable for: (a) losses caused by cryptocurrency price fluctuations; (b) losses caused by blockchain network delays, failures, or congestion; (c) losses caused by your failure to secure your account credentials; (d) losses caused by sending cryptocurrency to incorrect addresses; (e) actions or omissions of gift card issuers; or (f) any force majeure events.

13. Indemnification

You agree to indemnify, defend, and hold harmless Byte and its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any rights of a third party; (d) your violation of any applicable law or regulation; or (e) any content you submit to the Services.

14. Termination

14.1 Termination by You

You may terminate your account at any time by contacting our support team. Account termination does not relieve you of any obligations incurred prior to termination, including payment for any pending orders.

14.2 Termination by Us

We may suspend or terminate your account and access to the Services at any time, with or without cause, with or without notice, effective immediately. Reasons for termination may include, but are not limited to:

• Violation of these Terms
• Suspected fraud or illegal activity
• Failure to complete required verification
• Request by law enforcement or government authority
• Unexpected technical or security issues
• Extended periods of inactivity

14.3 Effect of Termination

Upon termination, your right to use the Services will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, limitations of liability, and dispute resolution provisions.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating formal dispute resolution, you agree to first contact us at legal@bytegiftcards.com and attempt to resolve the dispute informally. We will attempt to resolve disputes within 30 days of receiving your notice.

15.2 Arbitration

If informal resolution fails, any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall be settled by binding arbitration administered by the Swiss Chambers' Arbitration Institution in accordance with the Swiss Rules of International Arbitration. The seat of arbitration shall be Zurich, Switzerland. The arbitration shall be conducted in English. The decision of the arbitrator shall be final and binding.

15.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration.

15.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

16. Governing Law

These Terms and any dispute arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

17. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will update the "Last updated" date and, for material changes, provide notice through our website or by email. Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms.

If you do not agree to the revised Terms, you must stop using the Services and close your account.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Byte regarding the Services and supersede all prior agreements and understandings.

18.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

18.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorised representative of Byte.

18.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign or transfer these Terms without restriction. These Terms shall bind and inure to the benefit of the parties and their permitted successors and assigns.

18.5 Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labour, or materials.

18.6 Notices

We may provide notices to you by email to the address associated with your account or by posting on our website. Notices to us should be sent to legal@bytegiftcards.com or by mail to our registered address.

19. Contact Information

If you have any questions about these Terms, please contact us: