BitGratis Terms & Conditions
This User Agreement (“Agreement”) is between you (also referred to herein as “user”, “you” and “your”) and BitGratis Inc. (“BitGratis”, “we”, “us” and “our”). This Agreement governs your use of the services provided by BitGratis described below (“BitGratis Services” or the “Services”). By signing up to use an account through BitGratis (the “Site”) you agree that you have read, understand, and accept all of the terms and conditions contained in this Agreement.
We may make changes to the Agreement from time to time. If we do this, we will post the changed Agreements on the Site and will indicate at the top of this page the date the was last revised. You understand and agree that your continued use of the Service or the Site after we have made any such changes constitutes your acceptance of the new Agreement.
1. ACCOUNT SET UP
1.1 Eligibility : To be eligible to use the Site you must be at least eighteen (18) years of age or older.
1.2 Terms : If you violate any of this Agreement, or otherwise violate an agreement between you and us, BitGratis may terminate your membership, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site), at any time in its sole discretion, with or without notice.
1.3 Registration of BitGratis Account : By using a BitGratis Account, you agree and represent that you will use BitGratis only for yourself, and not on behalf of any third party, unless you have obtained prior approval from BitGratis. You are fully responsible for all activity that occurs under your BitGratis Account. We may, in our sole discretion, refuse to open a BitGratis Account, or limit the number of BitGratis Accounts that you may hold or suspend or terminate.
1.4 Registration Data; Account Security. : In consideration of your use of the Site, you agree to (i) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site or otherwise requested by BitGratis ("Registration Data"); (ii) maintain the security of your password and identification; (iii) maintain and promptly update the Registration Data, and any other information you provide to BitGratis, to keep it accurate, current and complete; (iv) promptly notify BitGratis regarding any material changes to information or circumstances that could affect your eligibility to continue to use the Site or Service or the terms on which you use the Site or Service; and (v) be fully responsible for all use of your account and for any actions that take place using your account.
2. USING THE SERVICES
2.1 BitGratis Investment : BitGratis investment allows users to earn interest by uploading BTC, BCH, ETH, LTD, Dash or Doge as collateral for the purpose of receiving interest. BitGratis may amend the list of accepted Digital Currency from time to time by revising this Agreement updating the Site. Should BitGratis remove any Digital Currency from the list of permitted collateral, deposits already made with such Digital Currency shall remain in force, unless BitGratis informs the user otherwise.
2.2 Not an Offering of Securities or Commodities : The content of the Site and the Services do not constitute an offer to buy or sell or a solicitation of an offer to buy or sell investments, securities, partnership interests, commodities or any other financial instruments; the content or the Site and the Services also do not constitute, and may not be used for or in connection with, an offer or solicitation by anyone in any state or jurisdiction in which such an offer or solicitation is not authorized or permitted, or to any person to whom it is unlawful to make such offer or solicitation.
2.3 No Advice : BitGratis makes no representation or warranty, express or implied, to the extent not prohibited by applicable law, regarding the advisability of investing in securities, funds, commodity interests, partnership interests or other investments or funding. The past performance of any investment, loan, security, partnership interest, commodity or financial instrument is not a guide to future performance. BitGratis does not offer fiduciary services and is not your agent, advisor or fiduciary.
2.4 Taxes : It is your sole responsibility to determine whether, and to what extent, any taxes apply to any interest received through the Services, and to withhold, collect, report and remit the correct amount of tax to the appropriate tax authorities.
3. RISK FACTORS
3.1 Investment Risk : The interest rates offered by the platform are fixed; however, it can be changed at the request of management. BitGratis reserves all rights to determine the interest rates offered by the platform. As a result, the user may earn lower interest than the interest rate reflected on the Site when first using the platform. In the event of changes in the interest rate, BitGratis will announce this on the website. In this case, the amount of interest does not change for existing investments; the new rate is reflected in the new investments.
3.2 No Insurance : Digital currency is not legal tender, is not backed by the government, and digital currency accounts and value balances on BitGratis are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections. BitGratis is not a bank and does not offer fiduciary services.
3.3 New Technical Risk : BitGratis software has been extensively tested, but the software used for the Services are still relatively new and could have bugs or security vulnerabilities. Further, the software is still under development and may undergo significant changes over time that may not meet users’ expectations.
3.4 Reliance in Third Party Risk : The Services rely in whole or partly, on third party software and the continued develop and support of third parties. There is no assurance or guarantee that those third parties will maintain their support of their software, which might have a material adverse effect on the Services.
3.5 Information Security Risk : Digital assets and use of the Services may be subject to expropriation and/or theft. Hackers or other malicious groups or organizations may attempt to interfere with the Services in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing and spoofing. Furthermore, because the Ethereum platform rest on open source software, there is the software underlying the Services may contain intentional or unintentional bugs or weaknesses which may negatively affect the Services or result in the loss of user’s Digital Currency, the loss of user’s ability to access or control their BitGratis Account. In the event of such a software bug or weakness, there may be no remedy and users are not guaranteed any remedy, refund or compensation.
4. SITE AVAILABILITY AND ACCURACY
4.1 Access and Availability : Access to the Services may become degraded or unavailable during times of significant volatility or volume. This could result in the inability to buy or sell for periods of time and may also lead to support response time delays. Although we strive to provide you with excellent service, we do not guarantee that the Site or Services will be available without interruption and we do not guarantee that investment requests digital assets in connection with the Services will be successful.
4.2 Site Accuracy : Although we intend to provide accurate and timely information on the Site, the Site (including, without limitation, the content may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may, to the extent permitted by applicable law, be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Site are your sole responsibility and we shall have no liability for such decisions. Links to third party materials (including without limitation any websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any such third party materials accessible or linked to from the Site.
5. CONSENT TO ELECTRONIC DISCLOSURES AND SIGNATURES
5.1 General : Because BitGratis operates only on the Internet, it is necessary for you to consent to transact business with us online and electronically. As part of doing business with us, therefore, we also need you to consent to our providing you certain disclosures electronically, either via our Site or to the email address you provide to us. By agreeing to the , you agree to receive electronically all documents, communications, notices, contracts, and agreements arising from or relating to your use of the Site and Service.
5.2 Communications : By accepting this Agreement, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Notwithstanding the aforementioned, any s will be provided to you electronically through the Site or via email to the email address you provided us. If you require paper copies of any agreements or disclosures, you may sign in to your account on our Site and print the documents desired.
5.3 Scope of Consent : Your consent to receive disclosures and transact business electronically, and our agreement to do so, applies to any transactions to which such disclosures relate, whether between you and BitGratis or a third party by and through the Service. Your consent will remain in effect for so long as you are a user and, if you are no longer a user, will continue until such a time as all disclosures relevant to Services received through the Site.
5.4 Withdrawing Consent : The BitGratis platform consists of a simple bit interface where you can track your investments, make new investments and withdraw your money from existing investments. You can order withdrawals exactly 24 hours after your deposit. In this case, your commission will be charged the amount shown on the platform. If you are having problems with this process, you are expected to contact our team and speed up the process.
5.5 Change in Your Contact Information : You must keep BitGratis informed of any change in their email so that you can continue to receive all agreements and disclosures in a timely fashion. If your registered email address changes, you must notify us of the change by sending an email to BitGratis team. You also agree to update your registered wallet if it changes. If you are a business or entity user or are acting on behalf of a business or entity, you will keep us informed of any change to your email address, telephone number and primary business address.
6. DATA PROTECTION AND SECURITY
7.1 Password Security : In order to access the Services you will be required to provide your name and email address and to create a password. You are responsible for keeping the electronic device through which you access Services safe and maintaining adequate security and control of any and all security details that you use to access the Services. This includes taking all reasonable steps to avoid the loss, theft or misuse of such electronic device and ensuring that such electronic device is both encrypted and password protected. BitGratis assumes no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of BitGratis and/or failure to follow the requirements set out in this Section 7.1, or follow or act on any notices or alerts that we may send to you.
7.2 Loss or Compromise : Any loss or compromise of your electronic device or your security details may result in unauthorized access to your Account by third-parties and the loss or theft of Digital Currency held in your Account and any associated accounts, including your linked bank account(s) and credit card(s). You must keep your security details safe at all times. For example, you should not write them down or otherwise make them visible to others.
7.3 Shared Access : You should never allow remote access or share your computer screen with someone else when you are logged on to your Account. BitGratis will never under any circumstances ask you for your passwords or to screen share or otherwise seek to access your computer or account. You should not provide your details to any third party for the purposes of remotely accessing your amount unless. Always log into your Account through the Site to review any required actions if you have any uncertainty regarding the authenticity of any communication or notice.
7.5 Security Breach : f you suspect that your BitGratis Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and / or BitGratis (together a “Security Breach”), you must notify BitGratis as soon as possible by email free of charge at info@BitGratis.com and continue to provide accurate and up to date information throughout the duration of the Security Breach. You must take any steps that we reasonably require to reduce, manage or report any Security Breach. Failure to provide prompt notification of any Security Breach may be taken into account in our determination of the appropriate resolution of the matter.
7.6 Safety and Security of Your Computer and Devices : BitGratis is not liable for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us.
7. USER FEEDBACK, QUERIES, COMPLAINTS, DISPUTES
8.1 Contact BitGratis : If you have feedback, or general questions, please contact us via our User Support at info@BitGratis.com. When you contact us please provide us with your name, email address, and any other information we may need to identify you, your BitGratis Account(s), and the transaction on which you have feedback or questions. BitGratis requires that all legal documents (including civil subpoenas, complaints, and small claims) be served to our Notice address as set forth in Section 8.7 (Notice).
8.2 Complaints Process : If you have a dispute with BitGratis (a “Complaint”), you agree to contact BitGratis through our support team to attempt to resolve any such dispute amicably. If we cannot resolve the dispute through the BitGratis support team, you and BitGratis agree to use the Formal Complaint Process set forth below. You agree to use this process before filing any arbitration claim or small claims action. If you do not follow the procedures set out in this Section before filing an arbitration claim or suit in small claims court, we shall have the right to ask the arbitrator or small claims court to dismiss your filing unless and until you complete the following steps.
8.3 Arbitration Agreement : If we cannot resolve the dispute through the Formal Complaint Process, you and we agree that any dispute arising out of or relating to this Agreement or the Services, including, without limitation, federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation, or any other legal theory, shall be resolved through binding arbitration, on an individual basis (the “Arbitration Agreement”). Subject to applicable jurisdictional requirements, you may elect to pursue your claim in your local small claims court rather than through arbitration so long as your matter remains in small claims court and proceeds only on an individual (non-class and non-representative) basis. Arbitration shall be conducted in accordance with the American Arbitration Association's rules for arbitration of consumer-related disputes (accessible at https://consumerarbitration.co.uk/wp-content/uploads/2018/07/Consumer-arbitration-scheme-rules.pdf). This Arbitration Agreement includes, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement. All such matters shall be decided by an arbitrator and not by a court or judge.
8.4 Arbitration Procedures : The arbitration will be conducted by a single, neutral arbitrator and shall take place in the county or parish in which you reside, or another mutually agreeable location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award and the arbitral decision may be enforced in any court. An arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. To the extent permitted by law, the prevailing party in any action or proceeding to enforce this Agreement, any arbitration pursuant to this Agreement, or any small claims action shall be entitled to costs and attorneys’ fees.
8.5 Waiver of Class Action and Jury Trial. YOU AND WE AGREE THAT, BY ENTERING INTO THIS AGREEMENT, THE YOU AND BitGratis ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND WE ACKNOWLEDGE THAT ARBITRATION WILL LIMIT YOUR LEGAL RIGHTS, INCLUDING THE RIGHT TO PARTICIPATE IN A CLASS ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO CONDUCT FULL DISCOVERY, AND THE RIGHT TO APPEAL (EXCEPT AS PERMITTED IN PARAGRAPH 8.3 OR UNDER THE FEDERAL ARBITRATION ACT).
8.6 Disclaimers : None of BitGratis's, its parent, any of its affiliates, subsidiaries, providers or their respective officers, directors, employees, agents, independent contractors or licensors (collectively the "BitGratis Parties") guarantees the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the Content and the BitGratis Parties disclaim liability for errors or omissions in the Content. This Site and all of the Content is provided "as is" and "as available," without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title. Additionally, there are no warranties as to the results of your use of the Content. The BitGratis Parties do not warrant that the Site is free of viruses or other harmful components. This does not affect those warranties which are incapable of exclusion, restriction or modification under the laws applicable to this Agreement. BitGratis cannot guarantee and does not promise any specific results from use of the Site and/or the Service to provide or to obtain a interest return.
8.7 Availability : The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. BitGratis assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. BitGratis is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the Site or combination thereof, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will BitGratis be responsible for any loss or damage, including any loss or damage to any user Content, financial damages or lost profits, loss of business, or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Content posted on or through the Site or the Service or transmitted to users, or any interactions between users of the Site, whether online or offline.
8.8 Limitation on Liability : EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL BitGratis OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE, EVEN IF BitGratis IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE EXTENT PERMITTED BY APPLICABLE LAW BitGratis'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BitGratis FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. IN NO CASE WILL BitGratis’S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO BitGratis FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM BitGratis, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN FEDERAL AND STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
8.9 Governing Law; Venue and Jurisdiction : By visiting or using the Site and/or the Service, you agree that the laws of England, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction, will govern this Agreement. If you obtain an interest return, the terms of the investment will be governed by federal laws and the laws of England to the extent not preempted, without regard to any principle of conflicts of laws that would require or permit the application of the laws of any other jurisdiction.
8.10 Indemnity : You agree to indemnify and hold BitGratis, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of any dispute with another user of the Site or any third-party. You also agree to indemnify and hold BitGratis, its subsidiaries and affiliates and service providers, and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement or your violation of any law, rule or regulation, or the rights of any third party.