Aircash Terms & Conditions - Trading - Aircash wallet Skip to main content

Install Aircash

 
Aircash
Aircash

Terms & Conditions – Trading

Trading Access Terms

1. Scope and Parties

1.1Aircash d.o.o., with its registered office at Ulica grada Vukovara 271, HR-10000 Zagreb, Croatia, PIN (OIB): 99833713101 (“Aircash”), is an electronic money institution authorised by the Croatian National Bank pursuant to its decision dated 3 October 2019 (decision number: 251-020/10-19/BV) and registered under number IEN116.

Contact details:
Email: [email protected]
Phone: +385 1 457 3537

Aircash also acts as a tied agent of Bitpanda Financial Services GmbH (company registration number: FN 551181 k), which is authorised and supervised by the Austrian Financial Market Authority (FMA). Aircash is entered in the register of tied agents of the Croatian Financial Services Supervisory Agency (HANFA).

1.2Bitpanda GmbH is a limited liability company incorporated and validly existing under the laws of Austria, with its registered office at Stella-Klein-Löw-Weg 17, 1020 Vienna, Austria, and registered with the commercial register of the Commercial Court of Vienna (Handelsgericht Wien) under registration number FN 569240 v. Bitpanda GmbH is a MiCAR licensed crypto-asset service provider with the Austrian Financial Market Authority (FMA).

Bitpanda Financial Services GmbH, a limited liability company duly incorporated and validly existing under the Laws of Austria, with its corporate seat in Vienna and its business address at Stella-Klein-Löw-Weg 17, 1020 Vienna, Austria, registered with the commercial register of the Commercial Court Vienna (Handelsgericht Wien) under FN 551181k. Bitpanda Financial Services GmbH is an investment firm for the purposes of the WAG 2018 and is licensed to provide the investment services of accepting and transmitting orders relating to financial instruments. Bitpanda Financial Services GmbH distributes Bitpanda Financial Products pursuant to its license.

Bitpanda GmbH and Bitpanda Financial Services GmbH (together “Bitpanda”).
The FMA is the competent authority for authorisation, supervision, and enforcement of both investment and crypto-asset services provided by Bitpanda.

1.3 These Trading Access Terms govern the Access Services provided by Aircash in addition to Aircash’s Wallet General Terms and Conditions.

The Access Services enable Users, after successful registration and verification (“Users”), to access the online platform operated and provided by Bitpanda, via the user interface accessible through the Aircash Mobile Application (“Aircash Wallet” or “User Interface”), including Bitpanda’s broker, wallet, and custody services (collectively, the “Bitpanda Services”).

1.4 The Access Service pursuant to these Trading Access Terms is provided by Aircash. The Bitpanda Service is provided by Bitpanda. Aircash and Bitpanda are separate and independent companies. Each party is liable solely for the scope of services it provides to the User.

1.5 The User and Aircash are the only contracting parties under these Trading Access Terms. All provisions governing the relationship between the User and Aircash regarding the use of the Access Services are set out herein.

1.6 Any transactions relating to the purchase, sale, or custody of crypto-assets or financial instruments are governed solely by the Bitpanda Terms and Conditions (“Bitpanda TC”), applicable to the use of the Bitpanda Services.

1.7 The Access Services and the Bitpanda Services can only be used together. Accordingly, the User must accept both these Trading Access Terms and the applicable Bitpanda TC.

1.8 The User expressly acknowledges that without accepting the Bitpanda TC access to the Bitpanda Services can not be granted. The User acknowledges that without completion of the onboarding process with Bitpanda within the User Interface, use of the Bitpanda Service is not permitted. The User understands that access to the Access Service is granted throughout the entire duration of their relationship with Bitpanda, from onboarding until offboarding is completed.

1.9 The User acknowledges that the language of the Bitpanda TC is exclusively English. Any translations of the Bitpanda TC into other languages are provided for convenience only, and the English version shall prevail in case of any discrepancies.

2. Access Service

2.1 The Access Services enable the User to directly access the Bitpanda Services through the User Interface.

In accordance with applicable Aircash’s Wallet General Terms and Conditions, Aircash provides Users with a Aircash’s wallet on its platform in accordance with the applicable e-money and payments regulatory framework which Aircash adheres to, enabling Users to hold funds and perform payments connected with the use of the Bitpanda Products offered by Bitpanda to Users. When a User executes a buy or sell transaction via the User Interface, Aircash will credit or debit the funds stored on the User’s Aircash Account accordingly and shall be solely responsible to conduct such debits and/or credits, i.e. execution of deposit and withdrawal transactions to the Bitpanda as the payee.

Orders for the purchase and/or sale of assets (“Buy and Sell Orders”) are placed directly by the User with Bitpanda via the User interface, and are processed and executed by Bitpanda. Aircash is not involved in the execution of the User’s orders for the purchase and/or sale of assets.

In particular, Aircash does not receive or transmit any orders concerning crypto-assets to Bitpanda on behalf of the User as such orders are directly placed with Bitpanda.

Other than the services provided by Aircash in its role as tied agent of Bitpanda Financial Services GmbH, Aircash also does not provide any custody or asset management services, nor any brokerage, mediation, or (investment) advisory services in connection with the use of the Bitpanda Services or the purchase/sale of assets.

2.2 Through the Access Services, Bitpanda provides the User with relevant information, in particular regarding executed Buy and Sell Orders and the User’s portfolio of assets.

2.3 The Access Services are available to the User 24 hours a day, 7 days a week.

2.4 Temporary service interruptions, in particular due to maintenance work, updates, or upgrades, or extraordinary system load, do not constitute a breach of service obligations.

2.5 Planned regular maintenance work, updates, or upgrades of the User Interface that significantly impair the functionality of the Access Services beyond a temporary period will be communicated to the User in advance, within a reasonable period, without undue delay, and through appropriate channels (e.g., email).

The User is responsible for staying informed of such notices.

3. Initial Registration for Access Services

3.1 To use the Access Services provided by Aircash, the User must have an active Aircash Wallet account, must read and accept the valid General Terms and Conditions of the Aircash Wallet, and these Trading Access Terms.

3.2 Through the User Interface, the User may submit a registration request to use the Access Services and to open a Bitpanda Client Account (“User Account”).

3.3 As part of the registration process, the User must:

  • answer a series of legally required questions, for example regarding the origin of funds,

  • accept all applicable terms and conditions, including these Trading Access Terms and the Bitpanda Terms and Conditions (Bitpanda TC), and

  • provide any other information as requested.

3.4 During registration, the User must complete a verification process, ensuring that the User is properly identified and verified, and that the registration data is authenticated in accordance with applicable anti-money laundering (AML) and counter-terrorism financing (CTF) laws and regulations.

3.5 The User confirms that all documents and information provided as part of the registration process are current, accurate, truthful, and complete, and that no information has been withheld that could influence the verification process, in particular no information that could trigger additional due diligence requirements.

3.6 The User acknowledges that successful completion of the verification process is not guaranteed, even if all requested information has been submitted. Reasons for denial may include, but are not limited to, legal restrictions or risk-based business decisions.

4. User Restrictions

4.1 To use the Access Service, the User must be:

4.1.1 at least 18 years old,

4.1.2 a natural person that is a citizen of the EEA or have its residence in the EEA.

4.2 Aircash reserves the right to restrict or disable the use of Access Service to any individual as a User without providing reasons in accordance with the applicable regulatory framework.

4.3 Each individual is permitted to create and use only one User Account. The creation or use of multiple accounts by the same person is strictly prohibited and may constitute fraud. Such actions may lead to the immediate termination of all related accounts and could result in legal action or criminal charges.

4.4 Sharing a User Account with any third party, whether directly or indirectly, is strictly forbidden. User Accounts are personal and may only be accessed and used by the individual to whom they are registered. Unauthorized access or use may be treated as fraudulent behavior.

4.5 Transferring a User Account to another person—by sale, gift, loan, or any other means is expressly prohibited. Any attempt to do so may result in account termination, and may be considered fraudulent conduct, subject to investigation and potential legal consequences.

4.6 Users must act solely in their own name and for their own account. Acting as an intermediary, broker, or otherwise facilitating third-party access to the User Account is strictly prohibited. Any such activity may be regarded as fraud and could lead to suspension, termination, and/or other legal consequences.

5. Security Requirements

5.1 The Access Service is protected by appropriate security measures. The User is responsible for ensuring that their use of the Aircash Wallet is kept up to date, including the installation of security patches and updates, to maintain the security of their device and data.

6. Payment Processing

6.1 All payments in connection with the use of the Bitpanda Services, must be processed through the Aircash Wallet Account. Purchases of assets can only be made if the User has sufficient funds available in the Aircash Wallet.

6.2 By submitting a binding purchase order to Bitpanda for the Bitpanda Services, the User instructs Aircash to execute a payment to Bitpanda from the Aircash Wallet Account in the amount of the purchase price due at the time of the transaction.

7. Waiver of Confidentiality Obligations

7.1 The User expressly authorises Aircash to disclose information protected by financial confidentiality obligations to Bitpanda, to the extent necessary for the provision of the Access Service and in accordance with the applicable regulatory framework.

7.2 This includes, in particular, data relating to the User that must be reviewed for compliance with anti-money laundering (AML) obligations or that is otherwise required for the performance of the services.

8. Suspension of Access Services

8.1 Aircash reserves the right to suspend the Access Service, in whole or in part, where there is a valid reason as defined in section 8.3.

8.2 A full or partial suspension of the Access Service will result in a full or partial loss of access to the Bitpanda Services. This may include:

  • blocking individual or all transactions,

  • reversing transactions, or

  • restricting or suspending access to the Bitpanda Client Account.

The User expressly acknowledges that the ability to purchase and/or sell assets through the Bitpanda Services may be fully or partially disabled.

8.3 A valid reason for the full or partial suspension of the Access Service includes, in particular, the following circumstances:

8.3.1 where investigations by competent authorities (for example, public prosecutors in criminal proceedings or tax authorities in tax investigations) are initiated or threatened against the User, relating to violations of criminal, administrative, or tax law provisions in any country.

8.3.2 where Aircash suspends the Access Service in order to:
(i) comply with applicable laws (in particular AML and counter-terrorism financing laws) or regulatory
requirements,
(ii) comply with internal policies based on such laws or regulations,
(iii) comply with orders or requests from courts or other competent authorities, or
(iv) comply with applicable sanctions regimes.

8.3.3 if the User provides false, incomplete, outdated, or misleading information to conceal their true identity or the origin of their funds;

8.3.4 if the User uses a Bitpanda Client Account without legal entitlement;

8.3.5 if Aircash has reasonable grounds to suspect that the Bitpanda Client Account is being used by a person other than the registered User;

8.3.6 if the User manipulates the Access Service and/or the Bitpanda Services. Manipulation includes, in particular, the use of automated systems (e.g., bots) or other tools, technologies, or methods that deviate from the normal and typical trading behaviour of retail investors and indicate the use of trading automation software, technologies, or systems;

8.3.7 if the User breaches any of their obligations under these Trading Access Terms;

8.3.8 if the User uses the Access Service in a way that is clearly intended to harm the Access Service and/or the Bitpanda Services, or causes clear harm to Aircash and/or Bitpanda;

8.3.9 if personal insolvency or similar proceedings are initiated against the User. The Access Service may be suspended during insolvency proceedings until it is clarified who is legally entitled to access the Bitpanda Client Account under applicable law;

8.3.10 if the User loses legal capacity. The Access Service may be suspended in the event of the loss of legal capacity until it is clarified who is legally entitled to access the Bitpanda Client Account under applicable law;

8.3.11 if the User is deceased;

8.3.12 in other cases which present an unacceptable risk according to the internal Aircash policies and procedures.

8.4 Aircash will inform the User without undue delay by email, SMS, or message via the User Interface about any full or partial suspension of the Access Service or the Bitpanda Services, unless such notification would be unlawful.

8.5 A full or partial suspension will be lifted as soon as the reason for the suspension no longer applies.

8.6 In cases of insolvency, loss, or restriction of the User’s legal capacity, or in the event of the User’s death, the suspension will be lifted only after the person claiming to be legally entitled to use the Access Service has provided Aircash with appropriate legal and/or notarised documentation proving their entitlement.

8.7 Aircash may be legally obliged to report information about the User to competent authorities or courts.

9. Term and Termination

9.1 The agreement for the use of the Access Service is concluded for an indefinite period.

9.2 The User may terminate the agreement at any time. However, such termination takes immediate effect only if the User has sold all assets held with Bitpanda prior to the termination.

If the User has not sold their assets, the effectiveness of the termination is suspended until the User has liquidated their assets.

9.3 Aircash may terminate the agreement for the use of the Access Service at any time by giving two (2) months’ notice.

9.3.1 The User expressly acknowledges that, upon expiry of the notice period, the business relationship will end, and the Access Service will no longer be available. The ability to buy and/or sell assets via the Access Service will be disabled.

9.3.2 The User is required to sell their assets within the notice period.

9.3.3 If the User does not sell their assets within the notice period, access to the Bitpanda Services may only be possible if Bitpanda, at its sole discretion and subject to further compliance checks, decides to continue granting the User access.

9.4 Aircash may terminate the agreement for the use of the Access Service without notice and with immediate effect for good cause (extraordinary termination).

9.4.1 Following an extraordinary termination, the Access Service will be permanently disabled.

As a result, Bitpanda shall block the Bitpanda Client Account with immediate effect, unless explicitly agreed otherwise between Bitpanda and the User.

9.4.2 In the event of an extraordinary termination, the User will be informed of the termination, unless prohibited by law, via email and/or notification within the Aircash Wallet or other electronic communication channels.

Aircash is not obliged to disclose any findings or information obtained through its security or risk management procedures.

10. Privacy and Data Protection

10.1 Processing and storage of personal data is performed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), as it may be amended from time to time, and other regulations.

In accordance with point 3 of these Trading Access Terms, Aircash shall forward to Bitpanda the user data collected for the purposes of conducting due diligence, including proper identification and verification of the User’s identity, as well as verification of the authenticity of registration data in accordance with applicable laws and regulations on the prevention of money laundering.

More information on the processing and storage of personal data can be found in the document “Information on personal data processing” on the Aircash’s website.

Information about the processing of personal data carried out by Bitpanda is available on Bitpanda’s official website.

11. Change in Personal Information

11.1 The User is required to ensure the accuracy and correctness of their personal data at all times through the Aircash mobile application, including changes of address, name, and/or surname, and no later than 5 (five) working days from the date of the change; the User must also submit the necessary documentation to Aircash to validate the changes that occurred.

11.2 Should the User fail to comply with the obligation from the previous paragraph, Aircash may deny the User the right to use the Access Services.

11.3 Aircash shall not be liable for any damage incurred by the User resulting from the untimely or irregular notification of changes in personal data.

12. Right of Withdrawal

12.1 Pursuant to Article 16(b) of Directive 2011/83/EU, the User acknowledges that there is no right of withdrawal for crypto assets and derivative instruments whose prices are subject to market fluctuations beyond the control of Bitpanda and which may occur within the withdrawal period.

13. Communication, Claims and Complaints

13.1 The User is required to regularly check messages sent by Aircash, whether via push notification, messages within the Aircash Wallet, email, or SMS.

13.2 The User may contact Aircash at any time using the agreed and/or communicated communication channels.

13.3 Any claims or complaints submitted by the User must include the full name, identity document, complete address, and a clear description of the claim. The resolution of claims and complaints will be carried out in accordance with applicable legal provisions.

14. Risks

14.1 Failure to comply with the security requirements described in section 5 of these Trading Access Terms, as well as the use of the Bitpanda Services, involves risks, each of which could, in the worst case, result in the total loss of the funds invested.

14.2 The User acknowledges the respective risk warnings in the Bitpanda TC, that applies. The User also acknowledges that any Buy and Sell Orders are executed by Bitpanda.

14.3 The User expressly acknowledges and accepts that neither Aircash nor Bitpanda shall be liable for any loss or damage resulting from the User’s failure to adhere to the prescribed security measures. The User assumes full responsibility for any consequences arising from such failure, including potential financial loss.

15. Limitation of Liability

15.1 Claims for damages and/or other claims arising from slightly negligent breaches of non-essential contractual obligations (relating to the Access Services provided under these Trading Access Terms) by Aircash are excluded.

15.2 Liability for damages caused by intentional misconduct, gross negligence, or injury to life, body, or health caused by culpable conduct remains unaffected by this limitation.

15.3 The User uses the Bitpanda Services via the Aircash Access Service at their own risk. The responsibility for the operation of the Bitpanda Services is exclusively and solely with Bitpanda. For the avoidance of doubt it is made clear that the Access Service does not enable a direct technical access to the wallet or any system implemented to safeguard the User’s Crypto Assets. Any liability of Aircash related thereto is excluded.

15.4 Aircash is not involved in the execution of the User’s Buy and Sell Orders and does not assume any liability in this regard. Also Aircash does not provide investment advice with regard to the use of the Bitpanda Services. Any information provided in offering the Access Service does not constitute personal recommendations to the User. Rather, it is legally non-binding information or risk advice. Any liability of Aircash related thereto is excluded.

15.5 The User acknowledges that according to applicable anti money laundering law, claims for damages are excluded insofar as they arise from the fact that Aircash suspends or blocks access to the Bitpanda Services and this leads to delayed or failed transactions due to the suspicion of money laundering or terrorist financing and such suspicion proved to be false.

16. Final Provisions

16.1 If Aircash fails to enforce or exercise any provision, right, or remedy under these Trading Access Terms at any time or for any period, this shall not be construed as a waiver of such provision, right, or remedy, nor shall it affect Aircash’s right to enforce or exercise them at a later date, unless such rights have expired, lapsed, or are otherwise excluded by law.

16.2 All contractual and non-contractual disputes, controversies, or claims between Aircash and the User shall be submitted to the competent court having jurisdiction over Aircash, unless otherwise required by mandatory consumer protection laws.

16.3 If any provision of these Trading Access Terms is held to be unenforceable, void, or invalid, the validity of the remaining provisions shall remain unaffected.

Entry into Force

These Trading Access Terms shall enter into force on xx April 2026.

Zagreb, xx April 2026

Aircash d.o.o.