OUR BATM TERMS OF USE AGREEMENT

FinCEN MSB REGISTRATION# 31000095275143

This is a copy of our TERMS OF USE AGREEMENT posted, and accepted by you, on all of our Bitcoin ATM's. 

All user accounts are required to "ACTIVELY AGREE" to our Terms of Use Agreement PRIOR to using our BATM and PRIOR to conducting ANY and ALL transactions with our equipment.  All users agree to self notify themselves of any changes, and the most recent dated version of our Terms of Use Agreement, PRIOR to your each and every use of our equipment.    See "Section 6" below regarding your acceptance to receive all messaging and communications from BITSTREAM LLC,  as well as your acceptance of any charges you may incur from your cell or email providers.  Section 6 also describes your ability and method to cancel our communications, and your account, at any time. 

1.  Introduction
These Terms of Use (the "Agreement" or "Terms") are required for you to accept BEFORE using the services offered by this Bitcoin ATM(BATM) and BITSTREAM LLC(referred to herein as the "Company"). This Agreement sets forth the legally binding terms and conditions for your use of the BATM (the "Site") and any services provided on through Site (the "Service" or "Services"). By accessing this site and any pages within, you agree that you are familiar with Bitcoin/Litecoin and any current network conditions and take full responsibility for your transactions using our equipment.  Digital currencies and their network conditions are extremely volatile and subject to change at anytime throughout any given day.  We are merely offering a medium for you to conduct your knowledgeable exchanges with your digital currencies.  You are responsible for any and all network conditions such as but not limited to congestion, Mining Fees, and volatility it price.  By accepting our Terms of Use you are also acknowledging that ANY Bitcoin or Altcoin transaction can take up to two (2) weeks to confirm or drop out, and YOU alone accept responsibility for this wait time..  You alone are responsible for when and if you decide to use our equipment to conduct ANY transaction and you are attesting that YOU HAVE ADEQUATE KNOWLEDGE OF DIGITAL CURRENCIES AND CURRENT MARKET OR NETWORK CONDITIONS to conduct your transactions to take effect within your desired time frame, and you understand that Bitcoin/Altcoin transactions are PUSH payment systems that do not have the ability to reverse or cancel transactions as a fundamental basis for how these digital currencies are designed and operate, and you understand and accept that ANY mistake or delay on your part OR our part, can result in you waiting for any given transaction to confirm or drop out of the Bitcoin/Litecoin network, and this can take up to two (2) weeks for  you to receive Bitcoin/Litecoin in  your wallet, or for your wallet to send Bitcoin/Litecoin to us whereby you are then able to withdraw your cash.  You agree to be bound by the terms and conditions below. If you do not agree to the terms and conditions below, simply do not send us coin and do not insert cash into our ATM.

 2. Copyright
The BITSTREAM LLC logo and all designs, text, graphics, pictures, information, (collectively, "Site Materials") are the proprietary property of BITSTREAM LLC or its licensor's or users and are protected by U.S. and international copyright laws.

 3.  Customer Support Philosophy
 (New Users and Customer support Issues etc..)

 A condition of using our BATM is that you agree to abide by our Customer Support interaction philosophy.  You must FIRST actively agree to this as a condition of using our BATM to conduct ANY transactions.  This philosophy is that through automation we most likely already know about your delay or failed transaction and are working diligently to resolve it.  There are inherent confirmation delays built into the Bitcoin/Block chain protocol that require time(blocks) to process.  This time can be seconds or under extreme situations even hours.  These details are actually design details of Bitcoin and the Block chain and in most cases are a blessing, but can also cause latency delays of which no central entity has control.  However, when necessary to contact us you agree to first do so through email and our website portal where you will find support resources.  YOUR BITCOIN AND CASH ARE SAFE!  Our BATM logs ALL details regarding Bitcoin you may have sent and any cash that you may have already inserted.  Your transaction can be flagged at times for security reasons such as due to a new account user conducting a large "first time" transaction.  Your transaction will be allowed to process after a manual review of your account has been completed. this typically takes less than a few  hours but could take up to one day.   We strive to complete all manual reviews within 24 hours and if you have not received your Bitcoin by then or heard from us, please visit our website support page and fill out the "CUSTOMER SUPPORT TROUBLE TICKET" form, to log your issue and document all your transaction details.  Please also visit our web site for additional information on new accounts, internet latency, this Terms of Use agreement, or with general use of the BATM.  Our website support page can be accessed at https://www.gobitstream.net/support.html and includes a customer support telephone number to use as a last resort.  Through automation 99.9% of the time we are already aware of your issue and have personnel working to resolve it.  Not following our Customer Support philosophy results in inefficient use of our personnel, redundant efforts, errors, increased cost to you the user, and delays in resolving any customer support issues.

 

3A. UNDER AND OVER FUNDING WITHDRAWS:  Attempting to make a withdraw and sending a quantity other than that exactly specified by the BATM amounts to a null and void agreement of which BITSTREAM LLC has no obligation.  In the case you over fund a transaction by sending too much, the transaction will still execute, but only under the ORIGINALLY AGREED UPON quantity and at the agreed upon price.  BITSTREAM LLC has not made an agreement and has no obligation for any other quantities!  Any other quantity falls outside the agreement of your unique session, so it is null and void.  Bitcoin is a self managed PUSH PAYMENT system completely controlled by the owner of the Bitcoin, this is you.  No one, not even BITSTREAM LLC can ever take Bitcoin from your wallet! Only you the owner can decide to PUSH (send) Bitcoin from your wallet  to some else, you do this by using your Private wallet keys that YOU manage, or the private keys that YOU have authorize the use of, by whatever APP or wallet you decide to use.  Anyone can push as much Bitcoin as they desire to ANY Bitcoin address that has ever been created!  As an example, consider opening the phone book and picking a random home address, you can mail as much cash as you like to this address and nobody can stop you! Likewise, all used Bitcoin address are shown in the one Ledger, and anyone can send as much Bitcoin as they like to any address.  If you push more than the agreed upon Bitcoin to our Bitcoin addresses, or say accidentally send the requested amount multiple times, nobody can stop you from doing this, YOU have made a mistake!  The BATM is only monitoring a particular Bitcoin address for a limited amount of time until it has received the amount  AGREED upon in your session, then it dispenses the AGREED UPON amount of cash. Each WITHDRAW is an agreement between you and BITSTREAM LLC for a specific agreed upon quantity in your session, and at a certain price.  We are not agreeing to an open ended contract to buy as much Bitcoin as  you decide to send to us anytime you send it.   BITSTREAM  has no  obligations regarding Bitcoin received  that was not specifically requested in your session and described on your receipt.   Any quantity of Bitcoin sent to BITSTREAM LLC not referenced to a specific BATM transaction session agreement will be considered a donation!  The BATM will only dispense the cash we agreed to in your specific session, it will not, nor will we, pay you for blindly sending extra funds to our company.  Market prices and conditions are constantly changing, you MUST send the exact amount of Bitcoin requested by the BATM in order for the BATM to automatically dispense your cash.  In the case you under fund a withdraw by not sending at least the amount indicated, your transaction will be frozen and require manual intervention.  Any customer under funding a withdraw must submit a trouble ticket on our web site with all pertinent information regarding your under/over funding.  This can be done on our web site at https://www.gobitstsream.net/support.html.  A lesser quantity of Bitcoin will be returned to you within 5 business days of Bitstream LLC receiving your trouble ticket or upon final reception of all relevant information, minus a minimum handling fee of $25.  BITSTREAM LLC at its sole discretion can decide to return some quantity of Bitcoin, or issue you a new Redeem code.  A new Redeem code will require you to visit the BATM, and may possibly required you to re-scan your Gov Issue ID.  All calculations of BUY/SELL rates and timing regarding fair and equitable compensation will be at the sole discretion of BITSTREAM LLC.  In the case of over funding you are essentially asking us to return a donation that you have made, which we may or may not decide to do.  Bitcoin is a new type of payment system that works much differently than many people are accustomed to.  Bitcoin is a SELF MANAGED currency that has a learning curve, the self management and learning curve are BOTH the responsibility of the Bitcoin owner, this is YOU.  When dealing with a PUSH ONLY payment system, it is in everyone's best interest to NEVER under/over fund a cash withdraw or payment,  this is an aspect that does not bode well for anyone involved.  Bitcoin is not designed for after transaction aspects such as charge reversals, and this is for good reason!  The fraudulent aspects of credit card charge reversals and order cancellations are all but eliminated with Bitcoin, this is a wonderful aspect of Bitcoin,  but one that requires a different mindset and approach to financial transactions.  Bitcoin is asset driven instead of debt driven, this is a new concept to many people that requires them to take responsibility for their own purchasing decisions, and currency transactions.  If during your session you do not want to send the exact requested amount of Bitcoin, simply STOP before sending ANY Bitcoin or before inputting ANY cash, its completely under your control. 

 3B.  By using our BATM you are agreeing to participate in our security and authentication processes which may include audio, video, and data recordings for purposes of authenticating and securing Bitcoin transactions.

 
4.  Limitation of Liability

Most virtual currencies are based upon computer cryptography and derive their value solely from the market's perception of their value, which can experience great swings.  These currencies are:

              NOT backed by any physical commodity, such as gold or silver;

              NOT backed by the United States or any other national government;

              NOT legal tender for debts; and

              NOT insured by the Federal Deposit Insurance Corporation(FDIC) or any government agency.

 

You should be aware that there is a potential for you as a consumer to lose all of your virtual currency.  Though cash can also be lost, with virtual currency this loss can occur because of a computer failure; malicious software attack; an attack, closure, or disappearance of a virtual currency exchange company, digital wallet software or APP provider; lack of security; loss of your private keys; or a sudden dramatic change in market value.  These are just a few examples.  Some virtual currency users have been unable to access their legitimate virtual currency account because of heavy traffic by other users or a prevalence of criminal(or legal) activity in virtual currency use.  To protect yourself, become educated as to the potential risks before deciding whether you want to transact in virtual currency.


In no event will BITSTREAM LLC be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if BITSTREAM LLC, or representatives thereof, are advised of the possibility of such damages, losses or expenses. By using the system you agree not to bring any claim personally against the owner's officers or employees in respect of any losses you suffer in connection with utilizing our equipment, you assume all risks including, but not limited to loss of funds due to system failure, payment processing failure, hacker attacks, unauthorized access, or other causes, failure of the machine to dispense cash, Bitcoin, or Bitcoin Wallets, or receipts.  All transactions are displayed with the amount of Bitcoin that will be accepted or dispensed per your entered or received dollars.  Bitcoin BUY/SELL rates are subject to varying real time Block chain network mining fees not controlled by BITSTREAM LLC or any controlling authority.  In general as the Block chain network is growing it is not uncommon to see, for example, the same network fee that might be applied to a transaction of thousands of dollars, to be applied to a transaction of a single dollar, and that amount could even be greater than a dollar.  You acknowledge and accept that there is a learning curve in the use of Bitcoin and this learning curve is solely your responsibility.  Mishandling or misusing your Paper Wallet receipts or private keys can result in a loss of your funds, of which NOBODY ON THE PLANET is able to ever recover for you.  BITSTREAM LLC does not store or record, nor can it EVER recover your Paper Wallet key printed on your receipt, the paper wallet keys are generated in volatile memory for only a microsecond and then purged so only someone with direct real time access to the BATM circuitry with extensive knowledge and equipment attached to the microchips would be able to read your paper wallet, unless the BATM is disassembled your paper wallet is securely generated,  protect it as if it were actual cash, spendable by anyone who finds it, not recoverable by anyone if destroyed, marred, or rendered unreadable, cover the Private Key at the bottom at all times, even a camera at a great distance could potentially read this QR code without your knowledge. Transfer Paper Wallet Receipts to a backed up wallet medium ASAP, or copy the wallet for safe cold storage.  It is your responsibility to ensure that your Paper Wallet Receipt has both the public and private key clearly visible, not marred or distorted in any way, before continuing with the Fund the wallet phase. If you feel your receipt is not clearly visible, simply start over and print another one PRIOR to Funding.  Paper Wallet Receipts are not weather proof, protect them from getting wet or impaired in any way. If the QRC code gets distorted, or the code is no longer readable on your Paper Wallet, your funds are lost forever, this is a fundamental fact of cryptography and inherent to the functionality of Bitcoin.  Furthermore, Bitcoin is not a U.S. SEC(Security Exchange Commission) instrument nor is it FDIC insured.  Bitstream LLC is not an exchange regulated by the SEC and may or may not choose to buy or sell Bitcoin at its sole discretion an may adjust your buy/sell limits at any time. Bitcoin is in its infancy and hence a risky and volatile currency of which nobody knows if it will ultimately become a good or bad investment.

 

5.  No Warranty
The Company makes no warranties, expressed or implied.   The materials on the Site are provided "as is" and "as available" without any warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation implied warranties or conditions of merchant-ability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its BATM or otherwise related to such materials or on any sites linked to this site. The company makes no guarantee of BUY/SELL rates, our BATM makes a near real time "one-to-one" BUY/SELL between you the user and BITSTREAM LLC as indicated at the time of sale, and one BASED off of real time published market driven prices and is displayed on the BATM during your BUY/SELL session.  Our price shown during your session is our offer which will also incorporate our FEE for our services.  Our FEE is revealed in the relative offset from a published market price, or average of published market prices, or of any particular single market price, chosen real-time at the discretion of Bitstream LLC, this price is dynamic from session to session.  There are many publicly published "market prices" that are determined by real time trading by many different exchanges.  The particular exchange or calculation method used by BITSTREAM LLC at any given moment is not important in that OUR QUOTED price shown to you during your session, is the price we are willing to deal at.  You are completely in control of accepting or rejecting our offer.  In general, most publicly published market prices are "close" to a certain value but BITSTREAM LLC makes no claim of buying or selling at any particular exchange determined price.  Primarily BITSTREAM LLC uses an exchange price merely to begin calculating its' price offer, merely as a method of moving in relation to market prices, this allows automation of the Bitcoin buy/sell session absent of any personnel, equipment that is available at the walk up customers convenience.  By activating any BUY/SELL action with our equipment, this is your acceptance at indication of your agreement to the terms offered real-time by the equipment.  BITSTEAM LLC does not utilize an Exchange to complete transactions, you are always conducting a two party transaction. Your purchase limit is a dynamic quantity that is not only a function of your Tier level access but also a function of BITSTREAM LLC's liquidity level, this number can change hourly based on market conditions and BITSTREAM's desire to transact at current market conditions. The Company does not warrant that the site is free of viruses or other harmful components. This does not affect those warranties which are incapable of exclusion, restriction or modification under the laws applicable to this Agreement. The Company may discontinue or make changes in the content and site at any time without notice to you and without any liability to you. You hereby agree that by accepting this agreement you also agree that it is your responsibility to reread it prior to making any transactions.  Any dated information is published as of its date only, and the Company does not undertake any obligation or responsibility to update or amend any such information. The Company reserves the right to terminate any or all site services without notice.

 

6.  Authorized Use  and Misuse and Your Message Acceptance
The Service is available only to individuals who are at least 18 years old (and or at least the legal age in your jurisdiction). You represent and warrant that if you are an individual, you are at least 18 years of age and of legal age and authority in your jurisdiction to form a binding contract, and that all registration information you submit is accurate and truthful.  

 

You agree to accept messages from us (at our sole discretion) and our equipment, such as but not limited to SMS and email, and you accept responsibility for any and all charges that you may incur by your cellular or internet provider in the connection with said messages and communications. Our ability to contact you is a requirement for you to hold an active account with us and use our BATM's.  Our email marketing and information flyers are primarily provided via the "GoDaddy.com" email distribution services which allow you to opt out of our marketing and informational emails at any time you wish.  However, you agree to continue to receive and accept all SMS/MMS messages (at our sole discretion) that we decide to send to your cell number.  These messages will primarily be automated messages from our equipment during your Bitcoin/Litecoin transactions, but may also include any messages our staff deem appropriate in regards to your account and the use of our equipment.  At any time you do not agree with these terms you only need notify us via email to CANCEL@GOBITSTREAM.NET that you wish to cancel your account. Please email us FROM the email associated with your account and provide us the cell number associated with your account along with the login PIN you chose.  We will then promptly CLOSE YOUR ACCOUNT and PERMANENTLY  RETIRE your cell number and email address from our system.   This process cannot be reversed, if you decide to use our services in the future, this would only be possible with a new cell number and email your would provide in a new customer session at one of our BATM's.    

 

You also agree not to use our BATM for any unlawful purpose including but not limited to money laundering, extortion, tax evasion, or any other criminal purpose as defined by any country or legal jurisdiction in which Bitcoin exists. You also affirm that you will not use our equipment if  you are a resident of the state of New York.  You also agree to not create multiple accounts under different cell numbers and or aliases or identities, and not to share accounts with any other party, and conducting transactions on behalf of a 3rd party or allowing someone to use your account is strictly forbidden, attempting to do any of these will result in termination of your account.  You also agree to NOT share Bitcoin wallet addresses with any other person, organization, or company.   BITSTREAM LLC merely provides a convenient point of liquidity for familiar Bitcoin users to conduct BUY/SELL transactions between $US and Bitcoin, and once a unique BUY/SELL session has been completed BITSTREAM LLC has no further obligation, and in most cases no ability, to help you access or manage YOUR Bitcoin, once we transfer value to the address you have specified we have no further ability or obligation to you or your Bitcoin.  With Bitcoin YOU are your own international banker and ONLY YOU can take responsibility for its security management and BITSTREAM LLC has no obligation to teach or train you on obtaining your Bitcoin, protecting you Bitcoin, or using your Bitcoin.

 

7.  Fraud Warning.
BITSTREAM LLC uses a REAL TIME correlation of information you provide to authenticate your identity and authorize your account access.  We us an increasing tiered level of authentication that allows you to transact at increasing levels.  BITSTREAM LLC reserves the right to suspend your account and ability to transact at any time.  Providing false information will result in an automated lockout of your account.  This lockout will take time and human intervention to restore.  This human intervention WILL require an even higher level of authentication and validation to unfreeze your account once it has been frozen by the BATM.  The best policy is for you to provide honest and accurate information for us to identify/distinguish you from our other users, and help us protect your Bitcoin BUY/SELLs from any other would be hackers or those with nefarious intent, primarily to protect against money laundering and terrorist activities as required by the Banking Secrecy Act.  BITSTREAM LLC believes in your transaction privacy and supports the anonymity of Bitcoin transactions, we do not share your information or transactions with anyone, nor any agency,  accept as required for our vital network/business operations such as an identity verification services, unless specifically required by, or requested by, authorized law or law enforcement agencies, such as through court ordered proceedings or in compliance with the Bank Secrecy Act or other regulations. Bitstream LLC will notify you via your email (if and as provided) of any requests we have for your account information prior to disclosure unless prohibited from doing so my statue, law, or court order.  Since BITSTREAM LLC's first day of operation on February 1, 2017, there have been no such requests.  All information leaving our BATM utilizes strong encryption and is never transmitted "in the clear" over any network or the Internet, at any time.  In general our human eyes do not even view your information through the normal course of our business, unless your information is flagged as potentially fraudulent that then requires human interaction.  BITSTREAM LLC makes no guarantee and takes no responsibility for the accuracy of databases we use in our registration and security processes, information that may exist on databases outside our network, such as names on terrorist watch lists etc..that may restrict your lawful ability to access our equipment.   Never use our equipment on behalf or someone else.  If someone else is prompting you on using this equipment it is most likely a scam!  BITSTREAM LLC makes every effort to help you successfully use our BATM to conduct your BUY/SELLs between $US dollars and Bitcoin.  We are truly believers in the use and promotion of Bitcoin and want to make your experiences favorable ones.  Email us with your questions at SUPPORT@GOBITSTREAM.NET

 

8. Variations and updates.
BITSTREAM LLC updates these Terms Of Service on an ongoing operational basis.  Revisions will apply to the use of our equipment from the date of the publication of the revised terms and conditions.  It is the users responsibility to check this page on a regular basis to ensure that you are familiar with the current revision.  These revisions are required to be agreed to by all users at the BATM and revisions hence forth also published and available on our web site.
 
04-20-2018