Terms of Service
Bitania Exchange Inc — P2P Marketplace, Classic Exchange, Instant Swaps & Bitania Pay
By accessing or using any Bitania service, you agree to be bound by these Terms of Service (“Terms”). Please read them carefully, because they affect your legal rights and obligations. If you do not agree to these Terms, please do not use our services.
The Services. Bitania operates several services on shared infrastructure (each a “Service,” together the “Services”): the P2P Marketplace, where users advertise and trade cryptocurrency directly with one another using our escrow and dispute tools; the Classic Exchange, an order-book exchange where users place and match orders; Instant Swaps, a service for converting one cryptocurrency into another; and Bitania Pay, a cryptocurrency invoicing and payment-acceptance service for merchants.
How these Terms are organised. Part I (General Terms) applies to all of the Services. Part II (Service Schedules) contains additional terms specific to each Service. To the extent a Service Schedule conflicts with Part I for that Service, the Schedule controls for your use of that Service.
Our Commitments to You
These commitments are core to how every Bitania Service operates:
- Your crypto stays yours. We hold balances only to operate the Services and settle transactions — your cryptocurrency remains your property and is never ours to take.
- No KYC, ever. We do not require, and will not ask you to complete, identity verification or to disclose personal information as a condition of registering, trading, swapping, accepting payments, or withdrawing.
- No surveillance of your identity. We do not monitor who you are or the source of your funds, and we collect the absolute minimum needed to run the Services securely.
- No discretionary freezes. We will not freeze, seize, or restrict access to your settled balance as a matter of business discretion or as a condition of identity verification. Your funds remain available for withdrawal.
Part I — General Terms
The following terms apply to all Bitania Services.
1. Your Acceptance of Terms
By accessing and using any Bitania Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use the Services. These Terms, together with any notices or disclaimers published on our site, form the agreement between you and Bitania for your use of the Services.
2. Eligibility
You must be at least 18 years of age, or the age of majority in your jurisdiction if higher, to use the Services. By using Bitania, you represent and warrant that you meet this requirement and that you have the legal capacity to enter into these Terms. The Services are not directed to, and may not be used by, anyone below this age.
3. Permitted Jurisdictions & Compliance with Laws
The services provided by Bitania (hereafter “Bitania,” “we,” “us,” or “our”) and your use of these services might not be legally allowed in certain jurisdictions. By using our services, you confirm that you are not located in or accessing the Services from any jurisdiction where such use is illegal.
You further warrant that your use of Bitania’s services complies with all applicable local, state, federal, and international laws and regulations governing money service businesses, cryptoasset businesses, virtual asset service providers, or similar regulated entities in the jurisdiction where you are located.
In particular, Bitania does not permit access to or use of its services by any person located in, ordinarily resident in, or accessing the Services from a country or territory that is subject to comprehensive economic sanctions or embargoes (a “Prohibited Jurisdiction”). Prohibited Jurisdictions currently include Cuba, North Korea (DPRK), Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine. This list is not exhaustive and may be updated to reflect changes in applicable sanctions regimes. By using the Services, you represent and warrant that you are not located in, ordinarily resident in, or a national of any Prohibited Jurisdiction, and that you are not otherwise an individual or entity with whom dealings are prohibited under applicable sanctions laws. You may not use the Services on behalf of, or for the benefit of, any such person. If you are or become a person to whom these restrictions apply, you must immediately cease using the Services.
4. Acceptable Use & Prohibited Activities
Bitania does not monitor your identity or the source of your funds, and does not require you to disclose them. In return, you agree that you will not use any Service to facilitate, conduct, or attempt any of the following (“Prohibited Activities”):
- money laundering, terrorist financing, or the handling of the proceeds of crime;
- transactions involving funds you know or reasonably should know to be stolen, fraudulently obtained, or the proceeds of extortion, ransomware, or unauthorized access to computer systems;
- dealings prohibited under applicable sanctions laws, including dealings with Prohibited Jurisdictions or with sanctioned persons or entities;
- the production, purchase, sale, or facilitation of child sexual abuse material, human trafficking, or the financing of terrorism or weapons of mass destruction;
- fraud, theft, or deception directed at any other user of the Services or, in the case of Bitania Pay, at a merchant’s customers;
- manipulation of any Bitania market, including wash trading, spoofing, or other deceptive trading practices on the Classic Exchange; or
- any activity that is unlawful in the jurisdiction in which you are located.
You are solely responsible for ensuring that your activity is lawful. While we are under no obligation to monitor activity, we reserve the right, in our sole discretion, to decline, suspend, or terminate access to the Services for any user we reasonably believe to be engaged in a Prohibited Activity. Exercising this right affects access to the Services only; it does not transfer ownership of, or forfeit, your settled balance, which remains subject to Section 5 (Your Funds).
5. Your Funds & Withdrawals
Bitania holds the cryptocurrency in your account in custody in order to operate the Services and settle transactions. While we are the custodian of those balances, the cryptocurrency is, and always remains, your property. Consistent with our commitment to private, self-directed trading:
- We will not condition your ability to hold, trade, or withdraw funds on identity verification, the disclosure of personal information, or any similar requirement.
- We will not freeze, seize, confiscate, or restrict access to your settled account balance as a matter of our own business discretion. Your settled balance remains available to you for withdrawal, subject only to ordinary network conditions, applicable network fees, and the transaction mechanics described in these Terms.
- Suspension or termination of your access to a Service does not transfer ownership of, or forfeit, your settled balance. Your cryptocurrency remains yours.
The foregoing applies to your settled, withdrawable balance. Cryptocurrency that you have committed to an active transaction — including amounts placed into P2P trade escrow or an arbitration bond, locked in an open exchange order, in transit through an Instant Swap, or applied to a Bitania Pay invoice — is governed for the duration of that transaction by the mechanics set out in the applicable Service Schedule, and may be applied or directed to a counterparty where that transaction is completed or resolved accordingly.
6. Registration and User Accounts
To access certain features you may be required to register for an account (“Account”). You may register with a username alone; we do not require your real name, government identification, or other personal information to open or maintain an Account.
- You may only use your own Account to engage in activity on the Services.
- Do not share your Account credentials or allow others to use your Account. You are responsible for all activity that occurs under your Account and for keeping your credentials and recovery information secure.
- You agree that any information you do choose to provide is accurate and not misleading. If we determine that an Account is being used fraudulently or in breach of these Terms, we reserve the right to refuse, suspend, or terminate access to that Account, subject always to Section 5 (Your Funds).
If you fail to log in to your Account for over 180 days, your Account may be marked as inactive. You may reactivate it at any time by logging in. Your funds will never be forfeited, seized, or confiscated by Bitania — your cryptocurrency always remains yours.
7. Fees
Each Service may charge fees, which are described in the applicable Service Schedule and disclosed to you within that Service before you transact. By using a Service you agree to the fees applicable to it. Network (blockchain) fees required to move cryptocurrency are separate from Bitania’s fees and are borne by you.
8. Taxes and Other Fees
By using Bitania, you are solely responsible for determining and paying any taxes applicable to your activity. Bitania does not withhold taxes, issue tax forms, or report your activity to any tax authority on your behalf. You agree to indemnify Bitania for any claims, losses, or damages arising from your failure to pay such taxes.
9. Cryptocurrency Risks & Irreversibility
Trading and holding cryptocurrency carries inherent risks, and you accept these risks when you use the Services:
- Irreversibility. Cryptocurrency transactions are generally final and cannot be reversed once broadcast to a network. If you send funds to an incorrect or incompatible address, or on the wrong network, those funds may be permanently lost and cannot be recovered by Bitania.
- Volatility. Cryptocurrency prices can fluctuate significantly and rapidly. You are responsible for any losses resulting from price movements.
- Network conditions. Confirmation times, network fees, congestion, forks, and reorganizations are properties of the underlying blockchains and are outside Bitania’s control.
- Security of your access. You are responsible for safeguarding your Account credentials and any recovery phrase or key material. Bitania cannot restore access lost due to your failure to do so.
10. Nature of the Services; Custody; Disclaimer of Warranties
To operate the Services and settle transactions, Bitania holds user balances and transaction funds in custody and credits or debits those balances as deposits, trades, swaps, payments, and withdrawals occur. Where a Service enables users to deal with one another — including P2P trades and Bitania Pay transactions between a merchant and a payer — Bitania custodies and facilitates the funds but is not itself a party to the commercial terms agreed between those users, and is not responsible for their actions, representations, or performance toward one another. Bitania or its affiliates may provide liquidity or act as a counterparty on the Classic Exchange and Instant Swaps, as described in the applicable Schedules.
Your use of Bitania is at your own risk. Bitania provides the Services “as is” and “as available” without any warranties, express or implied. We do not guarantee that the Services will be error-free, uninterrupted, or free from viruses or other harmful components. In no event shall Bitania be liable for any loss or damage arising from your use of the Services, except as expressly provided in these Terms.
11. No Investment Advice
Any investment or trading information provided through Bitania is for informational purposes only and should not be construed as investment advice or a recommendation to buy or sell any asset. We do not guarantee that any trading strategy or signal will yield desired results, and you should always seek professional advice before making any financial decisions.
12. Service Performance and Third-Party Data
Any market data or price information provided on Bitania is offered “as is” and may be subject to technical difficulties or inaccuracies. Bitania may rely on third-party services for market data, liquidity, and order forwarding, which may occasionally be unavailable or provide outdated information. We are not liable for any adverse consequences resulting from reliance on such data or services.
13. Limitation of Liability
Except in cases of gross negligence or fraud, Bitania (and its affiliates, officers, directors, employees, agents, and contractors) shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from your use or inability to use the Services—even if advised of the possibility of such damages. In the event of gross negligence by Bitania in connection with a transaction, our liability shall be capped at the lower of USD $10,000 or the fees/charges paid to Bitania in connection with the transaction(s) that gave rise to the claim.
14. Indemnification
You agree to indemnify, defend, and hold harmless Bitania (and its officers, directors, employees, agents, and contractors) from and against any claims, losses, liabilities, damages, and expenses (including legal fees) arising out of or related to:
- Your breach of these Terms;
- Unauthorized use of your Bitania Account;
- Any fraudulent, negligent, or unlawful actions or omissions in connection with your use of the Services;
- Any third-party claims arising from your use of Bitania; and
- Any other actions or inactions as determined by Bitania.
15. Governing Law, Jurisdiction & Dispute Resolution
These Terms, and any dispute or claim arising out of or in connection with them or your use of the Services, are governed by and construed in accordance with the laws of the Republic of Panama, without regard to its conflict-of-laws principles. Subject to the provisions below, the courts of the Republic of Panama shall have exclusive jurisdiction over any such dispute or claim. It remains your responsibility to ensure that your use of Bitania complies with the laws and regulations of your own jurisdiction.
Claims must be brought on an individual basis only, and you waive your right to participate in any class or representative actions.
- JURY TRIAL WAIVER: TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF BITANIA.
16. Force Majeure
Bitania shall not be liable for any failure or delay in performing its obligations where such failure or delay results from causes beyond our reasonable control, including but not limited to: blockchain network failures, forks, reorganizations, or congestion; failures or outages of third-party infrastructure, node, liquidity, or data providers; internet or hosting outages; acts of God, natural disasters, war, or civil unrest; or changes in law, regulation, or governmental action that materially affect our ability to provide the Services.
17. Intellectual Property and Use of Content
All content on Bitania—including text, images, logos, and other materials—is the property of Bitania or its licensors and is protected by copyright and other intellectual property laws. You may access and view materials on Bitania for personal, non-commercial use only. Any reproduction, distribution, or other use of our content without explicit permission is prohibited unless explicitly authorized by Bitania.
18. Messages, Communications & Submissions
Any messages, feedback, or other communications on Bitania are the sole responsibility of the sender. Bitania is not obligated to monitor or review any communications and may remove or modify content at its discretion. Use of any messaging or forum features is at your own risk and subject to the limitations of liability set forth in these Terms.
If you choose to submit content in areas where submissions are requested, you grant Bitania a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your submission, and you must ensure that any content you post does not violate any laws or the rights of any third party.
19. System Abuse and Security
You agree not to:
- Engage in spam, mailbombs, or any activity that disrupts the normal operation of Bitania.
- Use any tools or methods that compromise the security of Bitania, including unauthorized password guessing or hacking.
- Reproduce, sell, or exploit any resources available on the site, or access the Services other than through the interfaces and APIs we provide.
You are responsible for maintaining the confidentiality of your password and Account details. Bitania reserves the right to monitor and, if necessary, require changes to insecure passwords.
20. Modifications to the Terms and Services
Bitania may revise these Terms from time to time. When we make material changes, we will take reasonable steps to indicate this — for example, by updating the “Last updated” date below and, where practicable, posting a notice. Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms.
Bitania may also update or improve its Services over time and will make reasonable efforts to notify users of significant changes in advance. Any modifications to a Service will not affect your ability to withdraw your settled funds, consistent with Section 5 (Your Funds).
21. Links to Third-Party Sites
Our site may contain links to third-party websites. These sites are not under our control, and we are not responsible for their content or practices. The inclusion of any link does not imply endorsement by Bitania.
22. Cookies
Bitania uses a minimal set of cookies to operate the Services — for account sessions, remembering your preferences, and, in some cases, basic analytics. You can disable cookies via your browser settings, but note that this may affect functionality. We collect only the minimum information needed to operate the Services securely, and we do not sell your information.
23. General Provisions
- No Waiver. Any failure by Bitania to enforce any provision of these Terms or to exercise any right herein shall not constitute a waiver of such provision or right.
- Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified or removed to the minimum extent necessary.
- Entire Agreement. These Terms, together with any legal notices or disclaimers published on our site, constitute the entire agreement between you and Bitania regarding your use of the Services, and supersede any prior agreements regarding their use.
- Survival. The following sections survive the termination or closure of your Account: Section 5 (Your Funds), Section 8 (Taxes), Section 10 (Disclaimer of Warranties), Section 13 (Limitation of Liability), Section 14 (Indemnification), and Section 15 (Governing Law & Dispute Resolution), together with any fee, dispute, and irreversibility provisions of the Schedules.
24. Disclaimer
While we strive to provide accurate and reliable information, Bitania does not guarantee the accuracy or completeness of any data provided on the site. Information may contain errors or omissions, and no advice—financial, legal, or otherwise—is provided by Bitania. Always consult with a professional for advice tailored to your circumstances.
Part II — Service Schedules
The following terms apply in addition to Part I when you use the relevant Service.
Schedule A — P2P Marketplace
The Bitania P2P Marketplace continues the fast and easy cryptocurrency trading experience that LocalMonero once provided, with new and improved features and a dedicated team. It lets users advertise and trade cryptocurrency directly with one another, with the protection of our escrow and dispute tools.
A1. Advertisements and Trading
With a registered Account, you can create cryptocurrency trade advertisements (“Ads”) to indicate that you are looking to buy or sell cryptocurrency. You may initiate trades by responding to Ads posted by other users or by waiting for users to contact you.
- By initiating a trade, you agree to be bound by the advertiser’s specific terms (“Advertiser’s Terms”) as displayed on the Ad. These terms are valid except where they contradict these Terms or applicable law, or if both trade parties agree to modify them.
- The price (or price equation) specified in the Ad must include any and all fees that will be charged. Once a trade is initiated, the price is locked and cannot be changed unless both parties consent.
- Ads must be placed in the correct payment category. If a suitable category does not exist for a payment method, please use the “Other” category.
- Payment details must be provided exclusively through the Bitania trade system. Sharing payment details via other channels is prohibited.
- Any trade opened on Bitania P2P must be completed on Bitania P2P. Attempting to move, continue, or conclude a trade off-platform — or directing or inviting your trading partner to do so — is strictly prohibited and is a direct violation of these Terms. Off-platform dealings remove the protection of our trade system and escrow and prevent us from properly arbitrating disputes, putting our customers at risk. Bitania cannot mediate, recover funds for, or otherwise assist with any trade or portion of a trade conducted outside of the Bitania P2P platform, and such conduct may result in suspension or termination of your Account.
In case of issues such as frozen, held, or reversed payments, the party responsible may be considered in breach of these Terms.
A2. Trade Escrow
To protect both parties, cryptocurrency offered for sale in a P2P trade is held in escrow by the Bitania trade system from the moment a trade is opened until it is completed, cancelled, or resolved. Placing funds into escrow is a voluntary part of opening a trade and applies only to the specific amount committed to that trade, not to the remainder of your balance. Released escrow is credited to the entitled party’s settled balance, which is then subject to Section 5 (Your Funds).
A3. Trade Disputes
If a dispute arises between trading parties, either party or Bitania may initiate a dispute resolution process. Our support team will review all evidence—including terms of trade, payment evidence, chat logs, and user reputation data—and resolve the dispute by directing any funds held in escrow (or arbitration bond) to the party we determine is entitled to them. This internal trade arbitration is distinct from the legal dispute-resolution provisions in Section 15 of Part I.
- Once a trade is finalized, cancelled, or automatically closed, it is considered completed and cannot be later disputed or altered.
- Any attempt to provide fraudulent evidence or force a particular outcome is a breach of these Terms.
A4. P2P Fees
For trades concluded through the Bitania P2P trading platform, a 1% arbitration protection fee (charged in cryptocurrency) is applied to the maker (the person who places the advertisement).
Schedule B — Classic Exchange
The Classic Exchange is an order-book exchange. You place buy and sell orders for supported trading pairs, which our matching engine matches against orders from other users and from liquidity providers.
B1. Orders and Execution
- Orders are executed on a best-efforts basis according to the rules of the order book. Limit orders execute at your specified price or better when matched; market orders execute at the best available prices then resting on the book and may therefore experience price movement (“slippage”).
- We do not guarantee that any order will be filled, filled in full, or filled at a particular price. Orders may be filled partially or not at all depending on available liquidity.
- Funds committed to an open order are locked for the duration of that order and are released to your settled balance when the order is filled or cancelled, subject to Section 5 (Your Funds).
- We may reject, cancel, or limit orders, or temporarily suspend trading in a pair, where necessary to protect the integrity or stability of the market or the Service (for example, during extreme volatility or a technical fault).
B2. Liquidity and Market Making
Bitania and/or its affiliates may provide liquidity and act as a market maker on the Classic Exchange, and may therefore be the counterparty to your trade. We operate market-making in a manner intended to support orderly markets, but we do not guarantee any particular spread, depth, or price.
B3. Market Conduct
You agree not to engage in trading practices that distort the market, including wash trading, spoofing, layering, or coordinated manipulation. Such conduct is a Prohibited Activity under Section 4 of Part I and may result in cancellation of the affected orders and suspension or termination of access.
B4. Exchange Fees
Trading on the Classic Exchange is subject to maker and taker fees, which are disclosed within the exchange interface and applied at the time of each fill. Fees may vary by trading pair and may be updated from time to time; the fees in effect at the time of a trade apply to that trade.
Schedule C — Instant Swaps
Instant Swaps let you convert one cryptocurrency into another in a single step. You send the input asset to an address we provide and receive the output asset at a destination address you specify. Swaps may be executed against Bitania’s own liquidity or routed to a third-party provider.
C1. Quotes and Rates
- A swap quote is an estimate based on prevailing market conditions and is valid only for a limited time and, where applicable, only if your deposit arrives and confirms within the stated window.
- For floating-rate swaps, the final rate is determined when your deposit is received and may differ from the quoted estimate. For fixed-rate swaps, the rate is held only if your deposit arrives, and confirms, within the applicable window and for the quoted amount.
- Applicable Bitania fees and the network fee required to deliver the output asset are reflected in the amount you receive. Minimum and maximum swap amounts may apply.
C2. Deposits, Refunds & Failed Swaps
- You are responsible for sending the correct asset, on the correct network, within the applicable window, and for providing a valid destination address and, where requested, a valid refund address.
- If a deposit arrives late, in the wrong amount, on the wrong network, or otherwise outside the terms of the quote, the swap may not execute at the quoted rate. Where a swap cannot be completed, we will refund the input asset to the refund address you provided where one is available; if no valid refund address is available, the funds will be held pending your instructions.
- Once executed, a swap is final and cannot be reversed. We do not guarantee any swap rate, and a swap does not constitute investment advice.
C3. Third-Party Providers
Certain swaps — particularly for assets not natively supported by Bitania — are routed to or fulfilled by third-party providers or aggregators. For such forwarded swaps, Bitania may act only as a conduit and may not custody the funds, and the relevant third party’s processing, timing, and support terms apply to that swap. We will assist where we reasonably can, but we are not responsible for the performance of third-party providers.
Schedule D — Bitania Pay
Bitania Pay lets a merchant (a Bitania Account holder) accept cryptocurrency payments from its customers (“Payers”) by generating invoices. This Schedule applies to both merchants and Payers, as applicable.
D1. Merchant Responsibilities
- You are solely responsible for the goods, services, and conduct of your business, for the legality of what you sell, and for your own tax, accounting, and regulatory obligations. Bitania is not a party to the underlying transaction between you and your Payer and does not endorse or guarantee it.
- You must not use Bitania Pay to sell or facilitate anything that is a Prohibited Activity under Section 4 of Part I. We reserve the right to decline, suspend, or terminate Bitania Pay access for any merchant we reasonably believe to be in breach, subject always to Section 5 (Your Funds).
- You are responsible for clearly presenting your own terms, refund, and delivery policies to your Payers.
D2. Payments, Settlement & Balances
- Cryptocurrency payments are final and irreversible. Bitania Pay does not support chargebacks; any refund to a Payer is a matter between the merchant and the Payer and must be issued by the merchant.
- An invoice is valid for a limited time and for the amount specified. Underpaid, overpaid, late, or wrong-network payments may not settle automatically and may be handled as a failed or partial payment; the merchant is responsible for reconciling such payments with the Payer.
- On settlement, the payment may be converted to the merchant’s chosen settlement asset by way of an internal swap, at the rate available at the time of conversion (see Schedule C). Settled amounts are credited to the merchant’s Bitania balance, which is held and may be withdrawn subject to Section 5 (Your Funds).
D3. Bitania Pay Fees
Bitania Pay may charge a processing fee and, where settlement involves a conversion, the applicable swap fee. All such fees are disclosed within the Bitania Pay interface before they are applied.
How to Contact Us
If you have any questions, requests, or concerns regarding these Terms or our Services, please contact our support team at [email protected].
Company Information
Bitania Exchange Inc
Edificio Comosa
Ave. Samuel Lewis
Local S - 2, Planta Baja
Panama
Last updated: June 2, 2026