Bacryp Crypto Credit Services Conditions
I. INTRODUCTION
These Bacryp Services General Terms and Conditions (“General Terms”) establish the contractual relationship between you (“Client” or “you”) and any holding company, subsidiary, or entity that is part of the Bacryp group of companies (“Bacryp” or “we”). For the purposes of these terms, you and Bacryp may be referred to individually as a “Party” and collectively as “Parties.” These General Terms constitute a legally binding agreement (“Agreement”) between the Parties regarding your use of the services provided by Bacryp.
We strongly advise that you take the time to carefully read these General Terms before using Bacryp’s services so that you are fully informed of your rights and obligations. Please note that by using Bacryp’s services, even if it is just completing the sign-up process, you are actively agreeing to these General Terms and entering into a contractual relationship with Bacryp.
II. DEFINITIONS
1. Applicable Law: Refers to any law, statute, regulation, ordinance, treaty, guideline, policy, or act issued by any governmental or regulatory authority. This includes, but is not limited to, the governing law mentioned in Section XXII of these General Terms, and/or any provision in the general terms and conditions of the relevant Bacryp Service.
2. Business Day(s): Any day when banking institutions in the relevant jurisdiction are open for normal business activities (generally excluding Saturdays, Sundays, and public holidays).
3. Credit Wallet: A digital wallet within the Client’s Bacryp Account, containing all the Client’s Digital Assets that are used or intended as collateral for Bacryp Crypto Credits, excluding those serving as collateral in the Futures Wallet.
4. Digital Assets: Any digital assets, such as cryptocurrencies, stablecoins, and tokenized assets, including Bacryp Tokens, that are accepted and supported by Bacryp. These are subject to periodic revision, prohibitions, or limitations.
5. Dual Investment Subscription: An order where you subscribe to the Bacryp Dual Investment Product by selecting the amount and type of Subscription Currency, as well as the Settlement Date for executing an Exchange Transaction at a specified Target Price, as detailed in Section XV.
6. Entry Price: The price at which a Futures Contract is opened.
7. EURx/GBPx/USDx: Refers to stablecoins for EUR, GBP, and USD, backed by Bacryp, with a guaranteed 1-to-1 conversion to EUR/GBP/USD at all times.
8. Exit Price: The price at which a Futures Contract is closed.
9. Funding Rate: Any positive or negative funding rate calculated by relevant Exchange(s), which Bacryp incurs and subsequently transfers to the Client based on their Futures Contract.
10. Fork: A software change to the underlying protocols of a Digital Asset’s network.
11. Futures Contract: A perpetual futures contract collateralized by a stablecoin, as determined by Bacryp, on which a Futures Transaction can be executed through the Bacryp Platform.
12. Futures Fees: Any fees payable to Bacryp for executing a Futures Transaction, as stated on the Bacryp Platform and subject to revision.
13. Futures Order: An instruction for opening or closing a Futures Contract, executable through the Bacryp Platform.
14. Futures Wallet: A digital wallet within the Client’s Bacryp Account, comprising all the Client’s Digital Assets used or intended to be used as collateral for Bacryp Crypto Credits related to executing Futures Orders.
15. Intellectual Property: All intellectual and industrial property rights owned by Bacryp, including but not limited to trademarks, service marks, logos, copyrights, trade names, research, and publications.
16. Interest: The rate of interest accrued, as stipulated in the general terms and conditions of the relevant Bacryp Service, and subject to change at any time.
17. Leverage: The amount of Digital Assets you can use to amplify your position in a Futures Contract, as specified on the Bacryp Platform.
18. Locked Balance: The portion of Collateral in your Futures Wallet that cannot be withdrawn or transferred until the Futures Contract is closed, executed, or cancelled, or the Bacryp Crypto Credit is repaid.
19. Margin Risk: The method by which Bacryp monitors the risk and health of your Bacryp Crypto Credit.
20. Bacryp Account: A personal or business account opened with Bacryp, through which you can access Bacryp Services.
21. Bacryp Booster: A leverage product combining features of Bacryp Crypto Credit and the Bacryp Exchange Service, allowing you to amplify your Portfolio Balance under specific conditions.
22. Bacryp Card: A virtual or physical card issued under the Bacryp brand, which can be used in certain jurisdictions for Bacryp Services.
23. Bacryp Crypto Credit: Any credit facility of Digital Assets provided by Bacryp, including the total amount of credit due by the Client, comprising the principal, interest, and any fees, until fully repaid.
24. Bacryp Dual Investment Product: A product that combines features of the Bacryp Earn Interest Product and the Bacryp Exchange Service, allowing execution of Exchange Transactions at the Target Price while earning interest.
25. Bacryp Earn Interest Product: A product that allows you to earn interest on your Digital Assets, as per the relevant general terms and conditions.
26. Bacryp Exchange Service: The execution of exchange transactions by Bacryp, with the proceeds deposited into the Client’s Savings or Credit Wallets.
27. Bacryp Futures Product: A leverage product allowing you to open or close Futures Contracts, under the terms and limits outlined on the Bacryp Platform.
28. Bacryp Loyalty Program: A program offering preferential terms to Clients based on their ratio of Bacryp Tokens to other Digital Assets.
29. Bacryp Pro Account: A Client account on the Bacryp Pro Platform, created upon request and used for Bacryp Pro Services.
30. Bacryp Pro Platform: Any Bacryp website, mobile application, or official communication channel separate from the Bacryp Platform, providing Bacryp Pro Services.
31. Bacryp Pro Services: All services provided through the Bacryp Pro Platform.
32. Bacryp Platform: Any Bacryp website, mobile application, or communication channel, providing services and content, including updates and upgrades.
33. Bacryp Referral Program: A program offering incentives for referring new clients to Bacryp, subject to specific terms and conditions.
34. Bacryp Token: A native utility token used to access features or receive preferential terms within Bacryp Services.
35. Bacryp Services: All services provided through the Bacryp Platform.
36. Perpetual: A Digital Asset selected by the Client for executing Futures Orders.
37. Personal Data: Information about you that is necessary for identity verification, use of Bacryp Services, and compliance with regulatory requirements.
38. PNL (Profit and Loss): An indicator of profit or loss generated from your Futures Contract at any given time.
39. Portfolio Balance: The total value of all Digital Assets in your Savings Wallet and Credit Wallet.
40. Savings Wallet: A digital wallet in your Bacryp Account that holds all Digital Assets not moved to the Credit Wallet or Futures Wallet for collateral purposes.
41. Settlement Currency: The type and amount of Digital Asset you will receive on the Settlement Date if all conditions are met.
42. Settlement Date: The date when the Bacryp Dual Investment Product matures, chosen by the Client.
43. Subscription Currency: The type and amount of Digital Asset used to subscribe to a Dual Investment Subscription.
44. Subscription Period: The period starting the day after subscribing to a Dual Investment Product and ending on the Settlement Date.
45. Settlement Price: The reference price of the Settlement Currency on the Settlement Date.
46. Target Price: The price of the Settlement Currency, chosen by the Client, at which they wish to execute an Exchange Transaction on the Settlement Date.
47. Transaction History: A record of your transactions and details of your Digital Assets within your Bacryp Account.
Unless otherwise stated, terms not defined here shall have the same meaning as outlined in the Bacryp Crypto Credit General Terms and Conditions, Bacryp Earn Interest Product General Terms and Conditions, Bacryp Exchange Service General Terms and Conditions, Bacryp Staking General Terms and Conditions, Bacryp Pro Trade General Terms and Conditions, and Bacryp Pro Crypto Credit General Terms and Conditions.
III. BACRYP SERVICES
The Bacryp Services consist of the following:
* Digital Asset Wallet: A wallet where you can store all Digital Assets approved and supported by Bacryp.
* Bacryp Exchange Service: A service for exchanging Digital Assets.
* Bacryp Transfer Service: The ability to transfer Digital Assets from one Bacryp Account to another, or to an external recipient.
* Bacryp Crypto Credit: A credit facility provided using Digital Assets.
* Bacryp Earn Interest Product: A service that allows you to earn interest on your Digital Assets.
* Bacryp Staking Product: A product for staking your Digital Assets to earn rewards.
* Bacryp Booster: A leverage product allowing you to amplify your portfolio balance.
* Bacryp Futures Product: A product for trading perpetual futures contracts with leverage.
* Bacryp Dual Investment Product: A service that combines investment opportunities with exchange options.
* Incentive Programs: Programs such as the Bacryp Loyalty Program or Bacryp Referral Program, which offer incentives and can be accessed via the Bacryp Platform or your Bacryp Account.
* Other Products and Services: Any additional products or services that may be launched via the Bacryp Platform or accessible through your Bacryp Account.
Some Bacryp Services, certain features, or specific Digital Assets may not be available to all clients or regions, depending on the applicable restrictions. Availability is indicated in your Bacryp Account and on the Bacryp Platform.
Your Bacryp Account grants you the ability to:
1. Request a Bacryp Service.
2. View your balance and Transaction History.
3. Top up, withdraw, and transfer Digital Assets, provided these options are available on the Bacryp Platform and subject to revision at Bacryp’s sole discretion.
4. Perform other related actions.
If you are a resident of the USA, you retain the title, legal, and beneficial ownership of the Digital Assets in your Bacryp Account while using any Bacryp Services.
IV. ONBOARDING
By opening your Bacryp Account and/or using Bacryp Services, unless otherwise specified in the relevant general terms and conditions, you acknowledge and confirm the following:
1. Residency and Sanctions:
* You are not a citizen or resident of any sanctioned country as per the most recent lists of the US Office of Foreign Assets Control (OFAC), the United Nations, the European Union, any EU Member State, the UK Treasury, etc.
* You are not identified as a “Specially Designated National” and are not listed on the US Commerce Department’s Denied Persons List.
* You are not a citizen or resident of the USA, UK, Australia, Germany, Canada, Bulgaria, or Estonia, and you do not have any relevant connection to any jurisdiction where Bacryp Services are prohibited or restricted.
2. Age and Ownership:
* You are at least 18 years old or of the legal age to enter into contractual relations with Bacryp (whichever is later).
* You are the exclusive beneficial and/or legal owner of any Digital Assets deposited or to be deposited into your Bacryp Account, or of the fiat currency used or to be used for the purchase of such Digital Assets.
* You are the sole beneficial owner of your Bacryp Account and do not act on behalf of any other person or legal entity.
3. Compliance:
* You comply with all relevant legal requirements, including tax, exchange control, and registration laws, applicable to your use of Bacryp Services.
* You have read, understood, and agree to the Privacy Policy and Cookies Policy of Bacryp.
4. Account Restrictions:
* You are not permitted to open more than one Bacryp Account.
* You cannot open a new Bacryp Account if Bacryp has previously suspended, limited, or terminated your account.
5. Verification Process:
* Upon requesting to open a Bacryp Account, you must provide Bacryp (or any third party acting on its behalf) with all requested information and/or documents to verify your identity, funding sources, and transactions.
* Bacryp, or any third party acting on its behalf, may verify your information using secure databases, to which you grant explicit consent by entering into this Agreement.
* You authorize Bacryp to conduct electronic identity verification checks directly or through third parties at the time of entering into this Agreement or at any time afterward.
6. Refusal of Service:
* Bacryp reserves the right to refuse the opening of your account or access to Bacryp Services.
7. Accuracy of Information:
* You guarantee that the information you provide to Bacryp is complete, accurate, and up-to-date at all times.
* If there are any changes in your information, you must notify Bacryp without delay and provide updated information.
* Bacryp may request further information or initiate a verification process if it needs to ensure the accuracy of your details. Failure to complete the required steps may result in Bacryp being unable to provide its services, and Bacryp is not responsible for any resulting losses.
8. Device Security:
* You are solely responsible for ensuring that you have the necessary hardware and software (including security and antivirus tools) to use Bacryp Services.
* You must maintain the security and control of your device, username, and password. Bacryp is not liable for any losses resulting from unauthorized access to your account.
* If your device is lost, stolen, or accessed in an unauthorized manner, you must notify Bacryp immediately and reset your password as soon as possible.
V. TOPPING-UP OF DIGITAL ASSETS
You can top up Digital Assets into your Bacryp Account at any time by transferring from:
1. Your personal wallet to your Digital Asset Wallet, or
2. Your Bacryp Pro Account, applicable only if you have opened a Bacryp Pro Account in accordance with the Bacryp Pro Trade General Terms and Conditions.
Specific requirements and limitations, such as minimum amounts of each Digital Asset or Margin Level thresholds, may apply as indicated on the Bacryp Platform or Bacryp Pro Platform. Once deposited, you can use the Digital Assets in your Bacryp Account to:
* Earn interest via the Bacryp Earn Interest Product.
* Secure Bacryp Crypto Credits.
* Access other Bacryp services according to the General Terms and conditions specific to each service.
Responsibility for Correct Transfers:
* You are responsible for ensuring that the address for your Digital Asset Wallet is correct when transferring from your personal wallet.
* The Digital Assets you top up must be approved and supported by Bacryp, without any prohibitions or limitations, as indicated in your Bacryp Account and on the Bacryp Platform.
If you transfer Digital Assets to an incorrect address, transfer unsupported assets, or transfer assets subject to prohibitions, your Digital Assets will be irreversibly lost. Bacryp is not liable for such losses.
Confirmation and Rejection:
* A transfer is considered confirmed once the balance of your Digital Asset Wallet is updated with the corresponding amount.
* Bacryp reserves the right to reject any transfer. In such cases, the same amount of the relevant Digital Asset will be returned to the wallet from which it was sent.
Purchasing Digital Assets:
If you do not have the necessary Digital Assets for your intended use or if certain assets are subject to prohibitions or limitations, as indicated in your Bacryp Account or on the Bacryp Platform, you can purchase Digital Assets by:
1. Transferring funds to a designated Bacryp bank account via bank transfer.
2. Using a credit or debit card to make a purchase and instruct Bacryp to complete the relevant transaction and/or initiate an Exchange Transaction under the Bacryp Exchange Service General Terms and Conditions, depending on the type of Digital Assets to be topped up.
You may also choose to set up recurring purchases of Digital Assets, specifying the amount and type of Digital Asset within the limits indicated in your Bacryp Account and on the Bacryp Platform. These recurring transactions will take place in periodic installments until you change or cancel them, or as otherwise indicated on the Bacryp Platform.
Risks and Responsibilities:
* The proceeds from recurring purchases depend on the market price of the chosen Digital Asset at the time of execution. Bacryp is not responsible for any losses resulting from unauthorized, incorrect, or failed transactions.
* Bacryp reserves the right to refuse, cancel, terminate, or reverse any recurring transaction at its sole discretion, even after funds have been debited from your Bacryp Account.
All fees and charges for transactions, including those for bank transfers, conversions, and/or card payments, are at your expense unless otherwise stated on the Bacryp Platform at a given time. Each bank transfer and card payment is governed by the terms and conditions of the relevant third-party service provider.
Finality of Transactions:
Once purchased or exchanged, the relevant Digital Assets are deposited into your Digital Asset Wallet and can be used as described above. In the case of card payments, the proceeds of the transaction are topped up into your Digital Asset Wallet. All transactions are irreversible and final once you have provided the necessary instructions or payments to Bacryp, and you cannot change, withdraw, or cancel the authorization once a transaction is pending or partially completed.
Bacryp is not liable for any partially completed transactions or delays in processing your instructions.
Exchange Rates:
Bacryp does not guarantee the availability of any specific exchange rate, except in the case of EURx/GBPx/USDx, which is always pegged 1-to-1 to EUR/GBP/USD. However, Bacryp strives to secure the best available exchange rates to protect your interests.
VI. WITHDRAWAL
Subject to the specific terms of the Bacryp Crypto Credit General Terms and Conditions or the Bacryp Earn Interest Product General Terms and Conditions, you may request the following types of withdrawals:
1. Withdrawal of Digital Assets:
* You may withdraw all or part of the Digital Assets (except those used as collateral for Bacryp Crypto Credits) to your personal wallet or Bacryp Pro Account, if applicable and if you have opened a Bacryp Pro Account according to the Bacryp Pro Trade General Terms and Conditions.
* Withdrawals may include any accrued interest from the Bacryp Earn Interest Product, but only as specified in the terms of the product. Certain Digital Assets may be subject to prohibitions or limitations as indicated in your Bacryp Account and on the Bacryp Platform.
2. Withdrawal of Fiat Equivalence:
* You may request the withdrawal of the fiat equivalent of certain Digital Assets, along with any interest accrued on them (if applicable, under the Bacryp Earn Interest Product).
* Bacryp will sell the relevant Digital Assets and transfer the fiat proceeds to a designated bank account or to a debit/credit card of your choice.
* The fiat equivalent of Digital Assets may also be withdrawn using the Bacryp Card, facilitated through one or more Exchange Transactions, and subject to the requirements and restrictions set by the Bacryp Card General Terms and Conditions.
3. Fees and Charges:
* All fees and charges related to bank transfers for withdrawals, as stated in Article VI.1, will be at your expense.
4. Irreversible Transactions:
* Sale transactions are final and irreversible once you have provided instructions to Bacryp. You cannot change, withdraw, or cancel authorization for any pending or partially completed transactions. Bacryp is not liable for incomplete transactions or delays in processing your instructions.
5. Exchange Rates:
* Bacryp does not guarantee the availability of specific exchange rates, except for EURx/GBPx/USDx, which is pegged 1-to-1 to EUR/GBP/USD. Bacryp makes significant efforts to secure the best exchange rates to protect your interests.
6. Processing Times:
* Withdrawals that fall within the specified limits on the Bacryp Platform will be processed no later than 24 hours after receiving your request.
* For withdrawals exceeding these limits, Bacryp may delay processing to ensure the security of your Digital Assets and accrued interest, as well as to accommodate potential technical delays.