General Service Agreement

1. Introduction

1.1 The present agreement defines the relationship between “Bitanica” LLC (hereinafter - the provider) and the user during the service provided by the provider

1.2 Based on the agreement, the provider undertakes to provide the user with services related to the virtual asset, and the user agrees to the terms of the agreement and undertakes to fulfill the conditions defined by the agreement and to pay the relevant commissions in exchange for the service (if any).

1.3 The relationship related to the service, together with the contract, is regulated by the legislation of Georgia.

2. General provisions

2.1 The user is informed of the agreement during the registration process on the provider's platform, before the end of the registration, and is obliged to fully and carefully familiarize himself with the terms of the agreement

2.2 After the user familiarizes himself with the agreement, it is confirmed, at which time the mentioned action is considered as the user's consent to the terms of the agreement, and the user undertakes to fulfill the aforementioned

2.3 After the restoration, the user can open only one account/wallet on the provider's platform

2.4 During the registration process, the user is obliged to provide the provider with correct and unmistakable information/data about him, in case of any change, he is obliged to provide information about it within a reasonable period of time

2.5 After going through the registration process, the user undertakes to go through the identification/verification process established by the legislation of Georgia on the provider's platform.

2.6 In the process of user registration and identification/verification, the provider is entitled to request additional information/documentation from the user, which is necessary to provide a complete service to the user.

2.7 The contract is valid from its confirmation until termination of the business relationship with the provider by the user.

3. Information about the service

Access and management of the user's own account/wallet is carried out through the provider's website and/or application

3.1 The user is authorized to carry out service-related transactions/operations with the virtual asset;

3.2 Operations are performed on the provider's platform (website/application), where the user fills in the relevant order form / submits the order to the provider;

3.2.1 By completing and confirming the assignment form, the user expresses his consent to the fulfillment of the request by the provider

3.2.2 Information about the performed operation/transaction is available to the user after the operation/transaction has been performed, both on the Porviader platform (website/application) and in the form of a separate message;

3.2.3 Information about completed orders is stored on the customer's account/wallet page (personal profile) and in the provider's system;

3.3 The provider's platform allows the user to perform the following services related to the virtual asset: purchase of the provider's virtual asset (stablecoin), purchase of another asset allowed on the platform, P2P trading, spot trading, transfer to another platform, exchange of virtual currency into monetary funds;

3.4 On the provider's platform, it is possible to search for a virtual asset through the channels indicated on the platform, which may include bank transfer, card operation and others.

4. Information about means of communication

4.1 By confirming this agreement, the user agrees that the provider will send him a message in his personal profile on the provider's platform and/or e-mail. in the form of sending a mail and/or SMS message

4.2 User acknowledges that submission of notice in any of the above ways shall be considered proper submission of notice

4.3 A message that is not related to the change of important points of the contract is considered confirmed if the user does not give feedback within 24 hours after receiving the message.

4.4 The notification sent by the user to the provider is considered received on the same day if it is submitted during the working hours of the provider

4.5 Notification received after the expiration of the working day shall be considered received on the following working day.

5. Amendments to the contract

5.1 In case of a change in the terms of the contract, a notification is sent to the user 60 days before the change enters into force.

5.2 In case of non-receipt of feedback on rejection by the user within 60 days of receiving the notification, the said change is considered accepted.

5.3 The provider reserves the right to notify the user of the change with a different time period than the one indicated above, if the change is due to legislative changes and the change is reflected in the user's favor.

5.4 Notification can be made in both Georgian and English and/or parties in another language allowed by.

5.5 Before the implementation of the change, the user has the right to terminate the contract immediately, without paying any commissions, costs and fees specified for termination of the contract before the term of the contract.

5.6 On the other hand, in case of refusal of the user to the changes, the provider is entitled to terminate the contract after the date of implementation of the changes.

6. Operation authorization

6‍.1 The operation is considered authorized only if there is the consent of the payer to carry out the operation, unless otherwise stipulated by the legislation of Georgia.

6.2 The payer may authorize the operation before or after the execution of the payment operation, if there is an agreement between the payer and the provider regarding the latter.

6.3 Consent to the implementation of an operation or a series of operations is given in the form agreed between the payer and the provider (including electronically).

6.4 Consent for the operation may be given by the payee or the payment initiation service provider.

6.5 In the absence of consent, the payment operation is considered unauthorized

6.6 The order given by the user to the provider must comply with the standards established by the rules of the provider and must contain the requisites that ensure the fulfillment of the order by the provider, and other information established by the legislation of Georgia.

6.7 The form and structure of the assignment is determined by the provider.

6.8 The user is responsible for the correctness and completeness of the details provided by him to the provider.

6.9 The order can be issued both in writing and using electronic, information telecommunication or other technological means.

6.10 The National Bank of Georgia is authorized to determine a different order of assignment (initiation) than that established by this article

7. Order acceptance, rejection, deadlines

7.1 The time the order is received is the moment when the payer's provider accepts the order, regardless of whether it is initiated by the payer or the payer.

7.2 If the order is received by the provider on a non-working day for him, it will be considered received on the next working day.

7.3 If the order is received during non-working hours (after 20:00) such order will be considered received on the next working day.

7.4 If the provider refuses to perform the order or initiate the payment operation, he is obliged to inform the customer about this.

7.5 Except as provided by the laws of Georgia, the provider is obliged to indicate the reason for the refusal and provide or otherwise make available the procedure for correcting the factual deficiencies that led to the refusal, if such information can be provided.

7.6 The provider is obliged to provide information to the user in the form agreed with him or otherwise make this information available to him in the shortest possible time, but not later than the deadline for completing the order.

7.7 If the payer does not have enough money to carry out the operation, the payer's provider has the right to refuse to perform the order, unless otherwise stipulated by the agreement between the payer and his provider.

7.8 If the payer and recipient are users of the same provider, the provider ensures that the amount specified in the order is reflected in the recipient's account and/or otherwise available to him on the day of receipt of the order, unless otherwise stipulated by the legal act of the National Bank of Georgia.

7.9 If the payer and recipient have different providers:

7.9.1 The payer's provider must ensure that the funds indicated in the order are credited to the recipient's account no later than the next banking day after receiving the order, unless otherwise stipulated by the legal act of the National Bank of Georgia

7.9.2 The recipient's provider is obliged to reflect the deposited amount on the recipient's account or make this amount available to him in another way on the day of the transfer of funds to his account, and if the day of transfer of funds is a non-working day for the provider - no later than the next working day.

7.10 When the user deposits cash into the account in the currency of this account or changes it to electronic money, the provider is obliged to credit this amount immediately after receiving it and make it available to the account holder or the user of electronic money.

7.11 The payer has the right to additionally request a certified document from the provider to confirm the performance of the order.

7.12 In order to confirm the fulfillment of the order, the document is issued in the manner established by the National Bank of Georgia, in physical or electronic form.

7.13 Based on the details of the operation, the conduct/existence of the operation in the system, the details of the operation, the purpose and date, as well as the enrollment in the recipient's provider's account can be confirmed in front of any authorized person, in writing or in electronic form, by an electronic document received from the system

7.14 Payment is considered completed from the moment funds are credited to the recipient's account

7.15 The customer has no right to claim the order if it has been accepted by the payer's provider

7.16 If a order is executed according to a unique identifier, it is considered to be correctly executed against the recipient that the unique identifier identifies.

7.17 If the unique identifier specified by the user is incorrect, the provider is not responsible for the failure to perform the operation or its incorrect performance.

8. Unauthorized or incorrectly executed payment operation

8.1 The user has the right to request the provider to take corrective measures for an unauthorized or incorrectly performed operation, if no more than 13 months have passed since the account was debited with the amount of the unauthorized or incorrectly performed operation, and the user has notified the provider about such operation without undue delay after discovering the unauthorized or incorrectly performed operation.

8.2 If the payment initiation service provider participated in the operation, the user has the right to request the payment service provider servicing the account to take corrective measures for the unauthorized or incorrectly executed operation.

8.3 If the User claims that the transaction is unauthorized or improperly executed, the Provider bears the burden of proving that the payment transaction was authenticated, correctly executed, recorded and accounted for, and that a technical malfunction or other defect in the Provider's service did not affect the transaction.

8.4 The provider is obliged to compensate the payer for the amount of the unauthorized payment operation, immediately, but no later than the end of the next working day of the day when the provider became aware of it or received a notification.

8.5 The Provider shall not be obliged to reimburse the Payer if it has reasonable suspicion of a breach by the User with fraudulent intent or gross negligence.

8.6 The payer is liable for damage caused by a stolen or lost payment instrument or its illegal appropriation or illegal use, resulting from an unauthorized operation, not exceeding 100 GEL, unless one of the following conditions is met:

8.6.1 It was impossible to detect the theft, loss, illegal appropriation of the payment instrument by the user before the operation was carried out

8.6.2 The loss was caused by the act or omission of the provider, its agent and/or the outsourcing company.

8.7 The payer is fully responsible for the damage related to the unauthorized operation caused by his fraudulent act.

9. Complaints Management

9.1 The user has the right to submit a complaint to the provider verbally or in writing (material or electronic) or in case of a corresponding agreement between them, by another long-term train.

9.2 The provider is obliged to carry out monitoring of activities related to responding to customer complaints, including registration and analysis of complaints.

9.3 It is obliged to confirm the receipt of the complaint submitted to the customer on the day of its receipt in material form or by other long-term means agreed with the customer.

9.4 In case of submitting a complaint orally, the provider is obliged to offer the user to submit a written complaint or, with the consent of the user, to make an audio recording of the complaint.

9.5 The day of receipt of the complaint is considered to be the working day when the user submits the complaint to the provider.

9.6 If the complaint is submitted on a non-working day, the next working day is considered the day of receipt.

9.7 The provider's decision on the complaint must address all issues raised in the complaint.

9.8 The provider is obliged to consider the customer's complaint and make a decision no later than 15 working days after receiving the complaint.

9.9 If, due to reasons beyond the Provider's control, it is not possible to consider the complaint and make a decision within the mentioned period, the Provider is obliged to inform the user of the justified reason for the delay, the deadline for considering the complaint and making a decision.

9.10 The deadline for making a decision on a complaint should not exceed 35 working days after receiving the complaint.

9.11 The provider is obliged to notify the user of the decision made immediately in the form chosen by the user (material or electronic form).

9.12 The user has the right, no later than 6 months from the date of filing a complaint with the provider, to file a complaint against the provider with the dispute review commission with the National Bank of Georgia (hereinafter - the Commission) only if the complaint submitted to the provider is not satisfied within the established period ( including non-response) or in case of partial satisfaction.

9.13 The user is authorized to apply to Commission if his claim does not exceed 50,000 GEL or the equivalent of 50,000 GEL in foreign currency (on the date of the disputed action or on the date of the submission). The commission considers the dispute and makes a decision within 90 calendar days after receiving the complaint (may be extended by 30 calendar days). The commission will consider the dispute free of charge. The user has the right to apply to the court even without applying to the commission.

10. Final Provisions

10.1. By confirming this agreement, the user agrees:

10.1.1 The provider shall process his personal data for the purpose of providing services to the client and fulfilling other obligations under this agreement. The parties ensure the security of the personal data obtained during the signing of this agreement.

10.1.2 In order to provide services, send informative messages, provide information about the performed operations and direct marketing, the provider shall use the client's personal data displayed in the system.

10.2. The user undertakes to protect and not disclose to third parties the personalized security features created by him or provided to him within the framework of this agreement, including for the purpose of using the service by another person on his behalf. If the user did not fulfill this obligation and/or intentionally or negligently performed the mentioned actions, he bears full responsibility for the consequences caused by the said actions and undertakes to fully compensate third parties for the damage caused by the said actions or inactions.

10.3. The Provider is authorized to transfer information related to the User to law enforcement authorities, other authorized authorities, if such an obligation is determined by law or for the purpose of determining whether this Agreement or the relevant normative act has been violated.

10.4. With the user's consent, his data may also be transferred to a service provider for initiating payment or accessing account information.

10.5. If necessary, the user is aware that the provider will collect/process all the credit/non-credit and other relevant information about the client, which is related to providing and receiving information to the credit information bureau in accordance with the rules and conditions stipulated by the legislation of Georgia.

10.6. The provider is entitled to provide any information/documents related to the user to an external auditor, consultant, advisor who provides professional services to the provider.

10.7. Each party represents that it has all consents, permits and licenses required by applicable law to perform this Agreement.

Legal address - Georgia, Tbilisi, Saburtalo District, Merab Aleksidze Street N12, Floor 8, Block "B", Office Space N39

Actual address - Georgia, Tbilisi, Saburtalo District, Merab Aleksidze Street N12, Floor 8, Block "B", Office Space N39

Contact information - [email protected]; [email protected];

Website - www.bitanica.com

In no case is the supervisory body responsible for the improper fulfillment of obligations by the provider!