Terms of Service

Last revised 01.01.2019 (DD.MM.YYYY)

Terms of Service

If you reside outside of the European Economic Area, your acceptance of these Terms of Service constitutes your consent to the processing activities described in our Privacy Policy under the laws of your jurisdiction.

By any questions about these Terms of Service, or in case of notices of their infringement, please contact us per mail at: Crypto Capital GmbH, 10243 Berlin, Germany, or via e-mail at info@cryptocapital.ai.

Table of Contents

  • 1. General Rules and Definitions
  • 2. Content of the Services
  • 3. User-generated Content, Personal and Telematic Data
  • 4. Prohibited Use of the Services
  • 5. Software Licenses
  • 6. Registration and Security
  • 7. Third-Party Content and Links to Third-Party Websites or Platforms
  • 8. Fees and Payments
  • 9. Termination
  • 10. Representations and Warranties, Indemnification, Limitation of Liabilities
  • 11. Governing Law, Jurisdiction
  • 12. Miscellaneous

1. General Rules and Definitions

1.1 These Terms of Service (“the Terms”, or “Agreement”) describe the terms and conditions that govern your use of the digital services, including the website, mobile applications, services and emails (the “Services”), offered by Crypto Capital GmbH (“the Company”, “we”, “us” or “our”). These Terms apply to all visitors, users and customers who access or use our digital Services. Your access to and use of these Services is conditioned by your acceptance of the current Terms. By using the digital Services of Crypto Capital GmbH you agree to abide by all of the terms and conditions of these Terms between you and Crypto Capital GmbH.

1.2 Crypto Capital GmbH reserves the right to modify, add or replace portions of these Terms at any time. If any change is material, we will provide you and other customers with a corresponding notice through our website at least 30 days prior to any change taking effect. What constitutes a material change will be determined at our sole discretion. Any change in the current Terms will become effective when we make the updated version of these Terms available through our website. The “Last updated” date at the top of this page corresponds to the date when the Terms have been last revised. It is your responsibility to inform yourself regularly about the current status of these Terms prior to each use of our Services.

1.3 If any of the terms and conditions of these Terms, or any of their future changes, are unacceptable to you, (a) you may request to delete your account or data from our Services by sending an email to info@cryptocapital.ai (for more information see Section 10.1 regarding Termination of Service); (b) and/or you may discontinue your use of our digital Services. Your continued use of our Services now, or following the posting of the updated version of the Terms, will indicate your acceptance of our modification of these Terms of Service.

2. Content of the Services

2.1 The contents of our Services are intended for commercial use by Crypto Capital GmbH and our customers. All the offered and available Services (including but not limited to the Company’s website, mobile applications, other services and emails, their text and graphical content, design, software/technology, APIs , HTML and metadata) are protected by copyright, and owned and controlled by Crypto Capital GmbH. The Company also owns the copyright in the development and implementation of these Services. You shall abide by all additional copyright notices, information, or restrictions contained in any of the accessed Services and their content.

2.2 The Services, their content, and the technology behind them are protected by copyrights, trademarks, trade secrets, database rights, and other intellectual or proprietary rights therein pursuant to the European Union law. You may not modify or reproduce any of the Services (including Software) in whole or in part.

2.3 You may download or copy SOLELY the content of your personal data reports or other downloadable items provided by our Services and liable to all copyright, data- and privacy protection, and other notices contained therein. Any other forms of copying or storing of any Content of our Services for personal or commercial use without prior written permission from Crypto Capital GmbH is strongly prohibited.

3. User-generated Content, Personal and Telematic Data

3.1 Submitting of any permitted user-generated content to our Services, including and limited to: registration forms, API keys to your data from third-party websites, contact formulas, emails, and telematic data, by you or any other user should take place only if you have all the necessary legal rights to upload, post or submit such content. The use of automated means to upload, distribute or otherwise publish such user-generated content to our Services is prohibited. By accepting this Terms you agree NOT to provide any misleading information knowingly and with intent to defraud. You also agree not to upload, distribute or otherwise publish on to our Services any malware, viruses, spyware, or other malicious software.

3.2 The Services shall be operated and maintained exclusively by Crypto Capital GmbH. Without the express approval of Crypto Capital GmbH, you shall not distribute or publish any material containing any solicitation of funds, advertising or solicitation for goods or services on our Services.

3.3 By submitting a registration form to any of our Services you provide Crypto Capital GmbH with the appropriate consent and agree that your personal data, including but not limited to your name and/or the name of a company you represent, your or your company’s address, telephone number and e-mail address, will be collected and used by Crypto Capital GmbH exclusively for the implementation of the Company’s goals and purposes, and under the regional data protection law. You have the right to revoke your consent for the use of your personal data by the Company at any time with effect for the future. The revocation of your consent will limit your ability to use our Services or disable it.

3.4 By providing Crypto Capital GmbH with the API-keys to your data from any of the third party websites, you give the Company your consent, and grant Crypto Capital GmbH an exclusive, world-wide, royalty-free, non perpetual right or license to the use of you or your company’s telematic data, for the length required for the operation of our Services. This granted license includes without limitation the right for Crypto Capital GmbH, or any third party it represents, to use, analyze, encrypt, encode, transmit, create derivative works of, host, index, cache, tag, and adapt (including without limitation the right to adapt to streaming, downloading, to mobile, digital, scanning or other technologies) in any form, exclusively for the Company’s purposes and under the regional data protection law. The revocation of your consent for the use of your telematic data by the Company does not affect the lawfulness of processing of these data on the basis of the consent. In case of revocation of your consent, the Company will ANONYMIZE your telematic data and CONTINUE THEIR USE for the implementation of the Company’s goals and Services. By sharing with Crypto Capital GmbH the API keys to your data and by accepting the current Agreement you agree with the Company’s terms of use of your telematic data.

4. Prohibited Use of the Services

You may not access or use, or attempt to access or use, the Services to take any action that could harm us or a third party. You may not use the Services in violation of applicable laws or in violation of our, or any third party’s, intellectual property or other proprietary or legal rights. You further agree that you shall not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with our Services, or their content, or make any unauthorized use of them. Without Crypto Capital GmbH prior written consent, you shall not:

  • (i) access any part of our Services, their content, data or information you do not have permission or authorization to access or for which Crypto Capital GmbH has revoked your access;
  • (ii) use robots, spiders, scripts, service, software or any manual or automatic device, tool, or process designed to data mine or scrape the Content, data or information from our Services, or otherwise access or collect the Content, data or information from the Services using automated means;
  • (iii) use services, software or any manual or automatic device, tool, or process designed to circumvent any restriction, condition, or technological measure that controls access to the Services in any way, including overriding any security feature or bypassing or circumventing any access controls or use limits of the Services;
  • (iv) cache or archive the Content of any of our Services (except for a public search engine’s use of spiders for creating search indices);
  • (v) take action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
  • (vi) do anything that could disable, damage or change the functioning or appearance of the Services, including the presentation of advertising.

Engaging in a prohibited use of the Services may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the user and those assisting the user.

5. Software Licenses

You shall have no rights to the proprietary software and related documentation, or any enhancements or their modifications, provided to you in order to access our Services. You may not sublicense, assign or transfer any licenses granted to you by Crypto Capital GmbH, and any attempt at such sublicense, assignment or transfer shall be null and void. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from the software, content and technology behind our Services.

6. Registration and Security

6.1 As part of the registration or account creation process, you will create login credentials by selecting a password and providing an e-mail address or by linking another account. You also can be requested to provide certain registration information, which must be accurate and updated. Each registration is for a single user or company only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. You are responsible for maintaining the confidentiality of your credentials. You may not (i) select or use the login credentials of another person with the intent to impersonate that person; (ii) use login credentials in which another person has rights without such person's authorization. Failure to comply with the foregoing shall constitute a breach of these Terms of Service, which may result in immediate suspense or termination of your account.

6.2 Please notify info@cryptocapital.ai. of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your personal information.

6.3 You are responsible for all usage or activity on your account with Crypto Capital GmbH, including use of the account by any third party authorized by you to use your login credentials. Any fraudulent or other illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law-enforcement agencies.

6.4 If your access to any of our Services is going to be provided by or through a third party (for example, your employer) (the “Client”), the Client should provide us with information about you, to enable us to provide you with access to our Services.

7. Third-Party Content and Links to Third-Party Websites or Platforms

7.1Our Services contain links to third-party websites, platforms and resources (collectively, “Linked Content”). Crypto Capital GmbH does not control, endorse, sponsor, recommend or otherwise accept responsibility for any of this Linked Content. Because we are not responsible for the availability of these outside resources, or their contents or privacy practices, you should direct any concerns regarding any Linked Content to such sites, platforms and resources.

8. Fees and Payments

8.1 We reserve the right at any time to charge fees for access to portions of our Services or the Services as a whole. In no event, however, will you be charged for access to the Services without your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the Services that are now free, we will give you advance notice of such fees. You may cancel your account at any time. All new fees, if any, will be posted prominently on our website and in other appropriate locations on our Services. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any digital products or services offered for sale through the Services by us. All fees and charges shall be billed to and paid by you. You shall pay all applicable taxes relating to use of the Services through your account.

9. Termination

9.1 You may terminate your account at any time by contacting us here. Upon termination, you will receive an automated confirmation via e-mail that the cancellation was processed, and your access will be suspended within 48 hours? Termination of paid digital products will be governed by our Cancellation and Refund Policy for Digital Products.

9.2 Crypto Capital GmbH may, in its sole discretion, terminate or suspend your access to all or part of our Services for any reason, including breach or assignment of these Terms of Service.

10. Representations and Warranties; Indemnification; Limitation of Liabilities

10.1 You represent, warrant and covenant (a) that no data of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; (b) that you are at least eighteen years old. You hereby indemnify, defend and hold harmless Crypto Capital GmbH and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Crypto Capital GmbH reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

10.2 Crypto Capital GmbH does not guarantee accuracy or reliability of any of our data reports displayed or uploaded through our Services, You acknowledge that any reliance upon these data reports shall be at your sole risk. For the amount of time needed for the implementation of the Company’s goals and purposes, the Services and all software are distributed by the Company without warranties of any kind, expressed or implied. While we try our best to ensure that the Services we provide are always available, accurate, up-to-date and correct, Crypto Capital GmbH does not warrant our Services will be uninterrupted or error-free. There may occur delays or slight inaccuracies in the material or reports made available through our Services. Trucks GmbH is not responsible for investment decisions based upon, or the result from, the content provided by our Services. We are not a registered investment advisor. You hereby acknowledge that investment- or any business related decisions you make based on the materials provided by our Services is at your sole risk.

10.3 In no event will Crypto Capital GmbH, its affiliates and their respective shareholders, directors, officers, employees, advertisers, content providers and licensors (“Crypto Capital GmbH Parties”) be liable (jointly or severally) to you or any other person as a result of your access or use of the Services for indirect, consequential, special, incidental, punitive, or exemplary damages, including, without limitation, lost profits, lost savings, lost revenues, or lost goodwill (“Damages”). These limitations apply whether the alleged liability is based on negligence, tort, contract, agreement, or other theory of liability, even if any of the Crypto Capital GmbH Parties have foreseen any of the above-mentioned Damages. If any applicable authority holds any portion of this section to be unenforceable, then the Crypto Capital GmbH Parties’ liability will be limited to the fullest possible extent permitted by applicable law.

11. Governing Law, Jurisdiction

11.1 These Terms of Service have been made and shall be construed and enforced in accordance with European Union Law. Any action to enforce these Terms of Service shall be brought in the regional court in Berlin.

11.2 Any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these Terms of Service will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief. You also hereby expressly waive any right to resort to any form of class action.

12. Miscellaneous

12.1 Nothing in these Terms of Service will serve to preempt the promises made in our Privacy or Data Protection policies.

12.2 You agree to report any violations of the Terms of Service to Crypto Capital GmbH as soon as you become aware of them.

12.3 Our failure to enforce any provision of these Terms of Service or to respond to a breach by you or other parties shall not in any way constitute a waiver of our right to enforce subsequently any terms or conditions of these Terms of Service or to act with respect to similar breaches.

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