Terms of Service
Welcome to the BlockFi website. The following Terms of Service (the ToS or Terms of Service) govern your access to and use of blockfi.com, together with any user, borrower or investor accounts on the website (collectively, Website). All use of the Website and the Content (defined in the Intellectual Property section below), including your account on the Website (your BlockFi Account) is subject to the ToS.
By applying to use or using the Website, you acknowledge that you have read, understood and agree to comply with the ToS.
If you do not agree with anything contained in the ToS, please do not submit information to, access information from, or otherwise utilize the Website.
In the ToS, users of this Website, including owners, employees, agents and affiliates of any business, corporation, partnership or other entity that is, or is considering becoming, a user, borrower or investor, are referred to as you or your.
BlockFi, Inc., a Delaware corporation, together with its applicable subsidiaries, affiliates, assignees, successors and its and their respective officers, directors, employees and agents are referred to as BlockFi, we, us or our. Together, you and we may be collectively referred to as Parties.
Modifications to the Terms of Service and the Website
BlockFi reserves the right to make changes to the ToS at any time. It is your responsibility to review the ToS from time to time to see if modifications have been made. Your continued use of the Website after any modification of the Terms of Service will conclusively indicate that you accept those changes. Notwithstanding the above, we will seek your consent to future modifications to the extent we are required to do so by applicable law.
You acknowledge and agree that the communications between you and BlockFi are electronic. You consent to receive communications from BlockFi in an electronic form, including e-mail. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. BlockFi will use reasonable efforts to honor any request you may have to opt out from receiving e-mails. You hereby confirm and agree that your sole remedy in connection with any e-mail sent by BlockFi to you or to any of our customers, investors or borrowers shall be to stop your use of the Website. With respect to these Terms, you waive any rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent such waiver is not prohibited under applicable law.
Telephone Consumer Protection Act (TCPA) Consent
You expressly consent to receive marketing and servicing calls and messages, including auto-dialed and pre-recorded message calls and SMS messages (including text messages) from us, our affiliates, agents and others calling on our behalf, at the telephone number that you have provided above. You acknowledge that your cellular, mobile or other telephone provider will charge you according to the type of plan you carry. You are not required to give this authorization as a condition of purchasing anything from us.
Acceptable Use of the Website; Conditions of Your Use
By using the Website, you agree to (a) the Terms of Service and (b) applicable laws, regulations and generally accepted online business practices. Accordingly, you understand that:
- You agree that any information that you provide (about your identity, finances, and relationships) is accurate, correct, and up to date.
- You are 18 years of age or older; able to form a binding contract with us; and are acting on your own behalf (and have not been banned, terminated, or otherwise denied access by BlockFi or the law).
- Accessing the information, resources, services, products and tools of this Website by any other means than we provide is strictly prohibited. You specifically agree not to access or tamper with the Website, for any purpose, through any automated, unethical or unconventional means, including accessing or collecting personally identifiable information and/or account information (including user names, passwords, e-mail addresses or other personal, financial or contact information) with respect to BlockFi users, borrowers, investors, lenders or employees.
- Except as explicitly permitted by the ToS, you agree not (and may not allow others) to sell, copy, modify, correct, enhance, create derivative works from, publish, store or in any way distribute or otherwise exploit, including for any purpose competitive to BlockFi or any commercial purpose any information or any other intellectual property from or on the Website (including the Content (as defined below), any software on the Website and any products or services sold or offered by BlockFi, collectively, BlockFi IP).
- Without BlockFi’s prior written consent, you agree not (and may not allow others) to (i) decompile, reverse engineer, convert or otherwise extract or disclose the underlying script, code (whether binary, assembly, source, object, HTML or otherwise) or structure of any BlockFi IP or (ii) remove or alter authorship attribution or copyright notices or similar information on the Website or any products or materials embodying or containing any BlockFi IP.
- You agree not to violate, interfere with, impair or circumvent the ordinary operation, security, privacy or mission of the Website or BlockFi’s products, services or data, including overburdening, spamming, engaging in a denial or service attack or similar activities (or attempt to do any of the above).
- You are solely responsible for all account activity that occurs on or under your account (whether or not expressly authorized by you), and for maintaining the confidentiality of your login details. You and we acknowledge and agree that BlockFi shall have no liability to you or any other person for acts or omissions made or committed by any agent, representative or third-party service provider in respect of your account.
- You agree that you will not transmit to BlockFi or make available on or upload any information to the Website that: a. Is commercial or promotional in nature (without the prior written authorization of BlockFi); b. Is unlawful, harmful, deceptive, or otherwise violates the legal rights or privacy of others or capable of giving rise to legal action whether against you or BlockFi or any affiliate third party; c. Infringes any patent, trademark, trade secret, copyright, or other property rights of any party; d. Impersonates any person or entity (including BlockFi or its employees and representatives); or e. Contains viruses, malware or any program, code or technology designed to disrupt, intercept, impair or destroy the functionality of the Website or its software, data or network.
- BlockFi reserves the right to edit, restrict or remove any content you provide for any reason at any time. In addition, BlockFi does not control any information provided by other users that may be made available on or through the Website. Notwithstanding BlockFi’s rights under the ToS, BlockFi does not undertake, and shall not be obligated, to monitor the submission of any content to, or the publication of any content on, the Website at any time. BlockFi reserves the right to refuse service, terminate relationships, and/or cancel orders or transactions in its discretion.
- By submitting information, feedback or other material to BlockFi, if any, including on or through the Website or your BlockFi Account, you: a. acknowledge that such information is non-confidential, except for any personal financial information; b. grant BlockFi a perpetual, worldwide, royalty-free, irrevocable, transferable, sublicenseable, fully paid-up right to copy, use, reproduce, modify, adapt, publish, create derivative works from, translate, transmit, display, distribute, market, promote, sell or offer for sale, rent or lease such information or materials or any portions thereof (including any ideas for new products or modifications to existing products) and/or products or services which practice or embody, or are configured for use in practicing, such information or materials or any portion thereof, in any form or medium known or later developed, in furtherance of the terms of the ToS and the actions and transactions contemplated hereby, including the right to bring an action for infringement of these rights; and c. agree that you will have no claim against BlockFi or any Released Party (as defined below) for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights or rights of attribution in connection with our use of any content you provide.
BlockFi’s Intellectual Property, Copyrights and Identifying Marks
All rights, title, and interest in and to the Website and the Content (as defined below) and any all intellectual property contained therein or relating thereto, including any copyright, patent or trademark, are and will remain the exclusive property of BlockFi or its licensors, as applicable (except where another person or entity is expressly credited as the provider of such content or data). Such intellectual property is protected by federal and state law and international treaties. You acknowledge and agree that no proprietary rights are being transferred to you in such materials or information, and that you have no intention of using such materials or information inappropriately or to in any way harm BlockFi or any of its affiliates, directors, officers or employees.
For purposes of the ToS, the Content shall include all contents of the Website, including any logos, identifying marks, images, illustrations, designs, icons, photographs, videos, text and other written and multimedia materials, all of BlockFi’s loan information (including rate information) and requirements, products, services, advertising materials or collateral, log-in or registration criteria and instructions, help guidelines, user documentation and customer and technical support documents, and the Website’s likeness, look and feel, format, layout, software, code (whether binary, assembly, source, object, HTML or otherwise), routines, scripts, software, platforms and applications, as well as any data, files, archives, folders or downloads available on the Website.
Subject to the terms and conditions of the ToS, we grant you a limited, non-transferable, non-sublicenseable, non-exclusive, revocable license to use the Website and the Content for personal use, for persons who seek to enter into or have entered into loans, seek to or have become lenders or any person interested in learning more about BlockFi, its products and services, until such time as the ToS terminate or expire or your right to use or access the Website is terminated in accordance with the ToS.
You acknowledge and agree that any violation of the provisions of the ToS regarding BlockFi’s Intellectual Property, Copyrights and Identifying Marks and Acceptable Use of the Website; Conditions of Your Use above may subject you to compensatory and punitive damages, and shall specifically also entitle BlockFi to equitable relief (including an injunction), in addition to (and not in substitution or replacement for) any other available remedies at law or in equity, without the need for the posting of a bond or any other requirement.
No Solicitation or Offering; No Advice
Except as otherwise expressly noted, the Content and the Website do not constitute an offer to buy or sell or a solicitation of an offer to buy or sell investments, loans, securities, partnership interests, commodities or any other financial instruments; the Content and the Website also do not constitute, and may not be used for or in connection with, an offer or solicitation by anyone in any state or jurisdiction in which such an offer or solicitation is not authorized or permitted, or to any person to whom it is unlawful to make such offer or solicitation.
BlockFi makes no representation or warranty, express or implied, to the extent not prohibited by applicable law, regarding the advisability of investing in securities, funds, partnership interests or other investments or funding or purchasing loans. The past performance of any investment, loan, security, partnership interest, commodity or financial instrument is not a guide to future performance.
WITHOUT LIMITING ANYTHING IN THE TERMS OF SERVICE, BLOCKFI MAKES NO WARRANTIES AND BEARS NO LIABILITY WITH RESPECT TO ANY FUND, ANY INVESTMENTS, SECURITIES, PARTNERSHIP INTERESTS, LOANS OR THE PERFORMANCE THEREOF.
The Content and the views expressed in the Consent do not necessarily reflect the views of BlockFi as a whole, its directors, officers, employees, shareholders or any part or member thereof or of any third party. No Content or information on the Website constitutes, or should be construed as, investment, tax, legal, financial or any other advice.
Certain statements in the Website and the Content may constitute forward-looking statements that involve known and unknown risks, uncertainties and other factors that may cause actual returns of funds, investments, securities or loans to be materially different from any future returns or values expressed or implied by such forward-looking statements. Forward-looking statements typically include words such as may, will, expect, believe, plan, expect, anticipate, intend and other similar terminology. These statements reflect current expectations regarding future events and speak only as of the date of being posted to the Website. Forward-looking statements involve significant risks and uncertainties, should not be read as guarantees of future performance or returns, and will not necessarily be accurate indications of whether or not such returns will be achieved. Given these uncertainties and risks, users of the Website, including any person who may or has invested in any offering made by or on behalf of BlockFi or its subsidiaries or affiliates, are cautioned not to place undue reliance on such forward-looking statements. Forward-looking statements should not be interpreted as advice and is in no way a form of solicitation, offering, or advice for BlockFi’s loan product. The purpose of these forward-looking statements is merely to further explain our product and marketing use, and should be interpreted as purely speculatory.
A variety of factors could cause the actual results and developments of any fund, investment, security or loan to differ significantly from the results and developments forecasted and implied. Although forward-looking statements contained in the Website, if any, are based upon what BlockFi and its advisors believe are reasonable assumptions, BlockFi cannot assure you that actual results, returns or events will be consistent with these forward-looking statements. Forward-looking statements are made as of the date of being posted to the Website, and BlockFi and its subsidiaries and affiliates assume no obligation, and expressly disclaim any obligation, to update or revise forward-looking statements contained in or incorporated by reference into the Website or the Content or any information supplemental thereto to reflect new information, future events or circumstances or otherwise.
Registration; Security and Password
Basic access to the website is publicly accessible. However, to use the Website, you must complete the registration process by verifying your email address. Once registered, an account will be created for you to access your application and other resources. You agree that the registration information you provide is accurate, complete and current. You further agree to promptly update that information to keep it accurate, complete and current. If you register on behalf of a business entity or other organization, you represent and warrant that you have the authority to provide the information required and to bind the organization to the ToS. You acknowledge and agree that BlockFi, in its sole discretion, may suspend or discontinue your, and refuse any and all current and future, access to or use any portion of this Site at any time without notice to you.
BlockFi disclaims all liability, and you acknowledge and agree that we will not be liable, for or in connection with any harm or damages to you or to any party resulting from the theft or unauthorized use of your user ID or password. You agree to notify us immediately of any such unauthorized use or any other actual or suspected breach of security. You can do so by emailing email@example.com.
Data transmitted via the Website may use a Secure Sockets Layer (SSL) protocol, and data may be encrypted on some pages of the Website. To the extent such technology is utilized on a given page, you may be unable to use certain account or customization features of the Website unless your web browser software supports such encryption. Please note that no technology can be considered completely secure or impenetrable and Internet protocols and other public and/or proprietary technology used or accessed by the Website may be vulnerable to exploitation or compromise by persons engaged in hacking or criminal conduct. We and you each acknowledge and agree that BlockFi shall have no liability to you for any such exploitation or criminal conduct by third parties.
Third-Party Websites and Content
The Website may contain links or connections to third party websites. Any such link or connection is provided only as a convenience, and should be used at your own risk. BlockFi has no control over any such other websites, the contents thereof or the products, services or policies represented. The existence of any link or other connection does not imply any affiliation, sponsorship, endorsement, approval, investigation, representation, warranty, verification or monitoring by BlockFi or create any liability on the part of BlockFi in respect of such link or connection. Please be aware that your use of any such third party websites is governed by the privacy policies of those sites, which we encourage you to review before using such sites.
You and we hereby acknowledge and agree that BlockFi and the Released Parties shall have no responsibility for any liabilities arising from or related to the contents of any third party website or the use of any such website (including any mobile website) or the privacy policies and customer information practices of any such website.
Termination; Survival of Provisions
Automatic Termination for Non-Compliance: If you are not in full compliance with all of these ToS, the permissions granted to you under these ToS will automatically terminate, and you agree that in such circumstance you will no longer use or access, or be entitled to use or access, the Website, the Content or any account on the Website.
BlockFi’s Right to Terminate Your Use: BlockFi may terminate your right to use the Website, or block you from future use, at any time in its sole discretion, with or without cause, and without notice to you. Some circumstances in which BlockFi may exercise this right to terminate your right to use the Website include: (a) you have breached any provision of the ToS; (b) you have engaged in conduct which BlockFi, in its sole discretion, considers to be unacceptable; (c) BlockFi is required by law to do so; or (d) BlockFi no longer provides the Website. The above are only examples of circumstances in which BlockFi may terminate your right to use the Website and BlockFi may terminate your right to use the Website for any other reason in its sole discretion. You agree that we shall not be liable to you due to or by reason of our termination of your right to use the Website or the automatic termination of your right to use the Website for non-compliance set forth above.
Voluntary Termination by You: If you want to terminate your legal agreement with BlockFi under or consisting of these Terms of Service, you may do so by: (a) notifying BlockFi at firstname.lastname@example.org or using the form on our Contact Page, or (b) closing your account by following the procedures on the BlockFi website. You acknowledge that any legal obligations you may have under any other agreement with BlockFi (including any loan agreement or agreement governing lending or investing in BlockFi or its affiliates) will not be affected in any way by the termination of the ToS and any such other agreement between you and BlockFi will continue to be in effect in accordance with its terms.
Survival of Provisions: Your obligations and the disclaimers and provisions relating to (i) Our Intellectual Property, Copyrights and Identifying Marks, (ii) Disclaimer of Warranties; Limitation of Liability, (iii) Indemnification, (iv) Use and Access Outside the United States and (v) General will survive any termination or expiration of the ToS for any reason.
Without prejudice to BlockFi’s other rights under the ToS, if you breach the ToS in any way, BlockFi may take such action as BlockFi deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your Internet service or other telecommunications provider to request that it block your access to the Website and/or bringing court proceedings or taking other legal action against you. You acknowledge and agree that if you violate the ToS, BlockFi will be entitled, at any time, to bring an action or proceeding for specific performance, injunctive relief or other equitable relief in addition to (and not to the exclusion of or in substitution for) any other remedies at law or in equity.
Your Use and Access Outside of the United States
We make no claims that the Website or the Content are appropriate for or may be downloaded or accessed outside of the United States. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the applicable laws of the country or jurisdiction where you may be located. You may not use or export any content of the Website in violation of U.S. export laws and regulations or any other U.S. or foreign federal, state or local statute, rule or regulation. The Content is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. BlockFi makes no representations that the Content is appropriate for use in all locations, or that the transactions, products, loans, financial instruments or services indicated or discussed on the Website are available or appropriate for sale or use in all jurisdictions, or countries or by all investors or counterparties.
You agree not to: (i) make any representations, warranties or guarantees on BlockFi’s behalf or with respect to the Website or any content or data contained on the Website; (ii) make any false or misleading representations with regard to BlockFi or the Website or any content or data contained on the Website; or (iii) participate or engage in any illegal, deceptive, misleading, fraudulent, unethical or improper practices on, through, by means of or with respect to the Website.
You acknowledge and agree that you may not assign, delegate, sub-contract or otherwise transfer your rights and/or obligations under the ToS. BlockFi may transfer, assign, delegate, sub-contract or otherwise transfer its rights and/or obligations under the ToS without notifying you or obtaining your consent.
Choice of Law; Forum for Disputes
The ToS and all disputes, claims or controversies (whether in tort, contract or otherwise) arising out of or relating in any way to the ToS, the Website or the Content, the negotiation, interpretation, validity or performance of the ToS, the rights and obligations of you and us hereunder or any transaction contemplated by the Website shall be governed by and construed in accordance with the laws of the State of New York without regard to the rules or principles of conflict of laws of such State or any other jurisdiction that would permit or require the application of the laws of any other jurisdiction. We and you each hereby irrevocably and unconditionally consent to submit to the sole and exclusive jurisdiction of the courts of the State of New York and of the United States of America located in the State of New York, City of New York, Borough of Manhattan (the New York Courts) for any litigation, lawsuit or proceeding between you and us arising out of or relating in any way to the ToS (including any non-contractual claims), the Website or the Content, the negotiation, interpretation, validity or performance of the ToS, the rights and obligations of you and us hereunder or any transaction contemplated by the Website.
You and we each waive any objection to the laying of venue of any such litigation in the New York Courts and agree not to plead or claim in any New York Court that such litigation brought therein has been brought in an inconvenient forum or that there are indispensable parties to such litigation that are not subject to the jurisdiction of the New York Courts. You and we each hereby irrevocably waive any and all rights which you or we, respectively, may have, or may have had, to bring such litigation in or before any other court or tribunal (whether domestic or foreign), or before any similar domestic or foreign authority or body, and agree not to claim or plead any such rights.
WAIVER OF JURY TRIAL
WE AND YOU EACH HEREBY AGREE TO IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT WE OR YOU, RESPECTIVELY, MAY HAVE TO A JURY TRIAL IN RESPECT OF ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE AND ANY COUNTERCLAIM THEREIN. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT SUCH PARTY HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER AND MAKES THIS WAIVER VOLUNTARILY.
Class Action Waiver
YOU AND WE AGREE THAT THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD, OR ARBITRATED AS A CLASS ACTION (INCLUDING WITHOUT LIMITATION OPT OUT CLASS ACTIONS OR OPT IN COLLECTIVE CLASS ACTIONS), OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY ON BEHALF OF A CLASS OF PERSONS OR THE GENERAL PUBLIC. ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY.
BlockFi Crypto Interest Account
Welcome to BlockFi. Our Crypto Interest Account is a crypto repository account that allows you to earn interest on the eligible cryptocurrency held in your account. Please read and keep these Terms and Conditions (“Terms”). If you need a physical copy of these Terms or if you have any questions, you can contact us via email at email@example.com or visit blockfi.com.
ACCEPTANCE OF TERMS
By opening a Crypto Interest Account on or after the effective date of these Terms, you agree that the terms and conditions contained in herein will govern your Crypto Interest Account. A Crypto Interest Account opened prior to the effective date will be governed by these Terms, as modified from time to time in accordance with these Terms. You agree that these Terms will govern any existing Crypto Interest Account maintained on or after the effective date. We reserve the right to update these Terms by notice to you from time to time, which will be sent to you by email at the address specified on your account application.
CRYPTO INTEREST ACCOUNT TERMS AND DISCLOSURES
A. Our Agreement
When we say “BlockFi,” it means BlockFi Lending LLC If you see the words “we,” “us” or “our,” we are talking about BlockFi Lending LLC. When you see the words “you” and “your,” we mean the person or entity listed on the Crypto Interest Account application.
B. Account Basics
1. Opening a Crypto Interest Account
Anyone who is at least eighteen (18) years old can apply to open a Crypto Interest Account. In order to open your account, we will need to verify your identity and require acceptable types of identification. To help the government fight the funding of terrorism and money laundering activities, federal law requires us to obtain, verify, and record information that identifies each person or entity that opens an account. When you apply for an account, we will ask for information that will allow us to identify you. We may also ask for your driver’s license or other identifying documents. For business accounts, we may require identification information related to a controlling manager and/or equity owners of your business. Crypto Interest Accounts are not available in the States of New York, Connecticut, or Washington, or in Cuba, Iran, North Korea, Sudan, Syria, or any other country to which the United States, the United Kingdom or the European Union embargoes goods or imposes similar sanctions, or any other jurisdiction which we determine we would not be able to offer crypto interest accounts for regulatory or policy reasons. Due to the dynamic nature of regulatory requirements and interpretations in the cryptocurrency market, we reserve the right to update the list of prohibited jurisdictions and/or reject applications to open accounts that we determine we would be unable to accept for regulatory or policy reasons in our sole and absolute discretion. Crypto Interest Accounts can be opened at blockfi.com, or by calling the Customer Care Center at 888-798-6139. You represent and warrant that any and all information provided to us pursuant to these Terms or otherwise is true, accurate and not misleading in any respect. If any such information changes, it is your obligation to update such information as soon as possible. Note that we may use credit reports or other information from third parties to help us determine if we should open or maintain your account. Your account is not deemed to be opened, and we have no responsibility to you unless and until you have received written confirmation from us that your account has been opened. We are not obligated to accept an application from any applicant, and we reserve the right not to open an account for any applicant in our sole and absolute discretion.
2. Funding your Crypto Interest Account
You can make your account-opening deposit by transferring eligible cryptocurrency to the deposit address provided in your BlockFi account. The transfer of such eligible cryptocurrency to your Crypto Interest Account may not be deemed settled and completed until (i) the transaction has been recorded in a block and five (5) consecutive subsequent blocks referring back to such block (meaning six (6) blocks in total) have been added to the applicable blockchain or (ii) the transaction has met a different protocol for a specific crypto currency that BlockFi has agreed to. As of the date of these Terms, the minimum deposit required to open a Crypto Interest Account (the “Minimum Balance”) is one Bitcoin or twenty-five Ether. We may, in our sole discretion, reduce the Minimum Balance in the future, and such reduced Minimum Balance will apply to your Crypto Interest Account. Once your account has been opened and funded, BlockFi requires seven calendar days’ notice prior to your complete or partial withdrawal of the eligible cryptocurrency you have deposited with us, and if you choose to make a partial withdrawal, your remaining account balance must be greater than or equal to the Minimum Balance in effect at such time.
3. How Accounts Can Be Owned
Crypto Interest Accounts can be held in the types of ownership described below.
a. Individual Account
This account is owned by only one person or entity who can deposit, transfer or withdraw crypto currency held in the account.
b. Business Account
This account is owned by a corporation, unincorporated association, limited liability company, limited liability partnership, fiduciary, partnership, sole proprietorship or other entity holding an account in any capacity other than an individual capacity. Each person or entity completing any account opening requirements represents and agrees that he or she (i) is fully authorized to execute all documents or otherwise complete our requirements in his or her stated capacity, (ii) has furnished all documents or other information necessary to demonstrate that authority and (iii) will furnish other documents and complete other requirements as we may request from time to time. We may refuse to recognize any resolution affecting your business account that appears to us to be incomplete or improperly executed.
4. How Interest Is Calculated
We announce our interest rate with a minimum frequency of once a month on or around the first business day of each month. Interest will be payable in arrears and added to the principal in your account on a monthly basis. We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account on each day. The daily periodic rate is calculated by dividing the applicable interest rate by three hundred sixty-five (365) days, even in leap years. We will determine the interest rate for each month in our sole discretion, and you acknowledge that such rate may not be equivalent to benchmark interest rates observed in the market for bank deposit accounts.
5. How Interest Is Paid
We will credit your Crypto Interest Account with the interest earned within five business days of the end of each calendar month. Your account must be open on such date in order for you to receive this interest payment. All interest will be paid in kind. The accrued interest is credited in bits only (each bit is one millionth of a Bitcoin) and will be rounded to the nearest one ten thousandth of a Bitcoin. Once interest has been credited to your account, you will earn interest on it in future months.
You may make a complete or partial withdrawal of principal from your Crypto Interest Account at any time. BlockFi initiates the withdrawal process instantly when possible, and we may require up to seven days after you submit your withdrawal request to process the withdrawal. If you are making a partial withdrawal, your Crypto Interest Account must retain a minimum deposit after your withdrawal has been processed that is greater than or equal to the Minimum Balance to continue earning interest. Any interest that has accrued but not been credited to your account on a month-end basis is not eligible for withdrawal until the third business day of the following month. If you withdraw any assets from your Crypto Interest Account prior to the last calendar day of the month, you will incur an early withdrawal penalty equal to the amount of interest accrued during that month on the assets withdrawn.
In the case of any withdrawal, you will be required to provide the details for the account to which you wish to transfer your cryptocurrency. In the event that the details you provide are inaccurate, incomplete or misleading, your cryptocurrency may be permanently lost. When you withdraw all or any of your cryptocurrency, we will not be liable for any loss that results from inaccurate, incomplete or misleading details that you may provide for such transfer. If the account you specify is one to which we are unable to process transfers, we will have no liability for any failure or delay in processing your requested withdrawal.
BlockFi and our third party partners may experience cyber-attacks, extreme market conditions, or other operational or technical difficulties which could result in the immediate halt of deposits and withdrawals of cryptocurrency either temporarily or permanently. BlockFi is not and will not be responsible or liable for any loss or damage of any sort incurred by you as a result of such cyber-attacks, operational or technical difficulties or suspensions of deposits or withdrawals.
Any blockchain transaction fees charged by third parties in connection with your withdrawal will be deducted from the amount of cryptocurrency you withdraw from your Crypto Interest Account. For example, if you withdraw one Bitcoin from your account, and the Bitcoin network charges a transaction fee equal to .01 Bitcoin, you will receive .99 Bitcoin.
You will be able to see a record of the transactions related to your Crypto Interest Account which you may wish to use for the purposes of making any required tax filings or payments. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and to collect, report, and remit the correct tax to the appropriate tax authority. We will make any tax withholdings or filings that we are required by law to make, but we are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting, or remitting any taxes arising from any transaction. You are responsible for complying with applicable law. You agree that BlockFi is not responsible for determining whether or which laws may apply to your transactions, including tax law. You are solely responsible for reporting and paying any taxes arising from your Crypto Interest Account.
8. Risk Disclosure
Your Crypto Interest Account is not a checking or savings account, and it is not covered by insurance against losses. We will lend, sell, pledge, rehypothecate, assign, invest, use, commingle or otherwise dispose of funds and cryptocurrency assets to counterparties, and we will use our commercial best efforts to prevent losses. In certain jurisdictions, cryptocurrency is not legal tender, is not backed by the government, and accounts and value balances are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections. Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of cryptocurrency. Transactions in cryptocurrency may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Some cryptocurrency transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that the customer initiates the transaction. The value of cryptocurrency may be derived from the continued willingness of market participants to exchange government-issued currency for cryptocurrency, which may result in the potential for permanent and total loss of value of a particular cryptocurrency should the market for that cryptocurrency disappear. There is no assurance that a person who accepts a cryptocurrency as payment today will continue to do so in the future. The volatility and unpredictability of the price of cryptocurrency relative to government-issued currency may result in significant loss over a short period of time. The nature of cryptocurrency may lead to an increased risk of fraud or cyber-attack, including rollback attacks or blockchain reorganizations. The nature of cryptocurrency means that any technological difficulties experienced by BlockFi may prevent the access or use of a customer’s cryptocurrency. Any bond or trust account maintained by BlockFi for the benefit of its customers may not be sufficient to cover all losses incurred by customers. In light of these risks, you should carefully consider whether holding cryptocurrency is suitable for you in light of your financial condition.
9. Hard Forks
Any blockchain may undergo software updates from time to time, which will result in a permanent divergence in the blockchain (a “Hard Fork”). The result is that the cryptocurrency on that blockchain will split into two separate and distinct blockchains, the legacy currency and a new currency, which is issued to those holders of the legacy currency on the date of the Hard Fork (the “New Currency”).
Due to the administrative complexity of being the repository for a hard-forked currency, the support of any New Currency in your account is solely at the discretion of BlockFi. If we make no public announcement regarding an attempted Hard Fork, we will not support the New Currency, in which case, all accounts will be denominated in the legacy currency and all interest will accrue in the legacy currency. In the event that a Hard Fork achieves the required consensus, it is possible that we will only support the New Currency and will discontinue our support of the legacy currency.
In the event of a Hard Fork that entitles you to a New Currency, you are advised to withdraw the applicable cryptocurrency from your account prior to the date of the Hard Fork. BlockFi is in no way obligated to monitor or maintain balances of New Currency issued to holders of the applicable cryptocurrency upon a Hard Fork or to credit you for the value of such New Currency. In the event you wish to receive New Currency issued upon a Hard Fork, you are advised to withdraw the applicable cryptocurrency from your account prior to the date of the Hard Fork.
All determinations regarding Hard Forks shall be made by BlockFi in its sole and absolute discretion and in accordance with all applicable law.
10. Consent to Rehypothecate
In consideration for the interest earned on your account, you grant BlockFi the right, subject to applicable law, without further notice to you, to hold the cryptocurrency held in your account in BlockFi’s name or in another name, and to pledge, repledge, hypothecate, rehypothecate, sell, lend, or otherwise transfer or use any amount of such cryptocurrency, separately or together with other property, with all attendant rights of ownership, and for any period of time and without retaining in BlockFi’s possession and/or control a like amount of cryptocurrency, and to use or invest such cryptocurrency at its own risk. You acknowledge that, with respect to assets used by BlockFi pursuant to this paragraph, (i) you may not be able to exercise certain rights of ownership and (ii) BlockFi may receive compensation in connection with lending or otherwise using cryptocurrency in its business to which you will have no entitlement.
11. Ownership of Cryptocurrency
You hereby represent and warrant to us at all times during which you hold cryptocurrency in your Crypto Interest Account that any cryptocurrency used by you in connection with your Crypto Interest Account is owned by you or that you are validly authorized to carry out transactions using such cryptocurrency and that all transactions initiated with your Crypto Interest Account are for your own account and not on behalf of any other person or entity.
C. General Rules Governing Crypto Interest Accounts
All of our actions relating to your account, including these Terms, will be governed by the laws and regulations of the United States and, to the extent not preempted, the laws and regulations of the State of Delaware. Any lawsuit regarding your account must be brought in a proper court in the State of New York, City of New York, Borough of Manhattan. If any part of these Terms is determined to be invalid or unenforceable, such determination will not affect the remainder of these Terms.
We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
All contributions to your Crypto Interest Account must consist of eligible cryptocurrency and must be transferred to the deposit address provided in your BlockFi account application or as otherwise notified by us to you. We have the right to reject any deposit and the right to return a deposit already made. Any deposit received on any business day at or before 11:59 p.m. ET will be treated by us as being received on such business day.
2. Our Relationship with You
These Terms and the deposit relationship do not create a fiduciary relationship between us.
3. Authorized Users
We may follow instructions regarding your Crypto Interest Account if we reasonably believe that you have authorized the instructions.
We will make statements for Crypto Interest Accounts available to you by email and/or online at blockfi.com. All of your Crypto Interest Accounts and (in our discretion) those of any of your affiliates may be combined into one statement.
5. Review of Account Statements
We will make available to you a periodic statement showing the activity on your account and containing information sufficient to allow you to reasonably identify transactions. You must examine the statement and notify us of any unauthorized use or any error or irregularity on the statement within 60 calendar days after the statement is sent or made available to you. If notice is not received within the 60-calendar day period, then we will have no liability to you and the loss will be entirely yours.
6. Notice of Withdrawal; Limits on Withdrawals
We initiate the withdrawal process as quickly as possible but may require up to seven (7) days to process withdrawals from your Crypto Interest Account. Withdrawal limits based on frequency may apply from time-to-time and will be described in your Crypto Interest Account interface.
7. Transfer of Accounts
Accounts are not transferable or assignable in whole or in part.
8. Abandoned/Unclaimed Accounts
BlockFi is required by law to turn over the funds in abandoned or unclaimed customer accounts to the state of your last known residence.
9. Business Day
For purposes of these Terms, our business days are Monday through Friday. Saturdays, Sundays and all federal and New York State holidays are not included.
10. Indemnification and Limitation of Liability; Attorney’s Fees and Costs for Lawsuits
You agree to indemnify and hold us and our affiliates harmless from any losses, damages, suits and expenses, of whatever kind, including reasonable attorneys’ fees, which we may incur in connection with or arising out of your use of your Crypto Interest Account or our activities in connection with such account, your violation of any law, regulation, order or other legal mandate, or the rights of a third party, or any act or omission by your agent, representative or third-party service provider while using your Crypto Interest Account, regardless of whether the specific use was expressly authorized by you. You agree to comply with applicable law and to not use your account for unlawful internet gambling transactions or any other transaction or activity that is illegal or violates applicable regulations or rules of any applicable self-regulatory organization. Please note, your agreement to comply includes United States federal and state economic sanctions laws and regulations, including those issued by the Office of Foreign Assets Control of the U.S. Department of the Treasury and Executive Orders issued by the President of the United States.
We are not liable to you for claims, costs, losses or damages caused by an event that is beyond our reasonable control (e.g., the acts or omissions of third parties, natural disaster, emergency conditions, government action, equipment or communications malfunction). We are not liable for special, incidental, exemplary, punitive or consequential losses or damages of any kind. Any amounts owed or liabilities incurred by us (“Obligations”) may be satisfied solely from the assets of BlockFi Lending LLC. Without limiting the generality of the foregoing, in no event shall you have any recourse, whether by setoff or otherwise, with respect to any amounts owed or liabilities incurred, to or against any assets of any person or entity other than BlockFi Lending LLC for Obligations, including, without limitation, any member, affiliate, investor, employee, officer, agent or advisor of BlockFi Lending LLC.
We reserve the right to limit access to your accounts, which can include temporarily or permanently removing your online access, restricting your account and/or closing your accounts without prior notice to you unless prior notice is required by law. We do not bear liability for such actions. In addition, BlockFi reserves the right to withhold or delay the withdrawal of funds or assets belonging to you if you fail to comply with these Terms.
Our liability to you for a claim is limited to the face value of the item or transaction, or the actual value of any funds not properly credited or debited.
11. Conflict/Disputes Involving Your Account
We are not liable to you for errors that do not result in financial loss to you. We may take any action authorized or permitted by these Terms without being liable to you, even if such action causes you to incur fees, expenses or damages.
If third parties make claims on your account, or if we receive conflicting instructions from authorized signers, or if we become involved in or concerned about a dispute between you and an authorized signer, we have discretion to react in ways we believe to be appropriate, including by closing your account and returning the cryptocurrency deposited therein or interpleading funds to court. You are liable for all expenses and fees we incur for such conflicts or disputes, including internal costs and attorneys’ fees, and we may charge them to your account.
12. Legal Process Affecting Accounts
If legal action such as an attachment, garnishment, levy or other state or federal legal process (“legal process”) is brought against your account, we may refuse to permit (or may limit) withdrawals or transfers from your account until the legal process is satisfied or dismissed. Regardless of the terms of such attachment, garnishment, levy or other state or federal process, we have first claim to any and all funds in your account. We will not contest on your behalf any such legal process and may take action to comply with such legal process as we determine to be appropriate in the circumstances without liability to you. If we incur any expenses, including without limitation, reasonable attorney fees, in connection with any such legal process, we may charge any expenses and fees to your account or any other account you may have with us without prior notice to you, or we may bill you directly for such expenses and fees. Any garnishment or other levy against your account is subject to our right of setoff and security interest.
13. Setoff and Security Interest Rights
You grant us a security interest in any and all of your accounts with us for obligations owing to us or any of our affiliates by any owner of any of your accounts. These obligations include both secured and unsecured debts and debts you owe individually or together with someone else, including debts and obligations under other transactions or agreements between you and us or any of our affiliates. We may take or set off funds in any or all of your accounts, or transfer funds between any or all of your accounts, with us or any of our affiliates for direct, indirect and acquired obligations that you owe us or our affiliates, including any balances as a result of not having sufficient funds available, regardless of the source of funds in an account. These rights are in addition to other rights we have to take, transfer or charge funds in your account for obligations you owe us or our affiliates. We may consider these Terms as your consent to BlockFi’s asserting its security interest or exercising its right of setoff should any laws governing your account require your consent. If the law restricts our ability to take, transfer or setoff funds in your account, or if some deposits are protected from attachment, levy or legal process, to the extent that you may do so by contract, you waive those conditions and limits and authorize us to apply funds in any or all of your accounts with us to obligations you owe us. Exercising these rights may result in early withdrawal penalties.
14. Change of Address
You must promptly notify us of any change in your residential mailing or email address. Failure to notify us may result in delay or non-receipt of BlockFi correspondence.
15. Recording and Monitoring Telephone Calls and Electronic Communications
We may record and monitor our telephone conversations with you and your electronic communications with us (chat, e-mail and other forms of electronic exchange). Unless the law requires otherwise, you consent in advance to such recording and monitoring and we do not need to remind you of these activities.
We may delay or waive any rights we have under these Terms. If we delay or waive our rights, you are still obligated to pay us fees and other amounts you may owe us under these Terms. Any delay or waiver of our rights applies only to the specific instance in which we decide to delay or waive the provision and does not affect our future rights in any way.
17. Changes in Terms
Please be aware that accounts or services can change over time. We reserve the right to discontinue or make changes to accounts or services. We may change these Terms, and we may add to or delete from these Terms, and the updated agreement will supersede all prior versions. We will provide notice of changes, additions, and deletions as required by law. If we have provided advance notice and you do not agree with a change, you may close your account(s) before the effective date of the change, addition or deletion. Your continued maintenance of your account following the effective date of any change, addition or deletion will be subject to these Terms as so modified.
18. Digital Images, e-Signatures, & Facsimile Signatures
We accept digital images, e-signatures, and facsimile signatures for documents that need to be signed. However, we will not be liable if use of a device was unauthorized or if the size, color or quality of the signature is different from that of any signature previously presented to us. If a facsimile signature is used for a withdrawal from your account, you are responsible for any withdrawal from your account when the facsimile signature resembles or purports to be the signature of a person authorized to make withdrawals from your account. You agree to reimburse us (and we may charge your account) for all claims, costs, losses and damages, including reasonable attorneys’ fees, that result from our payment of a withdrawal accompanied by a facsimile signature or by a facsimile or digital image that we otherwise believe you authorized.
19. Closing an Account
We have the right to close your Crypto Interest Account at any time for any reason without advance notice. In addition, your account will be closed automatically if we do not receive your initial deposit of funds to your Crypto Interest Account within sixty (60) days of the date on which your account is opened. If your account has a balance when we close it, we will return the remaining crypto assets to you, including accrued interest earned until the close date, less any applicable penalty, unless prohibited by applicable law.
D. Electronic Services
Our platform allows you to review your accounts and conduct certain other transactions online. You must maintain adequate security and control of any and all IDs, passwords, hints, or any other codes that you use to access your Crypto Interest Account through our online platform. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your Crypto Interest Account. We assume no responsibility for any loss that you may sustain due to compromise of your sensitive information.
2. Liability for Unauthorized Transfers from Your Account.
Tell us AT ONCE if you believe that an electronic transfer has been made without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the funds in your account (plus any other BlockFi account you own). Also, if your statement shows transfers that you did not make, tell us at once. Call us immediately at the following toll-free number: 888-798-6139. You accept all risks of unauthorized access and use of your Crypto Interest Account.
3. Liability for Failure to Make Transfers
If we do not complete a transfer to or from your account(s) on time or in the correct amount according to our agreement with you, we will be liable for your actual losses or damages. However, there are some exceptions. We will not be liable, for instance:
- If, through no fault of ours, you do not have enough funds in your account to make the transfer.
- If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
- In the case of preauthorized credits, if the data from the third party is not received, is incomplete or erroneous.
- If your account is not in an active status.
There may be other exceptions stated in our agreement with you.
4. Disclosure of Account Information.
We will disclose information to third parties about your account or the transfers you make:
- Where it is necessary for completing transfers; or
- In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
- If you give us your written permission; or
- If we close your account due to a deficient balance, excessive instances when you do not have sufficient funds in your account or to protect or enforce our legal rights; or
- In order to comply with government agency or court orders; or
5. In Case of Errors or Questions
Call us at 888-798-6139, as soon as you can, if you think your statement is wrong or if you need more information about an item listed on the statement. We must hear from you no later than sixty (60) days after we send you or make available to you the FIRST statement on which the problem or error appeared.
- Tell us your name and account number.
- Describe the error or the item you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information.
- Tell us the amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing, and/or we may request additional information, within ten (10) business days. We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the funds during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing, or request additional information, and do not receive it within ten (10) business days, we may not credit your account. For errors involving new accounts, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error. We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
Questions or Comments Our Contact Information
If there are any questions regarding our Terms of Service you may contact us using the following information:
BlockFi 86 Chambers Street, Suite 205
New York, NY 10007
Effective Date: 11/16/17
Last Modified: 1/22/19