This Customer Agreement governs your access to and use of the bPay website, application, and related services (the “Services”). By opening, registering, or using a bPay account, or by otherwise using the Services, you agree to be bound by this Agreement, consent to receive communications relating to the Services or your account in electronic format (by email or e-signature document), and affirm that you are at least eighteen (18) years old and legally capable of entering into this Agreement. You also agree to our Privacy Policy, and confirm that all information you provide is accurate.
If we change this Agreement in a way that reduces your rights or increases your responsibilities, we will provide 30 days’ prior notice by email or by posting. Your continued use of the Services after changes take effect constitutes acceptance.
Bitach LLC is a corporation organized in the United States, operating with BITACH Exchange, a licensed Money Services Business based in Israel. The Services enable you to, in supported currencies, fund transactions, convert currency, and transmit funds to recipients. We only offer the Services where we or our providers are licensed or where a license is not required, and we retain full discretion to refuse any user or to decline, delay, or reverse any instruction to transfer, receive, send, withdraw, or convert money at any time, consistent with applicable law.
To use some or all of the Services you must open an account and provide certain information. All information you provide must be complete, accurate, and truthful, and you must keep your contact details up to date. You may only transact on your own account, and may hold only one account unless we approve otherwise. We may refuse, suspend, or discontinue the Services to any person at any time.
You are responsible for maintaining the security of your credentials. Never disclose your password; we will never ask you for it. Tell us immediately if you believe your credentials or email account have been compromised or if your transaction history shows activity you did not initiate. We may suspend or restrict your account if we have security or fraud concerns.
Federal law requires that we verify certain information about you. You authorize us to make the inquiries we consider necessary to validate your identity, directly or through third parties, including checking commercial databases. We may require your date of birth, a taxpayer identification number, government identification, or other documentation. We may close, suspend, or limit your account if we are unable to obtain or verify this information.
We primarily draw funds using an automated clearing house (ACH) pull direct debit. When you provide your bank account and routing number and request a transaction, you confirm that the details are correct, that you are authorized to transmit funds from that account, and that the account is in good standing. You authorize Bitach to initiate electronic debits and credits to your bank account through the ACH network, including any applicable fees.This authorization remains in effect while you are a registered user unless canceled in accordance with this Agreement.
If you choose to send money by ACH push or domestic wire transfer, your order remains inactive until we receive your funds in our specified account. If an upload transaction is canceled or refused, we will promptly return the deposit to the originating bank account, or contact you using your most current contact information if we are unable to return it.
Our Services include the ability to convert currencies. A conversion fee may apply. We will only process a conversion order once we hold or have received the relevant funds, and we cannot be responsible for the time it takes your bank to send funds to us. We may refuse a conversion order in our discretion (for example, where we cannot match your account to your bank details, the recipient information is incorrect, or funds are insufficient), and will generally attempt to notify you of a refusal unless prohibited by law. Once received, each conversion order is given a unique transaction number shown in your transaction history.
When you place a conversion order, we use the next available rate published by the Bank of Israel, or similarly performing rates provided by our processing financial institutions. Exchange rates are posted as they become determined.
Available payout methods depend on factors including your location and verification status. We cannot guarantee any particular payout method and may change or stop offering one at any time, but we will ensure at least one is available unless prohibited by law. When you set a Transfer order, you must ensure your information is correct and complete; we are not responsible for money sent to the wrong recipient because of incorrect information you provided, though we may assist recovery without guaranteeing success. Each Transfer order receives a unique transfer number shown in your transaction history; please quote it when contacting us.
We may place limits on Transfer amounts consistent with our legal obligations and at our discretion. A Transfer order received after 2:00 PM EST on a Business Day, or not on a Business Day, is deemed received the following Business Day. We have no control over the time it takes a recipient’s bank to make funds available, and we may delay a withdrawal or Transfer where we need to confirm authorization or where other payments have been reversed.
Applicable fees are disclosed to you when you place an order and before you confirm it, and form part of this Agreement. You agree to pay them using your chosen payment method. Our fees do not include fees your bank or a recipient’s bank may charge. You are responsible for any taxes applicable to your transactions.
Personal, family, or household transfers. You may cancel and obtain a full refund of all funds paid, including fees, by contacting us by email within two (2) hours of your Transfer order. Business or commercial transfers. You may cancel and obtain a full refund, including fees, by contacting us by email up until the order has been completed in accordance with your instructions. In either case, please provide your name, address, and phone number; the recipient’s name; the amount; and the intended destination. We will issue eligible refunds within three (3) Business Days of your request, provided the funds have not been picked up or disbursed to the recipient. You may not cancel once funds have been disbursed.
For transfers sent for personal, family, or household purposes of $15 USD or more, an “Error” includes: paying an incorrect amount; a computational error; the disclosed amount not being made available to the recipient (absent extraordinary circumstances); funds delivered late or not at all (absent extraordinary circumstances, fraud screening, or sanctions requirements); a Transfer missing from your history; or your not receiving required confirmation. To report an Error, contact us as soon as possible, and no later than 180 days after we disclosed that the transaction was completed, with your name and address, the amount and transfer number, and a description of the problem. We will investigate and determine whether an Error occurred within 90 days (typically within 10 Business Days) and report our determination within three (3) Business Days of completing the investigation. If an Error occurred, we will offer a refund or make the necessary funds available to the recipient; if not, we will provide a written explanation and copies of documents used, on request.
If you receive a payment that is later refunded, reversed, or invalidated for any reason, you are responsible for the full amount plus any applicable fees. If you (or a third party) pursue a chargeback, we may assess a chargeback fee and remove the disputed funds from your account. If your account balance becomes negative, you agree to repay it immediately, and we may recover it by deducting from future funds or by other lawful means, including converting the amount owed into U.S. dollars.
Please review your transaction history regularly; we notify you of each transaction by email. An Unauthorized Transaction does not include situations where you shared your login information. Tell us right away if you believe your credentials were lost or stolen, or if your history shows activity you did not make. If you notify us within 60 days of us making a statement available to you, you are eligible for protection for Unauthorized Transactions, provided you cooperate with our investigation.
We may communicate with you electronically about your account and the Services, and you must maintain a valid email address and check it regularly. If you opt in to SMS, you consent to receive one-time passcodes, verification codes, and account notifications; message frequency may vary, message and data rates may apply, and you may reply HELP for help or STOP to opt out. See our Privacy Policy for how we handle mobile information — we do not share your mobile opt-in data with third parties for marketing.
The Services are provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. To the fullest extent permitted by law, Bitach will not be liable for any indirect, incidental, consequential, special, or punitive damages, or for lost profits, data, goodwill, or business, arising from your use of or inability to use the Services. Our aggregate liability is limited to the actual amount of direct damages.
You agree to indemnify and hold harmless Bitach and its affiliates from claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of your use of the Services or your violation of this Agreement or applicable law. If you have a dispute with another user or a third party, you release Bitach from all claims and damages arising out of that dispute.
We will try to keep the Services available but do not guarantee they will always be available or uninterrupted, and we may suspend, withdraw, or change all or part of the Services without notice. You are responsible for the arrangements needed to access the Services.
You must use the Services only for lawful purposes. You must not submit false information, impersonate others, introduce malicious code, or attempt to gain unauthorized access to or disrupt the Services. You may not refer to the Services as “banking” services. Restricted transactions connected with unlawful internet gambling are prohibited. You are responsible for complying with United States export controls and sanctions, and you represent that you are not located in, or a national of, an embargoed country or on any U.S. government restricted-party list.
“bPay”, “Bitach”, and related logos and marks are the property of Bitach or its licensors, and all rights in the Services and their content are reserved. You may not copy, imitate, modify, or use them without our prior written consent.
Except where inconsistent with or preempted by U.S. federal law, this Agreement is governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Except for disputes that qualify for small-claims court, disputes arising out of or relating to this Agreement or your relationship with Bitach will be resolved by final and binding individual arbitration; you and Bitach waive the right to a jury trial and to participate in a class action.
Bitach acts as a payment service provider and independent contractor, and is not your agent or trustee. You may not assign your rights or obligations without our prior written consent; we may assign this Agreement at any time. If any provision is found unlawful, the remaining provisions remain in effect. Our delay in enforcing any right is not a waiver. This Agreement is the entire agreement between you and us regarding its subject matter. Any translation is provided for convenience only; the English version controls.
Bitach LLC / BITACH Exchange
22 Ben Yehuda Street, Jerusalem, Israel
info@bitachexchange.com