Terms of Service for The Bitcoin Adviser

By engaging with The Bitcoin Adviser (TBA) and using the bitcoin adviser key, you (the "Client") agree to the following terms and conditions, which outline our services, responsibilities, fees, and other important aspects of our relationship.

Client Acknowledgement, Authority, and Disclaimer

1. Definitions

   1. Bitcoin Definition: Refers to a decentralized digital currency secured through cryptographic processes and operating independently of central banks or governments.

   2. Guidance Nature: The Bitcoin Adviser (TBA) provides educational resources and guidance on understanding Bitcoin and related security practices. TBA does not provide financial, investment, legal, or tax advice, nor does it make purchase or trading recommendations. All decisions regarding Bitcoin ownership, custody, and transactions remain the Client’s sole responsibility.

2. Regulation & Risk Disclosure

   1. Bitcoin is not recognized as a financial product under specific global regulations as of 1 January 2025. The Client acknowledges that Bitcoin's value is highly volatile and is not backed by any government, central bank, or financial institution. The Client assumes full responsibility for understanding and managing the risks associated with Bitcoin ownership.

   2. Non-Custodial Services Statement:

      1. TBA does not hold, manage, or take possession of Bitcoin or any other assets on behalf of Clients. TBA’s role is strictly educational, and in certain cases, it serves as a backup key holder in a multi-signature (multisig) security arrangement. Clients retain full control over their Bitcoin at all times, and TBA has no ability to move or access Client funds unilaterally.

   3. IRS Compliance (U.S. Clients): TBA acts solely as an independent third-party key holder in specific multisig arrangements and does not provide custodial, administrative, or trustee services for Individual Retirement Accounts (IRAs). TBA is not an IRA custodian, and Clients remain responsible for ensuring compliance with all IRS regulations regarding Bitcoin held in tax-advantaged accounts, including Self-Directed IRAs (SDIRAs).

3. Client's Authorization

   1. By engaging TBA’s services, the Client acknowledges that TBA provides guidance for educational purposes only. TBA does not provide financial, investment, tax, or legal advice. The Client assumes full responsibility for all Bitcoin-related decisions, including purchasing, holding, transacting, and securing Bitcoin. TBA’s services are non-custodial, and the Client retains sole authority over their funds.

4. Disclaimer of Liability

   1. The Client acknowledges that The Bitcoin Adviser (TBA) does not take custody of Bitcoin, manage funds, or act as a fiduciary on behalf of Clients. As such, the Client waives any right to make claims against TBA for any loss, damage, or liability arising from Bitcoin transactions, self-custody practices, security measures, or reliance on guidance provided by TBA. The Client remains fully responsible for their own Bitcoin security, storage, and management decisions.

5. Referral Program Option. 

   1. Clients may opt into TBA’s referral program without a separate agreement, subject to these terms:

      1. Referral Fee: 10% of revenue from referred clients, paid in Bitcoin quarterly.

      2. Ongoing Payments: Continue unless the agreement is terminated, TBA’s business closes, or is sold.

      3. Client Responsibilities: Act in good faith, provide identification per Australian law, and have no authority over referred relationships.

Bitcoin Advisory Services

1. Services Provided

   1. Market analysis and insights from global experts.

   2. Custody and security advisory, including best practices for key management.

   3. Regular key and custody verifications.

   4. Accountant liaison for audits and account verification.

2. Fee Structure

   1. First 4 Years: 1% of Bitcoin holdings annually (excluding GST).

   2. Next 4 Years: 0.75% annually.

   3. Beyond 8 Years: 0.5% annually.

   4. Fees are billed quarterly in arrears and payable in bitcoin within seven days.

3. Client Identification Requirement

   1. To ensure that The Bitcoin Adviser can accurately verify and authorise any required transactions on behalf of the Client, the Client must complete DocuSign ID Verification. Failure to complete this step may prevent The Bitcoin Adviser from being able to sign a transaction for the Client.

4. Termination Policy

   1. Either party may terminate this agreement with 30 days’ notice.

   2. Early Termination Fees, payable on the balance of the vault on termination:

      1. Year 1: 4%

      2. Year 2: 3%

      3. Year 3: 2%

      4. Year 4: 1%

   3. After Year 4, no penalties apply.

5. Verification of Client Death

   1. In the event of death, TBA will verify the estate’s executor and process within 60 business days (with possible extensions). Costs are payable by the estate.

6. Duress Clause

   1. All actions and decisions by the Client concerning this contract must be made voluntarily and of the Client's own free will. Decisions made under duress or legal compulsion will not be recognized as binding.

   2. The Bitcoin Adviser reserves the right to disregard any directive believed to be made under duress.

   3. The Client may be asked to provide evidence that their decisions are made voluntarily.

   4. The Bitcoin Adviser is not liable for actions taken based on decisions believed to be made under duress.

   5. Decisions made by the Client during any period of legal incapacity will not be binding.

7. Confidentiality

   1. TBA limits stored client information to name, phone number, email address, and communication history.

   2. TBA agrees to:

      1. Maintain strict confidentiality.

      2. Restrict access to authorized personnel only.

      3. Prohibit unauthorized disclosure.

      4. Use information solely for service delivery.

      5. Implement robust security measures, including mandatory 2FA.

      6. Delete or destroy client information upon request or termination unless legally required to retain it.

   3. Exceptions apply to publicly available, independently developed, or third-party obtained information. Confidentiality obligations survive termination indefinitely.

8. Commencement

   1. To commence this agreement, the Client must engage with The Bitcoin Adviser and use the bitcoin adviser key.

Billworth Pty Ltd trading as The Bitcoin Adviser, ABN 12 671 043 904.

Level 1, 377 New South Head Road, Double Bay, NSW. Australia.

Email: contact@thebitcoinadviser.com

This agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia, and the parties submit to the jurisdiction of the courts of New South Wales, Australia, for the resolution of any disputes arising under this agreement.

Disclaimer: This document is intended to provide general advice only. We recommend you seek independent professional advice before making any financial decisions.