Terms & Conditions

Last modified: September 9th 2024

  • Overview
  • 1. Eligibility
  • 2. Privacy and KYC
  • 3. Accounts and Registration
  • 4. Smart Vault Services
  • 5. Platform Fees and Payment Terms
  • 6. Concierge and Signature Services
  • 7. Additional Policies
  • 8. Respecting Other People’s Rights
  • 9. Account Security
  • 10. Modification of These Terms
  • 11. Testimonials and Comments
  • 12. Prohibited Conduct
  • 13. Third-Party Sites
  • 14. Mobile and Data Charges
  • 15. Termination; Terms of Service Violations
  • 16. Ownership; Proprietary Rights
  • 17. Consent to Electronic Transactions and Disclosures
  • 18. Indemnification
  • 19. Warranties and Disclaimers
  • 20. Limitation of Liability and Damages
  • 21. Force Majeure
  • 22. Miscellaneus

Overview

These Terms of Service (“Terms”) govern your use of the 21st Capital website and the services offered through it (collectively, the “21st Capital Services”). By using or accessing our website or services, you agree to be bound by these Terms. Please read them carefully.

If you do not agree with these Terms, you should not use any of the 21st Capital Services. By clicking “I Agree,” using, configuring, or accessing the site or any 21st Capital Services, you confirm that you have read, understood, and accepted these Terms and our Privacy Policy.

1. Eligibility

To access and use 21st Capital Services, you must:

  • Be at least 18 years old.
  • Be a citizen and resident of the country you declare during registration.
  • Ensure that your use of the services is legal within your jurisdiction.

2. Privacy and KYC

We respect and value your privacy. Our privacy policy outlines how we collect, use, and protect your data. While we advocate for privacy, for Smart Vault Services, we may require Know Your Customer (KYC) and identity verification documents to enhance security and protect the integrity of the service.

For Self-Custody Guidance Services, we do not collect KYC information, and these services are offered anonymously to maintain your privacy.

Please refer to our Privacy Policy for more information on how your personal data is handled.

Clients engaging with 21st Capital acknowledge and agree that any financial decisions made are solely their own responsibility. We do not assume any liability for the consequences of such decisions. It is highly recommended that clients conduct their own research or seek professional advice before making any financial transactions.

By using our services, clients affirm that they understand the inherent risks involved in financial markets and accept full responsibility for their investment actions. 21st Capital shall not be held liable for any losses incurred as a result of decisions made based on information provided through our platform.

We strongly advise clients to exercise caution and diligence when navigating financial markets. Our role is to provide access to information and tools, but ultimate decision-making authority rests with the individual client.

3. Accounts and Registration

To use 21st Capital services, you may need to create an account. You are responsible for maintaining the accuracy of the information provided during registration and for safeguarding your account credentials.

We may suspend or terminate your account if any false, inaccurate, or incomplete information is detected.

4. Smart Vault Services

4.1 Collaborative Custody Model
The Smart Vault operates on a multi-signature custody model where 21st Capital holds one key and you, the Subscriber, hold two keys. At least two keys are required to authorize any transaction from the vault.

4.2 Safety Net Activation
In the event that you lose access to your keys, the Safety Net feature can be activated after a preset number of Bitcoin blocks. This time frame resets with every transaction signed.

4.3 Vaults and Vault Addresses
The Smart Vault Services allow you to create Bitcoin digital vaults (each, a “Vault”) and associated addresses (each, a “Vault Address”) for the storage of Bitcoin. The Vault Services and the Platform do not store, send, or receive Bitcoin or any other form of currency. Instead, the Vault Services and Platform provide the tools to interface with the Bitcoin blockchain, enabling you to track balances deposited into your Vault Address and to authorize transfers of Bitcoin from your Vault Address.

4.4 Customer Key Objects and Signing Requests
Any transfer of Bitcoin from your Vault Address requires a quorum of private keys linked to the public key(s) associated with the Vault. 21st Capital holds one key as part of the collaborative custody model, while you hold two keys, ensuring that 21st Capital cannot unilaterally execute a transfer from your Vault. Transfers from your Vault require at least two keys for authorization.

Once a signed transaction is broadcast to and validated by the Bitcoin network, it cannot be canceled or reversed through the Platform. Bitcoin transactions are considered final once they are confirmed on the Bitcoin blockchain, regardless of when they are initiated on the Platform. You may use the Platform to sign and broadcast transfers of Bitcoin from your Vault Address to an address of your choosing, or you may submit a Signing Request to 21st Capital to co-sign the transaction.

If you lose access to a quorum of your Vault’s keys, including any necessary passwords, PIN numbers, or passphrases, your Bitcoin may become permanently inaccessible, and 21st Capital will not be able to assist in recovering your Bitcoin.

4.5 Key Replacement Requests
If any hardware wallet associated with your Vault keys is lost, stolen, or otherwise compromised, you must immediately use the Platform to create a request to replace that key with a new key generated using a secure hardware wallet (a “Key Replacement Request”).

4.6 Processing of Signing Requests and Key Replacement Requests
When you submit a Signing Request or Key Replacement Request to 21st Capital, we will verify your identity and the authenticity of the request. This verification process will be conducted according to our internal Standard Operating Procedures (SOP). We will rely on any instruction or authorization that we determine, in good faith, to be valid and authorized by you.

21st Capital may refuse to co-sign any Signing Request or fulfill any Key Replacement Request that we have reason to believe is unauthorized or in violation of applicable laws. Although we strive to review Signing Requests promptly during normal business hours, 21st Capital does not guarantee a specific processing time, especially in cases where authentication is problematic or there are Bitcoin network issues beyond our control.

4.7 Security Measures and Indemnification
By using our Smart Vault Services, you agree to indemnify and hold 21st Capital and its affiliates, officers, directors, agents, and employees harmless from any liability, loss, or damages arising from unauthorized or invalid Signing Requests or Key Replacement Requests, provided 21st Capital acts in good faith and follows its SOP. If a third party impersonates you or gains unauthorized access to your vault and initiates a transaction, 21st Capital is not liable for any resulting financial loss.

5. Platform Fees and Payment Terms

5.1. Platform Fees Based on Tiers
Your use of 21st Capital Services, including the Smart Vault, is subject to platform fees, which depend on the amount of Bitcoin you store with us. During the onboarding process, you are required to select a tier that corresponds to your Bitcoin balance. There are four tiers:

  • Tier 1: 0.1 – 1.0 BTC
  • Tier 2: 1.0 – 10.0 BTC
  • Tier 3: 10.0 – 50 BTC
  • Tier 4: > 50 BTC

The platform fee is a fixed USD amount, billed monthly, and locked in for a minimum commitment period of 12 months. You are required to notify 21st Capital immediately if your Bitcoin balance increases or decreases to a level that changes your tier. Should your tier change, 21st Capital reserves the right to adjust your fees accordingly.

Please refer to the 21st Capital Pricing Page for the latest details on fee amounts. The platform fee is subject to change if you change tiers, but fees remain fixed for the remainder of your 12-month commitment unless such a change is triggered by a tier adjustment.

5.2. Monthly Calculation of Platform Fees
Platform fees for Smart Vault services are based on the tier you select during onboarding and are billed as a fixed monthly USD amount for the duration of the 12-month period. You are responsible for ensuring that your tier accurately reflects your Bitcoin balance, and you must notify 21st Capital if your holdings increase or decrease beyond the limits of your chosen tier.

5.3. Refund and Cancellation Policy
All subscription fees charged at the beginning of a period are non-refundable. If you choose to cancel your subscription during the commitment period, the cancellation will take effect at the end of the current prepaid period, and no refunds will be issued for that period. You are committed to the fees and service for a minimum of 12 months from the date of onboarding.

5.4. Fee Adjustments
21st Capital reserves the right to adjust fees when your balance changes and triggers a shift in tiers. Any changes will be communicated in writing and will take effect from the start of the next billing cycle. It is your responsibility to notify 21st Capital immediately if your balance moves you into a new tier.

5.5. Payment Methods
By using 21st Capital Services, you agree to pay all fees based on the agreed tier pricing. You authorize us to charge your chosen payment method, and you are responsible for providing accurate payment information. Should your payment method fail or if you fall behind on payments, 21st Capital may suspend or refuse services, including co-signing transactions or processing key replacement requests, until payment is made.

5.6. Third-Party Payments
If you choose to contract with a third party to cover any fees, their failure to make payment does not release you from your obligation. Should a third party fail to pay, you remain responsible for the outstanding amount.

5.7. Promotional Offers and Free Trials
Any promotional offers or free trials are governed by their own terms, and you must cancel before the end of the trial period to avoid charges. If you do not cancel, you will be billed based on the subscription plan at the end of the trial period.

6. Concierge and Signature Services

6.1 Customer Service and Technical Support
21st Capital may, for a fee, provide enhanced customer service, advanced technical support, and technical training (hereinafter referred to as “Concierge Services”). 21st Capital will make commercially reasonable efforts to provide support in a professional manner. However, we do not guarantee the efficacy, availability, or specific response time related to Concierge Services. 21st Capital disclaims warranties with respect to Concierge Services, as further outlined in our general terms. You fully indemnify and hold harmless 21st Capital, as well as its officers, directors, agents, employees, successors, and assigns, from any loss of funds or other financial consequences related to support received through Concierge Services.

6.2 Educational Services
Concierge Services may include training on how to operate the Platform, interact with the Bitcoin blockchain, manage and store private keys, use supported hardware, or other matters (referred to as “Educational Services”). Certain Educational Services may also be offered at no cost, such as through webinars. Educational Services are provided solely for educational purposes. You fully indemnify and hold harmless 21st Capital from any loss of funds or other financial consequences related to the implementation of any knowledge gained from Educational Services.

6.3 Hardware
21st Capital may make certain hardware available for purchase, solely as a convenience to you. You are not obligated to purchase any hardware from 21st Capital in order to use our services. 21st Capital disclaims all warranties regarding the suitability, quality, or merchantability of hardware to the fullest extent allowed by law. Any disputes regarding hardware should be addressed directly with the manufacturer. You fully indemnify and hold harmless 21st Capital from any consequences, financial or otherwise, stemming from the use of hardware purchased through us, whether it functions properly or not.

6.4 Time Limitations

If you pay a fee entitling you to a specified number of telephonic or video consultations as part of Concierge Services, 21st Capital reserves the right to require that these consultations be scheduled within a specified timeframe. This timeframe will be 30 days or greater from the time of payment. If you fail to schedule within this timeframe, any fees paid will be non-refundable.

Should you schedule a consultation, it is subject to any commercially reasonable cancellation or rescheduling policies communicated to you by 21st Capital, which may include forfeiture of fees in the event of noncompliance. Cancellations made less than 24 hours before the scheduled consultation time are non-refundable.

6.5 21st Elite

21st Capital may, at its discretion, offer a subscription-based service called 21st Elite. This subscription may require a minimum commitment period and provides access to certain enhanced customer service, special services, live or remote video events, and product discounts (collectively referred to as “Perks”) during the subscription period (the “Perk Period”). No specific type or amount of Perks is guaranteed during the Perk Period, and 21st Capital may modify or change the Perks available with notice to you. All Perks are provided at the sole discretion of 21st Capital.

During the Perk Period, 21st Capital will not charge fees for Key Signing Requests or Key Replacement Requests, as long as the total number of such requests does not exceed a specified limit (e.g., four requests per month). Requests exceeding this limit may incur additional fees.

21st Capital will make commercially reasonable efforts to prioritize 21st Elite member requests over non-urgent requests from other users, but no specific processing time for Key Signing or Key Replacement Requests is guaranteed. 21st Capital reserves the right to designate any request as “urgent” at its sole discretion, regardless of membership status.

All fees paid for the 21st Elite subscription are non-refundable, even if the types or amounts of Perks change during the Perk Period, or if the subscription is canceled or terminated prior to the end of the Perk Period.

Benefits related to 21st Elite are limited to the individual or entity subscribing to the service (the “Elite Subscriber”). However, 21st Capital may, at its discretion, offer certain discounts to additional accounts associated with the Elite Subscriber, such as trusts for estate planning purposes or affiliate entities of a business subscriber.

7. Additional Policies

When using any of the 21st Capital Services, you will be subject to any additional posted policies, guidelines, or rules applicable to the website and the other 21st Capital Services. These policies may be posted and modified from time to time (collectively referred to as the “Policies”). All such Policies are hereby incorporated by reference into these Terms. For current policies and guidelines, refer to our Pricing Page and other sections of our website.

8. Respecting Other People’s Rights

21st Capital respects the rights of others and expects you to do the same. You may not post or share content that:

  • Violates or infringes on someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property rights;
  • Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, offensive, or otherwise inappropriate as determined by 21st Capital;
  • Is false, misleading, untruthful, or inaccurate;
  • Includes identification documents or sensitive financial information of anyone;
  • Impersonates any person or entity, including any 21st Capital employees or representatives; or
  • Spams or solicits other Users.

9. Account Security

When you access and use any of the 21st Capital Services, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your devices. You agree to accept responsibility for all activities that occur under your account or password.

You agree to provide true, accurate, and current information during registration and to update it as needed. If your email or other contact information changes, you must update your account within 72 hours to avoid miscommunication.

If you suspect unauthorized use of your account or loss of security credentials, you must immediately notify 21st Capital at [email protected]. You may be liable for losses incurred by 21st Capital or others due to unauthorized use of your account.

10. Modification of These Terms

21st Capital reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms on the website or through other 21st Capital Services. When these Terms are updated, the “last updated” date will be modified at the top of the Terms. Please check these Terms periodically for changes. Your continued use of 21st Capital Services after the posting of changes constitutes your binding acceptance of the revised Terms.

If at any time you do not agree with the updated Terms, you should immediately stop using all 21st Capital Services. To the extent that any modifications to the Terms or Policies are not allowed under applicable laws, the most recent prior version of the Terms shall continue to apply.

11. Testimonials and Comments

21st Capital may request or permit the submission of testimonials and other comments (including written, audio, or video forms) regarding our services (collectively, “Testimonials”). By submitting any Testimonial, you grant 21st Capital unrestricted rights to use your Testimonial, along with your name, for advertising and other purposes without compensation. This includes displaying, distributing, and using your Testimonial across any media.

12. Prohibited Conduct

By using any of the 21st Capital Services, you agree not to:

12.1 Decipher, decompile, disassemble, modify, translate, reverse-engineer, or otherwise attempt to derive source code, algorithms, tags, specifications, architectures, or other elements of any of the 21st Capital Services (except where such restrictions are unenforceable under your jurisdiction).

12.2 Use any of the 21st Capital Services for the benefit of anyone other than yourself, including selling, reselling, distributing, hosting, licensing, or sublicensing any of the 21st Capital Services.

12.3 Provide services to any third party using the 21st Capital Services, except in accordance with these Terms.

12.4 Create any derivative work based on any of the 21st Capital Services.

12.5 Reproduce, modify, adapt, or otherwise alter any part of the 21st Capital Services.

12.6 Copy, disclose, or distribute any data obtained through the 21st Capital Services in any medium, including “screen scraping” or “database scraping.”

12.7 Interfere with, circumvent, or disable any security features of the 21st Capital Services, or attempt to gain unauthorized access to any systems or networks.

12.8 Send unsolicited offers, advertisements, or spam to other Users.

12.9 Use bots or automated methods to access any of the 21st Capital Services, send messages, or perform activities.

12.10 Use 21st Capital Services for unlawful activities, such as gambling, pornography, or harassment.

12.11 Simulate the appearance or function of any 21st Capital Services through framing, mirroring, or pop-up windows.

12.12 Take any action that imposes, in 21st Capital’s sole determination, an unreasonable load on its infrastructure.

12.13 Deep-link to any of the 21st Capital Services without prior consent.

12.14 Share or disclose someone else’s information without their consent.

13. Third-Party Sites

The 21st Capital Services may contain links or references to third-party websites or services (“Third-Party Sites”) solely for convenience. 21st Capital does not endorse or assume any responsibility for Third-Party Sites, and accessing or using them is at your own risk. Any dealings with third-party service providers, advertisers, or other entities found through 21st Capital are solely between you and such third parties.

14. Mobile and Data Charges

You are responsible for any mobile or data charges incurred from using 21st Capital Services, including any messaging fees. Please verify potential charges with your service provider.

15. Termination; Terms of Service Violations

15.1 Termination by 21st Capital
21st Capital reserves the right, in its sole discretion, to suspend or terminate your use of the 21st Capital Services or any associated accounts without prior notice if you violate these Terms or for any other reason. 21st Capital may also remove your account, user profile, or other data. In such cases, 21st Capital will not be liable to you or any third party for the termination of your account or access. Any suspected illegal activities may be referred to law enforcement.

15.2 Termination by You
Your sole remedy for dissatisfaction with 21st Capital Services or these Terms is to discontinue using the services and terminate your account. You may terminate your use of 21st Capital Services at any time.

16. Ownership; Proprietary Rights

The 21st Capital website and related services, including all content, visual interfaces, design, code, and related materials, are protected by intellectual property laws and are owned by 21st Capital. You agree not to copy, modify, publicly display, or create derivative works from any of the content or services without permission. All rights not expressly granted to you are reserved by 21st Capital.

17. Consent to Electronic Transactions and Disclosures

By using 21st Capital Services, you consent to receive all communications, notices, agreements, and other disclosures electronically via the 21st Capital website or email. It is your responsibility to ensure that your contact information is up to date. You may request paper copies, but doing so may incur additional fees.

18. Indemnification

You agree to indemnify and hold 21st Capital, its affiliates, officers, and employees harmless from any claims, losses, or liabilities arising from your use or misuse of the 21st Capital Services, violation of these Terms, or any infringement by you or others using your account.

19. Warranties and Disclaimers

19.1 Warranties
21st Capital warrants that it will perform its services in a professional and commercially reasonable manner.

19.2 Disclaimer of Warranties
Except as outlined in section 23.1, all services are provided “as is” without any additional warranties. 21st Capital does not guarantee the availability, accuracy, or completeness of its services, nor does it warrant that services will meet your specific requirements.

19.3 Limitation of Warranties
To the fullest extent permissible by law, 21st Capital disclaims all implied warranties, including warranties of merchantability and fitness for a particular purpose.

20. Limitation of Liability and Damages

20.1 Limitation of Liability
21st Capital shall not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of its services, even if advised of the possibility of such damages. In jurisdictions that do not allow such limitations, 21st Capital’s liability is limited to the fullest extent permitted by law.

20.2 Limitation of Damages
In no event will 21st Capital’s total liability exceed the amount paid by you, if any, for the services in the preceding 12 months or $50, whichever is greater

21. Force Majeure

21st Capital will not be held liable for any delay or failure to perform its obligations caused by events beyond its reasonable control, including but not limited to natural disasters, government actions, or failure of third-party services.

22. Miscellaneous

22.1 Notice
21st Capital may provide you with notices, including those required by law, via email, regular mail, or postings on the 21st Capital website or services. Notices sent via email will be considered given 24 hours after the email is sent unless 21st Capital is notified that the email address is invalid. If sent by regular mail, notices will be deemed given three days after the date of mailing. Notices posted on the website or within the services are deemed given upon your first use of the services after the posting.

22.2 Waiver
The failure of 21st Capital to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision will be effective only if in writing and signed by 21st Capital.

22.3 Consultation and Disclaimer
You acknowledge that you have had the opportunity to consult with an attorney, tax advisor, and/or investment advisor. 21st Capital does not provide any legal, tax, or investment advice of any kind.

Bitcoin is a highly volatile asset that involves a high degree of risk. You represent that you have the necessary experience, understanding, and financial capacity to bear the risks associated with purchasing, holding, and managing Bitcoin. You understand and accept that there is a potential for a total loss of value. 21st Capital does not provide any investment advice, and you should consult with an investment advisor for any investment-related decisions.

22.4 Forks
The Bitcoin blockchain may undergo splits, known as “Forks,” which can result in the creation of new digital assets (each, a “Forked Asset”). Additionally, third parties may distribute crypto assets to Bitcoin addresses (commonly referred to as “Airdrops”). In the event of a Fork or Airdrop related to a Bitcoin address managed by 21st Capital, 21st Capital, in its sole discretion, may determine which version of Bitcoin will be supported.

You acknowledge that 21st Capital is unlikely to support most Forked Assets, and those assets may not be made available to you. 21st Capital is not required to support Forked Assets and is under no obligation to assist in claiming or securing them. If a Forked Asset requires action from 21st Capital, and 21st Capital does not support the asset, you may lose the value associated with the Forked Asset.

If 21st Capital decides not to support a Forked Asset, the company may, at its discretion, allow a one-time withdrawal of the Forked Asset, but such withdrawal may incur fees. 21st Capital will notify you if it permits such a withdrawal, but it is under no obligation to do so.

You agree and understand that 21st Capital holds no liability regarding any Forked Asset or Airdrop unless explicitly communicated otherwise. You also agree to consult your own tax advisor regarding any tax obligations arising from Forked Assets.

22.5 Complaints
If you have any questions, concerns, or complaints about the 21st Capital Services, please contact our Client Services team at [email protected]. We aim to resolve complaints within 15 days, but if further investigation is required, we will inform you of the resolution deadline, which will not exceed 35 business days from when you submit your written complaint.

22.6 Dispute Resolution

(a) Choice of Law
These Terms are governed by the laws of the United Arab Emirates (UAE), without regard to its conflict of law principles. You agree to waive any right to a trial by jury in any legal action arising from these Terms.

(b) Arbitration and Class Action Waiver
You agree that any disputes between you and 21st Capital arising out of or related to these Terms or the 21st Capital Services shall be resolved by binding individual arbitration under the rules of the Dubai International Arbitration Centre (DIAC). The arbitration shall be conducted in English and held in Dubai, UAE, with one arbitrator. Neither you nor 21st Capital will participate in a class action or class-wide arbitration. You are giving up your right to participate as a class representative or class member.

(c) Judicial Forum for Disputes
If the arbitration agreement is found not to apply to you or your claim, you and 21st Capital agree that any judicial proceedings must be brought in the courts of Dubai, UAE.

(d) Prevailing Party
In any legal or arbitration proceeding, the prevailing party shall be entitled to recover reasonable attorneys’ fees and court costs in addition to any other relief awarded.

(e) Limitation on Time to File Claims
Any claim or cause of action arising out of these Terms or related to the 21st Capital Services must be filed within two years after the claim arises, or it will be permanently barred.

22.7 Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

22.8 Assignment
You may not assign these Terms or any rights or obligations under them without the prior written consent of 21st Capital. 21st Capital may assign these Terms or any rights or obligations under them at any time without notice.

22.9 Survival
Upon termination of your use of 21st Capital Services, any provisions of these Terms which, by their nature or express terms, should survive, will survive.

22.10 Headings
Headings are for convenience only and shall not affect the interpretation of these Terms.

22.11 Entire Agreement
These Terms, along with the Privacy Policy and any additional terms applicable to specific services, constitute the entire agreement between you and 21st Capital concerning the subject matter and supersede any prior agreements or communications.

22.12 Third-Party Beneficiaries
These Terms are intended solely for the benefit of you and 21st Capital. No third-party beneficiary rights are conferred on any other party, except as expressly provided.

22.13 Geographic Restrictions
Certain 21st Capital services may not be available in all jurisdictions. If you attempt to access services in a restricted jurisdiction, you do so at your own risk, and 21st Capital disclaims any liability related to such access.