1. Definitions

Bitcoin

A decentralised digital monetary system secured by cryptography and operating independently of any central bank, government, or issuing authority.

Guidance

Educational information, security guidance, and operational assistance relating to Bitcoin self-custody, multisignature arrangements, recovery planning, and inheritance preparedness. Guidance does not constitute financial, investment, legal, tax, or accounting advice.

2. Nature of Services & No-Advice Disclaimer

The Client acknowledges and agrees that:

• TBA provides education, security guidance, and operational support only
• TBA does not provide financial, investment, legal, tax, or accounting advice
• TBA does not recommend the purchase, sale, or holding of Bitcoin or any other asset
• All decisions relating to Bitcoin ownership, custody design, transactions, and risk management remain the sole responsibility of the Client

3. Regulatory & Risk Disclosure

Bitcoin is not recognised as a regulated financial product in many jurisdictions, including Australia, as at 1 January 2026. The Client acknowledges that:

• Bitcoin is volatile and speculative
• Bitcoin is not backed by any government, central bank, or deposit guarantee scheme
• Losses may arise from price volatility, user error, key loss, software failure, or security compromise
• The Client accepts full responsibility for understanding and managing these risks

4. Non-Custodial Services Statement

• TBA does not take custody of Client Bitcoin
• TBA does not manage, control, or unilaterally access Client funds
• Where applicable, TBA may act as a co-signer or backup key holder within a multisignature arrangement
• TBA cannot move Bitcoin without the Client’s explicit authorisation and participation in accordance with the applicable multisig policy
• The Client retains full beneficial ownership and ultimate control of all Bitcoin at all times

5. U.S. Clients: IRS & Retirement Account Disclaimer

For U.S. Clients:

• TBA is not an IRA custodian, trustee, administrator, or fiduciary
• TBA may act solely as an independent third-party key holder in specific multisignature configurations
• The Client remains fully responsible for compliance with all IRS and regulatory requirements relating to Bitcoin held within Self-Directed IRAs or other tax-advantaged accounts

6. Client Authorisation & Responsibility

By engaging TBA, the Client confirms that they:

• Act voluntarily and with full legal capacity
• Retain sole authority over all Bitcoin transactions
• Accept full responsibility for outcomes arising from Bitcoin ownership, custody design, and transaction decisions
• TBA’s role is advisory and educational only

7. Limitation of Liability

To the maximum extent permitted by law:

• TBA does not act as a custodian, fiduciary, or financial intermediary.
• The Client releases and holds harmless TBA from any claims, losses, or damages arising from Bitcoin price movements, self-custody decisions, security breaches, transaction issues, or reliance on guidance.
• Indemnity: The Client agrees to indemnify TBA against any claims, losses, or damages arising from the Client’s breach of this Agreement or misuse of services.
• Nothing in this Agreement limits liability that cannot be excluded under applicable law.

8. Referral Program (Optional)

Clients may elect to participate in TBA’s referral program without a separate agreement.

• Referral fee: 10% of revenue received from referred clients
• Paid in Bitcoin, quarterly
• Continues unless: terminated by either party; TBA ceases trading; TBA is sold or materially restructured
• Referral participants must act in good faith, complete identification as required under applicable law, and acknowledge they have no authority over referred client relationships

9. Bitcoin Advisory Services

Services may include:

• Market commentary and educational insights
• Custody and multisig security guidance
• Periodic key and access verification
• Liaison with accountants or auditors at the Client’s request

10. Fees

Fee Schedule (excluding GST):

11. Client Identification & Transaction Authorisation

To protect against fraud and impersonation: the Client must complete DocuSign ID Verification. Failure to complete verification may prevent TBA from co-signing a transaction.

12. Transaction Verification & Adviser Confirmation

In addition to identity verification, the Client acknowledges and agrees that:

12.1 Adviser Confirmation Requirement

Before TBA co-signs any Bitcoin transaction in which it acts as a multisignature participant or backup key holder, the Client must participate in a direct confirmation conversation with their assigned Bitcoin Adviser (the “Confirmation Call”).

12.2 Purpose of Confirmation Call

The Confirmation Call is conducted solely to: confirm the Client’s identity; confirm the Client’s intent to proceed; confirm transaction details (destination, amount, timing); assess whether the request appears voluntary and free from duress. The Confirmation Call does not constitute approval, advice, or discretionary control.

12.3 No Approval or Veto

The Confirmation Call does not grant TBA authority to approve, deny, or override a lawful Client transaction. Where verification is complete and the Client is acting voluntarily, TBA’s role is limited to executing its multisignature function.

12.4 Reasonable Delay

TBA may reasonably delay co-signing where: the Confirmation Call has not occurred; identity verification is incomplete; transaction details are unclear or inconsistent; there are reasonable indicators of duress, coercion, or impersonation. Any delay will be limited to the time reasonably required to complete verification.

12.5 Records

TBA may maintain internal records confirming that the Confirmation Call occurred, including date, adviser, and confirmation status. Calls will not be recorded unless expressly agreed.

12.6 Client Acknowledgement

The Client acknowledges that this process is a security and fraud-prevention measure and that refusal to participate may prevent TBA from co-signing the requested transaction.

13. Termination

Either party may terminate this Agreement with 30 days’ written notice.

If the Client terminates this Agreement during the first four years, Early Termination Fees apply and are calculated on the Bitcoin balance under advisory at the time of termination:

14. Death of Client

Upon notification of death: TBA will verify the executor or authorised representative; processing will occur within 60 business days, subject to documentation; all related costs are payable by the estate.

15. Duress & Legal Incapacity

Client instructions must be made voluntarily and without coercion. TBA may delay or decline to act on instructions reasonably believed to be made under duress or during legal incapacity. The Client may be asked to provide evidence of voluntariness. TBA is not liable for actions taken based on such determinations. For the avoidance of doubt, the Transaction Confirmation Call forms part of TBA’s duress-detection and verification process.

16. Confidentiality & Data Handling (Privacy)

TBA limits stored Client information to name, email, phone number, communication history, and service-related data. We handle data in accordance with our Privacy Policy.

TBA agrees to maintain strict confidentiality, restrict access, implement security controls (including 2FA), and delete data upon request or termination (unless legally required to retain it). Confidentiality obligations survive termination indefinitely.

17. Commencement

This Agreement commences when the Client engages TBA and uses a Bitcoin Adviser-held key within any advisory or multisignature arrangement.

18. General Provisions

Amendments

TBA may amend these Terms with reasonable notice. Continued use constitutes acceptance.

Force Majeure

TBA is not liable for delays or failures caused by events beyond its reasonable control.

Intellectual Property

All TBA materials remain the property of TBA.

Governing Law

This Agreement is governed by the laws of the jurisdiction in which The Bitcoin Adviser is formed and operates, and the parties submit to the exclusive jurisdiction of the courts of that jurisdiction.

19. Promotional Free Period (Coldcard / Single-Point-of-Failure Offer)

For Clients who accept the limited promotional offer advertised by The Bitcoin Adviser in connection with the Coldcard Mk3 security advisory (or any similar single-point-of-failure migration campaign), the following terms apply and override conflicting provisions in Sections 10 and 13 for the duration of the promotional period only:

Free Period

The Client will not be charged the standard advisory fee for the first three (3) calendar months commencing on the date the Client first uses a Bitcoin Adviser-held key in a multisignature arrangement under this Agreement (the “Free Period”).

No Fees During Free Period

No quarterly fees under Section 10 shall accrue or become payable in respect of the Free Period.

Early Termination During or at the End of the Free Period

Notwithstanding Section 13, if the Client terminates this Agreement at any time during the Free Period or within seven (7) days after the Free Period ends, no early termination fee shall apply and the Client shall owe TBA nothing further under this Agreement.

Transition to Standard Terms

If the Client continues the engagement after the Free Period ends without terminating under the clause above, the standard Fee Schedule in Section 10 and the early termination provisions in Section 13 shall apply from the first day after the Free Period ends. The “Year 1” early-termination fee percentage shall be calculated from that date.

No Obligation

Acceptance of the Free Period creates no obligation to continue the service beyond the Free Period. The Client may terminate at any time during the Free Period by written notice and will incur no fees or termination charges.

Scope

This Section 19 applies only to Clients who expressly accept the promotional offer. It does not alter the nature of the services, the non-custodial character of the arrangement, or any other provision of this Agreement except as expressly stated above.