General terms and conditions of Fidor Bank AG regarding the offer of brokering Bitcoins on the platform www.bitcoin.de

1 Scope of application

1.1 These terms and conditions shall be applicable to the entire business relationship between the customer and Fidor Bank AG, Munich, (hereinafter referred to as Fidor Bank) with regard to the brokering of Bitcoins on the platform www.bitcoin.de.

Bitcoin Deutschland AG, Herford, (hereinafter referred to as Bitcoin Deutschland), shall be solely and exclusive responsible for operating the platform and the website www.bitcoin.de, as well as for all the content presented there. Bitcoin Deutschland provides Bitcoins to end-customers as contractual intermediary (tied agent) of Fidor Bank.

The customers are advised to read all the information provided on the website of Bitcoin Deutschland AG regarding the concept and functioning of the offered Bitcoins, in particular the additional terms and conditions including the risk disclosure, as well as gather any other supplementary information related to Bitcoin trading.

1.2 All transaction data is automatically saved in the online archive for the statutory period of retention. Upon expiry of the statutory period of retention, Fidor Bank shall delete the data stored in the online archive without further notice to the customers.

1.3 Changes or amendments to these terms and conditions shall be communicated by Bitcoin Deutschland to the customer at the email address provided by the customer. The amendments can be saved or printed in readable form by the customer. These changes or amendments shall be deemed approved by the customer if he/she does not raise objection or convey disagreement via email. Bitcoin Deutschland, on behalf of Fidor Bank, shall specifically inform the customer of this consequence at the time of notification of the changes or amendments. The customer shall be required to inform the Bank of any objections or disagreements within two months after notification of the changes or amendments. Otherwise, all changes and amendments shall be considered as accepted by the customer.

1.4 The appropriate up-to-date version of the “General Terms and Conditions and Special Conditions of Fidor Bank AG”, as well as the current schedule of prices and premiums, all of which are available on the Fidor Bank website, shall apply to the relationship between customers holding an account in Fidor Bank and Fidor Bank.

2. Prerequisites for participating in Bitcoin trading

2.1 Participation in Bitcoin trading is restricted to the category of persons specified under §7 of the general terms and conditions of Bitcoin Deutschland AG.

2.2 The customer acknowledges and accepts that Fidor Bank may ask the customer to furnish further proof of his/her identity according to the law and based on internal guidelines and policies for preventing money laundering. This includes, among others, authentication through the identity verification process at Deutsche Post branch offices (Post-Ident Verfahren) or a comparable process in other countries. Should the customer not comply with the aforementioned obligation to cooperate or fail to fulfill the other prerequisites, Fidor Bank shall be entitled to exclude the customer from trading Bitcoins at its sole discretion.

3. Risk disclosure, no investment advice, no “best execution” policy

3.1 The customer acknowledges and accepts that Bitcoin trading is among the risk-involving trading forms on the financial market and is suitable only for experienced and savvy investors.

3.2 The customer acknowledges and accepts that he/she shall use the platform www.bitcoin.de at his/her own risk and that Fidor Bank does not provide any consultation or advisory services related to the customer’s participation via the platform www.bitcoin.de and the purchase of Bitcoins. Information provided on the internet or by any other means in connection with the platform www.bitcoin.de does not constitute personal recommendation or advice to the customer. Rather, it involves legally binding information or risk disclosure by Bitcoin Deutschland. In this regard, the responsibility in terms of content lies solely with the operator of the Bitcoin Deutschland platform.

3.3 The customer acknowledges and accepts that all prices/exchange rates provided on the platform www.bitcoin.de need not correspond to the prices/exchange rates otherwise available in the market, particularly in the individual reference markets consulted for Bitcoins. Therefore, the customer acknowledges and accepts that the order placed by him/her on the platform www.bitcoin.de can be processed exclusively via Bitcoin Deutschland. The customer expressly acknowledges and accepts that, in the context of the business relationship, Fidor Bank shall not be subject to the principles of “best execution” of customer orders. The customer is aware that in accordance with the above provision Fidor Bank is NOT involved in the processing of orders. In addition, the customer explicitly accepts that Fidor Bank DOES NOT and CANNOT process a customer order for Bitcoins in a regulated market or a multi-lateral trading system.

3.4 The customer is aware that he/she shall bear the risk of order settlement; insofar as Bitcoin Deutschland AG organises the settlement of transactions, it shall act as an independent service provider for the customer. Fidor Bank shall, therefore, assume no liability towards order settlement in accordance with §4.

4. Order placement

Bitcoins shall be offered by the contractual intermediary (tied agent) Bitcoin Deutschland. The order placement shall be determined by the “General Terms and Conditions of Bitcoin Deutschland AG”, which have been provided by Bitcoin Deutschland on the platform www.bitcoin.de. In accordance with the general terms and conditions of Bitcoin Deutschland AG, the responsibility of Fidor Bank shall relate to the brokering of Bitcoins between the seller and the buyer (investment brokerage). The responsibility of Fidor Bank shall end with the conclusion of a purchase agreement regarding Bitcoins between the buyer and the seller and shall not include the settlement of this transaction (post trade), in particular the delivery of Bitcoins and payment settlement, with the exception of the scenario mentioned under §8. Accordingly, Fidor Bank shall also assume no liability for the deposits held in trust by Bitcoin Deutschland for its customers.

5. Prices and costs

Fees, brokerage, remunerations and expenses related to Bitcoin trading are published in the up-to-date schedule of prices and services of Bitcoin Deutschland (available on the platform www.bitcoin.de). The customer explicitly accepts that he/she has been provided with the schedule of prices and services as well as any changes to the schedule of prices and services on the internet on www.bitcoin.de.

Fidor Bank charges a fee to the buyer as part of accelerated transaction processing after each conclusion of a purchase contract ("buyer fee"). The amount of this buyer fee can be found in the current schedule of prices and services of Bitcoin Deutschland (available on the platform www.bitcoin.de). The buyers fee will be reserved together with the purchase price on the Fidor account and debited accordingly upon execution of the transaction.

Fidor Bank charges a fee to the seller as part of accelerated transaction processing after each conclusion of a purchase contract, if the seller has specified an Fidor Bank account as a reference account for Bitcoin trading ("seller fee"). The amount of this seller fee can be found in the current schedule of prices and services of Bitcoin Deutschland (available on the platform www.bitcoin.de). After crediting the purchase price on the account at the Bank Fidor the sellers fee will be charged.

6. “Online wallets” not included in deposit protection scheme of Fidor Bank

To avoid misunderstanding or doubt, we would like to clarify explicitly that the Bitcoin deposits managed by Bitcoin Deutschland for its customers shall not be covered by the deposit protection schemes of the German banks. The provisions of the “General Terms and Conditions of Bitcoin Deutschland AG” shall exclusively apply to these deposits, including the deposits offered for sale on the platform www.bitcoin.de.

7. Liability provisions

7.1 The liability of Fidor Bank vis-à-vis the trading of Bitcoins shall be limited to intent and gross negligence; in the event of breach of important contractual obligations, Fidor Bank shall assume liability also for minor negligence.

7.1.1 Insofar as Fidor Bank assumes liability for minor negligence, the liability shall be limited to damages that are foreseeable and typical for this type of contract.

7.1.2 Fidor Bank shall not assume liability for damages due to circumstances for which Fidor Bank is not responsible. Fidor Bank shall expressly disclaim any liability for activities, offers, services and other products outside the purview of investment brokerage of Bitcoins. This shall be applicable particularly to the offer of so-called “online wallet” for the safe custody of Bitcoins or the deposit of Bitcoins in trust associated with the settlement of purchase agreements through delivery and/or transfer of Bitcoins or with the handling of payments,with the exception of the scenario presented under §8. Bitcoin Deutschland shall be solely and exclusively responsible for these and other activities, offers, services and products that are offered outside the scope of investment brokerage of Bitcoins on the Bitcoin Deutschland platform.

7.1.3 Fidor Bank shall not assume liability for damages attributable to force majeure, riots or political unrest, war, terrorism or natural disasters, adverse market conditions or failure or malfunction of computer equipment or technical systems, on which Fidor Bank has no influence.

7.1.4 Fidor Bank shall assume no liability whatsoever for the correctness and/or completeness of the price data for Bitcoins provided by the market data providers.

7.2 The rights of the customer vis-à-vis Fidor Bank may not be assigned or pledged. Fidor Bank shall be authorised to assign or pledge its rights vis-à-vis the customer (including its rights to deposits and open transactions).

7.3 Force majeure is defined as follows: partial strikes or general strikes of company-internal or -external nature, lockouts, attack of any origin whatsoever, earthquake, fire, storm, flood, cloudburst, statutory or regulatory actions restricting trade, a defective or non-functioning telecommunications network, and all cases preventing normal performance of the contract, regardless of the will of both parties.

8 Payment guarantee associated with the option “quick processing” (“purchase now” and “sell now” function)

With the proviso that both the potential purchaser and the potential seller have an account with Fidor Bank, which they use as reference bank account for the Bitcoin trade on the platform www.bitcoin.de and which they have also selected as the payment account for the concerned purchase or sale, as well as with the following additional provisos:

- that the purchaser and the seller have consented to the additional agreement on “quick processing” with Bitcoin Deutschland AG,

- that in the event of a sale offer the seller has selected an option which enables or requires the purchaser to carry out “quick processing”,

- that in the event of a purchase offer the purchaser has activated the “quick processing” functionality,

- that there is an effective agreement and understanding on the sale and transfer of the Bitcoins,

- that the purchaser has reserved an appropriate amount at least to the tune of the agreed purchase price in its account in Fidor Bank,

- that the seller has submitted the Bitcoins required for the sale to Bitcoin Deutschland AG,



Fidor Bank guarantees the seller that it shall issue the agreed purchase price from the purchaser’s account in Fidor Bank and remit the payment amount due to the seller to its bank account in Fidor Bank. In case the seller has a reference account in a bank other than Fidor Bank, a receipt of payment in accordance with the additional conditions (§9 para 3) cannot be guaranteed.

To avoid misunderstanding or doubt, we would like to clarify explicitly that within the context of this option Fidor Bank shall continue to disclaim any liability for the customer deposits held in trust by Bitcoin Deutschland AG or for the delivery of the Bitcoins sold to the purchaser.

9. Data privacy

Fidor Bank collects, processes and uses personal data within the context of the business relationship with its customers. This is done for the sole purpose of maintaining the business relationship with the customers. This is subject to the stipulations of the Federal Data Protection Law (BDSG) in particular. The customer, hereby, explicitly authorises Fidor Bank to store, process, use and forward this information to third parties (as mentioned above, for the sole purpose of maintaining the business relationship with the customers). The customer has taken due note that he/she can obtain this information and exercise his/her right of objection at any time. The communication shall take place via email to Fidor Bank.

10. No right of revocation with regard to the sale of Bitcoins

As the price of Bitcoins offered by Fidor Bank is subject to fluctuations in the financial market, on which Fidor Bank has no influence, the customer shall not be entitled to the right of revocation with respect to the conclusion of business transactions via Fidor Bank.

11. Other provisions

11.1 Should any provision of these terms and conditions be wholly or partially invalid, then the validity of the remaining provisions shall remain unaffected. The same shall apply in case there is a gap or loophole in this agreement. The parties shall undertake to replace the loophole or the invalid or void provision in this case with another clause, which appropriately meets the business purpose of the agreement and which comes as close as possible to the intended business purpose of the original provision.

11.2 The contractual relationship between the customer and Fidor Bank shall be governed by the German law, with exclusion of the United Nations Convention on Contracts for the International Sale of Goods [CISG].

11.3 The place of legal jurisdiction shall be Munich, insofar as another place of jurisdiction does not become mandatory due to statutory provisions.

11.4 Changes and additions to this agreement shall have to be made in writing in order to be effective, subject to the previous regulation regarding the written form. This shall also apply to the requirement of the written form itself.