I have read the
and agree that Bitbond GmbH will use the personal data that I submitted for the purpose of facilitating
loans on its platform. I was informed that I can withdraw this agreement at any any time without disadvantages.
I was assured that my data privacy interests will be safeguarded without restrictions. A submission of my data
can only be done to the bodies mentioned in the privacy statement or to lenders if I don't meet my repayment
obligations as a borrower.
The use of the website www.bitbond.com and related services is subject to
- I. General conditions
- II. Conditions for borrowers
- III. Conditions for lenders
- IV. Technical framework
- V. Privacy, contract termination, liability
- VI. Other conditions
- VII. Information according to § 312c BGB in connection with 246 §§ 1, 2 EGBGB and § 312g BGB
We, the Bitbond GmbH, registered at the trade register
Amtsgerichts Charlottenburg under the number HRB 146980 B,
Schillerstr. 35, 10627 Berlin, Germany ("Bitbond"), represented by the
managing director Radoslav Albrecht, operate a virtual online-marketplace ("marketplace")
for brokering contracts for the use of the digital currency bitcoin ("bitcoin loans").
We broker bitcoin loans between marketplace participants ("users"), who want to use
bitcoins for a specific time period and pay interest ("borrowers") and marketplace participants
who want to lend bitcoins to other people for interest ("lenders"). We are not a contract
party in the brokered bitcoin loans. Before brokering bitcoin loans we assess the
creditworthiness of the borrower ("rating"). The borrower pays a rating fee for this
assessment of creditworthiness and an origination fee if a bitcoin loan gets
By connecting borrowers and lender directly we have three goals: We want individuals and business
owners to get access to bitcoins as a means of funding, moreover we want to create the
opportunity to earn interest income on bitcoins and we want to contribute to a more stable
global financial system by dispersing credit risk more broadly and by creating
funding solutions with matched maturities.
Generally a bitcoin loan is denominated to a specific amount of bitcoins.
Alternatively a loan can also be denominated in US dollars (= exchange rate pegged loan, "ERP-loan"),
but also in this case the lender lends bitcoins to the borrower.
The repayment of lent bitcoins
and the interest payment occurs according to the agreement between borrower and lender
either as a bullet payment at maturity of the loan or in recurring installments.
Bitcoin loans (also in the case of ERP-loans) are treated like in-kind loans according to § 607 of the German
Civil Code (Bürgerliches Gesetzbuch - BGB), this means both, repayment of principal
and interest payments are to be made in bitcoins.
The following rules apply for the relationship between Bitbond and the user:
I. General conditions
§ 1 Scope of these terms, conclusion of the contract
accessed and printed at any time.
at any time, when this becomes necessary due to technical developments. Material
contract components, especially the main due services that would be subject of an
adjusted contract, are not subject to this condition. Bitbond will inform the user
three weeks before the effective date of changes via email. The change message
will contain a notification about the option and the deadline for rejection as well as
the meaning and consequences of an unexecuted rejection. If the user does not
following the day of the change message. In case of a rejection, both Bitbond and
the user have a special right to dismiss the contract with immediate effect;
a rejection by the user is regarded as a dismissal.
The contractual relationship between the user and Bitbond remains unaffected
from changes, service interruptions and/or limitations of the contractual
relationship from brokered bitcoin loans.
§ 2 Registration, set-up of a personal section
The use of the marketplace is only possible after a registration. At registration the
user has to state an email address as a username and choose a password.
Before users can get or fund bitcoin loans they need to state the following information:
- Name and surname,
- a secure password chosen by the user,
- as a borrower information about their financial circumstances (§7).
By completing the registration the user offers the completion of a contract of use
of the marketplace
Bitbond accepts this offer by granting the user access to the marketplace. Through this
As part of their registration users set up their personal area of the marketplace.
This area contains all necessary user information to use the marketplace.
The rights from this contract and the personal area are not transferable. Users are
required to keep their password secret and to change the password immediately
if there is a certain likelihood that third parties might have access
to the password. Bitbond will never ask users for their password, neither by
email nor by telephone. Therefore users will never reveal their password by phone
or by email, even if an email or telephone call makes the impression to be
coming from Bitbond.
During the registration users are required to state correct and complete information
about themselves. This data is stored in the personal area which is only accessible
by the user.
Users inform Bitbond immediately about any changes of the stated data. This especially
applies to contact information. Borrowers with ongoing loan listings
(§ 9 section 1) or ongoing bitcoin loans will immediately inform Bitbond
about changes in their personal financial information.
Right to contract revocation
You can terminate the closure of this contract within 14 days without having to state any reasons
in written form (e.g. by mail, fax or email). The deadline begins after receiving this
right to contract revocation in written form, but not before closure of the contract
and also not before our fulfillment of our information obligations according to article
246 § 2 in connection with § 1 section 1 and 2 EGBGB as well as according to § 312g section 1
sentence 1 BGB in connection article 246 § 3 EGBGB. To remain within the revocation deadline
the timely sending of the revocation by mail to Bitbond GmbH,
Schillerstrasse 35, 10627 Berlin or via email to [email protected] is sufficient.
Consequences of revocation
In case of a valid contract revocation received services on both sides are to be returned
and utilizations (e.g. interest payments) are to be given back. If you are not able to return
received services in full or partially or only in a deteriorated state you are required to
provide us with a replacement. This might mean that you are required to fulfill your
contractual payment obligations for the time period until the contract revocation. Obligations
regarding the refund of payments must be fulfilled within 30 days. The deadline begins with
the sending of the contract revocation, for us it begins with the reception thereof.
In case of a revocation of this distance selling contract you are also not bound to an
attached distance selling contract if that contract includes a further service by us
or a third party based on an agreement between us and the third party.
§ 3 Functioning and use of the marketplace
Users can act as a borrower and/or as a lender on the marketplace. As borrowers
users can use borrowed bitcoins or as lenders user can lend bitcoins to borrowers
and thereby earn an interest income on these bitcoins.
Bitbond runs the marketplace to broker the closure of bitcoin loan contracts.
Lenders can also use AutoInvest to find suitable borrowers and loans.
With AutoInvest Bitbond provides and algorithm that brokers loans according to
criteria that were specified by the lender.
In addition to that Bitbond offers user additional paid services that are related
to brokering bitcoin loan contracts. This especially includes the rating of borrowers
(see also § 7), which is a prerequisite for a bitcoin loan. This means that
Bitbond acts in four different functions:
- as a broker of bitcoin loans,
- as a provider of the technical platform of the marketplace,
- as a service provider for the administration of bitcoin loans as well as
- a provider of additional paid services, especially ratings.
§ 4 General rules for borrowers and lenders
To protect the privacy of all of all users, both borrowers and lenders generally
The user receives a personal identification number from Bitbond ("user ID"), by which
borrowers and lenders are identifiable for Bitbond. Bitbond will disclose the
identity of the respective counterparty if a party requests this in written form
and if the party proofs that the disclosure is necessary for the enforcement of rights
and/or protectable interests versus the user or versus third parties.
Users can look up their data in their personal site section which is only accessible
To make the closure of bitcoin loan contracts as convenient as possible all bitcoin loans
are standardized and contain this minimum set of information:
- user ID of the borrower and user ID(s) of the lender(s)
- the amount of lent bitcoins (loan amount)
fee for the use of bitcoins expressed as a per annum (p.a.) interest rate
of the outstanding principal loan amount (payable in bitcoins),
- the term of the bitcoin loan,
- the payment dates and
- the loan purpose.
Bitbond does not offer any advisory or consulting services beyond the scope
of what is required by law. This means that users have to check in their own responsibility
if a bitcoin loan is a suitable contract for them subject to their personal general and
§ 5 General conditions for the use of the marketplace
The marketplace is offered by Bitbond exclusively to private individuals. The marketplace
can only be used by registered users on their own account. Borrowed bitcoins can be used for
private and for business purposes or for freelance job activities. Within general laws
Bitbond decides freely, which users are given access to the marketplace.
Moreover, Bitbond only grants access to users who
- are contractually capable (sui juris) without restrictions
- have stated the minimum required information about them during the registration and
Bitbond makes the data and information of the user publicly available anonymously
(i.e. without a reference to the identity), when a user wants to borrow bitcoins. The data will
only be made accessible, if the content of this data complies with general rules of
§ 6 Bitcoin account
Bitbond sets up an account for bitcoins for all users ("bitcoin account").
The use of the marketplace as a borrower requires a verification of the account according
to § 7.
The bitcoin account is required for the administration of bitcoin loans and is a prerequisite
for the participation in the marketplace. The following points apply in respect to the
a) The funding of the account with bitcoins can be done by digital transfer to this account:
the required bitcoin address is displayed to users in their personal section under "Funds".
b) As soon as users have placed a bid to a bitcoin loan (§ 9 section 1), their bitcoin account
the respective amount will be debited ("reserved bitcoins"). If a bitcoin loan contract is
closed within the auction period (§ 9 section 5), the bitcoins are credited to the bitcoin account
of the borrower.
c) Bitcoins that are not lent and are not reserved bitcoins can be withdrawn by the user to
another bitcoin address at any time.
d) The user doesn't pay any fee for the bitcoin account.
II. Conditions for borrowers
§ 7 Verification of the borrower after the rating
Before users can act as borrowers on the marketplace for the first time, Bitbond assesses
their creditworthiness ("rating"). Users are therefore required to state
information about their financial background. Additionally users have the option to grant
Bitbond access to other website (e.g. eBay) where information is stored about them. Thereby
users can improve their rating and improve their trustworthiness towards lenders.
During the registration the user allows Bitbond to ask for information about past payment
behavior and scoring information based on mathematical-statistical methods under the
application of address data (scoring – for the calculation of default probabilities) from
infoscore Consumer Data GmbH, Rheinstraße 99, 76532 Baden-Baden. As part of the rating the
user is also required to allow Bitbond to ask for credit information from other scoring
providers, in case a cooperation exists between Bitbond and a credit bureau in the
country of the borrower. In the course of the credit check Bitbond will obey all privacy
protection laws. The credit score of the user will be published along with the project on the
marketplace. For the credit check Bitbond needs the explicit consent
of the user. Bitbond asks the user for this explicit consent along with other data
requests. Without this explicit consent the use of the marketplace as a borrower is not possible.
The rating of the borrower is based on information that Bitbond received from the user. Bitbond
processes this information to give an indication about the creditworthiness. This indication
is represented by different letters. The rating letter "A" represents the highest creditworthiness,
the letter "F" represents the lowest creditworthiness. The rating is conducted based on the following information
- The credit score received from credit bureaus
- Type of employment
- Connection of the personal PayPal account
- eBay feedback score
- Country of residence
Payment history of bitcoin loans (share of late payments compared to all due payments)
in case a history exists.
The rating is non-free service of Bitbond. The current rating fee can be viewed by the user
under www.bitbond.com/rates_and_fees. The user is required to make sure and confirm
that all stated information is correct.
An exclusion of borrowers takes place if the credit check at a credit bureau reveals one or more
so called negative entries. Negative entries include the following: an entry in the list of
debtors, personal bankruptcy or insolvency, an affirmation in lieu of oath, a judicial or
extrajudicial collection or delinquency procedure or execution proceedings.
If a borrower does not get verified the paid rating fee will not be reimbursed.
§ 8 Loan amount
The amount of bitcoins that a borrower can borrow is limited – depending on the personal financial
circumstances of the user. Moreover, the loan amount is between a general minimum loan amount and
a personal maximum amount. The bitcoin loan amount can consist of whole bitcoins or can have decimals
with a denomination of 0.01 bitcoins. The current minimum loan amount and the currently available
denomination is available at www.bitbond.com/rates_and_fees.
§ 9 Borrowing of bitcoins
Users apply for a publication of their loan requests on the marketplace as borrowers. This application
is a plea to Bitbond for brokerage. Thereupon Bitbond proposes the borrower a certain interest rate
according to criteria defined by Bitbond. The proposal is based on the rating. When the user accepts
this proposal, the loan request is published to the marketplace.
With the publication of the loan request on the marketplace the user as a borrower asks other users
for a bid (invitatio ad offerendum). Thereby information about the borrower like the rating and anonymous
information about financial circumstances are published.
The borrower can additionally describe the purpose of the bitcoin loan. The borrower is responsible for the
published content and is bound to not publish or make available any illegal or immoral content, to allude
to such content or link to such content. If Bitbond learns about a breach of this rule, the content
will be removed.
The users as lenders can bid on such loan requests during a specific time period ("auction").
Bids can be placed for the entire requested amount or for parts thereof. The currently valid auction period
can be viewed at www.bitbond.com/rates_and_fees.
The contract for a bitcoin loan between the borrower and the lender(s) closes according to the conditions
as determined at the end of the auction if there is a sufficient number of lender for the entire requested amount
or if the total bids by the end of the auction reach the minimum amount as described by Bitbond.
The minimum amount for a bitcoin loan can be viewed at www.bitbond.com/rates_and_fees.
If there is more than one lender to one bitcoin loan, each lender is a partial creditor.
With the closure of a bitcoin loan contract Bitbond is entitled to an origination fee according to
current terms. The current origination fee values can be viewed at www.bitbond.com/rates_and_fees.
The current status of a loan request as well as already funded bitcoin loans can be viewed under "Funds".
§ 10 Repayment of a bitcoin loan
When a borrower's loan request was funded a payment schedule is displayed under "Funds" according to the terms
as agreed between the borrower and the lender(s). Borrowers ensure that their bitcoin account is sufficiently
funded at repayment dates. Bitbond automatically transacts repayments from the borrower's account and credits
the payment to the lender(s). Bitbond has the right to disclose the identity of the borrower to lenders if
collection efforts should not be successful.
§ 11 Exchange rate pegged loans (ERP-loans)
Lenders and borrowers can also agree on a bitcoin loan where each repayment
is pegged to the US dollar exchange rate exchange rate pegged loans (ERP-loans).
When an ERP-loan is funded, the US dollar equivalent of the funded amount is calculated by Bitbond.
Based on this calculation, the values of the payment schedule are calculated in US dollars.
At the due date of a payment, the borrower has to pay a bitcoin amount, that is equivalent
in value to the dollar value of the payment, as calculated by Bitbond at the due date.
III. Conditions for lenders
§ 12 Lending of bitcoins
The user as a lender can offer a borrower a bitcoin loan. The offered amount of bitcoins has to be between
a minimum amount (will be automatically displayed on the marketplace) and the amount that is left
from the requested amount. The lent bitcoins have to be free of third-party rights.
For an offer to be valid the bitcoin account of the lender needs to be sufficiently funded with bitcoins.
With the offer a bitcoin loan contract is not closed, yet. The lender only gives a binding offer towards
the borrower. The lender is bound to this offer during the auction (§ 9 section 5). The currently valid
auction period can be viewed at www.bitbond.com/rates_and_fees. A bitcoin loan contract is only closed
with the complete acceptance of the requested amount from the borrower (§ 9 section 5).
§ 13 Processing of the repayment
Bitbond processes the repayment of the bitcoin loan, the interest payments and possible compensation
payments by order and power of authority of the lender users. The user can withdraw this power of
authority only for important reasons.
The administration of the bitcoin loan is exclusively done by Bitbond. This means that lenders
will not contact borrowers for the purpose of collection and will not have repayments made
to themselves directly. This renunciation is revocable by the user only for important reasons.
The repayment of bitcoin loans is conducted by debiting the bitcoin account of the borrower
and directly crediting the bitcoin account of the lender.
In the case of partial repayments the received bitcoins will be allocated to legal costs of debt collection
first, then to the principal loan amount and then to interest payments. In case of partial claims
the repayments are allocated pro rata to the claims of lenders.
§ 14 Dunning and other collection efforts
By order and power of authority of the lenders Bitbond is entitled to self dependent collection,
especially to dunning belated borrowers. This especially includes the choice of time and content of
dunning proceedings. Applicable late fees will be invoiced to the belated borrower.
As long as lenders have not revoked the administration of the bitcoin loan by Bitbond for
important reasons they are not entitled to own collection measures against the borrower.
§ 15 Ancillary rights, right to cancel a loan contract
By order and power of authority of the lender Bitbond can exercise applicable ancillary rights
from bitcoin loan contracts, especially an applicable right to exceptional cancellation. This power
of authority is revocable only for important reasons. As long as the power of authority is valid
lenders will not exercise these ancillary rights themselves.
§ 16 Sub-contractors
Bitbond has the right to outsource single tasks as described by this contract to sub-contractors.
The powers of authority according to § 13 section 1, § 14 and § 15 also include the right to
authorize debt collection agencies or other companies with the completion of commitments of
Bitbond according to this part III.
§ 17 Notification in case of defaulted payments
Should a borrower not be able to repay borrowed bitcoins despite of their maturity Bitbond will
inform lenders within three days in written form about this default. A default according to these
terms occurs, when the loan is not repaid or is repaid only partially 90 days after maturity.
IV. Technical framework
§ 18 Availability
The marketplace is made available under the current state of technology. The use of the marketplace
assumes that users have access to technical means that are necessary to access the marketplace
(a computer, an internet connection etc.). Bitbond has the right to further develop the service
Bitbond only submits data within the personal section of the marketplace by an encrypted connection
but has no influence on the transfer of data via the internet itself. Bitbond secures its systems
against unauthorized access to secured data. An absolute protection against attacks by hackers however
is not possible at the current state of technology.
Bitbond strives to make the marketplace accessible at any time within technological and economical reason.
However, only an availability of 98.5% can be realized. Especially maintenance, security and capacity reasons
as well as events that are beyond the control of Bitbond (disruptions of public communication networks, power
outages or similar incidents) can lead to short term disruptions or to a temporary shutdown of the marketplace.
Bitbond does not assume any liability for circumstances that are beyond the control of Bitbond. The
access to the marketplace also depends on the technological equipment of the user and the data
transmission through the internet by third parties.
Bitbond provides its services based on the current technical status of the internet and the current
technological, legal and commercial surrounding conditions for its use.
Bitbond is not obligated to increase the scope of its services, even if this was possible
due to technological developments of the internet.
Bitbond reserves the right to change the services offered on the marketplace.
§ 19 Compensation, fees
The access to the marketplace is free of charge.
Borrowers will receive a credit appraisal (rating) before they can publish loan requests.
The incurred costs are independent of the outcome of the appraisal and have to be paid by
the borrower. The current rating fee is displayed at
The borrower pays an origination fee which is deducted from the loan amount prior to disbursement
of the loan (the fee is payable in bitcoins)
The current origination fees according to the loan terms are displayed at
Fee claims of Bitbond towards users are unaffected by impairments of performance or changes
in the contractual relationship of borrowers and lenders (e.g. appeal, cancellation).
V. Privacy, contract termination, liability
§ 20 Privacy
The processing of data given by users to Bitbond is done under strict observation of data protection
and privacy prescriptions according to the by-laws of the Bundesdatenschutzgesetz (BDSG – German
data protection law). Without explicit consent of the user, data is neither passed to third parties
nor processed by third parties. A propagation of data can only occur if we are required to do
so by the Bundesdatenschutzgesetz (German data protection law).
§ 21 Duration, cancellation
of the marketplace is unlimited. The contract can be cancelled by the user and by Bitbond
with a notice period of two weeks to the end of a month.
The cancellation by the user has to be completed in written form and needs to be addressed to
Bitbond GmbH, Schillerstr. 35, 10627 Berlin or via email to
[email protected]. The cancellation by Bitbond requires a written form.
If the user is a borrower, such a cancellation only becomes valid the earliest after all
bitcoin loans are repaid including interest.
If the user is a lender, such a cancellation only becomes valid the earliest when the
loans granted by this user are completely repaid which is at maturity.
In case of a cancellation Bitbond can exclude the user from closing new bitcoin loan
contracts, so that the use of the marketplace is restricted to the processing of
already existing loans.
The right to cancellation due to important reasons remains untouched by the previous regulations.
After the cancellation becomes effective Bitbond will delete data about brokered loan contracts
six month later.
§ 22 Liability limitation regarding the use of the marketplace
Bitbond is liable for damages of the user that Bitbond, its legal deputies, employees
or assistants have caused and
which were caused by intention, rough negligence or deceit,
which are based on injury of life, the body or healthiness, or
which were caused by the breach of duties, that are material for the
achievement of the contract purpose ("cardinal obligation")
Bitbond is also liable for damages of the user that are based on the breach of given
guarantees or are based on organizational fault.
In other case than those mentioned in sections 1 and 2 the liability of Bitbond is
– regardless of the legal foundation – excluded. In the case of cardinal obligations the
right to compensation is limited to the foreseeable damage.
The regulations of the Produkthaftungsgesetz (German product liability law) remain unaffected.
§ 23 Special liability limitations towards lenders
Bitbond is not liable for the risk that a borrower does not repay principal and interest.
Bitbond does not consult or advise lenders in the decision to grant bitcoin loans.
It is solely the lender's decision if and at to which amount grants bitcoin loans via the
Bitbond has received the borrowers' credit scores that are published on the marketplace
from providers that Bitbond deems reliable, especially from professional credit bureaus.
However, Bitbond does not give any guarantee for the correctness of this information.
The stated rating is based on an indication of the default probability of the borrower, the actual
repayment behavior of the bitcoin loan can deviate from this indication significantly.
Bitbond receives information about the financial circumstances directly from the borrower and
can verify this information only to a limited extent. Bitbond is not liable towards the lender
that information as stated by the borrower is incorrect or incomplete.
§ 24 Liability exemption by the user
The user exempts Bitbond from all consequences and disadvantages that were cause by an abusive
or illegal use of the marketplace or that are a result of a non-compliant behavior of the user
according to these terms. This especially includes the obligation to make correct statements
during the registration.
The user exempts Bitbond from applicable claims that emerge from a violation of obligations as a borrower
or lender. As a lender the user especially exempts Bitbond from claims that arise from a false
pretention of the user of being a consumer.
In all cases of the exemption the user also assumes all legal costs (including attorney and court fees)
to a degree as applicable by law. In case of the usage of third parties users have the obligation
to give Bitbond immediate, complete and truthful access to all their available information and to
cooperate as far as it is necessary to defend claims. Further compensation rights of Bitbond
towards the user remain unaffected.
VI. Other conditions
§ 25 Final clause
require a written form to be effective. This also applies to this written form requirement.
Should a regulation from these terms be ineffective or should it become ineffective, the
effectiveness of the remaining regulations remains unaffected. In the course of a contract
adjustment Bitbond will replace the ineffective rule with an effective rule that comes economically
closest to the ineffective rule in a legal way. The same applies to rule gaps.
VII. Information according to § 312c BGB in connection with 246 §§ 1, 2 EGBGB and § 312g BGB
The provider of the marketplace is Bitbond GmbH, registered in the trade register
of the local district court (Amtsgericht) Charlottenburg under HRB 146980 („Bitbond").
The main business purpose of of Bitbond is to operate a virtual online marketplace ("marketplace")
for brokering bitcoin loan contracts ("bitcoin loans").
Bitbond is represented by the managing director, Mr Radoslav Albrecht.
The address of Bitbond is: Schillerstrasse 35, 10627 Berlin, Germany.
On the marketplace Bitbond brokers bitcoin loans. Before brokering a bitcoin loan Bitbond conducts
a paid creditworthiness appraisal of the borrower. The subsequent brokering of bitcoin loans is done
for a origination fee. The contract for the use of the marketplace is closed through the registration
of the user.
The contract for the use of the marketplace has an unlimited term and can be cancelled with a notice
period of two weeks towards the end of a month.
The creditworthiness appraisal and the brokering of bitcoin loans are paid services. The basis for
these fees can be viewed at: www.bitbond.com/rates_and_fees.
Consumers can revoke the contract for the use of the marketplace according to the right to revocation
The contract language is German.
Bitbond herewith explicitly notifies the user that bitcoins do not have a fixed value in euro or
any other currency. The current value or price of bitcoins is subject to fluctuations which can neither
be affected by Bitbond nor by its partners. Possible past returns that have been achieved are not
an indicator for future returns.
Before sending a registration application for the marketplace and before sending single brokerage
orders, you have the option to review your input for errors and to correct your input.