Terms of use
I. Introduction
These Terms of Use define the rights and obligations of the parties in connection with the use of the website accessible at www.cryptoplatz.ch (hereinafter the “Site”). Capitalized words in this document shall have the meaning ascribed to them in the Sales Terms and Conditions.
A. Availability
CryptoPlatz shall endeavour, as far as possible, to keep the Site accessible 7 days a week and 24 hours a day. However, access to the Site may be temporarily suspended due to technical maintenance, migration or updates, or due to breakdowns or constraints in relation with the operation of the Internet.
The networks on which the Site’s data flow have different characteristics and capacities and can be saturated at certain times of the day, which can affect their downloading times and their accessibility. CryptoPlatz will not be held liable for any malfunction or inability to access the Site attributable to third parties, to a network congestion, to unsuitable equipment of the Client, to a maintenance or update of the Site or to any other circumstances not attributable to CryptoPlatz.
B. Intellectual Property Rights
CryptoPlatz is the sole owner of all intellectual property rights related to the Products and the Site. Any content presently displayed or made available by CryptoPlatz in the future, such as text, logos, images, music, digital downloads, and data compilations, is the property of CryptoPlatz, its affiliates or its suppliers and is protected by French and international intellectual property law. CryptoPlatz names and logos are trademarks of CryptoPlatz. CryptoPlatz trademarks and logos may not be used for products or services that are not respectively manufactured or offered by CryptoPlatz, or in any way that could cause confusion in the public, or in any way that disparages or discredits CryptoPlatz.
Accordingly, you agree not to reproduce, represent, extract and use in any way any or all of CryptoPlatz trademarks, logos, Site or Products.
II Third Party Services
2.1 Third Party Services terms and conditions. CryptoPlatz App may incorporate, reference and/or provide access to Third Party Services. You agree that your use of Third Party Services is subject to separate terms and conditions between you and the third-party identified in CryptoPlatz App. For ease of reference, a list of links to Third Party Services terms and conditions is available below. CryptoPlatz does not guarantee that such a list is comprehensive and it’s your responsibility to review and understand the applicable terms and conditions before using a Third Party Service:
Apple
Flutter
Dart
2.2 No warranty. CryptoPlatz is not responsible for the content, accuracy, security, availability, any performance, or failure to perform of the Third Party Services or any issue in relation with the use of Third Party Services. CryptoPlatz does not provide any guarantees that access to Third Party Services will not be interrupted or that there will be no delays, failures, errors, omissions, corruption or loss of transmitted information, data or funds, and CryptoPlatz shall not be liable for any such Third Party Services. You agree to use the Third Party Services at your own risk. It is your responsibility to review the third party’s terms and policies before using a Third Party Service. Third Party Services may not be available in all languages and may not be appropriate or available for use in any particular location. To the extent you choose to use such Third Party Services, you are solely responsible for compliance with any applicable laws in relation to such use. In addition, CryptoPlatz reserves the right to block access to these Third Party Services through CryptoPlatz App in particular, but not exclusively, in the event of non-compliance with the applicable regulations by the Third Party partner. We retain the exclusive right to suspend, remove, or cancel the availability of any such Third Party Service for any reason and without prior notice.
2.3 Personal data. Some Third Party Services may request or require access to your personal data. The processing of such data will be handled in accordance with the relevant Third Party’s privacy policy and best practices.
2.4 Issues with Third Party Services. Third Party Services may not work appropriately with your software or CryptoPlatz Device, and we may not be able to provide support for issues caused by Third Party Services as CryptoPlatz does not provide nor operate the Third Party Services. If you have questions or concerns about how a Third Party Service operates, or need support, please contact the relevant third party directly.
III. Acceptable Use
3.1 User License. As a user of CryptoPlatz Services, we grant you a limited, personal, non-commercial, non-exclusive, non-transferable, and revocable license to use the Services. Any use of the Services other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and may result in immediate termination of your license to use the Services.
3.2 Do no harm. You agree (i) not to distribute any virus or other harmful computer code through CryptoPlatz’s systems, (ii) not to use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data, (iii) not to provide false, inaccurate, or misleading information, and (iv) not to take any action that may impose an unreasonable or disproportionately large load on our or any of our third party providers’ infrastructure.
3.3 Don’t circumvent our security. You agree not to bypass, circumvent, or attempt to bypass or circumvent any measures that we may use to prevent or restrict access to the Services including, without limitation, CryptoPlatz Devices connected to the Services, other accounts, information systems, or networks.
3.4 Don’t break the law. You agree that you will not violate any laws when using the Services. This includes any local, provincial, state, federal, national, or international laws that may apply to you. You agree that you will not use the Services to pay for, support, or otherwise engage in any illegal activities including, but not limited to, fraud, illegal gambling, money laundering, or terrorist activities. You further agree not to encourage or induce any third party to engage in any of the activities prohibited under this section.
3.5 Don’t interfere. You agree that you will not use or attempt to use another user’s Wallet without authorization, or use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other Users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner.
3.6 Intellectual Property. CryptoPlatz respects the intellectual property of others and we ask our Users to do the same. You acknowledge and agree that, with the exception of Materials released or anyway made available pursuant to public license agreements, open source, MIT, or other non-proprietary license schemes normally used by the CryptoPlatz community, CryptoPlatz owns all copyrights, trademarks, know-how or any other intellectual property rights in respect of the software, text, video, audio, artwork, logos, layout as well as the look and feel pertaining to CryptoPlatz Vault App, Device Applications, and the Website. You may view, print and/or download a copy of proprietary Materials from the Services on any single computer solely for your personal, informational and/or non-commercial use, provided you comply with all copyright and other proprietary notices. The trademarks, service marks and logos of CryptoPlatz and others used in the Services (“Trademarks”) are the property of CryptoPlatz and their respective owners. It is strictly prohibited to use these Trademarks without our express written authorisation or the express written authorisation of any third parties.
We welcome feedback, comments, ideas, and suggestions for improvements to the Services (“Feedback”). You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
IV. Risks and recommendations
You acknowledge that you are fully aware of all applicable laws and technical constraints relating to the proof-of-stake and proof-of-work blockchains, and to the Services. You acknowledge that you have been warned of the following associated risks and advised of the following recommendations:
4.1 Regulatory changes. Blockchain technologies and related services are subject to continuous regulatory changes and scrutiny around the world, including but not limited to anti-money laundering and financial regulations. You acknowledge that certain Services, including their availability, could be impacted by one or more regulatory requirements.
4.2 Tax. Transactions or operations in Crypto Assets , or more generally Crypto Assets events, including but not limited to exchanges, air-drops, forks, and gains arising from staking, may be considered tax events according to the legislations law under which you are subject to taxation. These rules may be unclear or subject to change, and you are therefore encouraged to consult your own tax or accounting adviser before engaging into Crypto Assets activities.
4.3 Technology. Users understand that some of the technology supported or made available through the Services are new, untested and not provided by CryptoPlatz and therefore outside of CryptoPlatz’s control. Advances in cryptography, or other technical advances such as the development of quantum computers, could present risks to blockchain networks which could result in the theft or loss of Crypto Assets. Other adverse changes in market forces or in the technology, broadly construed, may prevent or compromise CryptoPlatz’s performance under these Terms.
4.4 Cybersecurity. Hackers or other groups or organizations may attempt to interfere with CryptoPlatz’s products and information systems in several ways, including without limitation denial of service attacks, side-channel attacks, spoofing, smurfing, malware attacks, or consensus-based attacks.
4.5 Underlying blockchain protocols. All transactions created through the Services are confirmed and recorded on blockchain networks. Such networks are decentralized peer-to-peer networks run by independent third parties, which CryptoPlatz does not own, control or operate. We have no control over blockchain networks and, therefore, cannot and do not ensure that the transactions you broadcast on the Services will be confirmed and processed. You acknowledge that we do not store, send, or receive Crypto Assets on your behalf and you agree that the transactions you configure through the Services may fail, or may be substantially delayed by the underlying blockchain networks. On occasions, the blockchain protocol of a given Crypto Asset may change, which may have consequences on its key characteristics including but not limited to their availability, name, security, valuation value or the way it operates. Forks entail that forked Crypto Assets may be misdirected or replicated. In any such events, CryptoPlatz may decide, at its discretion, to suspend support of the impacted Crypto Asset for as long as CryptoPlatz deems necessary. When it so decides, CryptoPlatz will endeavor to give you advance notice, but may not be able to. You should keep yourself apprised of such events and make all necessary arrangements.
4.6 No retrieval of Private Keys. The only existing backup is with you. CryptoPlatz operates non-custodial services, which means that we do not store, nor do we have access to your Crypto Assets nor your Private Keys., password, any information inside the vault. CryptoPlatz does not have access to or store passwords, 24-word Recovery Phrase, Private Keys, passphrases, transaction history, PIN, or other credentials associated with your use of the Services. We are not in a position to help you retrieve your credentials. You are solely responsible for remembering, storing, and keeping your credentials in a secure location, away from prying eyes. Any third party with knowledge of one or more of your 24-word Recovery Phrase or PIN can gain control of the Private Keys associated with your CryptoPlatz Device or of the 24-word Recovery Phrase, and therefore steal your Crypto Assets, without any possibility for you or CryptoPlatz to retrieve them.
4.7 Keep your credentials safe. When you set your CryptoPlatz Device up, you must: (a) create and remember a strong PIN that you do not use for any other service; (b) protect and keep your 24-word Recovery Phrase secure and confidential; (c) protect access to your CryptoPlatz Device; To learn more about how to use and secure your 24-word Recovery Phrase, we recommend that you visit CryptoPlatz.com and in particular, or visit CryptoPlatz’s website and in particular, this page, or the “FAQ” section in CryptoPlatz our support Website here.
4.8 Do not trust. Verify. Software integrity, especially when connected to the Internet, is very hard to verify. CryptoPlatz’s security model relies on trusted display. This is why the verification of the information on your CryptoPlatz Device is paramount. Before you approve an operation, you must always double check that the information displayed on your mobile or desktop screen is correct and matches the information displayed on your CryptoPlatz Device. Upon sending Crypto Assets, you are solely responsible for verifying that the recipient address, amount and fees are correct and that they are the same on both your computer or mobile and on your CryptoPlatz Device’s screen. You also acknowledge that using unverified addresses to receive Crypto Assets comes at your own risk.
4.9 Learn more about crypto and the risks involved. Before using CryptoPlatz App or any of CryptoPlatz Devices or software, it’s important to learn and understand how to use your Crypto Assets and the risks involved. To help you with that, CryptoPlatz recommends that you visit the CryptoPlatz Academy before starting your crypto journey.
4.10 No liability. There may be additional risks that we have not foreseen or identified in these Terms. Before you use the Services, you are strongly encouraged to carefully assess whether your financial situation and risk tolerance is compatible with such use. For the avoidance of doubt, and notwithstanding the generality of the Limitation of Liability under these Terms, you hereby agree that CryptoPlatz shall have no liability for any loss that incurs as a consequence of the risks highlighted in this section and/or your failure to follow the recommendations herein.
4.11 No custody. CryptoPlatz will never take custody over any of your cryptocurrency, password, seed, rewards or assets and CryptoPlatz has no responsibility or control over your App, device or Crypto Platz Vault.
5. Warranties and Disclaimers
5.1 SERVICES. CRYPTOPLATZ will use reasonable level of skill and care to ensure that the Services can be accessed by you in accordance with the present Terms of Use, but there are no guarantees that access and features will not be interrupted or that there will be no delays, failures, errors, omissions, corruption or loss of transmitted information. The Services are provided “as is”, either express or implied, and in particular without implied warranties of merchantability, reliability, and fitness for a particular purpose.
5.2 Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT CRYPTOPLATZ AND ITS DIRECTORS AND EMPLOYEES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES (II) ANY CHANGES MADE TO THE SERVICES OR ANY SUSPENSION OR CESSATION OF THE SERVICES OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICES; AND (V) ANY OTHER MATTER RELATING TO THE SERVICES. SAVE FOR THIRD PARTY SERVICES WHICH ARE NOT OPERATED OR PROVIDED BY CRYPTOPLATZ, THE ABOVE LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM (A) CRYPTOPLATZ’S FRAUD, WILFUL
5.3 WARRANTY FOREVER. Crypto Platz vault have lifetime warranty against any manufacture defect. If you buy and after years it's stop working, you need to follow this steps to use the warranty:
1 - Send to us an e-mail with a photo of your Crypto Platz Vault and any information about the problem.
2 - We will answer to you and try to solve your problem online.
3 - If is it not possible to solve online, you must send to us your vault.
4 - Our specialist will try to fix it in 72 hours.
5 - If is not possible, we will send a new Crypto Platz Vault to you.
* The warranty do not cover misuse of the product, take care of your Crypto Platz Vault.
6. Warranties and Disclaimers
6.1 Termination rights. You may stop using the Services at any time. We reserve the right to suspend or terminate your access to the Services without notice if we believe you violated these Terms.
6.2 Access to your vault upon termination. CRYPTOPLATZ does not control access to your app or Vault. Please make sure that to securely back up your vault and information inside it, all times to ensure access to your sensitiy information stored on the vault after termination. But, you can access and get information inside the vault using another softwares. You need:
6.2.1 Convert your password to MD5 hash
6.2.2 Use any app that read NFC vault (like NFC tools app)
6.2.3 Collect the information inside the vault using NFC app
6.2.4 Decrypt information using MD5 hash
7. Governing law and jurisdiction
7.1 Governing Law. These Terms will be governed by and interpreted in accordance with the laws of Switzerland.
7.2. Out-of-court settlement. For Users residing in a member state of the European Union, in the event the claim would not be solved through our customer support or would remain without response within more than two (2) months after its reception by our customer support, the User may choose to submit the dispute to an out-of-court settlement procedure through the European platform for alternative and online dispute resolution here.
7.3 Jurisdiction. Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by the competent courts of Paris, Switzerland.
8. General
8.1 Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between CRYPTOPLATZ and you regarding CRYPTOPLATZ app, and supersede and replace any and all prior oral or written understandings or agreements between CRYPTOPLATZ and you regarding CRYPTOPLATZ app. If you do not read and accept the Terms in their entirety you should not use or continue using CRYPTOPLATZ Services.
8.2 Changes to the Terms. We reserve the right to alter, amend or modify these Terms from time to time, in our sole discretion, due to legislative or regulatory measures, technical developments, any change or improvement of the Services including security reinforcement of the Services. We will provide you with notice of such changes through CRYPTOPLATZ app and such changes shall apply immediately upon your acceptance or within one (1) month upon notice of changes at the latest. In any case, if you do not accept the changes, you must cease to use the Services.
8.3 Assignment. You may not assign your rights or obligations under these Terms in whole or in part to any third party. You acknowledge and agree that CRYPTOPLATZ may assign its rights and obligations under these Terms of Use and, in such context, share or transfer information provided by you while using the Services to a third party.
8.4 Severability. Should any provision of these Terms or part thereof to any extent be or become invalid or unenforceable, such provision shall then be deemed separable from the remaining provisions of these Terms and shall not affect or impair the validity or enforceability of the remaining provisions of these Terms.
MISCONDUCT OR GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD; OR (B) DEATH OR PERSONAL INJURY.