Bacryp Cripto Credit - Winning Conditions

The Bacryp Earn Interest Product is not available to citizens or residents of certain jurisdictions, including those where restrictions and limitations apply, such as the USA, Bulgaria, and Estonia. The Bacryp Earn Interest Product General Terms and Conditions outlined below will govern your relationship with Bacryp, but only within the scope and subject to the limitations and restrictions specified.
Bacryp Earn Interest Product General Terms and Conditions


I. INTRODUCTION
These Bacryp Earn Interest Product General Terms and Conditions (“General Terms”) establish the contractual relationship between you (“Client” or “you”) and any holding company, subsidiary, or entity belonging to the Bacryp group of companies (“Bacryp” or “we”). You and Bacryp may be referred to individually as a “Party” and jointly as the “Parties.” These General Terms constitute a legally binding agreement (“Agreement”) between the Parties concerning your use of the Bacryp Earn Interest Product.


II. DEFINITIONS
Unless otherwise specified, references in these General Terms are to be made in accordance with the Bacryp Services General Terms and Conditions and the Bacryp Crypto Credit General Terms and Conditions. All defined terms used in these General Terms will have the same meaning as provided in the Bacryp Services General Terms and Conditions or the Bacryp Crypto Credit General Terms and Conditions, as applicable.
 
III. CLIENT
You may enter into this Agreement and use the Bacryp Earn Interest Product only if all of the following conditions are met:
1. Account Requirements:
* You have opened a Bacryp Account and met the requirements outlined in Article IV.1, Items 1.1, 1.2, 1.4 – 1.8 of the Bacryp Services General Terms and Conditions.
2. Jurisdictional Restrictions:
* You are not a citizen or resident of the USA, Canada, Bulgaria, or Estonia, and you do not have any relevant connection to a jurisdiction where Bacryp has prohibited or restricted access to the Bacryp Earn Interest Product.
By entering into this Agreement, you acknowledge and confirm that you meet all of the conditions listed above. If Bacryp determines at any time that you no longer meet these conditions, Bacryp may:
* Suspend the provision of the Bacryp Earn Interest Product and/or other related Bacryp Services to you.
* Close your Bacryp Account and prevent further use of the Bacryp Earn Interest Product and related services.
Bacryp reserves the right to, at its sole and absolute discretion, and without liability to you, take any of the following actions:
1. Refuse your request to use the Bacryp Earn Interest Product.
2. Change the conditions for entering into the Agreement or for using the Bacryp Earn Interest Product.
3. Suspend the provision of the Bacryp Earn Interest Product or any part of the related Bacryp Services.
4. Change, update, remove, cancel, suspend, disable, or discontinue any feature, component, content, incentive, or referral plan related to the Bacryp Earn Interest Product.

IV. SPECIFIC FEATURES OF THE Bacryp EARN INTEREST PRODUCT
The Bacryp Earn Interest Product allows you to earn interest on certain Digital Assets that are:
1. Topped up into the Savings Wallet of your Bacryp Account in accordance with Section V of the Bacryp Services General Terms and Conditions, or
2. Moved to the Credit Wallet of your Bacryp Account (applicable only to some Digital Assets).
All such eligible Digital Assets are listed on the Bacryp Platform and within your Bacryp Account. These assets may be revised periodically at Bacryp’s sole discretion.
Interest Earning Conditions:
* Interest is earned on all eligible Digital Assets unless they are used for other purposes on the Bacryp Platform.
* You are allowed to have multiple active Bacryp Earn Interest Products simultaneously. Interest is accrued separately for each active product.
Types of Bacryp Earn Interest Products:
1. FLEX Term: Allows for a flexible earning period.
2. Fixed Term: Involves a fixed duration for earning interest.
The applicable terms for each type of Bacryp Earn Interest Product, including the Digital Assets eligible for earning interest, the interest rates, and the duration of the Fixed Term (if any), are provided on the Bacryp Platform. These terms may be updated periodically by Bacryp at its sole discretion.
Fixed Term Conditions:
* If you choose a Fixed Term, you cannot terminate the Agreement regarding this Bacryp Earn Interest Product prematurely or withdraw your Digital Assets before the end of the Fixed Term.
* However, if the Loan-to-Value (LTV) of your Bacryp Crypto Credit reaches a certain threshold (as outlined in the Bacryp Crypto Credit General Terms and Conditions and the Bacryp Platform), and you have enabled the relevant options in your Bacryp Account, certain amounts and types of Digital Assets and/or accrued interest from a Fixed Term Bacryp Earn Interest Product may be automatically transferred from your Savings Wallet to your Credit Wallet. This transfer serves as additional collateral for your Bacryp Crypto Credits and follows the procedure detailed on the Bacryp Platform.
Automatic Renewal:
* A Fixed Term Bacryp Earn Interest Product can be automatically renewed if you opt for this feature in your Bacryp Account. Each new Fixed Term will be governed by the terms applicable at the time of renewal.
* You may deactivate or activate the automatic renewal option at any time during the Fixed Term. Bacryp will honor your choice on the expiry date of each Fixed Term.
* If you do not opt for automatic renewal, after the Fixed Term expires, the Digital Assets subject to this Bacryp Earn Interest Product will continue to earn interest under the terms applicable to the Bacryp Earn Interest Product for a FLEX Term.

V. INTEREST
1. Accrual of Interest:
* Interest will begin to accrue on the Digital Assets 24 hours after they have been topped up into the Savings Wallet of your Bacryp Account (“Start Time”).
* Interest may be earned in the same type of Digital Assets on which it is accrued (in-kind), or in Bacryp Tokens (for assets other than Bacryp Tokens), based on your selection on the Bacryp Platform.
* You may switch between earning in-kind and earning in Bacryp Tokens at any time, if applicable.
* Interest will be compound when earned in-kind and simple when earned in Bacryp Tokens.
2. Interest Rate and Revisions:
* The interest rate is subject to revision at Bacryp’s sole discretion.
* If you opt to earn in Bacryp Tokens, you may receive a higher interest rate, which consists of standard interest plus bonus interest, as indicated on the Bacryp Platform.
* Bacryp will notify you of any changes to the interest rate via the Bacryp Platform. Unless otherwise stated, the new interest rate will take effect the next calendar day after the notification.
3. Calculation of Interest:
* Interest is calculated on a daily basis at a specific time each calendar day, based on the actual number of days in a 365-day year.
* When earned in Bacryp Tokens, the USD equivalent of the in-kind interest accrued on the relevant Digital Assets is converted into Bacryp Tokens.
4. Credit of Interest:
* For FLEX Term Bacryp Earn Interest Products, interest is credited to your Bacryp Account daily, starting after the “Start Time.”
* For Fixed Term Bacryp Earn Interest Products, interest is credited on the date of expiry of the Fixed Term, unless the Digital Assets have been automatically transferred to your Credit Wallet as collateral (in accordance with Article IV.4).
* During the Fixed Term, the interest will be visible in your Bacryp Account for convenience, but it will only be credited at the expiry of the term.
5. Withdrawal of Interest:
* Interest will continue to accrue on Digital Assets until the date of your withdrawal request (for FLEX Term products) or until the expiry of the Fixed Term (for Fixed Term products).
* You will receive only the interest that has been credited to your Bacryp Account up to the time of your withdrawal request or the expiry of the Fixed Term.
6. Preferential Interest:
* Bacryp reserves the right to offer preferential interest rates or terms to certain clients as part of marketing campaigns or other promotions. These terms will be indicated on the Bacryp Platform and may be subject to change.
* In the case of automatic renewal (as described in Article IV.5), preferential interest or other promotional terms will not apply. The new Fixed Term will be renewed for the shortest possible term or, if not applicable, for the next available term in ascending order.
 
VI. TOPPING UP AND WITHDRAWAL OF DIGITAL ASSETS
1. Topping Up Digital Assets:
* You may top up Digital Assets into your Bacryp Account at any time, in accordance with Section V of the Bacryp Services General Terms and Conditions.
* The minimum required amount for each Digital Asset is indicated on the Bacryp Platform and may be revised periodically at Bacryp’s sole discretion.
2. Withdrawal of Digital Assets and Interest:
* You may request to withdraw your Digital Assets along with any accrued interest, or the fiat equivalent of both the Digital Assets and accrued interest (if applicable), in accordance with Articles VI.1 and VI.2 of the Bacryp Services General Terms and Conditions.
* For FLEX Term Bacryp Earn Interest Products: You may request a withdrawal at any time.
* For Fixed Term Bacryp Earn Interest Products: You may request a withdrawal on the expiry date of the relevant Fixed Term, unless you have opted for automatic renewal.
3. Processing of Withdrawals:
* Withdrawals within the limits specified on the Bacryp Platform, which may be updated periodically at Bacryp’s discretion, will be processed by Bacryp in accordance with the timeline provided under Article VI.3 of the Bacryp Services General Terms and Conditions.

VII. OBLIGATIONS AND WARRANTIES
You hereby declare, warrant, and confirm that:
1. Compliance with Conditions:
* You meet the conditions set forth in Article III.1 of this Agreement.
2. Legal Actions:
* You validly undertake any action or enter into any transaction under this Agreement.
3. Legitimate Funds:
* The Digital Assets you have topped up or will top up into your Bacryp Account, and any funds used for the purchase of these Digital Assets, are not derived from money laundering, terrorist financing, fraud, or any other illegal activity under any Applicable Law in the respective jurisdiction.
4. Accurate Information:
* You have submitted only complete, correct, and up-to-date information and documents to Bacryp.
5. Tax Obligations:
* You are aware of your tax responsibilities and shall be fully responsible for any tax filings, reporting, or payments to the competent tax authority, as required by Applicable Law.
* Bacryp is not responsible for compensating you for your tax obligations or advising on tax matters. You acknowledge that uncertainties in tax legislation regarding Digital Assets may expose you to currently unknown or future tax consequences, for which Bacryp is not liable. You agree to hold Bacryp harmless from any expenses or losses resulting from such tax uncertainties.
6. Risk Awareness:
* You are fully aware that using the Bacryp Account, Bacryp Platform, and Bacryp Earn Interest Product is entirely at your own risk.

You further undertake to:
1. Good Faith Use:
* Use the Bacryp Account, Bacryp Platform, Bacryp Earn Interest Product, and related Bacryp Services in good faith.
2. Compliance with Policies:
* Not violate or breach any terms of these General Terms, the Privacy Policy, Cookies Policy, or any Applicable Law in any relevant jurisdiction.
3. Prohibited Actions:
* Not engage in any misrepresentation, fraud, malicious acts, or criminal activities.
* Not provide false, inaccurate, incomplete, outdated, or misleading information.
4. Security and Integrity:
* Not interfere with or expropriate Bacryp’s network, system, data, or information.
* Not transmit or upload any viruses, malware, or other malicious software, or attempt to gain unauthorized access to other users’ accounts, the Bacryp website, network, or systems.
5. Protection of Intellectual Property:
* Not decompile, reverse engineer, or disassemble any Bacryp programs, systems, or products, nor infringe on Bacryp’s Intellectual Property rights or those of Bacryp’s partners.
6. No Data Mining:
* Not launch programs, scripts, or tools designed for scraping, indexing, or data mining, or to unduly burden or hinder the operation of Bacryp’s systems or services.
7. Appropriate Conduct:
* Not engage in written or verbal communication or conduct toward Bacryp, its affiliates, third-party service providers, their employees, officers, directors, or representatives that could be considered harmful, threatening, aggressive, abusive, inappropriate, disparaging, or disrespectful in any way.
8. Confidentiality:
* Keep your Bacryp Account data confidential and unavailable to third parties.
9. Update of Information:
* Inform Bacryp of any changes in the information or documents you submitted, particularly your contact details, within 1 (one) day of the change.
10. Compliance with Additional Terms:
* Comply with other applicable terms under Article X.2 of the Bacryp Services General Terms and Conditions.

VIII. RISK DISCLOSURE
Digital Assets are inherently more volatile than most fiat currencies and other assets, and their price unpredictability may lead to significant losses over short periods. Bacryp is not responsible for the Digital Assets market and makes no representations or warranties about the real or perceived value of any Digital Asset, or the quality, suitability, accuracy, usefulness, or completeness of any data provided by Bacryp. Therefore, you should carefully consider whether holding Digital Assets is appropriate for your financial situation.
1. Nature of Digital Assets:
* Digital Assets are not money or legal tender, are not backed by a government or central bank, and generally lack underlying assets, revenue streams, or other sources of intrinsic value.
* The regulatory status of Digital Assets is unsettled, varies between jurisdictions, and is subject to uncertainty. Changes or actions at the state or international level may adversely affect or restrict the use, transfer, exchange, or value of Digital Assets, as well as the provision of the Bacryp Earn Interest Product and related Bacryp Services.
2. Market Risk:
* The value of Digital Assets is often based on market participants’ willingness to exchange fiat currencies for Digital Assets. This could lead to a permanent and total loss of value if the market for a particular Digital Asset ceases to exist.
* Some Digital Asset transactions are considered final when recorded on a public ledger, which may not always align with the date or time of your transaction initiation. Ownership of Digital Assets is generally determined by a decentralized public ledger and cannot typically be reversed or cancelled.
3. Fraud and Cybersecurity Risks:
* The decentralized nature of Digital Assets can lead to increased risks of fraud or cyberattacks. Losses from fraudulent or accidental transactions may not be recoverable.
4. No Investment Advice:
* Bacryp does not provide investment advice, and any information from Bacryp should not be used as a basis for investment decisions. You are responsible for determining whether the use of the Bacryp Earn Interest Product is legal in your jurisdiction. If it is illegal, you must refrain from using it. If uncertain, please seek independent legal advice.
5. Regulatory Changes:
* Bacryp may be forced to suspend, discontinue, or alter the Bacryp Earn Interest Product or related Bacryp Services in any jurisdiction without prior notice if required by regulators or Applicable Law. In such cases, the Digital Assets in your Bacryp Account may be frozen for an indefinite period until the issue is resolved.
6. Usage at Your Own Risk:
* You understand and agree that using the Bacryp Account and Bacryp Earn Interest Product is entirely at your own risk.

IX. LIMITATION OF LIABILITY
The Bacryp Earn Interest Product is provided “as is,” without any representation or warranty, whether express, implied, or statutory, except as expressly provided in these General Terms, and only to the extent permitted by Applicable Law. Bacryp disclaims all other representations or warranties, express or implied, made to you, your affiliates, or any third party, including but not limited to any warranties of quality, suitability, merchantability, or fitness for a particular purpose.
Bacryp’s Liability in relation to representations and warranties that cannot be excluded is limited, at Bacryp’s sole discretion, to one of the following options:
1. Re-supplying, replacing, or repairing the Bacryp Earn Interest Product for which the breach occurred, or
2. Paying the cost of re-supplying, replacing, or repairing the Bacryp Earn Interest Product for which the breach occurred.
No Event Liability: Bacryp, its representatives, or partners shall not be liable for any losses, damages, or claims arising from:
1. Events beyond our reasonable control, including but not limited to acts of God, war, civil unrest, disasters, strikes, terrorist acts, riots, government actions, or other force majeure events.
2. System and service interruptions, such as:
* Delays, suspensions, or interruptions of the Bacryp Platform or Bacryp Earn Interest Product.
* Failures in public or private telecommunication networks, information systems, or third-party services.
* Unavailability of the Bacryp Platform or Bacryp Earn Interest Product due to system maintenance or breakdowns.
3. Unauthorized or ineligible use of the Bacryp Earn Interest Product that violates these General Terms.
4. Compliance with applicable law, court orders, or government actions.
5. Cybersecurity breaches, including hacking, tampering, viruses, or unauthorized access to your Bacryp Account or the Bacryp Earn Interest Product.
Exclusion of Certain Damages: In no event shall Bacryp be liable for incidental, special, exemplary, punitive, indirect, or consequential damages, including but not limited to:
* Lost revenue or profits.
* Replacement costs.
* Loss of data or technology.
* Service interruptions or equipment loss.
This applies regardless of whether the damages are direct or indirect, foreseeable or unforeseeable, or if Bacryp has been advised of the possibility of such damages. Liability will not arise under any theory of contract, tort, strict liability, or otherwise.
Aggregate Liability: Bacryp’s total liability for any losses or damages related to the Bacryp Earn Interest Product and these General Terms shall not exceed the fees you paid to Bacryp for your use of the Bacryp Earn Interest Product during the 12-month period immediately preceding the event giving rise to the claim.
Third-Party Service Providers: Bacryp shall not be liable for the faults of any third-party service provider instructed by Bacryp. Bacryp’s liability is limited to using reasonable care in selecting, appointing, and instructing such providers.
No Limitation for Fraud or Gross Negligence: Nothing in these General Terms shall operate to limit or exclude liability for fraud or gross negligence.


X. DEFAULT AND INDEMNIFICATION
1. Event of Default
An Event of Default occurs if any of the following events take place:
a) Breach of Obligations: The Client breaches any of their obligations or warranties under these General Terms.
b) Illegality: It becomes illegal for the Client to perform their obligations under this Agreement.
c) Loss of Contact: Bacryp is unable to contact the Client using the most recent contact information provided by the Client.
2. Consequences of Default
In the case of an Event of Default, Bacryp is entitled to:
a) Immediate Termination: Terminate this Agreement with immediate effect.
b) Protective Actions: Take any action it deems necessary to protect its interests.
3. Indemnification
You agree to defend, indemnify, and hold harmless Bacryp, its affiliates, third-party service providers, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees), arising from or related to:
* Any third-party claim concerning these General Terms, or
* Your use of the Bacryp Earn Interest Product in violation of these General Terms or any Applicable Law.

XI. TERMINATION
1. Immediate Termination:
* This Agreement shall be immediately terminated if your Bacryp Account is closed, either under the conditions set forth in Article X.2(a) (Event of Default) or by your own decision, resulting in the discontinuation of your use of the Bacryp Earn Interest Product.
2. Termination by Bacryp:
* Bacryp reserves the right to terminate the Agreement with written notice if Bacryp decides to discontinue offering the Bacryp Earn Interest Product, regardless of the reason.
3. Interest and Fixed Terms:
* In all cases of termination as outlined in Article XI.1, you are not entitled to receive any interest from Bacryp Earn Interest Products for a Fixed Term if the relevant Fixed Term has not expired by the termination date. Interest will not be credited to your Bacryp Account in such cases.
4. Settlement of Debts:
* Before suspension or closure of your Bacryp Account, all debts to Bacryp must be settled, and there should be no outstanding balance in your account.
5. Recovery of Remaining Digital Assets:
* You are entitled to recover the remaining balance of your Digital Assets along with any accrued interest, or the fiat equivalent, unless Bacryp is prohibited by Applicable Law or court order from releasing such assets and interest. This may include, but is not limited to, cases where Bacryp has reasonable grounds to suspect that the Digital Assets or funds used to purchase them were obtained through fraud or connected to any unlawful activities.
* Certain limitations may apply, as indicated in your Bacryp Account and on the Bacryp Platform. These limitations are subject to revision at Bacryp’s sole discretion.
6. Remedies for Breach:
* The termination of this Agreement does not prevent either Party from seeking remedies against the other Party for any breach of the Agreement that occurred prior to termination.

XII. NOTICES
1. Notices from Bacryp to the Client:
* Any notice required or made under these General Terms by Bacryp to the Client shall be considered validly received when sent to the Client’s last known email address, mailing address, or phone number.
* Additionally, Bacryp may provide notices by posting them on the Bacryp Platform.
2. Notices from the Client to Bacryp:
* Any notice required or made by the Client to Bacryp under these General Terms shall be sent via email in English to support@bacryp.com.

XIII. GOVERNING LAW AND JURISDICTION
1. Governing Law:
* This Agreement shall be governed exclusively by the substantive law of the Cayman Islands.
2. Jurisdiction:
* Any dispute arising out of or in connection with this Agreement (the General Terms), unless amicably settled between the Parties, shall be referred to the competent court in the Cayman Islands, determined according to the procedural law of the Cayman Islands.