1. Parties of the AGREEMENT
These Terms and Conditions (hereinafter the "AGREEMENT") are a legally binding agreement entered into between you, either on your own behalf or on behalf of a legal entity, ("the CLIENT", "You" or "Your") and CRYPTO TECHFIN S.L., an entity incorporated under the laws of Spain, with Tax Identification Code (CIF) ESB88482609 and domiciled at C/ MONTEAMOR, No 18, BOADILLA DEL MONTE - 28660 MADRID ("CRYPTOTECHFIN" "WE", "US", or "OUR"), which regulates the access and use of the CRYPTO TECHFIN SL Platform (hereinafter, the "CRYPTOTECHFIN platform") the website https://www.cryptotechfin.com/, as well as any other form of media, media channel, mobile website or mobile application related, linked or otherwise connected thereto (collectively, the "CRYPTOTECHFIN Sites'') as well as to the services provided through such media by CRYPTOTECHFIN. You should carefully read and fully understand the contents of the AGREEMENT before accepting it. If you do not accept the AGREEMENT, you are expressly prohibited from using the CRYPTOTECHFIN Sites and/or the services provided through the CRYPTOTECHFIN Sites and you must immediately cease using them.
2. Complementary documents to this AGREEMENT
3. Update and modification of the AGREEMENT.
CRYPTOTECHFIN may modify this agreement at any time by posting the revised agreement on the CRYPTOTECHFIN Platform and/or providing you with a copy ("REVISED AGREEMENT"). In the event that the REVISED AGREEMENT would substantially alter any section of the current agreement, CRYPTOTECHFIN will notify you at least 15 days prior to the effective date of the REVISED AGREEMENT, which will occur from the time the revised agreement is posted on the CRYPTOTECHFIN Platform. If YOU decide to continue using the CRYPTOTECHFIN Sites after the publication of the REVISED AGREEMENT, such use constitutes an explicit manifestation of YOUR acceptance of the REVISED AGREEMENT. If YOU do not agree to such modification, YOUR sole and exclusive remedy is to terminate YOUR relationship with CRYPTOTECHFIN by stopping the ALGORITHMS you may be using and deleting your account in accordance with Section 21.
4. Acceptance of the AGREEMENT
By clicking on the "I accept CRYPTOTECHFIN's TERMS AND CONDITIONS" box, you acknowledge that you have read, understood and accepted the AGREEMENT. Furthermore, YOU expressly represent and warrant that YOU have full and unlimited authority and legal capacity to enter into this AGREEMENT and that YOU are in full compliance with the laws and regulations applicable to you under the legal system to which you are subject.
By clicking the "I authorize CRYPTOTECHFIN in accordance with CRYPTOTECHFIN's TERMS AND CONDITIONS" box, you acknowledge that you understand and are fully aware that you authorize CRYPTOTECHFIN to order on your behalf and for your benefit the automated execution (through ALGORITHMS) of purchases and sales of digital assets within YOUR account in an EXCHANGE pursuant to this AGREEMENT.
By entering into this AGREEMENT, YOU fully accept all its terms and conditions. If YOU become aware of any legislative or regulatory changes that YOU are subject to that contravene this AGREEMENT in whole or in part, YOU must cease using the services provided by CRYPTOTECHFIN and stop accessing the CRYPTOTECHFIN Sites.
5. About CRYPTOTECHFIN
CRYPTOTECHFIN provides an automated digital service in the form of an integrated platform service that acts as an intermediary between DEPASIFY (regulated under the registration of the Bank of Spain as a virtual for fiat currency exchange service provider offering KYC, AML, payment and brokerage gateways) and the CLIENT by exchanging information and transmitting automated orders to buy and sell cryptocurrencies owned by the CLIENT based on the strategies described for each ALGORITHM as they appear in the description of it.
For the avoidance of doubt, CRYPTOTECHFIN is NOT a cryptocurrency provider, cryptocurrency wallet, or cryptocurrency exchange broker or EXCHANGE. The DEPASIFY service provider is an external company with the integration of part of its services in our CRYPTOTECHFIN Platform. DEPASIFY provides its services to the CLIENT in an integrated, independent, and autonomous manner from CRYPTOTECHFIN. Therefore, in order to use CRYPTOTECHFIN's services, YOU must provide through our PLATFORM sufficient information to DEPASIFY for the latter to comply with AML (Anti-Money Laundering) and KYC (Know Your Customer) processes in accordance with current legislation. However, the ultimate responsibility for the custody of the capital is with DEPASIFY, being the only one capable of making withdrawals and deposits of capital in your account, with CRYPTOTECHFIN acting solely as an intermediary.
Each of the ALGORITHMS available to the CLIENT on the CRYPTOTECHFIN Platform develops a different investment strategy which is set out in the description of the ALGORITHM itself. The CLIENT selects the investment strategy he/she considers most appropriate by choosing one or more of the ALGORITHMS at his/her disposal.
Through its account ("CRYPTOTECHFIN Account") the Customer can, to the extent technically possible and in quasi-real time:
CRYPTOTECHFIN may provide through the CRYPTOTECHFIN Sites informational content about cryptocurrencies + technology + blockchain and digital assets in general, for the sole purpose of providing general information on such topics. The information may include, but is not limited to, blog posts, articles, links to third party content, news feeds, tutorials or videos. Information provided by the CRYPTOTECHFIN Sites or on any linked third party site does not constitute investment advice, financial advice, trading advice or any other type of advice, and you should not treat the website content as such. CRYPTOTECHFIN is not responsible for any decisions YOU make to buy, sell or hold digital assets, even if such decisions are made in reliance on the disclosures provided by CRYPTOTECHFIN.
CRYPTOTECHFIN is NOT registered / NOT licensed as a securities broker, investment advisor, credit institution, investment services provider, or as a company/institution related to a state securities regulatory authority, nor does it have, for any of the services it provides, the legal obligation to register or obtain such licenses in accordance with current regulations and the rules and recommendations of the regulatory body - CNMV.(www.cnmv.es)-.
CRYPTOTECHFIN does NOT offer in any way services related to cryptocurrency mining; initial coin offerings ("ICOs"); financial instruments; trading of cryptocurrency futures or other cryptocurrencies.
CRYPTOTECHFIN does NOT provide any investment, investment strategy or legal or tax advice and YOU are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for YOU based on YOUR personal investment objectives, financial circumstances and risk tolerance. YOU should be sufficiently familiar with the cryptocurrencies in which YOU wish to trade and the risks associated with them, some of which are set out in Section 17. YOU may, at any time, stop an ALGORITHM or partially or fully withdraw any funds that YOU have allocated to any ALGORITHM that YOU are using through the CRYPTOTECHFIN Platform.
The AGREEMENT governs the use of and access to the CRYPTOTECHFIN Platform, including, but not limited to, the deposit of capital into your DEPASIFY account, the various ALGORITHMS provided by CRYPTOTECHFIN and accessible through the CRYPTOTECHFIN Platform, the withdrawal of capital from your DEPASIFY account, as well as any associated information or content accessible through or in connection with the CRYPTOTECHFIN Platform (hereinafter, the "CRYPTOTECHFIN Content").
The AGREEMENT also applies to all communications between the CLIENT and CRYPTOTECHFIN, DEPASIFY and all of their employees and agents who have the ability to initiate or establish business relationships on OUR behalf by any means electronic or otherwise, including, but not limited to, the CRYPTOTECHFIN Platform and the CRYPTOTECHFIN Website.
In the event that the CRYPTOTECHFIN Platform allows in the future access to additional services not covered by this AGREEMENT, its access will be regulated in a new agreement that must be accepted by the CLIENT prior to accessing the new services.
6. External service providers
In order to use the services of CRYPTOTECHFIN you must register through our PLATFORM in DEPASIFY, our partner with EXCHANGE license in Spain granted by the Bank of Spain, so as to allow you to buy and sell cryptocurrencies.
Cryptocurrency purchase and sale transactions are executed by DEPASIFY.
In the event that this AGREEMENT is resolved or terminated for any reason, any AUTHORIZATION granted under this AGREEMENT shall be deemed withdrawn.
Finally, in the event of breach of this AGREEMENT by CRYPTOTECHFIN the CLIENT may always contact DEPASIFY, the custodian of his money, to proceed with the withdrawal and deposit of his money by sending an email to firstname.lastname@example.org.
7. Services provided by CRYPTOTECHFIN
The CRYPTOTECHFIN Platform allows the CLIENT to monitor the value and evolution of THEIR assets in THEIR DEPASIFY account linked to OUR PLATFORM and to access and use algorithms provided by CRYPTOTECHFIN developers (ALGORITHMS) as indicated in Sections 12 to 16.
CRYPTOTECHFIN provides an automated digital service in the form of an integrated platform for Clients in which algorithms developed by CRYPTOTECHFIN connect and operate with the CLIENT's accounts opened in DEPASIFY to buy and sell cryptocurrencies in accordance with the characteristics of the ALGORITHM chosen by the CLIENT.
The services of the CRYPTOTECHFIN Platform allow the CLIENT to self-invest, i.e, to decide personally and individually their investment policy by choosing the algorithms (ALGORITHMS) that best fit his/her investor profile, investment objectives and risk assumption. Each ALGORITHM operates in relation to one or several cryptocurrencies determined and duly identified in the description of the ALGORITHM, which are its BASE CRYPTOCURRENCIES.
The CRYPTOTECHFIN Platform allows, within the limits of technology, to know the current value of your investments, although, due to limitations of the technology itself and of communications, sometimes there may be a small difference between the calculation of the value of the investment displayed on the CRYPTOTECHFIN Platform and the calculation of the current value of your investment. CRYPTOTECHFIN relies on the DEPASIFY provider that stores and effectively operates your cryptocurrencies to obtain this information. With the sole and exclusive objective of facilitating the client to obtain the necessary funds for the activation of the ALGORITHM that they have selected, the CRYPTOTECHFIN Platform allows the CLIENT to issue orders to buy or sell cryptocurrencies in DEPASIFY without the intervention of any ALGORITHM.
The CRYPTOTECHFIN Platform allows the CLIENT to know the description, functionality and performance of
each ALGORITHM before activating it through the publication of a tested history with backtesting and
data of each ALGORITHM.
These data allow us to know the results obtained by each ALGORITHM in the past, but in no case are they a prediction or guarantee of the results obtained in the future, as these depend on a multitude of factors beyond OUR control. Therefore, it is YOU who makes all decisions regarding the use and allocation of the ALGORITHMS that we make available to you.
These decisions can be made securely through the CRYPTOTECHFIN Platform in the manner described in Section 13.
CRYPTOTECHFIN may, in its sole discretion, modify or discontinue any service or ALGORITHM at any time. Although, we will provide you with prior notice of material changes or discontinuance of a product, service or feature, to the extent required or applicable.
8. Obligations of the CUSTOMER
YOU should be aware that YOU are subject to the following obligations as part of this AGREEMENT:
9. Suitability of our services for YOU
The CRYPTOTECHFIN Platform and the services we provide are suitable for clients who have prior knowledge of the cryptocurrency market and digital assets in general and who invest in this market independently and without assistance. They are, therefore, clients who are aware of the economic situation, have interest and experience in investments, understand the risks and take them financially and emotionally.
The CRYPTOTECHFIN Platform and the services we provide are NOT suitable for clients who cannot assume the risks associated with investing, or who have invested or intend to invest a significant amount of their income or wealth, or who have relatively small income and assets, or who do not understand the risks of investing, or who are unable to invest independently and without assistance.
10. Exchange of fiat money (FIAT) to cryptocurrencies and vice versa.
The exchange of fiat money (FIAT) to the BASE Cryptocurrency of the ALGORITHM that the CLIENT has decided to activate and vice versa, is done through the account that the CLIENT opens in DEPASIFY through our platform.
You can access DEPASIFY's terms and conditions at https://www.depasify.com/terms-conditions.
The exchange of fiat money (FIAT) to the BASE CRYPTOCOIN of the ALGORITHM or ALGORITHMS that the CLIENT has decided to activate and the exchange of these cryptocurrencies to fiat money (FIAT) is a service NOT PROVIDED by CRYPTOTECHFIN but by DEPASIFY.
11. Cost of service
The use of the services and the CRYPTOTECHFIN Platform is subject to a commission calculated as a percentage of the profits obtained by the CLIENT through the use of ALGORITHMS in the month prior to its accrual. This commission is calculated in EUROS.
The different ALGORITHMS that CRYPTOTECHFIN makes available to YOU may have a different commission (a percentage), in any case, YOU will always be informed of the percentage that applies as commission for the use of each ALGORITHM in the description of the ALGORITHM and, again, during the activation process.
This commission is calculated and paid in EUROS regardless of the BASE CRYPTOMONEY of the ALGORITHMS activated by the CLIENT. The commissions shall include any applicable taxes.
The benefits obtained by the CLIENT through the use of an ALGORITHM will correspond to the amount managed by the ALGORITHM that exceeds the last WATERMARK for that ALGORITHM.
The WATERMARK for each ALGORITHM is determined by the funds linked by the CLIENT to that ALGORITHM. The initial WATER MARK is determined by the first allocation of funds to the ALGORITHM and will be increased or decreased by successive allocations or de-allocations of funds to that ALGORITHM. In the event that the CLIENT de-allocates funds to an ALGORITHM, the benefits up to the time prior to the de-allocation of funds will be calculated and, if these had occurred, the CLIENT will be billed for the percentage corresponding to such benefits, and a new billing cycle will begin with a WATERMARK set at the amount of funds remaining.
Each ALGORITHM shall be invoiced monthly according to the percentage agreed upon of the profit generated in the corresponding month with respect to the respective WATER MARK.
Each contracted ALGORITHM shall be invoiced independently from the rest of the contracted ALGORITHMS and exclusively on the profit that such ALGORITHM would have obtained.
In the event that during one or more months there are losses that reduce the funds available to the ALGORITHM below its WATER MARK, it shall not be considered that there are profits until such funds exceed the aforementioned WATER MARK.
CRYPTOTECHFIN may modify the fee applicable to the use of any of its services at any time. Any modification in the cost of the service will be published on the CRYPTOTECHFIN Platform and will be notified to the CLIENT at least 15 days prior to its application. In the event that the CLIENT does not agree with the new cost of the service, it may terminate this AGREEMENT by terminating the relationship with CRYPTOTECHFIN for which it must stop the ALGORITHMS it may be using and proceed as indicated in Section 21 before its entry into force.
12. Creating an account on the CRYPTOTECHFIN Platform
In order to access the CRYPTOTECHFIN Platform and the services provided by CRYPTOTECHFIN, the CLIENT must first create an account on the CRYPTOTECHFIN Platform. In order to make a capital deposit to be able to activate the CRYPTOTECHFIN algorithms, it will be necessary to create an account in DEPASIFY. This account is necessary in order to use OUR services.
In order to make FIAT income with DEPASIFY, you must comply with the terms and conditions of the platform, specified at https://www.depasify.com/terms-conditions.
Additionally, during the registration of your account on the Platform or at any other time deemed necessary, CRYPTOTECHFIN may request YOU or obtain information from third parties in order to verify your identity, provide you with the services and access to the CRYPTOTECHFIN Platform and detect suspicious transactions that may constitute money laundering, financing of terrorism, fraud or any other financial crime and YOU allow us to keep a record of such information during the entire term of this AGREEMENT and for the duration of any legal obligations we may have regarding its preservation or its availability to the competent administrative or judicial authorities.
YOU agree that the data obtained by CRYPTOTECHFIN may be disclosed to the competent public bodies for the prevention of fraud, financial crime or any other illicit or criminal activity.
In order to create an account as an individual on OUR Platform YOU must be of legal age, be fully legally capable, not have had an account with US previously that has been suspended or terminated for any reason and be able to, under applicable law. In order to create an account on behalf of a legal entity in OUR Platform YOU must have power of attorney of such entity sufficient to make it validly enter into this AGREEMENT. In both cases, the CLIENT must be legally able to maintain an active account in DEPASIFY.
The use of your account is personal and non-transferable, and YOU are solely responsible for the activity carried out under your account. Under no circumstances may YOU create or use the services or access the CRYPTOTECHFIN Sites for commercial purposes and in particular to operate in the name or on behalf of a third party. These uses are considered a material breach of this AGREEMENT.7
If YOU suspect or become aware that a third party has gained access to your account, you should notify CRYPTOTECHFIN and we will assist you in re-securing your account. CRYPTOTECHFIN assumes no responsibility for any unauthorized or unauthorized use of your account by a third party.
In the event that YOUR account remains inactive, i.e. without YOU having accessed it for a period of more than six months, CRYPTOTECHFIN will attempt to contact YOU to find out the reasons for this inactivity. If we have not been able to contact YOU within two weeks or if we have not received a response from YOU, CRYPTOTECHFIN may suspend your account. If an account remains inactive for more than twelve months, CRYPTOTECHFIN may proceed with its cancellation by notifying this decision via the most recent email address YOU have provided to us.
CRYPTOTECHFIN may, at its discretion, refuse to open an account, suspend or terminate an account on the CRYPTOTECHFIN Platform.
13. Algorithm assignment orders (ALGORITHMS)
An algorithm assignment order takes place when the CLIENT indicates through the CRYPTOTECHFIN platform that he/she wishes to "ACTIVATE ROBOT", "MODIFY CAPITAL" or "STOP ROBOT". CRYPTOTECHFIN keeps a digital record of all algorithm assignment orders that have been granted by its clients in relation to the different ALGORITHMS chosen.
An algorithm assignment order involving "starting an ALGORITHM" or "adding more funds to an ALGORITHM" links the funds selected by the CLIENT to the ALGORITHM also chosen by the CLIENT to trade with those funds. In order to be activated, ALGORITHMS may require a minimum amount of funds in their BASE CRYPTOCURRENCIES available in the CLIENT's account in YOUR EXCHANGE.
Allocation orders may not exceed the amount present in the Client's "available funds" portfolio.
14. Deposit and Withdrawal Assignment Orders
To transact on the CRYPTOTECHFIN Platform, the CLIENT must make a FIAT deposit into DEPASIFY's bank account as outlined on the platform.
The ownership of the cryptocurrencies is retained by the CLIENT at all times, with DEPASIFY safeguarding them and at no point are they transferred to CRYPTOTECHFIN. As the owner of the cryptocurrencies, YOU must bear the risks of fluctuation or loss of these assets.
15. Cancellations and refunds
The CLIENT understands and agrees that any order or transaction, once marked as executed or completed, is final and cannot be cancelled, modified, or reversed.
CRYPTOTECHFIN may at any time cancel or choose not to process an order or transaction when required by a competent judicial or administrative authority, by law, or if there is a reasonable suspicion that the transaction may be related to illegal activities, including but not limited to money laundering, terrorist financing, fraud, or any other crime.
The ALGORITHMS used by CRYPTOTECHFIN issue numerous purchase and sale orders involving both cryptocurrencies and fiat currencies, which are executed by an external cryptocurrency exchange provider (DEPASIFY). Therefore, CRYPTOTECHFIN does not directly carry out these operations nor does it acquire or sell any assets.
It is possible that there may be a difference in the asset's price from the time an order is sent until the moment it is executed by DEPASIFY. This difference, known as SLIPPAGE, can be positive or negative and is beyond CRYPTOTECHFIN's control.
SLIPPAGE is more likely to occur with assets that are subject to rapid price changes or during periods of high volatility, and with assets that have low liquidity.
SLIPPAGE OR SLIP is more likely to occur with regard to assets or in times of high volatility as their price changes very quickly. Likewise, it is also more likely regarding assets with low liquidity since, due to the scarcity of supply or demand of such assets, the execution of the order may be significantly delayed.
17. Main risks of trading cryptocurrencies
Cryptocurrency is a digital representation of value that functions as a means of exchange, unit of account or store of value, but is not legal tender. Cryptocurrencies are generally not backed or supported by any government or central bank. Cryptocurrency markets and exchanges are not regulated by the same controls or safeguards for customers that exist for investment in stocks, options, futures or foreign exchange. The cryptocurrency market is very volatile, making it very risky to trade cryptocurrencies.
The main risk of trading in cryptocurrencies is the possibility that the CLIENT may lose part or all of the money invested. Before trading in cryptocurrency markets in general and, therefore, before deciding to use CRYPTOTECHFIN's services, it is important that the CLIENT fully understands the risks associated with cryptocurrencies.
The actual returns and losses that the Client may experience will vary depending on many factors, such as, for example, market behavior and movements and the size of your trades. It is important to note that the price of a virtual currency could potentially drop to zero. Cryptocurrency prices are prone to significant fluctuations, for example, due to announcements of future regulations on digital assets or their taxation, government restrictions, news related to cybercrime or other factors, which may cause excessive enthusiasm in the market or a disproportionate loss of confidence. In general, the higher the expected return, the higher the probability of suffering (large) losses.
The value of investments and the return on investments can vary significantly up and down, and the entire amount invested can be lost.
Investments in early-stage projects involve a high level of risk, so it is necessary to properly understand their business model.
Crypto-assets are not covered by state mechanisms of customer protection such as the Deposit Guarantee Fund or the Investor Guarantee Fund.
Crypto-asset prices are formed in the absence of mechanisms that ensure their correct formation, such as those present in regulated securities markets. The prices of virtual currencies can be manipulated, at least theoretically.
Certain cryptoassets may lack the liquidity needed to unwind an investment without significant losses, as their circulation among both retail and professional investors may be very limited.
Distributed registry technologies (BLOCKCHAIN) are still at an early stage of maturity, with many of these networks having been created only recently, so they may not be sufficiently tested and there may be significant flaws in their operation and security.
The recording of transactions in networks based on distributed log technologies works through consensus protocols that can be susceptible to attacks that attempt to modify this record and, if these attacks are successful, there would be no alternative record to back up these transactions and therefore the balances corresponding to the public keys, and all the cryptoassets could be lost.
The anonymity facilities that cryptoassets can provide make them a target for cybercriminals, since in the case of stealing credentials or private keys they can transfer the cryptoassets to addresses that make their recovery difficult or impossible.
The custody of crypto-assets is a very important responsibility since they can be lost in their entirety in the event of theft or loss of private keys. Remember that the management and custody of YOUR cryptocurrencies is done by YOUR EXCHANGE.
18. Limitation of liability
CRYPTOTECHFIN shall in no event be liable for any damages caused by the CLIENT's failure to comply with any of the obligations contracted between them.
In no case shall CRYPTOTECHFIN be liable for services contracted outside the official channels of CRYPTOTECHFIN provided for in this agreement. CRYPTOTECHFIN takes all necessary measures according to the current state of the art so that the CRYPTOTECHFIN Platform does not suffer interruptions, but cannot guarantee the absence of technological failures, delays or interruptions in any backbone network, public infrastructure, Internet servers or Internet services necessary for its proper functioning, as well as failures in the equipment or communications systems of the CLIENT, nor delays, failures or interruptions in DEPASIFY and, consequently, does not assume any liability for damages that may be generated by the lack of availability and access failures caused by disconnections, breakdowns, overloads or network failures not attributable to CRYPTOTECHFIN and, in general, by the interruption of the service for any reason of force majeure.
Access to the CRYPTOTECHFIN Platform and/or the services provided through it may be occasionally interrupted due to maintenance or updating needs of the systems or infrastructure.
Liability will be limited to the maximum amount, calculated as the difference between the initial investment at the start of each month by the ALGORITHM and the remaining balance at the month's end exclusively in cases in which due to fault or negligence of CRYPTOTECHFIN, an incorrect or unauthorized transaction is carried out on behalf of the CLIENT. In this case, the CLIENT will notify CRYPTOTECHFIN within 7 calendar days after receiving the settlement of the month in question.
19. Internal complaint resolution procedure
If YOU have any problem or complaint related to OUR services or Sites, YOU should first contact our support department, which will use its best efforts to resolve the problem or complaint.
In the event that our support service has been unable to resolve your complaint, and before making any administrative or judicial claim, YOU agree to use our INTERNAL COMPLAINT RESOLUTION PROCEDURE detailed below.
If you have a complaint related to OUR services or the use of OUR Sites and it has not been resolved by the support service, you should send us an email to email@example.com with the subject "COMPLAINT". This is the only method for submitting your claim.
In your email you must include your full name, email address registered on the CRYPTOTECHFIN Platform and a description as detailed as possible of the problem or complaint and the solution you expect to obtain.
Once we receive your email we will send you by the same method an electronic acknowledgement of receipt indicating that we have received your complaint and we are working on its resolution.
Depending on the nature and complexity of the complaint we may need to request additional information, documentation or screen shots. If within thirty days of the request for this additional information it has not been received or YOU have not provided a reasonable reason for its failure to be sent, we will consider the complaint to be resolved favorably.
CRYPTOTECHFIN will respond by e-mail to your complaint within 30 days of receipt of the complaint or of the additional information if requested in accordance with the preceding paragraph.
If CRYPTOTECHFIN resolves your complaint favorably, it will inform you of the measures to be taken for its resolution, which must be implemented within a period not exceeding 2 months.
If CRYPTOTECHFIN considers your complaint to be unfounded, it will inform you of the reasons within 30 days.
20. Procedure in case of death of the CLIENT
In the event that CRYPTOTECHFIN becomes aware or is notified of the death of the CLIENT, we will proceed to cancel the account, stopping all operations and ALGORITHMS that were active.
CRYPTOTECHFIN does not maintain or custody YOUR digital assets so, in case of death, YOUR heirs must contact DEPASIFY, who acts as the custodian of your digital assets, in order to access them. The third-party provider's own regulations shall apply.
21. Resolution of the AGREEMENT
Default of the CUSTOMER:
The contract may be terminated based on the breach of the obligations assumed by the CUSTOMER.
In this regard, prior to the termination, an attempt will be made for the CUSTOMER who is in default to remedy it within a period of 7 calendar days, from the time the defaulting party is notified and required to remedy it.
However, the possibility of remedying the breach shall not be an obstacle to the immediate exercise of the power of termination in cases of irremediable, repeated and serious breach.
Withdrawal of the CLIENT:
The CLIENT may unilaterally withdraw from the contract, although, in order to guarantee the indemnity of the other party, the following obligations must be respected:
The CUSTOMER shall follow the following steps to ensure proper termination of the services:
Stop all ALGORITHMS that you have activated.
Withdraw your DEPASIFY funds through the CRYPTOTECHFIN platform.
Delete your CRYPTOTECHFIN Account.
If YOU are unable to successfully complete any of these steps, you should contact our support service so that, within two working days, they can offer you a solution.
The CUSTOMER undertakes to assume the payment corresponding to the service rendered up to that moment according to the particular terms agreed upon.
22. Intellectual Property
The entire content of the CRYPTOTECHFIN Platform, including all software, design, text, editorial materials, informative texts, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, color combinations, or any other element, its structure and design, the selection and form of presentation of the materials included therein and the names, logos, trademarks and service marks, is protected by industrial and intellectual property rights owned by CRYPTOTECHFIN or its licensors. The CLIENT shall respect these rights and shall not carry out any activity that may infringe them or make it easier for a third party to infringe them.
CRYPTOTECHFIN and its logo are a registered trademark by CRYPTO TECHFIN S.L. so they can not be used without OUR express consent.
Under no circumstances should the use or access to the CRYPTOTECHFIN Platform be construed as granting the CLIENT the possibility to use in any way the aforementioned trademarks or distinctive signs.
The use, reproduction, distribution, public communication, transformation, making available to the public or any other similar or analogous activity in relation to the content of the CRYPTOTECHFIN Platform, is strictly prohibited unless express authorization from CRYPTO TECHFIN S.L. is obtained.
If YOU want to link to our Web Site the link should be directed to the main page (Home) to be accessed with a single click and absolutely, ie, showing the entire Web Site, including its URL.
The creation of ¨framings¨ or the use by third parties of any mechanisms that alter the original design, configuration, or content of the Web Site is expressly prohibited
For any other form of linking you need our consent and we ask you to contact us.
Entire Agreement. This AGREEMENT supersedes and replaces all other contracts or agreements, written or verbal, concluded between the PARTIES prior to the execution of the AGREEMENT in relation to the same subject matter.
Communications. This AGREEMENT establishes as official channels for communications with customers only those specifically listed in this link (which will be duly updated by CRYPTOTECHFIN): Any communication made by the CLIENT through a channel other than those listed in the document mentioned in the previous paragraph, will be considered as not having been made.
CRYPTOTECHFIN will never communicate with YOU through channels other than those set forth as official channels of communication in this AGREEMENT. In the event that you receive a communication on behalf of CRYPTOTECHFIN through other channels it may be an attempt at fraud and, for YOUR safety, you should disregard it and report any suspicious attempt to communicate with YOU on OUR behalf to CRYPTOTECHFIN.
Severability. Should any provision of this AGREEMENT be declared illegal, invalid, void, or unenforceable by a judicial or administrative authority, this shall not affect the legality, validity, or enforceability of the remaining provisions. The unaffected provisions will remain in full force to the extent that the overall purpose of the AGREEMENT can be achieved, unless the affected provisions are deemed essential.
No Waiver. The failure of CRYPTOTECHFIN to insist upon strict compliance with any of the obligations under the AGREEMENT, or to exercise any rights or remedies, shall not be deemed a waiver of such rights or remedies and shall not relieve the CLIENT from compliance with such obligations. A waiver shall not be effective unless it is expressly stated as such and communicated to the CLIENT in writing.
Headings. The headings of the sections of this AGREEMENT are included solely for clarity and ease of reference and do not affect the interpretation of this AGREEMENT.
Terms of the AGREEMENT. The capitalized terms of this AGREEMENT shall have the meanings ascribed to them in the Clauses of this AGREEMENT.
Annexes to the AGREEMENT. The Annexes to this AGREEMENT, if any, form an integral part of the AGREEMENT.
24. Applicable law and jurisdiction
The Parties agree to submit any disputes or claims arising out of or in connection with the interpretation or execution of the AGREEMENT, including all non-contractual obligations arising from or related to the AGREEMENT, to the exclusive jurisdiction of the Courts of Madrid.