ADDENDUM TO BITGO TERMS OF USE
ADDENDUM TO BITGO TERMS OF USE
This Addendum ("Addendum") supplements and amends the Terms of Use ("Terms") between you ("you" or "Client") and BitGo, Inc. ("BitGo"), as may be updated from time to time. This Addendum applies only to Clients that are incorporated or resident in India.
In the event of any conflict or inconsistency between this Addendum and the Terms, the provisions of this Addendum shall prevail solely with respect to Clients based in India. All other provisions of the Terms remain in full force and effect. Capitalized terms used but not defined herein have the meanings given in the Terms.
For the purposes of this Addendum:
a) “FIU-IND” refers to the Financial Intelligence Unit - India established under the Prevention of Money Laundering Act, 2002.
b) “PMLA” refers to the Prevention of Money Laundering Act, 2002, as amended from time to time.
c) “PLMR” refers to the Prevention of Money Laundering (Maintenance of Records) Rules, 2005, as amended from time to time.
1. Contracting Entity
Notwithstanding anything to the contrary in the Terms (including any identification of BitGo, Inc. as the contracting party), for Clients based in India, the contracting entity is BitGo Technologies India Pvt. Ltd. ("BitGo India"), a private limited company incorporated under the laws of India. All references in the Terms to "BitGo", "we", "us", or "our" shall, for purposes of Clients based in India, be deemed to refer to BitGo India. BitGo India assumes all rights, obligations, representations, and liabilities under the Terms with respect to such Clients. BitGo, Inc. may continue to provide certain support, technology, or backend services to BitGo India as an affiliate.
To the best of our knowledge, information and belief, no other specific regulatory licence is required for the provision of our Services in India at this time. However, this position may change based on the evolving regulatory frameworks.
2. Governing Law
Section 9 (Choice of Law and Alternate Forum) of the Terms (or any equivalent provision regarding governing law) is hereby amended and superseded for Clients based in India as follows:
These Terms (as amended by this Addendum) and any dispute, claim, or controversy arising out of or in connection with them, the Services, or the relationship between the parties shall be governed by and construed in accordance with the laws of Singapore, without regard to its conflict of laws principles. The parties agree that these Terms and the transactions contemplated therein shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
3. Arbitration
Section 8 (Arbitration) of the Terms (or any equivalent provision regarding dispute resolution) is hereby amended and superseded for Clients based in India as follows:
THE PARTIES AGREE THAT ALL CONTROVERSIES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF THE SERVICES (“DISPUTES”), WHETHER ARISING PRIOR, ON, OR SUBSEQUENT TO THE EFFECTIVE DATE, SHALL BE ARBITRATED AS FOLLOWS: The Parties irrevocably agree to submit all Disputes between them to binding arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the SIAC for the time being in force, which rules are deemed to be incorporated by reference to this clause. The place and location of the arbitration shall be in Singapore. All arbitration proceedings shall be closed to the public and confidential and all related records shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The arbitration shall be conducted before a single arbitrator selected jointly by the parties.
d. This arbitration provision shall survive any termination of the Terms or this Addendum. Notwithstanding the foregoing, either party may seek interim or provisional relief (including injunctive relief) from a competent court in India to protect its rights pending the arbitration or to enforce intellectual property rights or prevent irreparable harm.
e. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
All other provisions of the Terms, including but not limited to those related to amendments, notices, waivers, severability, and entire agreement, remain unchanged and apply in full, except as expressly modified herein.
By continuing to access or use the Services, or by accepting this Addendum (including through electronic means, continued use after notice, or as otherwise provided in the Terms), Clients based in India agree to be bound by this Addendum.
If you do not agree to this Addendum, you must immediately cease accessing or using the Services.
Reporting and Disclosure to Authorities
1. BitGo is required by law to monitor transactions and report suspicious transactions to FIU-IND and other competent authorities.
2. You acknowledge and expressly consent that BitGo may, without prior notice to You:
a) Report suspicious transactions, attempted suspicious transactions, or any other information to FIU-IND;
b)Share Your KYC information, transaction data, IP address, device information, and other details with FIU-IND, law enforcement agencies, tax authorities, and other regulatory authorities;
c) Provide information in response to lawful requests from authorities;
d) Freeze, suspend, or block transactions or Account access based on regulatory requirements or suspicious activity; and
e) Investigate and take action against suspected violations of law or these Terms.
3. BitGo and its employees are prohibited by law from disclosing to You (tipping off) that information has been reported to FIU-IND or other authorities, or that You are subject to investigation.
4. You agree not to hold BitGo liable for any losses, damages, or consequences arising from such reporting, disclosure, or investigation.
5. BitGo shall have no obligation to inform You of investigations or to provide reasons for suspension, termination, or blocking of transactions where prohibited by law or where doing so would compromise the investigation.