Regulatory Hub

Digital Currency Services B.V.

Terms of Service

Digital Currency Services B.V.
Version 1.0
Date: 2026-01-18

1. GENERAL PROVISIONS

1.1 Introduction

These terms of service (the "Terms") constitute a legally binding agreement between you (the "Client", "you" or "your") and Digital Currency Services B.V., a private company with limited liability (besloten vennootschap met beperkte aansprakelijkheid) incorporated under the laws of the Netherlands, having its registered office at Europalaan 100, 3526 KS Utrecht, the Netherlands and registered with the Dutch Chamber of Commerce under number 58556974 ("DCS", "we", "us" or "our").

By creating an Account with us and using our services, you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not agree with these Terms, you must not use our services. Unless defined elsewhere in the Terms, capitalised terms shall have the meaning given to them in Article 1.5 of these Terms.

1.2 Regulatory status

DCS is authorised by the Netherlands Authority for the Financial Markets (Autoriteit Financiële Markten, "AFM") as a crypto-asset service provider under Regulation (EU) 2023/1114 on markets in crypto-assets ("MiCAR"). Our authorisation permits us to provide the following crypto-asset services:

(i) Custody and administration of crypto-assets on behalf of clients;

(ii) Exchange of crypto-assets for funds; and

(iii) Transfer services for crypto-assets on behalf of clients.

1.3 Scope of Services

Under these Terms, we provide to you:

(a) Custody Services: The safekeeping and administration of your Crypto-assets, including maintaining the security of and access to your Crypto-assets.

(b) Exchange Services: The facility to buy Crypto-assets from us using euros and to sell Crypto-assets to us in exchange for euros.

(c) Transfer Services: The ability to transfer your Crypto-assets to external wallet addresses that you control or to other clients of DCS.

(d) Ancillary services: any other services we provide to you that are incidental to (a) through (c).

1.4 Acceptance and version control

(a) You accept these Terms by clicking “accept” during the Account registration process or by continuing to access and use our Services following receipt of these Terms. By doing so, you confirm that you have read, understood and agree to be legally bound by these Terms.

(b) We may update these Terms from time to time. We will notify you in advance of any material changes via email and we will make the updated version available on our website. Changes to the Terms shall take effect 30 days after the publication of the amended Terms or as soon as DCS deems necessary to ensure compliance with laws and regulations.

(c) If you do not agree with the updated Terms, you must stop using our Services and you may close your Account in accordance with section 10.1 of these Terms. Continued use of our Services after the effective date of updated Terms constitutes your acceptance of the changes.

1.5 Definitions

In these Terms, the following definitions apply:

"Account" means the account that you open with us, which enables you to access our Services and view your Crypto-asset Balance.

"Business Day" means any day on which our offices are open for business in the Netherlands, excluding Saturdays, Sundays and public holidays.

“Client Assets” means assets that belong to our clients, consisting of Crypto-assets, which are reflected in the Crypto-asset Balance of the respective clients

"Crypto-asset" means a digital representation of value or of rights that is able to be transferred and stored electronically using distributed ledger technology or similar technology within the meaning of in Article 3(1)(5) MiCAR, but expressly excludes any financial instruments within the meaning of Article 4(1)(15) of Directive 2014/65/EU (MiFID II).

"Crypto-asset Balance" means the amount and type of Crypto-assets that we hold and administer on your behalf, as reflected in your Account.

"Crypto-Asset Omnibus Wallets" means the hot wallets and cold wallets operated by the Foundation for the purpose of asset segregation, in which Client Assets are collectively held.

“Custody Services” means the services as described in Article 1.3(a) of these Terms, which qualify as a crypto-asset service within the meaning of Article 3(1)1(17) MiCAR.

“Exchange Services” means the services as described in Article 1.3(b) of these Terms, which qualify as a crypto-asset service within the meaning of Article 3(1)1(19) MiCAR.

"Foundation" means Stichting Digital Currency Services, a foundation (stichting) affiliated with DCS and incorporated under Dutch law and registered with the Dutch Chamber of Commerce under number 96920734, which holds Crypto-assets on behalf of our clients (the Client Assets) as described in these Terms.

“Platform” means the crypto platform of DCS via which DCS provides its Services.

“Services” means the services as described in Article 1.3 of these Terms, which are being provided by us to you.

"Supported Crypto-assets" means those Crypto-assets that we support for our Services, as updated from time to time on our website.

“Transfer Services” means the services as described in Article 1.3(c) of these Terms, which qualify as a crypto-asset service within the meaning of Article 3(1)1(26) MiCAR.

"Wallet Address" means your unique blockchain address generated by us that enables you to deposit Crypto-assets into our custody.

1.6 Interpretation

(a) References to "writing" or "written" include email and other electronic communications.

(b) The singular includes the plural and vice versa.

(c) Headings are for convenience only and do not affect interpretation.

(d) If there is any conflict between these Terms and applicable law, applicable law prevails to the extent of the conflict.

2. ACCOUNT CREATION AND CLIENT IDENTIFICATION

2.1 Eligibility

To create an Account with us, you must:

(a) Be at least 18 years old.

(b) Have full legal capacity to enter into these Terms.

(c) Be resident in a jurisdiction where we offer our Services.

(d) Successfully complete our client onboarding process.

(e) Provide all information and documentation we reasonably request.

2.2 Client identification and verification

In accordance with applicable anti-money laundering and counter-terrorist financing legislation, we are required to verify your identity and accept you as our client before you can use our Services. You agree to:

(a) Provide accurate, current and complete information during the onboarding process.

(b) Promptly update any information if it changes.

(c) Provide any additional information or documentation we reasonably request.

(d) Not create an Account on behalf of any third party unless you have our prior written consent.

2.3 Account security

You are responsible for maintaining the security of your Account credentials. You must:

(a) Keep your login details confidential and not share them with anyone.

(b) Use a strong, unique password for your email connected to your Account.

(c) Enable two-factor authentication for your email connected to your Account when available.

(d) Immediately notify us if you suspect any unauthorised access.

(e) Regularly review your Account activity and promptly report any discrepancies.

2.4 Right to refuse or close accounts

We reserve the right to:

(a) Refuse any application to create an Account without providing reasons.

(b) Suspend or restrict your Account if we suspect fraudulent or suspicious activity.

(c) Close your Account if you breach these Terms or applicable law.

(d) Close your Account for commercial reasons on 60 days' written notice.

3. CUSTODY SERVICES

3.1 Nature of the Custody Services

When you transfer Crypto-assets to us or purchase Crypto-assets through our Exchange Services, we will hold and safeguard those Crypto-assets on your behalf. Our Custody Services involve:

(a) Receiving and holding your Crypto-assets through the Foundation.

(b) Maintaining accurate and up-to-date records of your Crypto-asset holdings.

(c) Implementing appropriate security measures to protect your Crypto-assets.

(d) Facilitating your access to and use of your Crypto-assets.

(e) Returning your Crypto-assets to you upon your valid instructions.

3.2 Legal structure and asset segregation

To ensure the protection of Client Assets, we have established a specific legal structure:

(a) All Client Assets are held by the Foundation, a separate legal entity established solely for the purpose of safeguarding Client Assets.

(b) The Foundation holds all Client Assets collectively in Crypto-Asset Omnibus Wallets (comprising both hot wallets and cold wallets) that are legally and operationally segregated from DCS's own assets.

(c) While the Client Assets are held collectively in Crypto-Asset Omnibus Wallets, your individual entitlement to specific Crypto-assets is recorded in our internal administration system.

(d) When you deposit Crypto-assets to your unique Wallet Address, these Crypto-assets are automatically transferred to the Foundation's Crypto-Asset Omnibus Wallets for safekeeping.

(e) The Crypto-assets held by the Foundation on your behalf remain your property at all times and do not form part of DCS's assets.

(f) In the unlikely event of our insolvency, your Crypto-assets held by the Foundation will not be available to our creditors. Instead, you may request the return of your Crypto-assets from the Foundation and the Foundation shall cooperate to facilitate their return to you.

3.3 Safeguarding and Custody Policy and wallet management

We have implemented a comprehensive Safeguarding and Custody Policy to ensure the safekeeping of Client Assets. This policy includes, amongst others:

(a) Omnibus wallet structure: The Foundation maintains Crypto-Asset Omnibus Wallets where all Client Assets are held collectively, with individual client entitlements tracked through our internal administration.

(b) Hot and cold wallet management:

  • Hot wallets contain a working reserve for operational liquidity to process client transactions in real time.
  • Cold wallets store the majority of Client Assets offline for maximum security.
  • Automatic and manual processes ensure appropriate balances between hot and cold storage.

(c) Technical safeguards: Use of secure wallet infrastructure with multi-signature controls and cryptographic key protection.

(d) Operational procedures: Strict protocols for the movement of Crypto-assets, including segregation of duties and multi-party approvals for significant transactions.

(e) Key management: Secure generation, storage and backup of cryptographic keys, with keys for cold wallets stored offline in geographically separated locations.

(f) Risk mitigation: Regular security assessments, penetration testing and implementation of industry best practices.

(g) Business continuity: Comprehensive disaster recovery and business continuity plans to ensure service availability.

(h) Monitoring and reconciliation: Daily reconciliation to ensure that the total Crypto-assets held in the Crypto-Asset Omnibus Wallets match or exceed the aggregate client entitlements recorded in our systems.

A summary of our Safeguarding and Custody Policy is available upon request. Such a request can be made in writing to us via support@happycoins.com.

3.4 No use of client assets

We will not:

(a) Use your Crypto-assets for our own account or for the account of any other person.

(b) Lend, pledge, hypothecate or otherwise encumber your Crypto-assets without your explicit prior consent.

(c) Commingle your Crypto-assets with our own assets.

(d) Transfer your Crypto-assets to any wallet address or third party without your prior instruction or consent, except for transfers between our operational wallets as necessary for the provision of our Services.

3.5 Rights and obligations regarding Crypto-assets

(a) You retain full beneficial ownership of all Crypto-assets we hold in custody for you. In this regard, you have a direct claim against the Foundation for the total value of the Crypto Assets that the Foundation at any time holds on your behalf.

(b) We will facilitate the exercise of any rights attached to your Crypto-assets where technically feasible and in accordance with our policies.

(c) In the event of a fork or similar event affecting your Crypto-assets, you will be entitled to any newly created Crypto-assets to the extent of your holdings at the time of the event, subject to our technical capabilities and security assessments. We may, in our sole discretion, decide not to support a newly created asset if we believe it would compromise security, violate applicable law or our internal policies.

3.6 Statements and reporting

We will provide you with:

(a) Real-time access to your Crypto-asset Balance through your Account.

(b) Transaction confirmations for all movements of Crypto-assets.

(c) Quarterly statements showing your Crypto-asset positions and all transactions during the reporting period, unless your Account shows no transactions and had a zero Crypto-asset Balance throughout the reporting period.

(d) Any additional reporting you reasonably request, which may be subject to additional fees.

4. TRANSFER SERVICES

4.1 Description of Transfer Services

Our Transfer Services enable you to transfer Crypto-assets from your Account to:

(a) An external custodial wallet address at another crypto-asset service provider, provided such address is in your name and has been whitelisted by us in advance.

(b) An external self-hosted wallet address that you control, provided such address has been whitelisted by us in advance.

(c) Another client of DCS, including merchants who accept Crypto-asset payments for goods or services.

All external wallet addresses must be whitelisted before you can transfer Crypto-assets to them. The whitelisting process requires strong customer authentication with confirmation via email.

4.2 Transfer execution process

When you initiate a transfer:

(a) Instruction: You must provide clear instructions, including the amount and type of Crypto-assets to transfer and the destination address or recipient.

(b) Pre-execution information: before executing your transfer, we will display:

  • the receiving address;
  • the amount and breakdown of any charges; and
  • a warning that Crypto-asset transfers are irreversible once executed.

(c) Consent: You must explicitly confirm the transfer details before we execute the transfer.

(d) Execution: Once confirmed, we will execute the transfer promptly, typically within one minute during business hours.

(e) Finality: Crypto-asset transfers are irreversible once broadcast to the blockchain network.

4.3 Transfer times and cut-off

(a) Transfer instructions received before 14:00 CET on a Business Day will be processed on the same Business Day.

(b) Transfer instructions received after 14:00 CET or on a non-Business Day may be processed on the next Business Day.

(c) While we typically execute transfers within minutes of receiving your confirmed instruction, we commit to executing all transfers within one Business Day.

(d) The time for a transfer to be confirmed on the blockchain depends on the specific blockchain network and is outside our control.

4.4 Information provided after transfer

Following the execution of a transfer, we will provide you with:

(a) a transaction reference number;

(b) the blockchain transaction ID (TxId) where applicable;

(c) the originator and beneficiary details;

(d) the beneficiary wallet addresses;

(e) the amount and type of Crypto-assets transferred;

(f) the execution date and time; and

(g) any fees charged for the transfer.

This information will be sent to your registered email address and will be available in your Account history.

4.5 Security measures for transfers

To protect you and comply with regulatory requirements:

(a) All external addresses must be whitelisted in advance.

(b) We may implement transfer limits or additional authentication requirements for high-value transfers.

(c) We monitor transfers for suspicious activity in accordance with our anti-money laundering procedures.

(d) We may delay or refuse to execute a transfer if we suspect fraud, money laundering or other illicit activity.

(e) You can cancel a transfer instruction at any time before we execute it, but not after execution has begun.

4.6 Refused or suspended transfers

We may refuse or suspend a transfer if:

(a) You have insufficient Crypto-assets in your Account.

(b) The transfer would violate applicable law or our policies.

(c) We are unable to verify the required information under anti-money laundering regulations.

(d) We suspect the transfer relates to fraud, money laundering or other criminal activity.

(e) The destination address is associated with a sanctioned person or jurisdiction.

(f) Technical issues prevent safe execution of the transfer.

If we refuse or suspend a transfer, we will notify you of our decision and the reasons (unless prohibited by law), and explain how to address the issue if possible.

4.7 Unauthorised or incorrect transfers

(a) Your responsibilities: You must:

  • review all transfer details carefully before confirming a transfer;
  • notify us immediately if you become aware of any unauthorised or incorrectly executed transfer; and
  • keep your Account credentials secure.

(b) Notification procedure: If you suspect an unauthorised transfer or notice an error, contact us immediately via our support channels. We will temporarily restrict your Account while we investigate.

(c) Our liability: We accept liability for:

  • transfers executed without your authorisation after we have received and processed your notification to us of a security breach; and
  • transfers incorrectly executed due to our error, if reported within one Business Day.

(d) Limitations: We are not liable for:

  • unauthorised transfers that occur before we have processed your notification to us of a security breach;
  • failures or errors resulting from incorrect information you provided;
  • losses due to blockchain network issues or delays; and
  • transfers to addresses you have authorised, even if you later dispute the recipient's identity.

4.8 Transfer of Funds Regulation (Travel Rule) compliance

As required by Regulation (EU) 2023/1113 on information accompanying transfers of funds and certain Crypto-assets:

(a) We collect and transmit required information about you and the beneficiary for all transfers.

(b) When receiving transfers, we may need to request additional information about the originator.

(c) We may reject incoming transfers that lack required regulatory information.

(d) All information collected is processed in accordance with our privacy policy and applicable data protection laws.

5. EXCHANGE SERVICES

5.1 Nature of Exchange Services

Our Exchange Services enable you to:

(a) buy Crypto-assets: purchase Supported Crypto-assets from us using euros; and

(b) sell Crypto-assets: sell your Supported Crypto-assets to us in exchange for euros.

When you use our Exchange Services, we act as your counterparty. This means you are buying Crypto-assets directly from us or selling Crypto-assets directly to us, not from or to other users or external markets.

5.2 Supported Crypto-assets and availability

(a) We only support the exchange of specific Crypto-assets for euros. We do not support crypto-to-crypto exchanges.

(b) The list of Supported Crypto-assets is available on our website and may be updated from time to time.

(c) Our Exchange Services are generally available 24 hours a day, 7 days a week, subject to maintenance windows and technical availability.

(d) We reserve the right to suspend trading in any Crypto-asset for operational, regulatory or risk management reasons.

5.3 Pricing methodology

Our prices for buying and selling Crypto-assets are determined as follows:

(a) Reference Price: We derive a reference price from current market prices on major crypto exchanges, updated every 30 seconds.

(b) Spread: We add a spread to the reference price for buy orders and subtract a spread for sell orders. The spread is symmetrical and ensures fair pricing for both buying and selling.

(c) Volatility protection: During periods of high market volatility, we may apply adjusted pricing to protect against rapid price movements.

(d) Transparency: Current prices are always displayed before you commit to a transaction.

5.4 Fees and costs

When you buy or sell Crypto-assets, the total cost includes:

(a) The asset price: based on our pricing methodology described above.

(b) Service fee: a percentage fee on the transaction value.

(c) Network fees: for buy transactions where we send Crypto-assets to your external wallet, we cover the blockchain network fees.

(d) Banking fees: costs associated with payment processing.

All fees are disclosed in the transaction proposal before you confirm your order.

5.5 Transaction process

(a) Order placement: You specify the amount of Crypto-assets you wish to buy or sell.

(b) Transaction proposal: We provide you with a detailed proposal showing:

  • the exchange rate (proposed price);
  • all applicable fees;
  • the amount of Crypto-assets or euros you will receive; and
  • the total amount you need to pay (for buy orders).

(c) Proposal validity: Once you accept a transaction proposal, the price and fees are fixed for 5 minutes.

(d) Payment/delivery:

  • For buy orders: You must complete the euro payment within the 5-minute window.
  • For sell orders: You must transfer the Crypto-assets within the 5-minute window.

You can decide to cancel the transaction by not completing the payment or Crypto-asset transfer without any obligation.

(e) Execution: Upon receipt of your payment or Crypto-assets, we execute the transaction at the agreed price and send you an email confirmation with full transaction details.

(f) Settlement:

  • For buy orders: Crypto-assets are credited to your Account immediately upon payment confirmation.
  • For sell orders: Euros are transferred to your registered bank account, typically within 1 Business Day.

After you received the Crypto-assets (buy transaction) or Euro transfer (sell transaction), the transaction is deemed final.

5.6 Price updates and slippage

If you do not complete the payment or Crypto-asset transfer within the 5-minute validity period:

(a) The original proposal expires. If the original transaction is still completed by you after the 5-minute validity period we are entitled to update the offer using the current market price.

(b) We may offer you a new proposal at current market prices.

(c) You are free to accept or decline the new proposal.

(d) This protects both you and us from adverse price movements during the transaction process.

5.7 Non-discriminatory service

We provide Exchange Services on a non-discriminatory basis to all clients who:

(a) have successfully completed our onboarding process;

(b) comply with our anti-money laundering and sanctions requirements; and

(c) are located in jurisdictions where we are authorised to provide our Services.

We do not discriminate based on transaction volume or frequency.

5.8 Transaction limits

(a) We may impose minimum and maximum transaction limits for operational or regulatory reasons.

(b) Enhanced due diligence may be required for large transactions in accordance with our anti-money laundering procedures.

(c) Current limits are displayed on our Platform and may be adjusted based on your verification level and transaction history.

5.9 Market information

(a) We provide real-time price information on our Platform.

(b) Historical transaction data is available for the previous 24 hours.

(c) This information is provided for your convenience but should not be relied upon as investment advice.

5.10 Refusal of transactions

We may refuse or cancel an exchange transaction if:

(a) You have insufficient funds or Crypto-assets for the transaction.

(b) We suspect the transaction relates to money laundering, fraud or other illegal activity.

(c) The transaction would breach any applicable laws or regulations.

(d) Technical issues prevent safe execution.

(e) Exceptional market conditions make it impossible to provide fair pricing.

(f) You fail to complete payment or delivery of Crypto-assets within the specified timeframe.

5.11 No market manipulation

We maintain strict controls to ensure fair pricing and prevent market manipulation. Our pricing is derived from real market data and we do not engage in any practices designed to manipulate prices to your disadvantage.

6. FEES, COSTS AND CHARGES

6.1 Fee transparency

We are committed to transparent and fair pricing. All fees and charges are:

(a) Clearly disclosed before you commit to any transaction.

(b) Calculated in a non-discriminatory manner.

(c) Published on our website and accessible through our Platform.

(d) Subject to change with reasonable notice to you.

6.2 Types of fees

We may charge the following types of fees:

(a) Exchange Service fees:

  • service fee: a percentage of the transaction value when you buy or sell Crypto-assets;
  • network fees: blockchain transaction fees (we cover these for buy transactions); and
  • banking fees: payment processing costs.

(b) Transfer service fees:

  • fees for transferring Crypto-assets to external addresses; and
  • network fees for blockchain transactions

(c) Account fees:

  • We currently do not charge fees for account opening or maintenance.
  • Inactivity fees may apply after extended periods of no activity

(d) Other fees:

  • Additional reporting or documentation upon request.
  • Express service fees where applicable.

6.3 Fee calculation and payment

(a) Fees are calculated at the time of the transaction based on current rates.

(b) For Exchange Services, fees are included in the total transaction amount.

(c) For Transfer Services, fees are deducted from your Account balance.

(d) All fees are payable in euros or may be deducted in Crypto-assets at the prevailing exchange rate.

6.4 Changes to fees

(a) We may change our fees from time to time for commercial or operational reasons.

(b) We will notify you of any fee changes at least 30 days before they take effect.

(c) Continuing to use our Services after fee changes take effect constitutes acceptance of the new fees.

(d) You may close your Account without penalty before new fees take effect.

6.5 Third-party fees

You may incur fees from third parties that are outside our control, including:

(a) bank charges for transfers to or from your bank account;

(b) network fees for receiving Crypto-assets from external sources;

(c) fees charged by other crypto-asset service providers; and

(d) currency conversion fees, if applicable.

7. SECURITY SYSTEMS AND AUTHENTICATION

7.1 Security measures

We implement comprehensive security measures to protect your Account and Crypto-assets:

(a) Technical security:

  • encryption of all data in transit and at rest;
  • secure infrastructure with multiple layers of protection;
  • regular security audits and penetration testing; and
  • 24/7 monitoring for suspicious activities.

(b) Operational security:

  • segregation of duties for critical operations;
  • multi-party approval processes for significant transactions;
  • regular staff training on security procedures; and
  • strict access controls and audit trails.

(c) Crypto-asset security:

  • segregated custody through the Foundation;
  • use of both hot and cold wallet infrastructure;
  • multi-signature controls where appropriate; and
  • secure key management procedures.

7.2 Client authentication

To access your Account and authorise transactions, we require:

(a) Account access:

  • unique username and strong password requirements;
  • two-factor authentication (strongly recommended) with email;
  • session management and automatic timeout features; and
  • device recognition and alerts anonymising VPN.

(b) Transaction authentication:

  • additional authentication for high-value transactions;
  • confirmation requirements for external transfers;
  • whitelisting process for external addresses with email confirmation; and
  • time-limited transaction approvals.

7.3 Your security obligations

You must take reasonable steps to protect your Account:

(a) Password security:

  • use a strong, unique password for your email address used to create your Account;
  • never share your password with anyone;
  • change your password immediately if you suspect it has been compromised; and
  • do not write down or store your password insecurely.

(b) Device security:

  • only access your Account from secure devices;
  • keep your devices updated with security patches;
  • use anti-virus software and firewalls; and
  • log out when finished, especially on shared devices.

(c) Vigilance:

  • regularly review your Account activity;
  • be alert to phishing attempts and fraudulent communications;
  • verify you are on our official website before entering credentials; and
  • report suspicious activity immediately.

7.4 Incident reporting

If you suspect any security breach or unauthorised access:

(a) contact us immediately through our support channels;

(b) change your password immediately;

(c) provide us with all relevant information about the incident;

(d) cooperate with our investigation; and

(e) follow any security instructions we provide.

7.5 Account restrictions for security

We may restrict or suspend your Account if:

(a) we detect suspicious or potentially fraudulent activity;

(b) we believe your Account security has been compromised;

(c) multiple failed login attempts occur;

(d) you report unauthorised access; and

(e) required by law enforcement or regulatory authorities.

We will lift restrictions as soon as the security issue is resolved.

7.6 Communication security

(a) We will only communicate with you through official channels.

(b) We will never ask for your password or sensitive information via email.

(c) All official communications will come from our verified domains.

(d) You should verify any unexpected communications before responding.

(e) Report any suspicious communications claiming to be from us.

7.7 Business continuity

We maintain comprehensive business continuity and disaster recovery plans to ensure:

(a) continuous availability of our services;

(b) protection of your Crypto-assets during operational disruptions;

(c) quick recovery from any incidents;

(d) regular testing of our recovery procedures; and

(e) multiple backups of critical data and systems.

8. LIABILITY AND INDEMNIFICATION

8.1 Our liability for Custody Services

(a) We are liable to you for the loss of Crypto-assets or the means of access to Crypto-assets that occurs while in our custody as a result of a technical, security or operational incident attributable to us or the Foundation.

(b) Our liability is limited to the market value of the Crypto-assets lost at the time the loss occurred.

(c) We are not liable for any consequential, indirect or special damages, including lost profits, lost opportunities or reputational damage.

(d) We are not liable for events beyond our reasonable control, including:

  • problems inherent in the blockchain networks we do not control;
  • force majeure events;
  • actions of third parties outside our control; and
  • losses occurring before you notify us of a security breach.

8.2 Our liability for Transfer Services

We are liable for correctly executing transfers according to your instructions. However, we are not liable for:

(a) transfers executed based on incorrect information you provided;

(b) transfers to addresses you have authorised, even if you later dispute the recipient;

(c) delays or failures caused by blockchain network issues;

(d) unauthorised transfers occurring before you notify us of a security breach; and

(e) losses due to your failure to maintain Account security.

8.3 Our liability for Exchange Services

(a) We ensure fair pricing based on market data and our published methodology.

(b) We are liable for errors in price calculation or order execution caused by our systems.

(c) We are not liable for:

  • normal market price movements between order placement and execution;
  • losses due to your buy, sell, investment or trading decisions;
  • price differences after the 5-minute proposal validity period; and
  • market conditions beyond our control.

8.4 Limitation of liability

To the extent permitted by applicable law or regulation:

(a) Our total liability to you in any 12-month period is limited to the fees you paid us in that period.

(b) We exclude all warranties, conditions and representations except those expressly set out in these Terms.

(c) We are not liable for any loss or damage that was not reasonably foreseeable.

(d) These limitations apply regardless of whether you claim damages based on breach of contract, negligence, breach of statutory or other duty or any other legal grounds.

8.5 Your indemnification

You agree to indemnify and hold harmless DCS, the Foundation and their respective directors, officers, employees and agents from any claims, losses, damages, liabilities and expenses (including legal fees) arising from:

(a) Your breach of these Terms.

(b) Your violation of any applicable laws or regulations.

(c) Your negligence or wilful misconduct.

(d) Your unauthorised use of our Services.

(e) Any third-party claims relating to your use of our Services.

8.6 Force majeure

Neither party is liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to:

(a) natural disasters, war, terrorism or civil unrest;

(b) government actions or regulatory changes;

(c) labour disputes or shortages;

(d) failures of internet service providers or telecommunications networks; and

(e) cyberattacks or system failures beyond our security measures.

9. COMPLAINTS AND DISPUTES

9.1 Our complaints procedure

If you have any complaint about our Services:

(a) How to submit a complaint:

  • Email: complaint@happycoins.com (include "complaint" in the subject line).
  • Post: Digital Currency Services B.V., Europalaan 100, 3526 KS Utrecht, the Netherlands.
  • You may use our complaint form template, available on our website.
  • Complaints are handled free of charge.

(b) Information to provide:

  • your full name;
  • your customer reference number;
  • your email address;
  • description of the complaint; and
  • supporting documents (if applicable).

(c) Language: You may submit complaints in English, Dutch or in your local language, if it is an official EU language.

(d) Our response process:

  • We will acknowledge receipt within 2 Business Days.
  • We will investigate promptly and fairly.
  • We will provide our decision within 15 Business Days (may be extended to 35 Business Days in exceptional circumstances, with notice to you).
  • You may respond to our decision within 10 Business Days.
  • If needed, we will provide a final response within 10 Business Days of receiving your response.

(e) What to expect: Our response will address all points raised, explain our reasoning and inform you of available remedies, including the option to pursue legal proceedings.

9.2 Governing law and jurisdiction

(a) These Terms are exclusively governed by Dutch law.

(b) Any disputes, including those of a non-contractual nature, arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of district court Midden-Nederland, location Utrecht, the Netherlands.

10. GENERAL TERMS

10.1 Amendments to these Terms

(a) We may amend these Terms from time to time to:

  • comply with legal or regulatory requirements;
  • reflect changes in our Services;
  • clarify existing provisions; and/or
  • update security requirements.

(b) We will notify you of material changes at least 30 days before they take effect, unless otherwise required by law or regulation.

(c) Notice will be provided by email and on our web page.

(d) Your continued use of our Services after changes take effect constitutes acceptance.

(e) If you do not accept the changes, you may terminate your Account.

10.2 Termination

By you:

(a) You may close your Account at any time by contacting customer support.

(b) You must first:

  • withdraw or transfer all your Crypto-assets from your Account;
  • ensure that there are no pending transactions; and
  • pay any outstanding fees.

(c) Closure is effective once all assets are withdrawn and obligations settled.

By us:

(a) We may terminate with 60 days' notice for commercial reasons.

(b) We may terminate with immediate effect if:

  • you breach these Terms in a material way;
  • we suspect fraud or illegal activity;
  • we are required to do so by law or regulation;
  • you provide false information; and/or
  • your Account has remained inactive for an extended period.

(c) Upon termination, you must withdraw your Crypto-assets within the notice period.

10.3 Effects of termination

Upon termination:

(a) your access to our Services will cease;

(b) you remain liable for all transactions and fees before termination;

(c) we will execute any pending transactions where possible;

(d) you must withdraw all Crypto-assets within 30 days;

(e) after 30 days, we may charge reasonable storage fees for unclaimed assets.

10.4 Communications

(a) We will communicate with you in English.

(b) We will use the email address registered to your Account.

(c) You must keep your contact information current.

(d) Notices are deemed to have been received by you:

  • if sent to you by email: 24 hours after sending
  • if sent to you by postal mail: 5 Business Days after sending

(e) You agree to receive communications electronically.

10.5 Entire agreement

(a) These Terms constitute the entire agreement between us regarding our Services.

(b) They supersede all prior agreements and understandings.

(c) Any additional terms for specific Services supplement these Terms.

(d) In case of conflict, Service-specific terms prevail.

(e) No oral modifications are valid.

10.6 Severability

If any provision of these Terms is found to be invalid or unenforceable:

(a) That provision will be limited or eliminated to the minimum extent necessary.

(b) The remaining provisions remain in full force and effect.

(c) The parties will negotiate in good faith to replace the invalid provision.

(d) The overall intent of these Terms will be preserved.

10.7 Waiver

(a) No waiver is effective unless in writing.

(b) Our failure to enforce any right is not a waiver.

(c) A waiver of one breach is not a waiver of other breaches.

(d) Our rights under these Terms are cumulative.

10.8 Assignment

(a) You may not assign or transfer these Terms or your rights without our consent.

(b) We may assign our rights and obligations to:

  • an affiliate;
  • a successor through a merger or acquisition; and/or
  • a purchaser of our business.

(c) We will notify you of any assignment that affects your rights.

10.9 Third-party rights

(a) These Terms are for the benefit of you and us only.

(b) No third party has rights under these Terms.

(c) The Foundation may enforce provisions relating to custody of Crypto-assets.

(d) We may amend these Terms without third-party consent.

10.10 Language

(a) These Terms are provided in English.

(b) Translations may be provided for convenience only.

(c) In case of discrepancy, the English version of these Terms prevails.

(d) All communications will be in English unless otherwise agreed.

10.11 Contact information

Digital Currency Services B.V.
Europalaan 100
3526 KS Utrecht
The Netherlands

Email: support@happycoins.com
Website: www.happycoins.com
Phone: +31302270395

Chamber of Commerce: 58556974

Customer Support Hours:
09:00 – 17:00 CET on working days

Regulatory Information:
Digital Currency Services B.V. is authorised by the AFM as a crypto-asset service provider under MiCAR

Registration number: 41000071