General Terms and Conditions (GTC) of BitGainz.com

Effective Date: 2024
Consolidated Version: 1.1.24

1. Introduction

These General Terms and Conditions (hereinafter referred to as “GTC”) constitute a legally binding contract governing access to and use of the BitGainz.com platform (hereinafter referred to as “the Platform”). By accessing the Platform, creating a user account, or using any services offered by BitGainz.com, you (hereinafter referred to as “the User” or “the Client”) acknowledge that you have read, understood, and unreservedly accepted all the provisions set forth in these GTC. These GTC take precedence over any other prior document or communication.

2. Purpose

BitGainz.com is an automated investment platform specializing in digital assets (hereinafter referred to as “cryptocurrencies”), offering algorithmic portfolio management services through artificial intelligence (AI) technologies and predictive models. The services include, but are not limited to:

• Automated Portfolio Management: Dynamic asset allocation based on machine learning algorithms.
• Performance Tracking: Real-time analytical dashboards with risk indicators (Sharpe ratio, historical volatility, etc.).
• Withdrawal Options: Daily liquidity, subject to the conditions defined in Article 8.
• Affiliate Program: Hierarchical commission mechanism (Article 7).

The User acknowledges that the services offered fall under the category of “complex financial products” as defined by Article: MiFID II in Europe and involve substantial risks of capital loss.

3. Modification of the GTC

BitGainz.com reserves the exclusive right to unilaterally modify these GTC, including fees, investment conditions, or security mechanisms, at any time and without prior notice. The modifications will take effect immediately after their publication on the Platform, subject to mandatory provisions of applicable law. The User will be informed of major changes (e.g., changes affecting their substantive rights) by electronic notification (email) or via an alert on their dashboard. Continued use of the Platform within 30 days following the notification constitutes tacit acceptance of the new GTC. In case of disagreement, the User must terminate their account in accordance with Article 12.

4. New Investment Plans

4.1 Description of Plans
BitGainz.com offers differentiated investment plans based on the initial amount, duration, and risk profile:

• Starter Plan: Minimum investment of 100 USD, daily return of 0.35%, fixed duration of 90 days.
• Pro Plan: Minimum investment of 1,000 USD, daily return of 0.5%, renewable duration of 180 days.
• VIP Plan: Minimum investment of 10,000 USD, daily return of 2.5%, access to high-frequency trading (HFT) strategies.
• Plans may vary depending on the time of year.

4.2 Dynamic Adjustments
Returns are adjusted monthly based on market volatility (measured by the VIX index) and the historical performance of the algorithms. Changes are published on the dashboard and notified by email.

4.3 Exoneration Clauses
BitGainz.com does not guarantee any returns and disclaims all liability in the event of underperformance of the algorithms due to extreme market events (e.g., flash crash, blockchain fork).

5. Fund Security

5.1 Technical Protocols

• Data Encryption: TLS 1.3, AES-256 for private key storage.
• Two-Factor Authentication (2FA): Mandatory for withdrawals, account modifications, or access from a new device.
• External Audits: Conducted quarterly by independent third parties (e.g., CertiK, Hacken) to verify the integrity of smart contracts and wallets.

5.2 Key Management
User funds are held in multi-signature (multi-sig) wallets requiring 3 out of 5 signatures for any outgoing transaction. Keys are distributed among physical vaults (HSMs) located in separate jurisdictions.

5.3 Liability in Case of Hacking
In the event of system compromise due to a technical flaw attributable to BitGainz.com, the Platform commits to compensating Users up to 100% of lost funds, subject to a forensic investigation validated by a certified expert.

6. Transaction Fees

6.1 Fee Structure

• Deposits: Free for cryptocurrencies (BTC, ETH, USDT). Fees of 1.5% for bank transfers (SEPA/SWIFT).
• Withdrawals: 5 to 10% of the withdrawn amount, capped at 150 USD per transaction.
• Inactivity Fees: 2% monthly applied after 180 days of account inactivity.

6.2 Calculation and Deduction
Fees are deducted pro rata temporis and automatically deducted from the account balance. Details are available on monthly statements accessible via the dashboard.

7. Affiliate Program

7.1 Commission Terms

• Hierarchical Rates: 2% on deposits from first-level referrals, 2.5% on second-level referrals.
• Reversibility Conditions: Commissions are reversible in case of fraud detection (e.g., self-referral, volume manipulation) or chargeback.

7.2 Dependence on Referrer’s Account

• Referrer Inactivity: If the referrer does not perform any transactions for 30 consecutive days, commissions are suspended.
• Referrer Account Closure: Leads to the immediate termination of the affiliate program for all referrals.

7.3 Sanctions
Any attempt to circumvent the rules (e.g., creation of multiple accounts) results in the confiscation of funds and permanent closure of the accounts involved.

8. Withdrawal Policy

8.1 Verification Procedures (KYC/AML)

• Level 1: Identity verification (passport, proof of address + selfie).
• Level 2: Proof of funds origin (bank statements, tax declarations).
  
  

8.2 Minimum Thresholds

LevelMinimum AmountRequired DocumentsLevel 11,000 $ID + Proof + SelfieLevel 2750 $ID + Proof + SelfieLevel 3500 $ID + Proof + SelfieLevel 4100 $ID + Proof + Selfie

8.3 Processing Times

• Cryptocurrencies: Up to 24 hours after 2FA validation.
• Bank Transfers: 3 to 7 business days, subject to intermediary delays.
  
  

9. Dispute Resolution

9.1 Mediation
In case of dispute, the User must notify BitGainz.com by email with acknowledgment of receipt at [email protected], detailing the facts and evidence. Mediation is mandatory before any legal action.

9.2 Arbitration
If the dispute persists, it will be submitted to arbitration by [Arbitration Institution, e.g., International Chamber of Commerce (ICC)], in accordance with the ICC Arbitration Rules. Arbitration fees are borne by the losing party.

10. Disclaimer

BitGainz.com disclaims all liability for:

• Losses related to market volatility, forks, or regulatory changes.
• Service interruptions due to force majeure (cyberattacks, natural disasters).
• Input or manipulation errors by the User.

11. Applicable Law and Jurisdiction

These GTC are governed by the laws of Hong Kong. Any dispute falls under the exclusive jurisdiction of the courts of Hong Kong, notwithstanding the plurality of defendants or appeal guarantees.

12. Account Termination

12.1 By the User
The User may terminate their account at any time via the dedicated interface, provided all open positions are closed.

12.2 By BitGainz.com
The Platform may terminate an account in case of:

• Violation of the GTC,
• Suspicious activity (e.g., money laundering),
• Death of the User (upon production of a death certificate).
  
  

12.3 Fund Restitution
Remaining funds are restituted within a maximum of 90 days, minus applicable fees.

13. Data Protection (GDPR/CCPA)

In accordance with the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), BitGainz.com commits to:

• Not selling personal data to third parties.
• Retaining data for 5 years after account closure.
• Allowing access, rectification, or erasure of data upon written request.
  
  

14. Intellectual Property

All elements of the Platform (algorithms, interfaces, trademarks) are protected by intellectual property rights. Any reproduction, even partial, without written authorization is subject to legal action.

15. Independence of the Parties

No provision of these GTC creates a partnership, joint venture, or employer-employee relationship between BitGainz.com and the User.

16. Severability

If a clause is deemed invalid by a competent authority, the remaining clauses remain fully applicable.

17. Notification

Legal notifications must be sent by email to [email protected].

18. Waiver

BitGainz.com’s failure to enforce a breach of these GTC does not constitute a waiver of future rights.

19. Contractual Language

These GTC are drafted in English. In case of contradiction with a translated version, the English text prevails.

20. Effective Date

These GTC take effect on the date indicated in the header and supersede all prior versions.

21. Contact

For any questions:
Email: [email protected]

Disclaimer: These GTC constitute a legally binding document. It is recommended to review them regularly and seek independent legal advice before acceptance.

Electronic Signature:
By checking the box “I accept the GTC,” the User acknowledges having read, understood, and accepted all the clauses above.

*****End of Document****