TERMS OF SERVICE

Chaintoro GmbH

Terms of Service

(As of January 10, 2020)

Thank you for using Chaintoro. Chaintoro is a cryptocurrency brokerage management service for buying, selling and storing cryptocurrency coins.

This user agreement sets out the conditions under which Chaintoro offers you access to and use of its services. Please read the general terms and conditions carefully as your legal rights are affected.

This user agreement contains important information about our services. Furthermore, this user agreement contains information about future changes to the provisions, payments and terms of payment, limitations of liability, data protection information and the settlement of disputes, including an agreement to settle all disputes that arise between you and us and are submitted to the competent Austrian courts.

You should be aware that trading or holding cryptocurrencies is associated with significant loss risks, up to total loss. Services related to cryptocurrencies are currently not subject to any special regulations by the Austrian Financial Market Authority (FMA), the Austrian Central Bank (ÖZB) or any other Austrian regulatory authority. You should therefore carefully consider whether trading or holding cryptocurrencies is suitable for you.

If you have any questions about this agreement or part of it, please contact https://www.chaintoro.com/ or contact us at support@chaintoro.com .

Article 1 | introducting

Chaintoro is a registered trademark of Chaintoro GmbH, a limited liability company under Austrian law (hereinafter referred to as “Chaintoro”, “Chaintoro GmbH”, “we” and “us”). Chaintoro GmbH is registered in Austria under the commercial register number FN495722d.

This user agreement (hereinafter the “User Agreement”) sets out the conditions under which Chaintoro offers you (hereinafter “user” or “you”) access to its services and the use of its services. By accessing, registering, or otherwise using Chaintoro’s services, websites and software applications (collectively hereinafter referred to as “Chaintoro’s Services” or “Service”) or by accessing any content or material that Chaintoro’s uses about you service is provided, you enter into a legally binding contract with Chaintoro.

The user agreement includes the following conditions and includes the Chaintoro data protection declaration (https://www.chaintoro.com/agbs), as well as the Chaintoro costs and fees (see Appendix 3) and any other rules, procedures and other guidelines that we have on our Publish the website or make it otherwise available to you. The User Agreement is the framework agreement under which Chaintoro provides all of its services. All instructions, all transactions between you and Chaintoro, all positions in all Chaintoro wallets (as defined below) together form a single agreement.

By concluding this user agreement, you declare that you have received, read, understood and accepted these documents. You agree to comply with all terms of this user agreement when you access or use the service.

Article 2 | Definitions and interpretation

Words in bold have the meanings assigned to them in this user agreement.

In the event of a conflict between the terms of the main part of this user agreement and its appendices, the terms of the appendices take precedence. In the event of a conflict between the provisions in the Appendices and any other policies, procedures and other policies included in this User Agreement, the latter policies, procedures and other policies take precedence.

If any part of this User Agreement is found to be invalid or unenforceable under the applicable terms, then the invalid or unenforceable term is deemed to be replaced by a valid, enforceable term that most closely reflects the intent of the original term and the rest of this User Agreement, and the agreement remains in effect.

For the purposes of this user agreement, “cryptocurrency” means the cryptographic digital currencies currently supported by Chaintoro.

Article 3 | Explanations

To conclude this license agreement and use the service, you declare that you:

  1. is a natural person who is at least eighteen (18) years old. If the laws of your legal system require that you have a certain minimum age over eighteen (18) years to conclude this license agreement, then you have reached this age;
  2. have the legal authority and authority to enter into a binding contract with us and are not prevented from doing so by any applicable law;
  3. are the holder of the bank account (s) you use in connection with the Service;
  4. Use the service at your own expense and risk and not as an agent or representative of a third party or otherwise in favor of a third party;
  5. are not involved in criminal misconduct;
  6. will only sell legally acquired cryptocurrencies through the service;
  7. do not live in a country or fall under the jurisdiction of a country in which you are not authorized under the applicable laws to conclude this license agreement or use the service;
  8. do not reside in a country that is subject to sanctions from the United Nations, the European Union, the United States of America or another relevant governmental organization; and
  9. are not listed on relevant sanction lists that were created and / or published by the organizations mentioned under (4) above.

Notwithstanding the generality of the above statement (7), natural persons who are resident or integrated in the United States of America or otherwise as “US Citizen”, “permanent resident”, “resident alien” or “US Person” within the meaning of Regulation S and Rule 4.7 of the US Commodity Exchange Act, as well as residents of other jurisdictions who do not tolerate or only tolerate services for their citizens in connection with cryptocurrencies, may not use the services of Chaintoro and hereby damage Chaintoro free that Chaintoro suffers due to violation of this ban. You tell Chaintoro that you are not a US person.

You also represent and warrant that any registration information (and any additional information that Chaintoro may request) that you submit to Chaintoro is accurate, correct, and complete, and you consent to remain so at all times. In this regard, you agree to notify us immediately if any of the above statements no longer apply.

In the event that Chaintoro becomes aware of it or has reasonable grounds to suspect that one of the aforementioned explanations is not (or no longer) applicable, Chaintoro is entitled to block your account immediately until the situation has been resolved to Chaintoro’s satisfaction (as at Chaintoro’s sole discretion) and / or terminate your account and this User Agreement.

You are obliged to truthfully confirm the details of your data in accordance with the rules of conduct.

The relevant circulars of the FMA can be used to specify our instructions. These circulars are:

FMA circular on risk analysis for the prevention of money laundering and terrorist financing (as of November 8, 2019)

FMA circular internal organization for the prevention of money laundering and terrorist financing (status (19.03.2019)

FMA circular due diligence to prevent money laundering and terrorist financing (as of December 18, 2019)

  • FMA circular reporting requirements for the prevention of money laundering and terrorist financing (as of 03.06.2019)

The circulars are available on the FMA’s website. Circulars of the FMA are not regulations. They are intended to serve as a guide and reflect the legal view of the FMA.

Article 4. Registration

You need your own Chaintoro account to use the service and to have full access to www.chaintoro.com and all of its subdomains (hereinafter the “Website”).

After registering, you will receive a Chaintoro account. You can only use your account for trading purposes after a 24-hour period after registration, provided the Chaintoro customer acceptance process (as described below) has been completed.

Chaintoro has established rules for the content, type and scope of its service for specific (categories of) natural persons. Chaintoro has the right to exclude people or companies from certain services without reason.

Article 5 | Customer identification

Combating money laundering and terrorist financing is at the heart of Chaintoro’s business. As a result, Chaintoro places great emphasis on implementing – and strictly adhering to – appropriate and robust anti-money laundering policies and procedures (hereinafter the “Chaintoro Anti-Money Laundering Measures”).

Chaintoro needs to know its customers in connection with the Chaintoro anti-money laundering measures. This means that for every service user wishing to take advantage of the Chaintoro service offer, the identity must be established and verified.

To buy or sell cryptocurrencies, every user must register an account with Chaintoro and identify themselves. The extent to which identification information is to be provided depends on a number of factors (e.g. transaction volume, trading volume, payment method and country of residence). You expressly agree that Chaintoro can verify the accuracy of such information in any manner necessary. As part of the identification process, the user must also make a small transaction to one of Chaintoro’s bank accounts. The name associated with the payment instrument selected to perform this transaction (or the bank account, if any, directly or indirectly associated with the payment) must match the name of the user.

Any cryptocurrency wallet address used in connection with the Service (e.g. for receiving cryptocurrency purchased through the Service) must be under your control. The service may not be used to transfer cryptocurrency to a wallet address controlled by a third party. You may not store cryptocurrency transferred directly from a third party controlled wallet address to a Chaintoro wallet (as defined below), nor may you use your account to sell cryptocurrency that is held in a third party controlled wallet becomes.

You agree to provide us with the information we request for identity verification and detection of money laundering, terrorist financing, fraud or any other financial crime and to allow us to record this information. You agree to keep us informed if any of the information you provide changes. This applies to changes in personal circumstances, such as a change of address or a name, as well as to business changes, such as bankruptcy or a change in the legal form of your company. Providing incorrect, inaccurate, misleading information or not reporting changes to your personal information is a reason for the immediate termination of your account.

In addition to the Chaintoro anti-money laundering measures, Chaintoro will:

  • Report any suspicious transactions to the competent authorities;
  • Actively monitor transactions to detect fraud;
  • Works with the police, regulators, prosecutors and other government agencies;
  • Locks and / or freezes all affected user accounts related to fraud;
  • Will block and / or freeze an account if the customer has not provided all the information and / or documents required for verification and / or identification; and
  • Fraudulent customers are billed for all investigative and investigation costs incurred by Chaintoro in connection with fraudulent or other criminal activities, which are to be offset against the customer’s funds at Chaintoro.

Regardless of the outcome of a refund request, it is not possible to request a refund more than once per transaction. The refund option ends six months after the order is canceled, rejected, or declared invalid.

Article 6 | Account usage

To prevent fraud and abuse, users of our service may not register for multiple accounts or use multiple accounts. Any additional Chaintoro account that will be created to circumvent this requirement will be deactivated. The creation of bulk accounts can result in all associated accounts being deactivated.

For the avoidance of doubt, you may not buy, sell or transfer Chaintoro accounts.

You are solely responsible for maintaining the confidentiality and security of your account and the password used to restrict access to your account, and for any use or action taken on your account. Chaintoro strongly encourages users to use two-factor verification to protect their account.

You agree to accept responsibility for all and all activities on your account and for all transactions in your account and to bear the full risk. Chaintoro cannot be held responsible for the misuse of your access data and is entitled at any time to assume that the user who logs on to the website is the party that he claims to be.

If you know or have reason to believe that your login details have been made available to unauthorized persons, you must change your password as soon as possible and inform Chaintoro accordingly so that we can take appropriate measures.

If you believe that there are unauthorized activities on your account, you should contact us immediately. At your request, we can temporarily block access to your account.

Article 7 | The relationship between you and us

This user agreement regulates the relationship between you and us. Chaintoro is an independent contracting party in every respect.

You use our service at your own risk.

You must be aware that a total loss of your investments is possible at any time.

Article 8 Our responsibilities

The Chaintoro service consists of Chaintoro allowing you to perform transactions and to hold, lend or trade cryptocurrency positions through the network of brokers, counterparties, exchanges and other parties with whom Chaintoro is directly or indirectly related. Chaintoro will exercise due care in the selection and ongoing monitoring of the third parties directly involved by Chaintoro itself.

“As is” basis

We make the service available to you (including, for the avoidance of doubt, the website) on an “as is” basis: we make no representations or warranties of any kind about the operation of the service and reject any representations or warranties of any kind whatsoever, whether express or implied, including, without limitation, any guarantees that the service will meet your requirements, is always available, accessible, uninterrupted, timely and secure, and works error-free or contains any special features or functionality. Chaintoro expressly does not guarantee the continuous and error-free operation of its service and is entitled to temporarily suspend access to or operate one or more services, for example in connection with malfunctions or repairs. It may be clear that Chaintoro will only exercise this right if Chaintoro considers it necessary to comply with applicable rules and regulations (including, to avoid doubt, anti-money laundering legislation) and / or to protect users of the Service, from Chaintoro itself and / or the proper functioning of the markets and prices.

Please note that we can change, suspend or discontinue the service in whole or in part at any time and without prior notice. Chaintoro is not responsible for problems that may arise due to changes in its service.

Website content

The content of the website has been compiled with the greatest care. However, Chaintoro cannot guarantee that all information on the website is correct and complete at all times. All prices and other information published on the Chaintoro website and other materials may include obvious program and typographical errors.

User actions

We are not responsible for the actions of our users.

Third party goods and services

We have no control over and are not responsible for the delivery, quality, security, legality or other aspects of any service or goods that you can buy, hold or sell through our service.

Chaintoro does not own or control the underlying software protocols used to trade cryptocurrencies supported by our service. Chaintoro assumes no responsibility for the operation of the underlying protocols and is unable to guarantee their functionality, security or availability.

You acknowledge the risk and accept that the underlying software protocols for cryptocurrencies can change. In particular, the underlying protocols are likely to be subject to sudden changes in operational rules (so-called “forks”, splits in the process) and that such forks change the value, function and / or name of the cryptocurrency that you purchase through the service and / or Holding them in your Chaintoro wallet (as defined below) can significantly affect them. You expressly acknowledge that it is your responsibility to find out about upcoming forks and to decide how to deal with them. In the case of a fork, there is a risk that we will have to temporarily cease operations in relation to this fork without informing you beforehand. We can reasonably refuse to support either or both branches of a fork. You acknowledge the risks posed by Forks and accept that Chaintoro is not responsible for helping you transfer or sell an unsupported branch of a Fork protocol.

Laws and regulations

You accept that Chaintoro is under no obligation to provide a service if Chaintoro believes that this violates applicable laws and regulations. You accept that all services are subject to applicable laws and regulations and that these laws and regulations take precedence over the agreements made between you and Chaintoro.

Article 9 | Your responsibilities

In addition to your other obligations set out in this User Agreement, you are obliged to Chaintoro to consider your own interests and the interests of Chaintoro and its users to the best of its knowledge and belief and to use the service in a careful and prudent manner.

Chaintoro does not offer (investment) advice on cryptocurrencies. You acknowledge that all information provided as part of the service is not intended as a (personal) recommendation to buy, sell or hold (cryptocurrency) assets. All Chaintoro trading or lending services are offered on the basis of “execution only”. Our systems automatically execute your orders.

You hereby confirm that you are aware of and accept the risks associated with the purchase, sale and possession of cryptocurrencies. You agree not to enter into any transactions that may result in intolerable losses for you.

Article 10 Purchase of cryptocurrencies

In addition to Bitcoin, we offer a wide range of alternative cryptocurrencies with a variety of payment methods.

Delivery to the recipient wallet address

We will deliver cryptocurrencies you have purchased to the specified wallet address (the “recipient wallet address”) as part of a coin transaction. You are fully responsible for entering the correct recipient wallet address.

Purchase orders

Purchase orders are recorded by clicking the “Buy” button on the website. By clicking this button, you authorize us to initiate the transaction at the specified price and agree to the associated fees. You cannot cancel, reverse, or change any transactions marked as completed or pending.

As soon as you have entered a purchase order, we can accept it. The acceptance is always made under the condition precedent that we receive the purchase price. After acceptance (hereinafter “purchase transaction start”):

  1. you will receive a payment request for this transaction
  2. you must transfer the exact agreed amount to the account specified by us as soon as possible
  3. for purchase orders paid by SEPA transfer:
  1. If the time Chaintoro receives the exact amount of money (hereinafter “the receipt of payment”) does not occur within 3 (three) Austrian working days after the start of the purchase transaction, your transaction will be declared invalid and the transaction will not be carried out;
  2. if the payment is received in a timely manner, Chaintoro (i) determines the actual amount of the cryptocurrency to be delivered using the market price for this cryptocurrency at the time of receipt of payment and (ii) transfers the amount of cryptocurrency determined according to item (i) to you as soon as possible, however at the latest within 5 (five) Austrian working days.
  1. for purchase orders that were paid with other means of payment:
  1. if the time at which Chaintoro receives the exact amount of money (the “incoming payment”) does not occur within 5 (five) minutes after the start of the purchase transaction, your transaction will be declared invalid and will not be executed; and
  2. if the payment is received on time, Chaintoro will transfer the cryptocurrency you have purchased as soon as possible, but at the latest within 5 (five) Austrian working days.

If a transaction is declared invalid according to (3) or (4) above, this means that you are entitled to a refund of the transferred funds (less any Chaintoro costs incurred). The refund will be made in the form of EURO. You are responsible for all transaction fees incurred.

You agree and confirm that if you enter an incorrect recipient wallet address, we cannot retrieve any cryptocurrency delivered to that address and that you are not entitled to a refund and / or replacement cryptocurrency. It is your sole responsibility to verify the accuracy of the recipient wallet address provided.

Verification of the payment method

As detailed in article 5 (customer identification), Chaintoro is obliged to check the user’s payment instrument before executing a purchase order.

All cryptocurrencies you purchase will not be delivered until this verification process is complete.

If this review is not completed within 5 (five) calendar days, Chaintoro sells the cryptocurrency purchased at the then applicable market price. Chaintoro will then refund you the lower of (i) the original purchase price or (ii) the proceeds from the previously described sale of the cryptocurrency. Such a refund will be made to your Chaintoro account in the form of EURO.

Execution and execution

Chaintoro carries out transactions by sending the cryptocurrency through the corresponding cryptocurrency network.

You acknowledge that Chaintoro does not affect the speed at which a transaction is processed. Depending on the type of cryptocurrency, it can take up to 24 hours to process a transaction and – in exceptional cases – not at all.

If you have any problems with processing a transaction, please contact Chaintoro Support. Orders placed through the service cannot be refunded. You can resell any cryptocurrencies purchased through the Service to Chaintoro at the rates then offered by Chaintoro and under the terms set out in Article 10 of this User Agreement.

Transfer of risk, irreversibility and reimbursements

The risks associated with the cryptocurrency pass to you as soon as the cryptocurrency is delivered to the agreed recipient wallet address.

Due to the nature of cryptocurrencies, a completed transaction cannot be refunded, reversed, or canceled.

Suspension of orders

If, in our opinion, an unusual situation occurs (technical, legal or otherwise), Chaintoro can suspend your orders until they are checked again.

If criminal activity is suspected, Chaintoro reserves the right to suspend the transaction (s) until the buyer is verified. Chaintoro may do so by phone, email, or other means, if permitted by applicable law.

Cancellation of orders

Chaintoro has the right to cancel your order if, in Chaintoro’s opinion, the transaction (or you or your trading behavior) raise suspicions. In this case, Chaintoro (in deviation from Article 28 of this User Agreement) will refund your money as soon as possible. Such a refund, minus Chaintoro’s costs and any Chaintoro fees incurred, will be made by transfer to the account from which Chaintoro originally received the payment for the order. If the refunds are crypto funds, these cryptos are sold at either the current market price or their historical (purchase) value, which is at Chaintoro’s sole discretion.

Refusal of orders

Although Chaintoro strives to maintain its service, certain cryptocurrencies may not be available from time to time due to IT issues or other issues.

Article 11 | Selling cryptocurrencies

At Chaintoro, you can buy a wide range of other cryptocurrencies in addition to bitcoins, via sepa transfer or bank transfer. We strive to always expand the payment methods.

Delivery to the recipient wallet address

We will deliver cryptocurrencies you sell as part of a coin transaction to the specified wallet address (hereinafter the “Chaintoro sales wallet address”).

Sales orders

Sales orders are started by clicking the “Sell” button on the website. By clicking this button, you authorize us to initiate the transaction at the specified price and agree to the associated fees. You cannot cancel, reverse, or change any transactions marked as completed or pending.

As soon as you have entered a sales order, we can accept it. The acceptance is generally made under the condition precedent that we also get the cryptocurrency. In the case of acceptance (hereinafter referred to as “sales transaction start”):

  1. For transactions related to cryptocurrencies stored in a Chaintoro wallet (as defined below):
  2. Immediately after the start of the sales transaction, Chaintoro will execute your order at a price as set out in Appendix 1 (Chaintoro Costs and Fees); and
  3. The sale price will be credited to your Chaintoro account’s EURO credit (as defined below).

2nd

  1. For transactions involving a cryptocurrency that are not stored in a Chaintoro wallet (as defined below):
  2. get the appropriate Chaintoro sales wallet address for this transaction;
  3. you must transfer the exact agreed amount of the cryptocurrency to the Chaintoro sales wallet address as soon as possible.
  4. if the time at which Chaintoro receives the exact amount of cryptocurrency (hereinafter “the cryptocurrency receipt”) does not occur within 15 (fifteen) minutes after the start of the sales transaction, your transaction will be declared invalid;
  1. if Chaintoro receives at least 1 (one) confirmation from the appropriate blockchain within 15 (fifteen) minutes of receipt of the cryptocurrency, Chaintoro will execute your order at a price set in accordance with Appendix 1 (Chaintoro Costs and Fees). The sale price will be credited to your Chaintoro account’s EURO credit (as defined below).

If a transaction is declared void under (2) (c) or (d), Chaintoro will, at its discretion, (i) manually recalculate your sales order or (ii) cancel your order. The latter means that you are entitled to a refund of a transferred cryptocurrency (minus the costs incurred by Chaintoro). Refunds will be made to the wallet address from which the cryptocurrency was received. You are also responsible for all transaction fees incurred.

If user manipulation of the relevant blockchain (e.g. forking) is suspected, Chaintoro is entitled to withhold the users’ means of payment in order to ensure that the transaction payment is fulfilled.

Transfer of risk, irrevocability and reimbursement

The risks associated with the cryptocurrency pass to us as soon as the products are delivered to the agreed Chaintoro sales wallet address. This is deemed to have taken place after receipt of the required number of confirmations from the network.

Due to the nature of cryptocurrencies, a completed transaction cannot be refunded, reversed, or canceled.

Suspension of orders

If, in our opinion, an unusual situation (technical, legal or otherwise) occurs, Chaintoro can suspend your orders pending further review.

If criminal activity is suspected, Chaintoro reserves the right to suspend the transaction (s) until the seller is verified. Chaintoro can do this by phone or email, if possible, to the extent permitted by applicable law.

Refusal of orders

Chaintoro may, at its sole discretion, refuse to accept orders for any reason.

Cancellation of orders

Chaintoro is entitled to cancel your transaction if Chaintoro believes the price (or you or your trading activities) is suspicious. In this case, Chaintoro will refund your cryptocurrency as soon as possible (regardless of Article 28 of this user agreement), less the costs incurred by Chaintoro and the applicable Chaintoro fees. Such a refund will be made to the address from which Chaintoro originally received the cryptocurrency.

Article 12 Chaintoro wallets

For your convenience, Chaintoro offers a wallet function for storing and retrieving cryptocurrencies (hereinafter “Chaintoro Wallet”). A Chaintoro wallet is a digital storage where you can keep your cryptocurrency. You will need a different Chaintoro wallet for each type of cryptocurrency. A current list of the various Chaintoro wallets available can be found on our website.

Chaintoro ensures that all cryptocurrency positions stored in Chaintoro wallets are booked in the administration. Chaintoro does not hold these positions at its own risk and expense. However, all Chaintoro Wallet addresses are the property of Chaintoro.

By transferring the cryptocurrency to a Chaintoro wallet, you transfer the title for that cryptocurrency to Chaintoro. After transferring the cryptocurrency to your Chaintoro wallet, you will receive a claim against Chaintoro for delivery of the same amount of this cryptocurrency to you.

However, if this does not take place, you are not entitled to this claim.

Chaintoro wallet security

Chaintoro will take all reasonable measures to protect the funds stored in a Chaintoro Wallet, but cannot guarantee complete security. Any use is at your own risk.

Omnibus wallets

We would like to point out that Chaintoro can store users’ payment methods in so-called “omnibus wallets” that contain the cryptocurrencies of several users. If cryptocurrencies stored in an omnibus wallet, the data of which have not been collected to identify them as the property of certain users, are destroyed or otherwise lost by Chaintoro for reasons for which Chaintoro cannot be held liable, Chaintoro will inform one of them resulting shortfall on those users who are entitled to Chaintoro against the delivery of the same type of cryptocurrency at the time of the destruction or loss, in proportion to the respective claim amounts at that time.

Account overview

You always have an overview of the balance of your Chaintoro wallet in your account. The balance of your Chaintoro wallet represents a claim against Chaintoro for delivery of the corresponding cryptocurrency (s). However, you are not entitled to this claim.

Third-party hosted wallets

Chaintoro offers Chaintoro wallets & services for some cryptocurrencies that are hosted by third parties. Although Chaintoro takes great care in selecting these third party providers, Chaintoro is not responsible for (i) the quality of these wallets, (ii) their availability, or (iii) any other issues related to these wallets & services provided. You agree to this and acknowledge that you are aware of the possibility that in the event of a failure or bankruptcy of a wallet provider hosted by a third party, you may not get back (all) or no cryptocurrencies at all.

Bankruptcy and asset mixing

In the event of bankruptcy from Chaintoro (or a Chaintoro wallet service provider hosted by a third party, in which cryptocurrencies are held by users), it may happen that it is after that for Chaintoro – or for the Chaintoro wallet service hosted by a third party -Provider – applicable national laws cannot distinguish cryptocurrencies that belong to one user from cryptocurrencies that (i) belong to another user or (ii) which Chaintoro or this third party holds in its own name or for another party.

The user is aware that in the event of a default or bankruptcy by Chaintoro or the said third party, he may not be able to get his cryptocurrency (in full) or not at all.

Article 13 | Error and review of information

You must review the information provided by Chaintoro as soon as possible after it is provided by Chaintoro to limit any damage caused by errors. If you do not receive a message from us, although you know or should know that you can expect a message from us, let us know in writing as soon as possible.

If you find any inaccuracy or incompleteness, you must let us know as soon as possible.

Chaintoro will determine, if necessary in consultation with you, whether and how the possible error can be remedied. If Chaintoro is liable for the damage caused by the error and could reasonably have been limited if you had signaled and reported the damage as agreed in this article, then Chaintoro’s liability is limited to the amount of the damage, which would have occurred if you had reported the error to us within 24 (twenty-four) hours after you became aware of it or could have become aware of it

Chaintoro is entitled to correct or otherwise undo errors or all transactions and bookings that are the direct or indirect result of such an error or error.

Chaintoro is entitled to correct errors in the assignment of bank account and name and to cancel and refund transactions. Chaintoro may charge the customer fees for these transactions if the customer made a mistake while checking or registering their bank account.

Chaintoro’s administrative records serve as complete evidence between you and us, unless you prove otherwise.

Article 14 Affiliate program

Chaintoro can offer some of its users the opportunity to participate in the referral program, where participating users can receive certain referral payments.

Chaintoro has the right to change and discontinue such referral payments with immediate effect and without notice. Chaintoro also has the right to remove mediated users from your account at its sole discretion.

Article 15 Payments and prices

You understand and acknowledge that all prices and offers published on the website are variable and can change at any time.

With every purchase order you are obliged to pay a purchase price. With every sales order you are entitled to receive a sales price.

Payments to us can be made using one of the payment methods we support. Whether a particular payment method is available depends on a number of factors, such as your location, the identification information that you have provided to us, and the restrictions imposed by third-party payment processors. You can find an overview of the payment methods we currently support on the website. Depending on the payment method selected, additional fees may apply and conditions may apply. When using some payment methods, the amount of cryptocurrency delivered may differ from the indicative amount due to late processing or discounted transaction fees. Visit our website for more information on these fees and conditions.

We will make payments to you by bank transfer to your account.

All transactions related to the service – with the exception of transactions in cryptocurrency – are denominated in euros. Chaintoro does not accept or pay amounts in fiat currencies other than euros.

Article 16 Costs and fees

The costs and fees associated with the Service are listed in Appendix 1 (Chaintoro Costs and Fees) and may be changed by Chaintoro from time to time without notice.

The current overview of Chaintoro’s costs and fees can be found on the website.

Article 17 | Conflicts of interest

It is not always possible to avoid conflicts of interest in the provision of our services, for example between Chaintoro and its users or between different Chaintoro users. Chaintoro will use reasonable efforts to identify and prevent or limit such conflicts of interest.

Article 18 | Support for cryptocurrencies

Chaintoro strives to provide support (in the form of buying, selling and storing services) for as many cryptocurrencies as possible.

From time to time, Chaintoro may make the decision to add or remove support for a cryptocurrency for any reason. You will be notified of such changes by email and the announcement will be posted on the website. In any event, Chaintoro will endeavor to make such notification at least 10 (ten) calendar days prior to the change coming into effect, although certain circumstances may warrant a shorter period. Chaintoro is not responsible for any damage that occurs after delisting a cryptocurrency.

Under no circumstances should you attempt to use a Chaintoro wallet to store, send, request or receive cryptocurrencies in a form that we do not support. We assume no responsibility or liability in connection with trying to use your wallet (s) for cryptocurrencies that we do not support.

If Chaintoro Wallets are withdrawn for a particular cryptocurrency, you have 30 (thirty) calendar days (the “grace period”), as far as technically possible, from the date of the above notice, (i) all remaining cryptocurrencies in that Chaintoro Wallet transfer a third party wallet or (ii) sell any remaining cryptocurrencies in that Chaintoro Wallet through the Service. The “grace period” may be less than 30 (thirty) days for reasons beyond Chaintoro’s control, for which Chaintoro cannot be held responsible.

Chaintoro has the express right to delete wallets of coins that are no longer traded, including those that are still in these wallets, at least six months after the “grace period” has expired. This also applies if the currencies have not yet been transferred to a third party wallet or have not yet been sold via the service.

Chaintoro can support cross-chain transactions in individual cases. The fees and conditions for such transactions are determined on a case-by-case basis.

Article 19 | Taxes

You are solely responsible for all wage taxes, income taxes, value added taxes, taxes on goods and services, and any other taxes or amounts due to your use of the service and performance of Chaintoro under this User Agreement to any national, state, state, or local authority (as applicable Case) (and exempt Chaintoro from any liability if you fail to make the appropriate payments).

You acknowledge that you are solely responsible for providing information to the tax authorities where necessary. Notwithstanding the above, Chaintoro will provide tax authorities with information about you upon request.

All prices published on the website and in other materials from Chaintoro include applicable taxes and other levies levied by the Austrian government unless otherwise stated.

With respect to sales orders, you agree that no VAT will be deducted for any cryptocurrency that you sell to us.

Article 20 Acceptable use of the service

You may not use the Service for any other purpose or in a manner that is unlawful or such that Chaintoro or its affiliates, customers, suppliers or other parties could be harmed, as determined at our sole discretion.

In addition, you may not use the service in a way that violates this user agreement or that could damage, deactivate, overload or impair the service (or a network connected to the service / networks) or the use of the service Disrupting third parties or otherwise impairing the integrity of the service or its functions.

Article 21 Intellectual property

We may provide certain software, software development kits, libraries, application programming interfaces, services, documentation, sample codes and related materials and information (hereinafter referred to as “Chaintoro materials”) for use as part of the service. The Chaintoro materials, together with other Chaintoro content contained in or made available through the service, such as texts, graphics, logos, button symbols, images, audio clips, digital downloads, data compilations and software are the property of Chaintoro, its affiliates or content suppliers and protected by international copyright laws.

Under this user agreement, you or our licensors do not receive any rights to the Chaintoro materials, including all associated intellectual property rights. If you provide feedback on the Chaintoro materials, we will make use of this feedback without limitation and without any compensation to you. In the event of a conflict between this User Agreement and a separate license, the separate license will take precedence over this Chaintoro material.

You may not export, re-export, transfer, or import Chaintoro materials for countries, individuals, companies, organizations, or corporations if such export, re-export, or transfer is restricted or prohibited. This also affects countries, individuals, companies, organizations or bodies that have been sanctioned by the United Nations, the European Union, the United States of America or another relevant government agency.

In addition, graphics, logos, page headings, button symbols, scripts and service descriptions, which are included in the service or made accessible via the service, are trademarks or trademarks of Chaintoro in Austria and other countries.

Our trademarks and dressings may not be used in connection with products or services that do not belong to us, or in a way that could create confusion among customers, or that would disparage or discredit us. All other brands that appear in the Service and are not in our possession are the property of their respective owners, who may be associated with us but need not be associated with us.

Article 22 Providing additional information

At our request, you are obliged to provide any additional information that we consider necessary to provide the service or to fulfill our obligations under applicable law and regulations.

Article 23 Use, disclosure and confidentiality of information

By visiting our website or registering for the service, you authorize the collection, use and disclosure of information in accordance with our data protection declaration. A copy of the latest version of our privacy policy can be obtained from our website. Chaintoro processes your personal data in accordance with the data protection declaration.

As part of your use of the service, you may receive information about us or the service that is not known to the general public (hereinafter “confidential information”). You agree to the following:

  1. all confidential information remains our sole property;
  2. You will only use confidential information as it is necessary for you to use the service; and
  3. You will not share any confidential information with anyone else.

You may not release any press releases or make a public statement related to Chaintoro, the Service, or your use of the Service without our express written permission.

Article 24 exemption

You will indemnify, indemnify and indemnify Chaintoro and the companies affiliated with Chaintoro (and their respective managers, directors, employees, managers, agents and representatives) if these costs result from claims, lawsuits, audits, investigations, investigations, surveys or other procedures that are initiated by a natural person and result from or are related to one or more of these points:

  1. Any actual or alleged violation of your representations, warranties or obligations as set out in this User Agreement; such as
  2. The illegal or improper use of the service by you.

Article 25 | Limitation of liability

Within the framework of the applicable laws, Chaintoro is only liable to you for direct losses or damage that can be attributed to a non-compliance with this user agreement. We are not liable for direct or indirect damage arising in connection with this user agreement, (the use) of the service or any related materials.

For the avoidance of doubt and regardless of the generality of the foregoing, no liability whatsoever exists for:

  1. Price differences due to delayed processing of buy or sell orders;
  2. Cancellation of orders due to clearly incorrect price information;
  3. all damage that occurs in connection with the Chaintoro Wallet function;
  4. any losses resulting from hacks, system failures and / or regulatory measures; and
  5. All indirect losses (including consequential loss, loss of income and profit, loss of data and intangible loss, and loss of trading or lending services).

Chaintoro is not liable in all cases even in the event of willful misconduct or willful negligence on the part of the management or managers of Chaintoro.

Article 26 | Term and termination

This user agreement comes into effect with your use of the service and applies until you or us terminate it.

Chaintoro may terminate this User Agreement with immediate effect without notice or other formalities, or suspend or suspend your account and access to the Service if:

  1. a bankruptcy, bankruptcy, temporary suspension of payment or a similar procedure is filed or pronounced against you in accordance with the laws applicable to you;
  2. A Chaintoro Wallet or other asset that you own is confiscated, confiscated, or otherwise confiscated;
  3. a limited right, such as a fee to a third party, is granted or created for a Chaintoro wallet;
  4. In violation of this user agreement, you transfer all rights from this user agreement to a third party;
  5. a user of this
  6. You entered incorrect information when concluding the user agreement and the

Contract of use would not have been concluded or would not have been concluded on the same terms if Chaintoro had been aware of this;

  1. You otherwise fail to meet Chaintoro in essential points in fulfilling obligations to Chaintoro; or
  2. We believe that the relationship between you and us has been badly damaged.

You can terminate this user agreement immediately without notice and without giving reasons.

If you cancel or suspend this user agreement, your right to use the service expires.

After termination or suspension, all outstanding buy or sell orders will be canceled. All unsold cryptocurrencies that remain in your Chaintoro wallet (s) after termination will be sold by Chaintoro on the first Austrian working day after the termination date at the then applicable market prices. The proceeds from this sale, minus any Chaintoro fees, will be transferred to your bank account last used in connection with the service within 10 (ten) Austrian working days after the sale.

Article 27 | Fraud and other criminal misconduct

In the event that you use the Service in a fraudulent manner or in a manner designed to commit or support fraud or other criminal misconduct (including but not limited to money laundering or terrorist financing), you are declaring that you are doing so Agree to indemnify Chaintoro from any negative consequences that may result for Chaintoro in connection therewith, as well as to reimburse Chaintoro for all resulting fees, costs, damages or losses (including but not limited to costs resulting from investigations and losses arise in connection with damage to the image ).

If there is any suspicion that a user is involved in fraudulent or other illegal activities, Chaintoro can immediately freeze their account and notify the relevant authorities if there is no doubt. In this case, all pending orders from this user will be canceled without Chaintoro being responsible for any resulting loss.

Chaintoro will determine further measures at its own discretion and, if necessary, in cooperation with the responsible authorities. These measures may include: terminating the account, transferring any remaining funds to the competent authority, and / or donating those funds to victims of fraud or financial crime, or using any remaining funds to reimburse Chaintoro for fees, costs, damage or loss (including , but not limited to, costs incurred as a result of investigations and losses related to image damage) that result from fraud or other criminal offenses.

Article 28 Death of a user

After the death of a user, the heirs can only dispose of the credit in a Chaintoro wallet and use the services offered by Chaintoro when Chaintoro has received the requested information and documents.

Article 29 Changes

We may occasionally change these terms of use. If we make significant changes to the user agreement, we will notify you as appropriate under the circumstances, for example by displaying a striking note on the website or by sending an email.

Your continued use of the service after the changes are made will be your acceptance of the changes. Therefore, please read such a note carefully. If you no longer wish to use the service under the new version of the user agreement, you can terminate the user agreement by contacting our customer service.

Article 30 Assignment and third parties

Without our prior written consent, you are not entitled to assign or transfer any rights, obligations or privileges that you are entitled to under this user agreement. We can assign this user agreement in whole or in part at any time and without prior notice. Subject to the foregoing, this user agreement is for the legal successors and licensed assignees.

Chaintoro is entitled to commission third parties to fulfill its obligations under the user agreement. Although Chaintoro takes great care in the selection of these parties, the user agrees and acknowledges that Chaintoro is not liable for any loss or damage that a user may suffer as a result of the actions or omissions of these third parties.

Article 31 | communication

All communications and communications from us to you in connection with this user agreement will be transmitted electronically. You agree that you will receive communications from us in relation to the service electronically, eg via email, SMS, mobile push notifications or through communications and messages on our website.

We will send you notifications to the email address we have stored for you.

You must send us notices by contacting our customer service.

Article 32 Applicable law and dispute settlement

Austrian law applies to the contractual (and non-contractual) legal relationship between you and us.

All disputes in connection with this user agreement will be heard by the competent court in Austria, unless the law or international agreements stipulate otherwise.

Article 33 | Overall agreement

With the exception of the conditions mentioned here or between you and us expressly agreed in writing, these usage agreements represent all terms agreed between you and us and replace all previous written or verbal agreements relating to the subject matter of this usage agreement.

Contact details:

If you still have any questions, complaints or comments after reading this user agreement, please contact us by email or letter.

Chaintoro.com
Place of jurisdiction: Tulln on the Danube
Commercial register number: FN495722d
Tax number ID: 03 618/6450
VAT number: ATU73554619

Contact: Info@chaintoro.com

Appendix 1 | Chaintoro Lending, Trading & Staking Service Agreement

Fulex LLC iG, further called “Fulex”, in cooperation with Chaintoro GmbH, further called “Chaintoro”, started the Chaintoro lending service for Chaintoro.net users in order to generate income from inactive & active, as well as decentralized and centralized cryptocurrency stocks achieve.

The assets of Chaintoro Lending are used on various exchanges in the cryptocurrency lending and trading business, at decentralized exchanges and staking providers, as well as made available as liquidity on decentralized trading platforms.

If you use the Chaintoro lending service or the trading service “Lending” & “Trading”, you unconditionally authorize Chaintoro to distribute the leveraged interest according to the rules of the platform.

You must comply with the relevant & existing laws of your state to ensure that the sources of the assets when using the Chaintoro.at lending service “lending” or the Chaintoro.at trading service “Trading” are legitimate and compliant.

When using the Chaintoro lending service, you should fully understand the risks of investing in cryptocurrency and proceed with caution. There is no deposit insurance and there is always a risk of loss

When using the Chaintoro trading service, you should fully understand the risks of investing in cryptocurrency and exercise caution. There is no refund in the event of a possible total loss. There is no deposit insurance and there is always a risk of loss.

You agree that all investment transactions conducted on Chaintoro.at reflect your true investment intentions and unconditionally accept the potential risk of 100% loss from your investment and the benefits of your investment decisions.

Chaintoro & Fulex reserves the right to suspend or terminate the Chaintoro lending service “lending” or the Chaintoro trading service “trading”, as well as Chaintoro.at “staking”.

If necessary, Chaintoro.net & Fulex GmbH can suspend and terminate the Chaintoro lending service “Lending” & the Chaintoro trading service “trading” as well as the Chaintoro “staking” at any time.

Due to network delays, computer system failures and other force majeure that may result in delays, suspensions or discrepancies in the execution of Chaintoro Lending Services, Chaintoro will use commercially reasonable efforts to ensure that the Chaintoro Lending Service Execution System is stable and reliable effectively.

Chaintoro & Fulex accepts no responsibility if the final finish does not meet your expectations due to the factors mentioned above.

When using one of the services listed in Appendix 1, you must have read the Chaintoro & Fulex Lending & Trading Service Agreement and agree to use the Chaintoro lending service “lending” & the trading service “trading” as well as the IT service staking ” .

The trading service “trading” starts and can be subscribed to from the first (1st) of the month to the seventh (7th) of the month and ends on the last day of the same month. The respective results are available by the third (3rd) of the following month.

The lending service “lending” can be subscribed to from the first (1st) of the month to the seventh (07th) of the month and ends on the last day of the same month. The respective results are available by the third (3rd) of the following month.

The “staking” service can be subscribed to and canceled at any time in a 24-hour cycle.

The respective results are available after a few minutes or a new refresh of the page.

Appendix 2 | know your customer & anti-money laundering & terrorist financing

In accordance with the requirements of the current legislation, Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018 amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing and amending Directives 2009/138 / EC and 2013/36 / EU (text with EEA relevance)

PE / 72/2017 / REV / 1

OJ L 156, June 19, 2018, p. 43–74 (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

ELI: http://data.europa.eu/eli/dir/2018/843/oj, to combat money laundering, terrorist financing and sanctions, we need to provide proof of the identity and source of the funds for all audited customers before establishing a business relationship create and record. In addition, we must establish that the account is not being opened and is not being operated for the benefit of third parties. In accordance with best practices to combat money laundering and terrorist financing, we must continuously monitor all customer transactions and identities. You can be subject to further questions and extended duties of care towards customers at any time. If open questions or questions are not answered satisfactorily, this may, among other things, lead to the termination of access to your account and the termination of our services for you.

I confirm that I have enclosed certified copies of certain documents that provide proof of identity and address. The documents provided are valid and, in the case of identification papers, are valid for at least six months. The proof of address is not older than three months. I also declare that my account will be opened for my exclusive use and will not be used for third parties.

I hereby solemnly declare that the information provided is current and correct. The documents presented as proof of identity and address were authenticated by ourselves. I authorize every member of the group of companies to review the information provided to confirm its accuracy.

  1. Age: at least 18 years old.
  2. Information: telephone number, email address, home address;
  3. Identification: some form of valid government-issued identification with a picture; i.e. passport, identity card, driver’s license, residence card, work permit card, etc.

4th picture: You must also submit a photo of yourself (selfie) to confirm your identity, while showing a slip of paper with your signature, the date & “Chaintoro”.

They must be clearly visible & the image must not be blurred.

  1. Account statement: clearly mark your name as the account holder
  2. (your transactions must originate from this account).
  3. Proof of Home Address: A statement from a utility, service company, licensed company, or government agency clearly showing your name and home address.

Appendix 3 | Chaintoro costs and fees

Chaintoro currently charges the following costs and fees related to the service:

This overview can change from time to time. The latest version of this Appendix 1 (Chaintoro Costs and Fees) can be found on the website. If there are doubts about the interpretation of certain words or sentences, the German version takes precedence.

* If there is any doubt about the interpretation of certain words or expressions, the German version is authoritative.

Costs and fees:

Account Fees: None

Buy and sell orders:

The price you pay or receive for buying or selling cryptocurrencies (each a

“Transaction”) is determined by:

the market price of this cryptocurrency on the Chaintoro trading platform

increased by

a spread or surcharge (hereinafter a “Surcharge”) calculated at the time we offer you a price (the “Quoted Surcharge”), along with a commission, which is either a flat fee or a percentage of the transaction volume, depending on the payment method and the trade amount.

Corresponds in the above-mentioned cases to a maximum of 5% on the

respective course.

The fees are adjusted every quarter.

At the time your transaction is executed, the actual surcharge or the difference between the user exchange rate and the market exchange rate may be higher or lower than the quoted surcharge, as the market price changes between the time we communicate the rate and the time you click on the confirmation of the transaction. However, this does not affect the price you pay or receive.