Terms of Service

Last updated 20 September 2026

IMPORTANT. b is a self-custody Bitcoin wallet, available wherever we offer the app. You hold the keys, we do not. We cannot access, move, freeze, reverse, or recover your Bitcoin, and if you lose your keys and your backups it is permanently lost, by anyone, including us.

We also provide buying and selling Bitcoin for Australian dollars, through the app and through the paybtc.com.au web exchange. Those services are available only to verified customers in Australia, and require identity verification and an age of 18 or over. If you are outside Australia, or you have not verified your identity, you can use the wallet and nothing else.

By using either the wallet or the Australian services, you agree to these Terms. If you do not agree, do not use them.

1. Definitions and Interpretation

1.1 Definitions

In these Terms, unless the context otherwise requires:

"AML/CTF Act"
means the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), the AML/CTF Rules, and the instruments made under it, as amended.
"App" or "b"
means the b native iOS application, including all updates, upgrades, and related services we provide.
"AUD"
means Australian dollars.
"AUSTRAC"
means the Australian Transaction Reports and Analysis Centre.
"Bitcoin" or "BTC"
means the decentralised digital currency operating on the Bitcoin network. Bitcoin is a virtual asset for the purposes of the AML/CTF Act.
"Card"
means the custodial, Australian only, opt-in card balance feature described in clause 3.6, which is not currently available.
"Exchange Service"
means the service of exchanging Bitcoin for AUD, or AUD for Bitcoin, provided through the Platform and the App.
"KYC"
means the customer identification and verification procedures we are required to carry out under the AML/CTF Act.
"Lightning"
means the Bitcoin Lightning Network, a layer 2 network used for faster, lower cost Bitcoin payments, on which the Spending balance operates.
"Payment Account"
means the account details, including a BSB and account number, that we or our banking provider issue to you for the purpose of receiving your AUD payments for the Exchange Service. See clause 3.8.
"Platform"
means the paybtc.com.au web exchange operated by us.
"Privacy Policy"
means our privacy policy as amended from time to time, available at paybtc.com.au/privacy.
"Recovery Phrase"
means the secret recovery phrase, also commonly called a seed phrase, generated on your device, which controls the Bitcoin in your self-custody balances.
"Savings"
means the self-custody, on-chain (layer 1) Bitcoin balance in the App, described in clause 3.4.
"Australian Services"
means the Exchange Service, the Platform, and, when available, the Card. We provide these only to Verified Customers in Australia.
"Services"
means the Wallet and the Australian Services together.
"Spending"
means the self-custody, Lightning Bitcoin balance in the App, described in clause 3.5.
"User", "you", or "your"
means any individual who accesses or uses the App or the Platform, wherever they are located.
"Verified Customer"
means a User who has completed our identity verification and whom we have approved for the Australian Services.
"Wallet"
means the self-custody Bitcoin wallet in the App, being the Savings and Spending balances. The Wallet is available wherever we make the App available and does not require identity verification.
"We", "our", or "us"
means PAYBTC Pty Ltd (ACN 694 153 832), trading as paybtc.

1.2 Interpretation

Headings are for convenience and do not affect interpretation. The singular includes the plural. "Including" and similar words are not words of limitation. A reference to legislation includes that legislation as amended, replaced, or re-enacted. Where our registration, our obligations, or a defined term refers to a "digital currency exchange" or "digital currency", that reference is to be read as a reference to a virtual asset service provider and a virtual asset respectively, following the amendments to the AML/CTF Act that took effect on 31 March 2026.

2. Who Can Use What

2.1 Two different things

b gives you two separate things, with different rules, and it matters which one you are using.

The Wallet is a self-custody Bitcoin wallet. It is available wherever we make the App available, it does not require identity verification, and we hold nothing.

The Australian Services are buying and selling Bitcoin for Australian dollars, through the App or the Platform, and, when available, the Card. These are available only to Verified Customers in Australia.

2.2 Using the Wallet

To use the Wallet, you must:

  • be at least 18 years of age;
  • have the legal capacity, where you live, to agree to these Terms;
  • be permitted by the law of the country you are in to use a self-custody Bitcoin wallet; and
  • not be a person or entity subject to economic sanctions, trade restrictions, or terrorism financing designations, see clause 2.5.

We do not verify your identity to give you a Wallet, and we do not ask for your name, address, or documents. That is a consequence of the Wallet being self-custody: you are not depositing anything with us, so there is nothing for us to hold and nothing for us to verify.

2.3 Using the Australian Services

To buy or sell Bitcoin, or to use the Card when it becomes available, you must additionally:

  • be at least 18 years of age. We check your date of birth during identity verification, before any account is created for transacting;
  • be an Australian resident, or otherwise legally entitled to use these services in Australia;
  • complete our identity verification, and give us information that is accurate, current, and complete; and
  • use an Australian bank account held in your own name, see clause 2.4.

As an exchange registered with AUSTRAC, we are required by law to verify your identity before you can buy or sell. Verification is carried out with the assistance of a third party identity verification provider, which is identified in our Privacy Policy. If you do not complete verification, you keep the Wallet and simply do not get the Australian Services.

2.4 Your bank account

Any Australian bank account you use with the Australian Services must be held in your own name. We do not accept payments from, or make payments to, an account in someone else's name. This is a requirement of our AML/CTF obligations, not a preference, and payments from a third party account may be delayed, returned, or refused. You must keep your bank account details current.

2.5 Sanctions and restricted persons

You must not use any part of the Services if you are a person or entity that is subject to economic sanctions, trade restrictions, or terrorism financing designations under Australian law, or under the sanctions regimes of the United Nations, the United States, the European Union, or the United Kingdom, or if you are acting for such a person. You must not use the Services from a country subject to comprehensive sanctions.

Because the Wallet requires no identity verification, we do not screen Wallet users against sanctions lists, and we hold no identity information that would let us do so. The obligation in this clause is yours, and using the Services in breach of it is a breach of these Terms and may be an offence where you live. We do screen Verified Customers, see clause 5.

2.6 Where the App is available

We make the App available through the Apple App Store in the countries we choose, and we may add or remove countries at any time. We do not represent that the App, or self-custody Bitcoin generally, is lawful in every country. You are responsible for knowing and complying with the law where you are, including any law about owning, holding, sending, or receiving Bitcoin, and any tax obligation that arises. If it is not lawful for you to use the App where you are, you must not use it.

2.7 Account security

You are responsible for:

  • maintaining the confidentiality of your account credentials, your device passcode, and your biometric settings;
  • keeping your Recovery Phrase secret and secure, see clause 3.3;
  • all activity that occurs through your account or your device; and
  • notifying us immediately of any unauthorised access to your account.

Because your Savings and Spending balances are self-custody, we cannot reverse transactions made from them, and we cannot recover Bitcoin lost through compromise of your device or your Recovery Phrase. To the extent permitted by law, and subject to clause 10.4, we are not liable for loss arising from your failure to keep your credentials, device, or Recovery Phrase secure.

3. Description of Services

3.1 Non-custodial by design

Everything we offer is non-custodial except one feature that does not yet exist. The Wallet holds your Bitcoin under your own keys, on your own device, wherever you are. On the Platform, Bitcoin you buy is sent to a Bitcoin wallet you nominate and control. In neither case do we hold it. The only part of any Service where we will hold Bitcoin on your behalf is the Card, described in clause 3.6, which is not currently available and will be offered only in Australia. Except for the Card, we do not hold, and cannot access, move, freeze, reverse, or recover your Bitcoin.

Which parts are available to you depends on where you are and whether you have verified. Clauses 3.2 to 3.5 and 3.9 describe the Wallet, which is available wherever we offer the App. Clauses 3.6, 3.7, 3.8 and 3.10 describe the Australian Services, which are available only to Verified Customers in Australia.

3.2 The b app and self-custody

For your Savings and Spending balances in the App, you alone hold and control the keys to your Bitcoin. Two consequences follow, and you must understand both.

You are in sole control. Your Bitcoin in the Savings and Spending balances is controlled solely by you, through your Recovery Phrase and your device. We do not hold it, it is not deposited with us, it is not on our balance sheet, and we cannot access, move, freeze, reverse, or recover it. We cannot comply with a demand to seize or freeze it, because we do not hold the keys.

You are solely responsible. Because we do not hold your keys, we cannot help you recover your Bitcoin if you lose access to them. If you lose your Recovery Phrase, your device, and any backup you have made, your Bitcoin will be permanently and irretrievably lost, and no person, including us, will be able to recover it.

This self-custody model is a deliberate design choice and the central feature of the App. It is what allows you to own your Bitcoin outright. It also means the responsibility for safeguarding access sits with you.

3.3 Your Recovery Phrase and backups

When you first set up the App, a Recovery Phrase is generated on your device. Creating a wallet requires you to be signed in to iCloud, because the App places an encrypted backup of your Recovery Phrase in your own iCloud account. That backup is encrypted on your device and neither Apple nor we can read it. You may also choose to export your Recovery Phrase manually through the App's settings. You acknowledge and agree that:

  • anyone who obtains your Recovery Phrase can take your Bitcoin, so you must keep it secret;
  • we will never ask you for your Recovery Phrase, and any person who does is attempting to defraud you;
  • if your only backup is the one in your iCloud account and you lose access to your Apple ID, you may permanently lose access to your Bitcoin, and turning off iCloud Keychain does not remove that backup, it removes your ability to restore from it; and
  • keeping a secure backup of your Recovery Phrase is your responsibility, and we cannot restore it for you.

Your Recovery Phrase alone may not be enough. For the Spending balance, recovering your funds may also require recovery information that the App maintains for you automatically. Keep the App installed and opened periodically while you hold a Spending balance, and do not rely on your Recovery Phrase alone as a complete backup of that balance.

3.4 Savings (self-custody, on-chain)

Your Savings balance is self-custody Bitcoin held on the Bitcoin blockchain (layer 1), designed as your store of value. You control the keys. On-chain transactions are subject to Bitcoin network fees and confirmation times, which are set by the network and are outside our control. We do not guarantee that any transaction will confirm within any particular time.

3.5 Spending (self-custody, Lightning)

Your Spending balance is self-custody Bitcoin held on the Lightning Network (layer 2), designed for faster, lower cost payments. You control the keys and you authorise each payment. Spending balances are intended to be kept relatively small by design. Lightning is a newer technology than the Bitcoin base layer. Moving funds off Lightning can involve additional cost, and for very small amounts may not be economical, meaning very small residual balances may be impractical to withdraw. You accept these characteristics as inherent to the Lightning Network.

3.6 Card (custodial, Australia only, not yet available)

The Card is a planned, opt-in feature of the App that will be available only to eligible, identity verified Australian customers who choose to enrol. When launched, the Card balance will be the only part of any Service where we hold Bitcoin on your behalf, that is, on a custodial basis. The Card is not currently available. Separate terms specific to the Card will be provided to you, and you will need to agree to them, before the Card is made available to you. Nothing in these Terms operates as terms for the Card.

3.7 The paybtc.com.au web exchange (Australia only)

The Platform is a Bitcoin only, non-custodial exchange. When you buy Bitcoin on the Platform it is sent to the external Bitcoin wallet address you provide, which you control. We do not provide a custodial wallet on the Platform and do not hold Bitcoin on your behalf. You are solely responsible for providing a correct and compatible wallet address. Bitcoin sent to a wrong or incompatible address may be permanently lost and cannot be recovered by us.

3.8 Buying and selling Bitcoin (Australia only)

The Exchange Service is available on both the Platform and the App. You acknowledge and agree that:

  • you pay for Bitcoin by transferring AUD from your verified Australian bank account to the Payment Account we provide, using supported methods including the New Payments Platform and direct deposit;
  • your payment must match the amount quoted. Over-payments and under-payments may not be processed and may need to be refunded;
  • exchange rates are set at the time of conversion and move with the market. A quoted rate is guaranteed only for the period displayed;
  • Bitcoin is released to you only after your incoming payment has cleared. Clearing times depend on the banking system and are not guaranteed within any particular period;
  • when you buy, the Bitcoin is delivered to your self-custody Savings balance in the App, or to the external wallet address you nominate on the Platform;
  • when you sell, we pay the AUD proceeds to your verified Australian bank account. Refunds, where issued, are made only in AUD to that account, on request and subject to verification;
  • conversions are final and irreversible once confirmed, and cannot be reversed once the Bitcoin has been delivered;
  • we apply minimum and maximum transaction limits based on your verification level and risk profile. Current limits are shown at the point of transaction. Increases may be requested and are subject to our approval; and
  • we may delay, decline, or reject a transaction where required for compliance, fraud prevention, or risk management.

Your AUD is not a deposit with a bank. The Payment Account exists to receive your payment for a specific transaction. We are not an authorised deposit-taking institution, we do not hold AUD for you as a deposit or a stored balance, and AUD passing through a Payment Account is not protected by the Financial Claims Scheme or any government deposit guarantee.

3.9 Sending and receiving Bitcoin in the App

The App allows you to send and receive Bitcoin to and from external addresses, on-chain and over Lightning. You acknowledge and agree that:

  • Bitcoin transactions are irreversible. Once broadcast, we cannot reverse, cancel, or refund them;
  • you are solely responsible for verifying the recipient's address before sending. Funds sent to a wrong or incompatible address may be permanently lost;
  • network fees and confirmation times are determined by the Bitcoin and Lightning networks and are outside our control; and
  • because you sign transactions from your self-custody balances with your own keys, we do not pre-screen, approve, block, or reverse those transactions before they are broadcast, and you are responsible for them.

3.10 Transfers to a wallet you control

Since 1 July 2026, Australian law has required exchanges to collect and verify information about the payer, and to collect information about the recipient, for transfers of virtual assets. Where you buy Bitcoin for delivery to a Bitcoin address outside the App, this applies to that delivery.

For that reason, when you place such an order you will be asked to confirm the following:

"I confirm the receiving wallet belongs to me and no third party is involved in this payment."

You must not make that confirmation if it is not true. We record your confirmation, with the date and time, against the transaction, and we retain it as part of our records. Giving us false information is a breach of these Terms and may be an offence. If the receiving wallet is not yours, or a third party is involved, do not proceed. Contact us instead so we can tell you whether we can process the transaction and what information we need.

This clause does not apply to Bitcoin you send yourself from your self-custody balances using your own keys, which is governed by clause 3.9.

4. Fees and Charges

We fund the Platform and the Exchange Service through a spread, which is a margin included in the exchange rate we quote you, rather than a separate service fee. The spread is how we are paid for the Exchange Service. It is disclosed to you before you confirm a transaction, and it is reflected in the rate you see.

The charges that may apply are:

  • the spread on Bitcoin buy and sell conversions, disclosed before you confirm;
  • Bitcoin and Lightning network fees on transfers, which vary with network conditions and are set by the network, not by us. On Platform purchases these are included in the quoted price; and
  • any fees applicable to the Card once it is available, which will be disclosed in the Card terms.

All applicable charges will be shown before you confirm a transaction. We may introduce or change charges in accordance with clause 15.7.

5. Identity, Anti-Money Laundering and Counter-Terrorism Financing

5.1 What this clause applies to

This clause 5 applies to the Australian Services, not to the Wallet. Giving you a self-custody wallet is not a service regulated under the AML/CTF Act, we hold nothing for you, and we do not verify or screen Wallet users. Everything below applies once you use, or apply to use, the Australian Services.

5.2 Our registration

PAYBTC Pty Ltd is registered with AUSTRAC under the AML/CTF Act, registration number DCE100926176-001. Following amendments to the AML/CTF Act that took effect on 31 March 2026, businesses previously registered as digital currency exchange providers are registered as virtual asset service providers. Our registration number is unchanged.

5.3 Your obligations

As a condition of using the Services, you represent and warrant that:

  • all information you provide during registration and KYC is true, accurate, and complete;
  • you will promptly notify us of changes to your information;
  • you will not use the Services for money laundering, terrorism financing, sanctions evasion, tax evasion, or any other unlawful purpose;
  • the funds you use are from legitimate sources; and
  • you are acting on your own behalf and not for an undisclosed third party.

5.4 Our rights and obligations

To comply with the AML/CTF Act, we may:

  • request additional identification or information at any time, including about the source of your funds;
  • screen customers and transactions against sanctions lists and watchlists;
  • delay, suspend, or refuse a transaction we reasonably suspect is connected to unlawful activity;
  • lodge suspicious matter reports and threshold transaction reports with AUSTRAC;
  • collect, verify, record, and where required transmit information about payers and recipients of virtual asset transfers, as described in clause 3.10; and
  • suspend or close your account, or restrict transactional features, where we cannot verify your identity or reasonably suspect non-compliance.

You acknowledge that the law prohibits us from telling you if a suspicious matter report has been made, and that disclosing that information, known as tipping off, is a criminal offence. This means there will be circumstances in which we cannot explain why a transaction has been delayed or an account restricted.

5.5 Records

We are required to retain identification and transaction records for seven years. This obligation continues after you close your account and overrides any request to delete that information. Our Privacy Policy sets out how we handle it.

6. Financial Services, and No Advice

The core service of buying and selling Bitcoin for delivery into your own self-custody is provided on a non-custodial basis. We do not hold an Australian Financial Services Licence, and we do not provide financial product advice, investment advice, or tax advice. Nothing in the Platform or the App is a recommendation to buy, sell, or hold Bitcoin. Prices and market data are provided for information only. You should obtain your own independent advice before making decisions involving Bitcoin.

Bitcoin is a volatile asset. Its value can rise or fall sharply and without warning, and you may lose some or all of the value of your holdings. There is no government guarantee and no deposit insurance for Bitcoin. Do not buy Bitcoin with money you cannot afford to lose.

7. Taxation

You are solely responsible for determining and meeting your own tax obligations arising from your use of the Services. Buying, selling and spending Bitcoin can have tax consequences, and your position depends on your circumstances. We do not provide tax advice and we recommend you consult a qualified tax professional. We may be required to provide records to the Australian Taxation Office. We may also make your transaction history available to help you meet your obligations, but you remain responsible for the accuracy of your tax affairs.

If you are outside Australia, none of the Australian tax commentary above applies to you, and your obligations are governed by the law of the country where you are tax resident. We do not report Wallet activity to any tax authority, because we do not hold your Bitcoin and do not know who you are.

8. Prohibited Uses

You must not use the Services for:

  • money laundering, terrorism financing, or any breach of the AML/CTF Act;
  • buying goods or services that are unlawful under Australian or other applicable law;
  • circumventing sanctions, trade restrictions, or other regulatory requirements;
  • fraud, identity theft, or impersonating another person or entity;
  • transacting on behalf of another person without telling us;
  • market manipulation or other deceptive conduct;
  • tax evasion;
  • interfering with, disrupting, or attempting to gain unauthorised access to the Services or their infrastructure;
  • reverse engineering, decompiling, or disassembling the App, except to the extent this restriction cannot lawfully be imposed;
  • automated scraping, or use of bots, against the Platform or the App; or
  • any purpose that breaches Apple's App Store Review Guidelines, or is otherwise unlawful.

9. Intellectual Property

All intellectual property rights in the Platform and the App, including their design, source code, content, trade marks, logos, and interface, are owned by or licensed to PAYBTC Pty Ltd. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the App in accordance with these Terms. You must not copy, modify, distribute, sell, sublicense, or create derivative works from the App without our prior written consent, except where we have published a component under an open source licence, in which case that licence governs, or where the restriction cannot lawfully be imposed. The Bitcoin name and logo are not owned by us and are used descriptively.

10. Disclaimers and Limitation of Liability

10.1 Service availability

Except for rights you have under the Australian Consumer Law or the Australian Securities and Investments Commission Act 2001 (Cth) that cannot be excluded, we provide the Services on an "as is" and "as available" basis. We do not guarantee that they will be available, uninterrupted, error free, or secure at all times, and we may suspend or discontinue features. See clause 10.4.

10.2 Bitcoin and self-custody risks

You acknowledge and accept that:

  • Bitcoin is highly volatile and its value can fall as well as rise;
  • Bitcoin transactions are irreversible;
  • because your Savings and Spending balances are self-custody, loss of your Recovery Phrase, device, and backups will result in permanent and unrecoverable loss of your Bitcoin, which we cannot restore;
  • the Bitcoin and Lightning networks may experience delays, congestion, forks, or other disruptions;
  • there is no government guarantee or deposit insurance for Bitcoin; and
  • if you are deceived into sending Bitcoin to someone else, whether by an investment offer, a person you have met online, someone offering to recover an earlier loss, or anyone claiming to be from paybtc, the payment cannot be reversed by us or by anyone.

10.3 Limitation of liability

To the maximum extent permitted by law, and subject always to clause 10.4:

  • other than rights you have under the Australian Consumer Law or the Australian Securities and Investments Commission Act 2001 (Cth) that cannot be excluded, we exclude implied warranties and conditions not expressly set out in these Terms;
  • we are not liable for loss of Bitcoin arising from your loss of, or failure to secure, your Recovery Phrase, device, or credentials, or from errors in wallet addresses you provide;
  • other than rights you have under the Australian Consumer Law or the Australian Securities and Investments Commission Act 2001 (Cth) that cannot be excluded, we are not liable for indirect or consequential loss, including loss of profits, loss of opportunity, or loss of anticipated gains in the value of Bitcoin.

Nothing in this clause limits our liability for fraud, for our own wilful misconduct, or for any liability that cannot lawfully be limited.

10.4 Australian Consumer Law and ASIC Act

Our Services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)). To the extent any part of the Services is a financial product or a financial service, the equivalent protections in the Australian Securities and Investments Commission Act 2001 (Cth) apply instead, including the unfair contract terms provisions and the guarantee that services are rendered with due care and skill. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you have under either Act or any other law where doing so would be unlawful. Where our liability for a failure to comply with a consumer guarantee can be limited, and it is fair and reasonable for us to rely on that limitation, it is limited, at our option, to resupplying the services or paying the cost of having them resupplied. If any part of these Terms would otherwise be unenforceable as an unfair contract term, it applies only to the extent that it is not unfair.

If you are a consumer outside Australia, the law of the country where you live may give you rights that cannot be excluded or limited by agreement. Nothing in these Terms is intended to take those rights away, and where a term of these Terms conflicts with a protection you have under your own law that cannot be excluded, that protection applies.

11. Indemnity

To the extent permitted by law, you indemnify us and our directors, officers, and employees against direct loss, and reasonable costs, that we suffer arising from your fraud, your breach of these Terms, your breach of any law including the AML/CTF Act, or your infringement of a third party's rights.

This indemnity does not apply, and is reduced proportionately, to the extent that the loss was caused or contributed to by us, our breach of these Terms, our negligence, or our failure to comply with a consumer guarantee that cannot be excluded. It does not extend to indirect or consequential loss, and it does not apply to loss we could have avoided by taking reasonable steps.

12. Suspension and Termination

12.1 By you

You may stop using the Services at any time. Because your Savings and Spending balances are self-custody, you can move that Bitcoin to another wallet using your Recovery Phrase whenever you wish, independently of us. To close your account for the transactional Services, contact us through the support form at paybtc.com.au/help. Closure is subject to completing any pending transactions and to our record-keeping obligations under clause 5.5.

12.2 By us

We may suspend, restrict, or close your account, or restrict transactional features, if:

  • you breach these Terms in a way that is material, or that you do not remedy after we ask you to;
  • we are required to by law, by a regulator, or by a court;
  • we reasonably suspect fraud, unlawful activity, or non-compliance with the AML/CTF Act;
  • you do not complete or maintain KYC when we ask you to; or
  • we discontinue a Service.

We will give you reasonable notice and our reasons where we are able to. We may act immediately and without notice where we reasonably believe it is necessary to prevent fraud or loss, to protect the security of the Services, or where notice or an explanation would put us in breach of the law, including the tipping off provisions described in clause 5.4. Where we discontinue a Service, we will give you at least 30 days' notice unless we cannot lawfully do so.

12.3 Effect of termination

Suspension or closure affects your access to the Services and, once available, the custodial Card. It does not, and cannot, take away the Bitcoin in your self-custody Savings and Spending balances. You retain sole control of that Bitcoin through your Recovery Phrase, and you can move it at any time without our involvement. Any AUD we hold for you at the time of closure will be returned to your verified bank account, subject to our legal obligations. Provisions that by their nature survive termination, including clauses 5, 7, 9, 10, 11, and 14, continue to apply.

12.4 Death or incapacity

If you die or lose capacity, your legal personal representative should contact us. We can close your account and deal with any AUD we hold, on production of appropriate authority. We cannot recover the Bitcoin in your self-custody balances for your estate, because we do not hold the keys. Access to that Bitcoin depends entirely on your Recovery Phrase and your backups. If you want your Bitcoin to pass to someone, you must make your own arrangements for them to obtain your Recovery Phrase. We strongly encourage you to take this into account in your estate planning.

13. Complaints and Dispute Resolution

13.1 Talk to us first

If something has gone wrong, contact us through the support form at paybtc.com.au/help. If you cannot reach that form for any reason, including because your account is restricted, you can write to us at the postal address in clause 16, and we will treat your letter the same way. We will acknowledge your complaint and respond within a reasonable period. If we need longer, we will tell you why and when you can expect an answer.

13.2 External dispute resolution

If you are not satisfied with our response, you can take the matter further. Which body is appropriate depends on the nature of your complaint:

BodyHandlesContact
Australian Financial Complaints Authority (AFCA)Financial complaints within its jurisdiction. We are an AFCA member.afca.org.au
1800 931 678
Office of the Australian Information Commissioner (OAIC)Privacy complaintsoaic.gov.au
1300 363 992
AUSTRACAML/CTF conductaustrac.gov.au

If you are outside Australia. AFCA and AUSTRAC deal with Australian financial and AML matters and will not have jurisdiction over a Wallet user overseas. You keep every right you have under the law of the country where you live, including the right to complain to your own consumer protection or data protection regulator. If you are in the European Economic Area or the United Kingdom, our Privacy Policy names the privacy regulator you can complain to. Contact us first through the support form and we will deal with your complaint in the same way.

You may also pursue resolution through the courts. Nothing in this clause limits your rights under the Australian Consumer Law or your right to contact a regulator at any time.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of Queensland, Australia, and the Commonwealth of Australia. You and we submit to the non-exclusive jurisdiction of the courts of Queensland.

This does not deprive you of the protection of any law of the country, state, or territory in which you ordinarily reside that cannot be excluded by agreement, and it does not prevent you from bringing proceedings, or complaining to a regulator, where you live if the law there allows it.

15. General Provisions

15.1 Entire agreement

These Terms, together with our Privacy Policy and any feature-specific terms including the Card terms when issued, are the entire agreement between you and us regarding the Services. This clause does not exclude liability for any statement made fraudulently, or any right or remedy under the Australian Consumer Law.

15.2 Severability

If any provision is invalid, void, or unenforceable, including because it is an unfair contract term, it is severed or read down to the minimum extent necessary, and the remaining provisions continue in full force.

15.3 Waiver

Our failure to enforce a right is not a waiver of it.

15.4 Assignment

You may not assign your rights under these Terms without our consent, which we will not unreasonably withhold. We may assign ours, including on a sale or restructure of the business, on notice to you, provided your rights under these Terms are not adversely affected. If they would be, we will seek your consent or give you the opportunity to close your account without penalty.

15.5 Force majeure

We are not liable for delay or failure caused by events beyond our reasonable control, including natural disasters, acts of government, network failures, cyberattacks, pandemics, or interruptions to telecommunications or internet services. This clause does not limit non-excludable rights under the Australian Consumer Law, and we will take reasonable steps to resume the Services and to keep you informed.

15.6 Notices

We may give you notice through the App, by email to your registered address, or by push notification. You may contact us using the details in clause 16.

15.7 Changes to these Terms

We may change these Terms. We will only do so for a reason connected with the Services, such as a change in the law or a regulator's requirements, a change to how a Service works, the introduction of a new feature, a change to our costs or our risk, or to correct an error or make the Terms clearer.

Where a change is material and adverse to you, we will give you at least 30 days' notice before it takes effect, by email and in the App, and we will tell you what is changing. You may close your account at any time before the change takes effect, without charge and without penalty, and the change will not apply to you. Your self-custody Bitcoin is unaffected either way, because you hold the keys.

We may make a change with less notice, or immediately, only where the change is required by law or a regulator, is necessary to protect the security or integrity of the Services or to prevent fraud, or is not adverse to you. We will tell you as soon as reasonably practicable afterwards.

The current version of these Terms is always available at paybtc.com.au/terms, and the date they were last updated is shown at the top.

15.8 Apple and the App Store

Your use of the App on Apple devices is also subject to the terms in Schedule 1, which form part of these Terms. Apple is a third party beneficiary of these Terms and may enforce them against you.

16. Contact Us

PAYBTC Pty Ltd, trading as paybtc

ACN 694 153 832  ·  ABN 52 694 153 832

AUSTRAC registration: DCE100926176-001

Support: paybtc.com.au/help

Web: paybtc.com.au

Registered office: 1 Wyangarie St, Kyogle NSW 2474, Australia

By accessing or using the Platform or the App, you acknowledge that you have read and understood these Terms and our Privacy Policy, and agree to be bound by them. If you do not agree, do not use them.

Schedule 1, Apple Licensed Application End User Licence Agreement

This Schedule applies when you download or use b on an Apple device. It supplements these Terms. Where this Schedule conflicts with the main Terms in relation to your use of the App on Apple devices, this Schedule prevails to the extent of the conflict.

1. Acknowledgement. These Terms are between you and PAYBTC Pty Ltd only, and not with Apple Inc. (Apple). PAYBTC Pty Ltd, not Apple, is solely responsible for the App and its content.

2. Scope of licence. The licence granted to you for the App is a limited, non-transferable licence to use the App on any Apple-branded product that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

3. Maintenance and support. PAYBTC Pty Ltd is solely responsible for providing any maintenance and support for the App. Apple has no obligation to provide any maintenance or support services.

4. Warranty. PAYBTC Pty Ltd is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you, if any. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App. This clause does not limit your rights under the Australian Consumer Law.

5. Product claims. PAYBTC Pty Ltd, not Apple, is responsible for addressing any claims of yours or of a third party relating to the App or your use of it, including product liability claims, claims that the App fails to conform to a legal or regulatory requirement, and claims arising under consumer protection or similar legislation.

6. Intellectual property claims. In the event of a third party claim that the App infringes that party's intellectual property rights, PAYBTC Pty Ltd, not Apple, is solely responsible for the investigation, defence, settlement, and discharge of that claim.

7. Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a terrorist supporting country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

8. Developer name and address. PAYBTC Pty Ltd (ACN 694 153 832), 1 Wyangarie St, Kyogle NSW 2474, Australia. Any questions, complaints, or claims about the App should be directed to PAYBTC Pty Ltd through the support form at paybtc.com.au/help, or by post to the address above.

9. Third party terms. You must comply with any applicable third party terms of agreement when using the App, including the terms of your wireless data service plan.

10. Third party beneficiary. You acknowledge that Apple and its subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance, Apple has the right, and is deemed to have accepted the right, to enforce these Terms against you as a third party beneficiary.