Terms of Use

Please note that this privacy statement will be updated periodically

Welcome to Cryptool! By accessing or using our web application, you agree to be bound by these Terms of Service ("Terms").

These Terms constitute a legally binding agreement between you ("you" or "your") and Cryptool ("Cryptool", "we", "our" or "us"), governing your use of the Cryptool Services made available to you on or through the Platform. The services may be provided either by Cryptool or by any Cryptool Affiliate, as specified in these Terms, any Product Terms, or any additional terms."

To access our web application, you must register for an account, ensuring that all provided information is accurate, complete, and current. You are responsible for maintaining the confidentiality of your account details and all activities conducted under it. By registering for a Cryptool Account, accessing the Platform, or utilizing the Cryptool Services, you affirm that you have comprehended and accepted these Terms, alongside any additional documents or terms referenced herein. You acknowledge your obligation to adhere to these Terms, subject to periodic updates and amendments.
If you do not understand and accept these Terms in their entirety, you should not register for a Cryptool Account or access or use the Platform or any Cryptool Service.

We are not your broker, intermediary, agent or advisor and we have no fiduciary relationship or obligation to you in connection with any Transactions or other activities you undertake when using the Cryptool Services. We do not provide investment or consulting advice of any kind and no communication or information that we provide to you is intended as, or should be construed as, advice of any kind.

It is your responsibility to determine whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance and you are responsible for any associated loss or liability. We do not recommend that any Digital Asset should be bought, earned, sold or held by you. Before making the decision to buy, sell or hold any Digital Asset, you should conduct your own due diligence and consult your financial advisor. We are not responsible for the decisions you make to buy, earn, sell or hold Digital Assets based on the information provided by us, including any losses you incur arising from those decisions.

INFORMATION ABOUT OUR AGREEMENT WITH YOU

Introduction

1.1. About us. The Cryptool operates as an ecosystem facilitating early-stage investments, providing a platform for investors and venture capitals to engage in Digital Asset trading. We offer users a platform to participate in early-stage investments, alongside features such as Digital Asset trading, and other related services.

1.2. These Terms. By registering to open a Cryptool Account you are entering into a legally binding agreement with us. These Terms will govern your use of the Cryptool Services and tell you who we are, how we will provide the Cryptool Services to you, how these Terms may be changed or terminated, what to do if there is a problem, along with other important information.

You must read these Terms, together with the documents referenced in the Terms, carefully and let us know if you do not understand anything.

Where any Local Terms apply to your use of the Cryptool Services, such Local Terms shall govern your use of the Cryptool Services.

1.3. Additional documents. These Terms refer to a number of additional documents which also apply to your use of the Cryptool Services. This includes:

• Our Privacy Policy, which sets out the terms on which we process any personal data we collect about you, or that you provide to us. By using the Cryptool Services, you understand and agree to such processing and you promise that all data provided by you is accurate and up to date.
• Our Risk Warning, which sets out important information on the risks that can arise when buying, selling, holding or investing in Digital Assets.
• The Fee Structure page on our Website
• Product Terms, which set out additional terms and conditions that will apply to your use of specific Cryptool Services.

You acknowledge that you will be bound by, and agree that you will comply with, any relevant additional terms and conditions that apply to your use of the Cryptool Services.

Eligibility Criteria

In order to create a Cryptool Account and access our services, you must meet the following criteria:

• You must be an individual, corporation, legal entity, or any other organization with the full authority to access and utilize our services, as well as to adhere to the terms outlined in this agreement.
• If you are an individual, you must be at least 18 years old.
• If you are representing a legal entity, acting as an employee or agent, you must be duly authorized to enter into this agreement on behalf of the entity.
• You must not have been previously suspended or banned from using Cryptool services.
• You must not be classified as a Restricted Person.
• You must not currently possess an active Cryptool Account.
• You must not be located, incorporated, established, or conducting business in any jurisdiction where accessing or using Cryptool services would be illegal under applicable laws, or where it would cause a violation of any laws, regulations, or restrictions.

Alterations to Admission Criteria

We reserve the right to modify our eligibility criteria at any time at our sole discretion. Whenever possible, we will provide advance notice of such changes. However, there may be instances where changes need to be implemented without prior notification due to:

• Legal or regulatory requirements.
• Changes made for the benefit of our users.
• Other valid reasons that necessitate immediate action without prior notice.

In cases where advance notice is not feasible, we will inform you of the changes as soon as possible after they are implemented.

Contact Methods

3.1. How you can contact us. For more information on Cryptool, you may refer to the information found on our Website. If you have questions, feedback or complaints you can contact us via our Support team through our webform. These Terms may specify contact details for particular notices. This address is not monitored for those notices.

3.2. How we will contact you. We will contact you using the details you provide to us. This may include contacting you by email. It is important that you ensure that your contact details are correct and up to date. If your contact details change, you must let us know immediately. If you do not, we will not be responsible if you do not receive information, notices or other important information from us.

Cryptool Services

4.1. Specific product terms. Once you have opened a Cryptool Account, you will be able to use the Cryptool Services in accordance with these Terms and the Product Terms that govern your use of each specific Cryptool Service.

4.2. You acknowledge and agree that some of the Cryptool Services may be provided by Cryptool Affiliates and Third Parties.

Message Service

5.1. Availability of Message Service. We may make our interactive online message service available to you ("Message Service") at any time in connection with your use of any of the Cryptool Services. By using the Message Service, you may interact with an automated message, or other non-human. We will disclose the use of a bot, or other non-human, to the extent required by Applicable Law. When engaging with us through use of the Message Service, you authorize us to monitor and save your messages.

5.2. Important information. The Message Service is provided as a convenience, often to facilitate your understanding of the Cryptool Services. Our Message Service will make reasonable efforts to provide you with accurate and current information based on your question or need. Nothing we communicate in the Message Service will be considered a legal agreement, representation or warranty as to the Cryptool Services, processes, decisions, or response times. Any personal data shared with us when using the Message Service will be subject to the applicable privacy-related policies and notices described in our Privacy Policy.

5.3. User Messages. In addition, we may make available to you messages that allow you to interact directly with other users of the Platform ("User Message ").

5.4. Prohibited actions. You must not use the Message Service or any User Message to send any abusive, defamatory, dishonest, or obscene message or any messages intended to manipulate a market or to spread false or misleading information or messages that are otherwise in contravention of Applicable Laws, and doing so may result in termination of the Message Service session and may lead to restrictions on the availability of Cryptool Services to you.

Fees and Calculations

6.1. Payment of fees. You agree to pay all applicable fees in connection with your use of the Cryptool Services as set out on the Fee Structure page on our Website, or otherwise communicated to you in any relevant Product Terms.

You authorize us to deduct all applicable fees, commissions, interest, charges and other sums that you owe from your transactions under these Terms or any Product Terms in accordance with the method of calculation set out on our Fee Structure page.

6.2. Amending our fees. We may adjust our fees from time to time in accordance with clause ‎17.3 of these Terms.

6.3. Calculations: Any calculations performed by Cryptool in relation to its services are deemed final and binding on you unless a clear error is evident. These calculations will adhere to the specified methodology for the respective Cryptool service, determined in good faith at our discretion."

This revision clarifies the process of calculations and emphasizes their finality, while also specifying the conditions under which they may be reviewed.

INFORMATION ABOUT YOUR CRYPTOOL ACCOUNT

Creating a Cryptool Account

7.1. Account opening. You must create and maintain a Cryptool Account in order to access the Cryptool Services and the Platform. This may be a Cryptool Account for an individual user, or a Corporate Cryptool Account where the user is a corporation, entity or other organization.

All Cryptool Accounts are provided at our absolute discretion. We reserve the right to refuse any application for a Cryptool Account without reason or to limit the number of Cryptool Accounts that you may hold.

7.2. Sole benefit. By opening a Cryptool Account you agree that:

• Where you are an individual user, you will use your Cryptool Account only for yourself, and not on behalf of any third party, unless you have obtained our prior written consent to do so; and
• Where you are a corporate user, your Permitted Users will use the Corporate Cryptool Account only for your benefit, and not on behalf of any third party, unless our prior written consent has been obtained. Additionally, you will not offer direct market access to the Platform to any other party, including through the use of a sub-account, unless and until such other party has completed identity verification deemed appropriate by Cryptool and has separately on boarded onto the Platform. Any other party so verified shall be considered a "Permitted User" as that term is described herein. For avoidance of doubt, any entity or individual using a Cryptool Sub-Account must be separately verified to be considered a "Permitted User" and to be permitted to use the Cryptool Services.

You are fully responsible for all activity that occurs under your Cryptool Account.

7.3. Identity verification. You may need to comply with our identity verification procedures before you are permitted to receive access and use some of the Cryptool Services, whether independently or through a third-party service, by providing us with certain information about yourself and, where relevant, all of your Permitted Users. All information that you provide must be complete, accurate and truthful. You must update this information whenever it changes.

You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity, and that of any Permitted Users, or protect you and/or us against fraud, money laundering, terrorist financing or other financial crime, and to take any action we deem necessary based on the results of such inquiries.

When we carry out inquiries, you acknowledge and understand that your personal data, and that of any Permitted Users, may be disclosed to identity verification, compliance data recordation, credit reference, fraud prevention, or financial crime agencies and that these agencies may respond to our inquiries in full.

You can review our Privacy Policy to have more information about how we process your personal data.

7.4. Enhanced due diligence. We may also require you to comply with our enhanced due diligence procedures by submitting additional information about yourself, your business or your Permitted Users, providing additional records or documentation, or having face to face meetings with representatives of Cryptool.

7.5. Records. We keep your personal data to enable your continued use of Cryptool Services, for as long as it is required in order to fulfill the relevant purposes described in this Privacy Policy, and as may be required by law such as for tax and accounting purposes, compliance with anti-money laundering laws, or as otherwise communicated to you. Please review our Privacy Policy for more information on how we collect and use your personal data relating to the use and performance of our Sites and the Cryptool Services.

Information Requests

8.1. When we may request information. We may require information from you at any time for the purposes of complying with any Applicable Law, identity verification requirements, or in connection with the detection of money laundering, terrorist financing, fraud, or any other financial crime, or for any other valid reason. You agree to provide us with any such information we request and permit us to keep a record of the information for the lifetime of your Cryptool Account as long as it is required to fulfill their intended purposes, or such other period as prescribed by Applicable Law.

8.2. What happens when you provide information? Your access to your Cryptool Account and the Transaction limits that apply to your use of the Cryptool Services may be altered as a result of information collected about you on an ongoing basis. If there is a reasonable suspicion that any information provided by you is wrong, untruthful, outdated, or incomplete, we may send you a notice to request corrections, remove relevant information, or do such other things that we consider necessary to ensure that the information provided by you is true and correct.

8.3. If you fail to provide any requested information. You must comply with any information request we send to you. If you decline to provide the requested information, or otherwise do not comply in a timely manner, we reserve the right to suspend or terminate your access to your Cryptool Account, or to all or part of the Cryptool Services immediately, without notice.

Accessing your Cryptool Account

9.1. Access. To access your Cryptool Account you or, where relevant, your Permitted Users, must have the necessary equipment (such as a computer or smartphone) and access to the internet. Your Cryptool Account can be accessed directly using the Platform or by such other means of access (including APIs) as we may prescribe. You are only permitted to access your Cryptool Account by using the UserIDs we provide to you or your Permitted Users for such purposes. You may require multi-factor authentication to keep your Cryptool Account safe and secure.

9.2. Restricting access to third parties. You must ensure that any Cryptool Account(s) registered under your name will not be used by any person other than yourself or, with respect to Corporate Cryptool Accounts, your Permitted Users, other than in accordance with these Terms.

Account Information and Transaction Records

10.1. Your Account Activity. You will be able to access your Account Activity on the Platform. You must review your Account Activity carefully and let us know if you see any entries or Transactions that you do not recognise or you think are incorrect within fourteen (14) calendar days of the date that your Account Activity is provided or made available to you.

10.2. Errors. We may rectify any error in your Account Activity at any time, and reserve the right to void, cancel or reverse any Transaction involving or deriving from a Manifest Error or to amend the details of such Transaction to reflect what we reasonably consider to be the correct or fair details of such a Transaction.

You acknowledge and agree that where you execute any Transaction with Improper Intent and/or in the case of Manifest Error, Cryptool is authorized by you (without any payment or penalty or liability due by Cryptool and provided that such action is in compliance with Applicable Law) to either:

1. Cancel/void such Transaction and treat such Transaction as if they had never been entered into; or
2. Amend the price(s) of such Transaction (upon notice from Cryptool to you of the amended price(s)) to reflect the prevailing actual price(s) as at the relevant time, as determined by Cryptool by reference to an available source for fair market pricing;

If Cryptool cancels a Transaction pursuant to the rights referred herein, Cryptool will reverse any transfers of Digital Assets that have been made to and/or from your Cryptool Account in connection with such Transaction as if that Transaction had never taken place.

If Cryptool amends a Transaction pursuant to the rights referred herein, Cryptool will confirm the details of the amended terms of the Transaction to you through an agreed communication channel and will affect such transfers of Digital Assets to and/or from your Cryptool Account as are required to reflect the terms of the amended Transaction.

You acknowledge and agree that you shall be solely responsible for your own transactions with any third parties that may have been entered into in connection with or reliance on any Transaction(s) that may be subject to any cancellation/amendment pursuant to Cryptool's rights herein.

10.3. Information sharing. We may be required under these Terms or Applicable Law to share information about your Cryptool Account and Account Activity with third parties and Cryptool Affiliates. You acknowledge and agree that we are entitled to disclose such information. For more information about how we process your personal data you can review our Privacy Policy.

USING YOUR ACCOUNT

Transactions

11.1. Accuracy of Transactions. You must ensure that any Transaction submitted is complete and accurate. We are not required to verify the accuracy, authenticity, or validity of any Transaction and will not monitor or reject Transactions on the basis that they appear to be duplicates or incorrect. However, if we have doubts about a Transaction's accuracy, authenticity, or validity, we may refuse or defer acting upon it or seek further information.

Transactions are irrevocable; once submitted, neither you nor Cryptool can undo the event. A Transaction is not considered received by us until it has reached our server. Our record of all Transactions is conclusive and binding.

11.2. Authorization of Transactions. By submitting a Transaction, you or your Permitted Users authorize us to initiate it on your Cryptool Account. We are authorized to withdraw (or provide settlement information to third parties for withdrawing) your Digital Assets from your Account in accordance with your Transaction.

11.3. Security of Transactions. You acknowledge that Transactions and information transmitted on the Platform or by email are generally sent via the internet and may pass through public, transnational installations that are not specifically protected. We cannot guarantee complete protection against unauthorized access and you accept the associated risks.

11.4. Withdrawals. Subject to these Terms and any applicable Product Terms, and provided that you have sufficient balance on your personal Wallet Account in connection with any Cryptool Service, you may request Cryptool to transfer Digital Assets to an external wallet by submitting a deposit request on the Platform. Upon receipt, Cryptool will: (i) deduct your balance; and (ii) initiate an on-chain transfer to the external wallet designated. Cryptool may not process a request if we reasonably believe that Applicable Law prevents its execution. We may also suspend deposits and transactions to resolve any incidents on the Platform, resuming them once resolved.

Transactions with Third Parties

12.1. Entering into Transactions. You may enter into Transactions directly with us or with other users, facilitated by us. We do not guarantee that any Transaction will be completed successfully or within a specific time frame.

12.2. Unauthorized Transactions. You are responsible for the control and use of your Cryptool Account. We assume that any Instruction from your Account is authorized by you or a Permitted User unless notified otherwise. Monitor your Account Activity to identify and report any unauthorized or suspicious activity promptly. We are not responsible for any claim or loss resulting from a Transaction executed due to an unauthorized Instruction unless you notify us in accordance with this clause and our investigation confirms the Instruction was not authorized by you or a Permitted User, and was due solely to a technical issue attributable to Cryptool.

12.3. Retention of Transaction Information. To comply with global data retention standards, you agree to allow us to keep a record of all Transaction information for the lifetime of your Cryptool Account or as required by Applicable Law. Please review our Privacy Policy for more information on data collection and use.

Material Interests and Conflicts

13.1. Cryptool group. You understand that Cryptool is a company which is involved in activities connected with Digital Assets.

13.2. Nature of our duties. You agree that your relationship with us, any service we provide, or any other related matter does not create any special legal or fiduciary duties for us or any Cryptool affiliate, unless explicitly stated in these terms. We and our affiliates may act in multiple roles and receive fees or commissions from various users (including you), and you agree that this is acceptable.

13.3. Material Interests: You understand that we and our affiliates are not obligated to:

• Consider any material interest information we know.
• Disclose such information to you.
• Use such information for your benefit.

Additionally, you acknowledge that we may receive general market information while providing services to you, which we may use in our business.

13.4. Conflicts of Interest: We have measures in place to identify and manage conflicts of interest between us, our users, and third parties to protect your interests. If these measures are insufficient, we will inform you about the conflicts and the steps taken to mitigate them, allowing you to decide whether to continue working with us. We reserve the right to update you at any time about these matters.

Supported Digital Assets and Chains

14.1. Supported Digital Assets. The Cryptool Services are only available in connection with Supported Digital Assets, which may change from time to time. A list of the Supported Digital Assets is published on our Website. We may remove or suspend one or more Digital Assets from the list of Supported Digital Assets and we will use reasonable commercial efforts to notify you in advance, meaning that you will no longer be able to transfer such Digital Assets as part of the Cryptool Services.

We assume no liability in connection with any attempt to use your Cryptool Account for Digital Assets that we do not support, as described in this clause.

14.2. Token and Chain Support. We may temporarily suspend any Cryptool Services in relation to a particular Digital Asset or Chain. We are under no obligation to support Digital Asset that you hold in your personal Wallet, regardless of whether the Digital Asset is a Dominant Digital Asset or not. If we elect to support a Chain of a Digital Asset, we will make a public announcement through our Website or by such other means as we may deem appropriate.

We can provide no assurances about the security, functionality or supply of any Digital Asset or Chain, including both the new Dominant Digital Asset. You may not be able to trade the Digital Assets on the Platform and you may lose any value associated with the relevant Digital Assets.

14.3. Airdrops. Cryptool makes no promises, guarantees or warranties on the outcome of or support for potential Airdrops. Cryptool may determine in its sole discretion whether to claim, list or distribute any Airdrop or any other Digital Asset, as well as the terms and conditions (including eligibility criteria) that will apply to any claim, listing or distribution of any Airdrop of Digital Asset.

Account Security

15.1. Your responsibility. You are responsible for taking appropriate action to protect your hardware and data from viruses and malicious software, and any inappropriate material. Except as provided by Applicable Law, you are responsible for backing up and maintaining duplicate copies of any information you store or transfer through the Cryptool Services. We are not responsible for any claim or losses resulting from your failure to comply with this clause.

15.2. Security measures. At all times, you and any Permitted Users shall maintain adequate security and control of your Account. You are responsible for taking the necessary security measures (or ensuring that your Permitted Users take such measures) to protect your Cryptool Account and to keep your Access secure, including by:

• Strictly abiding by all of our mechanisms or procedures;
• Creating a strong password and maintaining security and control of your Account;
• Keeping the Email Account provided to us up to date in order to receive any notices or alerts that we may send you;
• Never allowing remote access or sharing your computer and/or computer screen with someone else when you are logged on to your Cryptool Account;
• Remembering that under no circumstances will we ask you to share your passwords or 2-factor authentication codes; and
• Logging out from the Sites or the Platform at the end of each visit.

You must keep the Email Account and Account secure against any attacks and unauthorized access. You must notify us immediately if you have knowledge or have reason for suspecting that the security of your Email Account, or that of a Permitted User, has been compromised or if there has been any unauthorized use of your or any Permitted User's Email Account.

15.3. Monitoring your Account Activity. It is important that you monitor your Account Activity to ensure any unauthorized or suspicious activity on your Cryptool Account is identified and notified to us as soon as possible. You acknowledge that any Security Breach may result in unauthorized access to your Cryptool Account by third parties and the loss or theft of any Digital Assets and/or funds held in your Cryptool Account and any associated accounts, including your linked wallet accounts..

16.4. If you suspect a Security Breach. If you suspect a Security Breach, you must ensure that:

• We are notified immediately using the details set out in clause ‎3.1 and continue to be provided with accurate and up to date information throughout the duration of the Security Breach;
• Your Cryptool Account is immediately locked via the 'Lock Account' function on the Platform or via any other method as may be prescribed by us from time to time; and
• You take any other steps that we may reasonably require to reduce, manage or report any Security Breach.

We reserve the right to request, and you agree to promptly provide, any and all information and documents we deem relevant or necessary in connection with an actual or suspected Security Breach. You further acknowledge and agree that we may provide such information to any third party that we deem necessary in order to investigate or resolve any Security Breach.

OTHER IMPORTANT INFORMATION

Privacy

16.1. The Privacy Policy. Our collection and use of personal data in connection with these Terms, the Cryptool Services, the Platform and any Site is as provided in our Privacy Policy (as updated from time to time). You acknowledge that we may process personal data in relation to you, that you have provided to us, or we have collected from you in connection with these Terms and in accordance with Privacy Policy. Your personal data will be processed in accordance with the Privacy Policy, which shall form part of these Terms.

You represent and warrant that:

• You acknowledge that you have read and understood our Privacy Policy.
• Our business changes regularly and our Privacy Policy will change also. Therefore, if from time to time we provide you with a replacement version of the Privacy Policy, you will promptly read the Privacy Policy.

Changes to Terms and Conditions

17.1. How and when we can make changes. We can make changes to these Terms and any terms and conditions incorporated by reference (including any Product Terms) at any time and your continued use of the Cryptool Services constitutes your consent to such changes. Changes to these Terms will be published on our website and may also be notified to users separately by email or message through the app or by such other means as Cryptool determines in its discretion.

Generally, Cryptool will try to notify users prior to changes to these Terms taking effect. However, we may occasionally need to make changes that are effective immediately, in which case users will be notified as soon as possible after the changes take effect. The circumstances in which changes to these Terms may take effect immediately may include, for example and without limitation, where:

1. The change is to address legal and/or regulatory requirements;
2. The changes are to make these Terms clearer; and/or

17.2. When changes come into effect. Save where changes come into effect immediately, any update to the Terms will come into effect after the changes have been notified to users. If you do not wish to accept the changes, you are free to close your Cryptool Account in accordance with clause ‎18.1 of these Terms. Your continued access to or use of any Cryptool Services will be deemed acceptance of the updated Terms.

17.3. Changes to fees. We may also make changes to the fees set out in the Fee Structure page on our Website, which includes introducing new fees and/or charges. If you do not wish to accept the changes, you are free to close your Cryptool Account in accordance with clause ‎19.1 of these Terms. Your continued access to or use of the Cryptool Services will be deemed acceptance of the updated Terms.

Closing your Cryptool Account

18.1. Your right to close your Cryptool Account. You may terminate your Cryptool Account at any time by following the account termination procedures as prescribed by us from time to time. You will not be charged for terminating your Cryptool Account.

In certain cases, you may not be able to close your Cryptool Account, including where:

• You are trying to evade an investigation by relevant authorities;
• You have a pending Transaction or an open Claim;
• Your Cryptool Account is subject to a freeze, hold, limitation or reserve.

18.2. What happens when your Cryptool Account is closed. If your Cryptool Account is closed, you will be required to withdraw all Digital Assets held in your Cryptool Account. In the event that you fail to withdraw your Digital Assets, or if you have not accessed your Cryptool Account for a continuous period of 90 days, will send you notice of our intention to treat your account as inactive.

18.3. What happens when your account becomes inactive. If you do not respond to the notice in clause 18.2 within 30 days, we may:

• Mark your Cryptool Account as a inactive account;
• Convert the Digital Assets to a different type of Digital Asset. In doing so, we will not be liable for any loss of profit, tax obligations or any other loss, damage or expense incurred by you resulting from such conversion;
• Adjust your inactive account such that you will receive a contractual claim on the quantity and type of Digital Assets, which were held on your Cryptool Account before being converted into a inactive account;
• Charge a inactive account fee which may be to cover the cost of maintaining the Digital Assets with any Cryptool Affiliate or any third party, with such fee to be withdrawn directly from the inactive account on a monthly basis; and
• Close an inactive account at any time.

You acknowledge that we will be under no obligation to pay any reward, incentive or interest which we might otherwise have agreed to pay, under the applicable Product Terms, to your inactive account in relation to the Digital Assets credited to it.

Termination, Suspension, Holds and Restrictions

19.1. Our right. We may at any time modify or discontinue, temporarily or permanently, any portion or feature of the Cryptool Services. In particular, we may:

1. Refuse to complete, block, cancel any Transaction you've authorized, where permitted by law.
2. Terminate, suspend, or restrict your access to any or all Cryptool Services.
3. Terminate, suspend, close, hold, or restrict access to your Cryptool Account.
4. Refuse to transmit information or Instructions to third parties, including third-party wallet operators.
5. Take any other necessary actions, with immediate effect and for any reason, including but not limited to:
   1. You no longer meet the eligibility criteria to use one or more Cryptool Services.
   2. We reasonably suspect that:
      1. The person logged into your Cryptool Account is not you, or we suspect illegal, fraudulent, or unauthorized use of the account.
      2. The person logged into your Corporate Cryptool Account is not a Permitted User, or we suspect illegal, fraudulent, or unauthorized use of the account.
      3. More than one person is accessing or transacting with the same Cryptool Account, or we suspect illegal, fraudulent, or unauthorized use.
      4. Information you provided is incorrect, false, outdated, or incomplete.

22. We have reasonable concerns about your creditworthiness or financial status, including:

• If you are an individual, you become bankrupt, mentally unsound, or have bankruptcy proceedings initiated against you.
• If you represent a partnership, any partner dies, becomes bankrupt, or mentally unsound, or if there are actions to dissolve or alter the partnership.
• If you represent a corporation, the corporation is insolvent or undergoing insolvency, judicial management, receivership, or similar proceedings.
• You convene a meeting of your creditors or propose any compromise or arrangement with your creditors.

1. Pending submission of information and documents as per clause 8.
2. Pending enhanced due diligence as per clause 7.4.
3. Compliance with Applicable Law, court orders, or authorities in any jurisdiction.
4. We determine or suspect:
   1. You have breached these Terms or any Product Terms.
   2. You have breached any warranties or representations in these Terms.
   3. Any Transaction is unauthorized, erroneous, fraudulent, or unlawful, or your Cryptool Account or the Cryptool Services are used in a fraudulent, unauthorized, or unlawful manner.
   4. Money laundering, terrorist financing, fraud, or any other crime is associated with your Cryptool Account or your use of Cryptool Services.

• Your Cryptool Account is subject to pending, ongoing, or threatened litigation, investigation, or legal, governmental, or regulatory proceedings, or we perceive a heightened risk of non-compliance.
• You owe amounts to Cryptool that remain unpaid due to a chargeback or other reasons.
• Emails to your registered email address are returned as undeliverable.
• Issues have arisen with the verification of your identity.
• You have taken actions to circumvent our controls, such as opening multiple Cryptool Accounts without consent or abusing promotions.

We will take reasonable efforts to provide you with appropriate notice. However, there might be times when we are required not to do so by Applicable Law.

19.2. Your acknowledgement. You acknowledge and agree that:

• The examples set out in clause 19.1 above of when we might take action to terminate, suspend, close or restrict your access to your Cryptool Account and/or the Cryptool Services is a non-exhaustive list; and
• Our decision to take certain actions, including, without limitations, to terminate, suspend, or restrict your access to your Cryptool Account or the Cryptool Services, may be based on confidential criteria that are essential to our risk management and security protocols. You agree that we are under no obligation to disclose the details of our risk management and security procedures to you.

19.3. What happens when we exercise our rights? Where we terminate, suspend, hold or restrict your access to one or more Cryptool Services:

• If you have distributions, trades, positions or other action that are open, they may be closed by you, or by us, depending on the circumstances of the termination, suspension, hold, restriction or other action we take;
• Any chargeback resulting from the use of your Cryptool Account or Cryptool Services may result in an immediate suspension and/or restriction of your Cryptool Account and Cryptool Services;
• To reactivate suspended and/or restricted Cryptool Account or Cryptool Services, you may be required to reimburse us for the full value of the chargeback, including any amounts that are owing to us including any applicable fees; and
• You are liable for any credited amounts in case of a chargeback, and you authorize and grant us the right to deduct costs and fees directly from any assets in your Cryptool Account without notice.

19.4. Unlawful possession. If we are informed and reasonably believe that any Digital Assets or Fiat Currencies held in your Cryptool Account are stolen or otherwise are not lawfully possessed by you (whether by error or otherwise), we may, but have no obligation to, place a hold on the affected funds and your Cryptool Account. Where we place a hold on any Digital Assets held in your Cryptool Account, we may continue such hold until such time as evidence, acceptable to us, proves that you are entitled to possession of the Digital Assets held in your Cryptool Account. We will not get involved in any dispute, or the resolution of the dispute, relating to any Digital Assets held in your Cryptool Account.

19.5. Access to Cryptool Services in other jurisdictions. Residents of some countries may only be able to access some, but not all, Cryptool Services. We may change the Cryptool Services that are available to you from time to time. If you travel to a location included on our List of Prohibited Countries, Cryptool Services may not be available and your access to the Cryptool Services may be blocked. You acknowledge that this may impact your ability to trade on the Platform and/or monitor any existing orders or open positions or otherwise use the Cryptool Services. You must not attempt in any way to circumvent any such restriction, including by use of any virtual private network to modify your internet protocol address.

INTELLECTUAL PROPERTY

General

20.1 Responsibility. You agree and acknowledge that:

• We are not responsible for any User Material (whether provided by you or by third parties) which may be made available on the Platform or the Sites; and
• Use of any such User Material is at your own risk and that we do not provide any warranties in relation to the same.

20.2 Our rights (Super Admin).

• As platform owners, Cryptool super admins have full access to all user accounts, groups, and content for monitoring, security, legal, and operational purposes. This access allows us to detect suspicious activity, ensure platform security, and comply with legal obligations in line with our Privacy Policy.
• Cryptool reserves the right, at its sole discretion, to remove, modify, or reject any content submitted, posted, or displayed on the platform. We may take actions including issuing warnings, removing content, recovering damages, suspending or terminating accounts, or restricting future access to Cryptool services as deemed appropriate.

20.3 Recording. You agree that we may record any communications, electronic or otherwise, that we have with you in relation to these Terms, and that any recordings that we keep will constitute evidence of the communications between you and us. You agree that telephone conversations and video calls may be recorded so that we can respond to inquiries, ensure compliance with applicable laws, improve our services and provide customer support.

YOUR OBLIGATIONS AND LIABILITY

Prohibited Use

By opening a Cryptool Account or carrying out any Transaction, and without prejudice to any other restriction or limitation set out in these terms, you agree that you and any Permitted User will not:

1. Breach these Terms or any agreement entered into pursuant to, or in connection with, these Terms, including, but not limited to, any Product Terms;
2. Use Cryptool Services in a manner that violates our Prohibited Use Policy;
3. Use Cryptool Services for resale or commercial purposes, including transactions on behalf of other persons or entities, unless expressly agreed by us in writing;
4. Use the Cryptool Services for anything which, in Cryptool's sole opinion, is conduct designed to control or artificially affect the price of any Digital Asset (market manipulation) including, without limitation, pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering) regardless of whether prohibited by Applicable Law;
5. Engage in fraudulent activities, or cause us to suspect that you or any Permitted User have engaged in fraudulent activities and/or Transactions;
6. Use Cryptool Services to conduct or participate in lotteries; gambling activities; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; or games of chance;
   1. Receive, or attempt to receive, funds from both us and another user for the same Transaction during the course of a Claim;
   2. Conduct your business or use the Cryptool Services in a manner that results in, or may result in, complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties, or other liability to us, other users, third parties, or yourself; and
   3. Allow your Cryptool Account to have a negative value or quantity of Digital Assets;
      1. Provide false, inaccurate or misleading information in connection with your use of the Cryptool Services, in communications with us, or otherwise connected with these Terms;
         1. Use any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy or monitor any part of the Platform, or replicate or bypass the navigational structure or presentation of Cryptool Services in any way, in order to obtain or attempt to obtain any materials, documents or information in any manner not purposely provided through Cryptool Services;
         2. Attempt to access any part or function of the Platform without authorisation, or connect to Cryptool Services or any of our servers or any other systems or networks of any Cryptool Services provided through the Platform by hacking, password mining or any other unlawful or prohibited means;
         3. Probe, scan or test the vulnerabilities of Cryptool Services or any network connected to the Platform, or violate any security or authentication measures on Cryptool Services or any network connected to Cryptool Services;
         4. Reverse look-up, track or seek to track any information of any other users or visitors of Cryptool Services;
         5. Take any actions that impose an unreasonable or disproportionately large load on the infrastructure of systems or networks of Cryptool Services or Cryptool, or the infrastructure of any systems or networks connected to Cryptool Services;
         6. Use any devices, software or routine programs to interfere with the normal operation of Cryptool Services or any transactions on Cryptool Services, or any other person's use of Cryptool Services; or
         7. Forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to us;
            1. Modify or adapt the whole or any part of the Platform or combine or incorporate the Platform into another programme or application;
            2. Disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code, object code underlying concepts, ideas and algorithms of the Platform or any components thereof;
            3. Modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or label, or license, sub-licence, sell, mirror, design, rent, lease, private label, grant security interests in such Cryptool IP or any part of the intellectual properties, or create derivative works or otherwise take advantage of any part of the Cryptool IP;
            4. Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or information in connection with the Cryptool Services;
               1. Use an anonymizing proxy;
               2. Use any temporary, disposable, self-destructive, or similar email address when opening a Cryptool Account and/or using the Cryptool Services;
               3. Use any device, software, or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our Sites or the Cryptool Services; and
               4. Take any action that may cause us to lose any of the services from our internet service providers, or other suppliers;
                  1. Create, or purport to create, any security over your Fiat Currency or Digital Assets held in any of your Cryptool Account without our prior written consent;
                  2. Violate, or attempt to violate,
                     1. Any Applicable Law; or
                     2. Ours or any third party's copyright, patent, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy; and/or

Representations and Warranties

You hereby represent and warrant to us, at all times, the following:

1. All documents and information you provide to us are true, accurate, complete, and up to date in all respects, and may be relied upon by us in determining whether or not you are eligible to access the Platform or to use the Cryptool Services;
2. All decisions made in connection with these Terms were solely and exclusively based on your own judgment and after your own independent appraisal of your financial resources, ability and willingness to take relevant risks and financial objectives;
3. You have full power, authority, and capacity to
   1. Access and use the Platform and/or the Cryptool Services; and
   2. Enter into and deliver, and perform your obligations under these Terms and any agreement entered into pursuant to, or in connection with, these Terms, including, but not limited to, any Product Terms;

If you are a corporation, partner in a partnership, or trustee of a trust

1. The corporation, partnership or trust has and will be operated in a way that is compliant with Applicable Law, and any partnership or trust deeds (or other like documents);
2. You will notify us immediately if there is any change, by way of resignation, removal, appointment or death, of any of the directors, partners, trustees, settlor(s) or ultimate beneficial owners or any person authorized to operate your Cryptool Account; and
3. You will inform us immediately if the corporation, partnership, or trust is dissolved either on a voluntary or involuntary basis;
   1. All consents, permissions, authorisations, approvals and agreements of third parties and all authorisations, approvals, permissions, consents, registrations, declarations, filings with any Regulatory Authority, governmental department, commission, agency or other organization having jurisdiction over you which are necessary or desirable for you to obtain in order to
      1. Access and use the Platform and/or the Cryptool Services; and
      2. Enter into and deliver, and perform the Transactions contemplated under these Terms and any agreement entered into pursuant to, or in connection with, these Terms, have been unconditionally obtained in writing, disclosed to us in writing, and have not been withdrawn or amended;
         1. These Terms and any agreement entered into pursuant to, or in connection with, these Terms constitute valid and legally binding obligations, enforceable against you in accordance with their respective terms;
         2. That you are not a Restricted Person;
         3. If you are a legal entity, you are duly incorporated, duly organized, and validly existing under the laws of your jurisdiction and have full power to conduct your business. If you are an individual, you are not less than 18 years old; and

• Your access and use of the Platform and/or the Cryptool Services, your execution and delivery of, and the performance of your obligations under these Terms and any agreement entered into pursuant to, or in connection with, these Terms, will not:
• If you are a legal entity, partner in a partnership or trustee of a trust result in a breach of or conflict with any provision of your constitution, articles of association, partnership agreement, trust deed or equivalent constitutive documents;
• Result in a breach of, or constitute a default under, any instrument, agreement, document or undertaking to which you are a party or by which you or any of your property is bound or subject; and
• Result in you, or cause us or any third party to, breach any Applicable Law, decree or judgment of any court, or any award of any arbitrator or those of any governmental or Regulatory Authority in any jurisdiction.

Technology Disclaimers

23.1. No representation or warranty. Cryptool Services and any information provided on the Sites and the Platform, including Messages Services, are provided on an "as is" and "as available" basis without any representation or warranty, whether express or implied, to the maximum extent permitted by Applicable Law. Specifically, we disclaim any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. We do not make any representations or warranties that access to the Sites, the Platform, any of your Cryptool Account(s), Cryptool Services, or any of the materials contained therein, will be continuous, uninterrupted, timely or error-free. This could result in the inability to trade on the Platform for a period of time and may also lead to time delays.

23.2. Suspension of access. We may, from time to time, suspend access to your Cryptool Account and/or the Cryptool Services, for both scheduled and emergency maintenance. We will make reasonable efforts to ensure that Transactions on the Platform are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete processing, which is dependent upon many factors outside of our control.

23.3. Content. Although we make reasonable efforts to update the information on the Sites and the Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on the Sites and the Platform, including information in relation to the Cryptool Services, is accurate, complete or up to date.

23.4. Third-party websites. Links to third-party websites (including, without limitation, content, materials, and/or information in the third-party websites) may be provided as a convenience but they are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the content, materials, information or services contained in any third-party websites accessible or linked from the Platform or the Sites.

23.5. Network Access and Compatibility: You are responsible for obtaining the data network access necessary to use the Cryptool Services. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Cryptool Services and Sites and any updates thereto. Cryptool does not guarantee that the Cryptool Services, or any portion thereof, will function on any particular hardware or devices. The Cryptool Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

Indemnity

24.1. Third-party claims. You hereby undertake and agree to indemnify us and hold us harmless upon demand from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third-party, governmental authority, or industry body, and all claims, liabilities, damages (actual and consequential), losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation), costs, and expenses, including without limitation all interest, penalties and legal and other reasonable attorneys' fees and other professional costs and expenses ("Losses"), arising out of or in any way connected with:

• Your access to or use of your Cryptool Account and/or the Cryptool Services;
• Your breach or alleged breach of these Terms or your contravention of any other clause or sub-clause of these Terms, including any Product Terms and any other terms and conditions incorporated by reference;
• Your contravention of any Applicable Law; and
• Your violation of the rights of any third party.

24.2. Release. You hereby irrevocably and unconditionally agree to release us from any and all claims and demands (and waive any rights you may have against us now or in future in relation to any Losses you may suffer or incur), arising directly or indirectly out of or in connection with any dispute that you have with any other user or other third party in connection with the Cryptool Services (including any Digital Asset Transactions) or the subject matter of these Terms.

Limitation of Liability

25.1 Our Liability. Cryptool and its affiliates shall not be held responsible or liable for any losses incurred by you or any third party, except in cases where such losses are directly and solely caused by our gross negligence, willful misconduct, actual fraud, or a material and continuous breach of obligations under these Terms by Cryptool.

Furthermore, notwithstanding any other provision in these Terms, Cryptool's and its affiliates' total liability shall not exceed the total amount of fees paid by you to Cryptool within the preceding 12-month period prior to the event giving rise to the loss.

Upon such determination of liability, Cryptool will settle and satisfy the claim by paying you the aforementioned sum in full and final settlement.

You acknowledge and agree that Cryptool and its affiliates are not aware of any special circumstances pertaining to you, and that damages constitute an adequate remedy. Therefore, you shall not be entitled to any other claims or remedies, whether at law or in equity, including but not limited to claims for injunction or specific performance.

25.2 Limitations on liability. Notwithstanding any other clause in these Terms, you hereby acknowledge and agree that in no event will we or any Cryptool Affiliate be responsible or liable to you or any other person or entity for:

1. Any direct or indirect losses (including loss of profits, business or opportunities), damages, or costs, whether arising out of or in connection with the Cryptool Services or otherwise, including but not limited to:
   1. Any risk identified in the Risk Warning, as updated from time to time;
   2. The operation of the protocols underlying any Digital Asset, their functionality, security, or availability;
   3. Whether Supported Digital Assets hold their value as against any asset, or if the issuer of the Supported Digital Asset holds sufficient reserves in relation to any Supported Digital Asset;
   4. Any action or inaction in accordance with these Terms;
   5. Any inaccuracy, defect or omission of Digital Assets price data, any error or delay in the transmission of such data, and interruption in any such data;
   6. Regular or unscheduled maintenance we carry out including any service interruption and change resulting from such maintenance;
   7. The theft of a device enabled to access and use Cryptool Services;
   8. Other users' actions, omissions or breaches of these Terms, and any damage caused by actions of any other third parties;
      1. For any damage or interruptions caused by any computer viruses, spyware, or other malware that may affect your computer or other equipment, or any phishing, spoofing, or other attack;
      2. In the event that your hardware fails, is damaged or destroyed or any records or data stored on your hardware are corrupted or lost for any reason; or
      3. For your use of the internet to connect to the Cryptool Services or any technical problems, system failures, malfunctions, communication line failures, high internet traffic or demand, related issues, security breaches or any similar technical problems or defects experienced;
         1. Our decision to reject your application to open a Cryptool Account(s);
         2. Any termination, suspension, hold or restriction of access to any Cryptool Account or Cryptool Services, including your inability to withdraw Digital Assets, issue Instructions or enter into Transactions during the period of any suspension, hold or restriction, in accordance with these Terms or any Product Terms;
         3. Any Transaction limits applied to your Cryptool Account;
         4. Any election by us to support or not support Digital Assets or Chains;
         5. Us being unable to contact you using the contact information you provided;
         6. Us closing a inactive account;
         7. The failure of a Transaction or the length of time needed to complete any Transaction;
         8. Our refusal or delay in acting upon any Instruction;
         9. Any breach of security of your Email Account or a Security Breach;
         10. Losses suffered by you as a result of third party action, including third party fraud or scams that involve Cryptool only as the recipient of your Fiat Currency or Digital Assets, and/or the conversion of Fiat Currency to Digital Assets;
         11. Losses suffered by you as a result of the transfer of Digital Assets away from our platform at your request;
         12. Any losses arising or in connection with new offerings of Digital Assets, initial coin offerings (ICOs) or initial DEX offerings (IDO's);
         13. The correctness, quality, accuracy, security, completeness, reliability, performance, timeliness, pricing or continued availability of the Cryptool Services or for delays or omissions of the Cryptool Services, or for the failure of any connection or communication service to provide or maintain your access to the Cryptool Services, or for any interruption in or disruption of your access or any erroneous communications between us, regardless of cause; and
         14. Any Transactions, Instructions, or operations effected by you or purported to be effected by you through your Email Account or Cryptool Account;

• Any loss of business, profits, anticipated savings or opportunities, or any special, punitive, aggravated, incidental, indirect or consequential losses or damages, whether arising out of or in connection with our Sites, the Platform, your Cryptool Account, the Cryptool Services, these Terms, the Product Terms, the Privacy Policy and/or any agreement entered into pursuant to, or in connection with, these Terms or otherwise;
• Any losses or damages you may incur due to Manifest Error and/or in the event of extreme market volatility and/or as a result of any cancellation/amendment of any Transactions, howsoever arising, whether direct or indirect, special or consequential, including, but not limited to, loss of profit and loss of opportunity even if Cryptool was aware of the possibility of such loss or damage arising or if such loss or damage was reasonably foreseeable; and/or
• Any losses forming part of a Claim that has not been commenced by way of formal legal action WITHIN ONE CALENDAR YEAR of the commencement of matters giving rise to the Claim. YOU AGREE AND ACKNOWLEDGE THAT THIS CLAUSE VARIES ANY LIMITATION PERIOD OTHERWISE APPLICABLE BY LAW, AND THAT IF APPLICABLE LAW PROHIBITS THIS, THIS CLAUSE WILL BE READ AS A LIMITATION PERIOD OF THE MINIMUM ENFORCEABLE LENGTH. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, YOUR ATTENTION IS ALSO DRAWN TO CLAUSE 32 AGREEING THAT CLAIMS SHALL BE RESOLVED EXCLUSIVELY BY WAY OF BINDING ARBITRATION.

25.3 Damage or interruption. We are not liable for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms, or other malware that may affect your computer or other equipment, or any phishing, spoofing, or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us. You and, where relevant, your Permitted Users are responsible for all login credentials, including usernames and passwords and must keep security details safe at all times.

RESOLVING DISPUTES: FORUM, ARBITRATION, CLASS ACTION WAIVER

For the avoidance of doubt, nothing in this section will deprive you of any mandatory legal right from which you benefit under Applicable Law.

Notice of Claim and Dispute Resolution Period

26.1. Please contact Cryptool first if you have any concerns with the Services. Cryptool wants to address your concerns without resorting to formal legal proceedings, if possible. A ticket number will be assigned to you if your concerns cannot be addressed to your satisfaction at first instance. The issuance of the ticket number commences the internal dispute resolution procedure. Cryptool will attempt to resolve the dispute internally as soon as possible. The parties agree to negotiate in good faith to resolve the dispute (which discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding).

26.2. In the event the dispute cannot be resolved satisfactorily, and you wish to assert a Claim against Cryptool, then you agree to set forth the basis of such Claim in writing in a "Notice of Claim," as a form of prior notice to Cryptool. The Notice of Claim must:

• Describe the nature and basis of the claim or dispute;
• Set forth the specific relief sought;
• Provide the original ticket number; and
• Include your custody account email. The Notice of Claim should be submitted to the Support Ticket form on the platform. After you have provided the Notice of Claim to Cryptool, the dispute referenced in the Notice of Claim may be submitted by either Cryptool or you to arbitration in accordance with the below clause (Agreement to Arbitrate).

26.3. For the avoidance of doubt, the submission of a dispute to Cryptool for resolution internally and the delivery of a Notice of Claim to Cryptool are prerequisites to commencement of an arbitration proceeding (or any other legal proceeding).

26.4. During the arbitration, the amount of any settlement offer made by you or Cryptool shall not be disclosed to the arbitrator.

Agreement to Arbitrate

27.1. Aside from where Applicable Law requires otherwise or provides you with a choice, you and Cryptool agree that any Claim shall be resolved by mandatory final and binding individual (not class) arbitration. The arbitration will be administered by a designated arbitration center in accordance with its rules, which are deemed incorporated by reference in this clause.

The language of the arbitration shall be in English.

27.3. You and Cryptool further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including without limitation any objections with respect to the existence, scope or validity of the Agreement to Arbitrate, or to the arbitrability of any Claim.

The arbitration provisions set forth in this clause will survive termination of these Terms.

27.5. Limitation period for filing: Any arbitration against Cryptool must be commenced by filing and serving a Notice of Arbitration in accordance with the applicable Rules within one (1) year after the date that the user asserting the Claim first found out or reasonably should have found out the alleged act, omission or default giving rise to the Claim ("Limitation Period"). For the avoidance of doubt, the Limitation Period shall include the Dispute Resolution Period set out at clause 26.1. There shall be no right to any remedy or relief for any Claim by the user if the Notice of Arbitration in respect of that Claim is not filed and served on Cryptool within that Limitation Period. If the Limitation Period is contrary to applicable law, the user shall be required to bring any Claim against Cryptool within the shortest time period permitted by the applicable law. A Notice of Arbitration may be served on Cryptool in accordance with the Applicable Laws and rules of service.

27.6. Notice: if Cryptool commences arbitration against you, Cryptool will give you notice at the email address or mailing address you have provided. You agree that any notice sent to this email or mailing address shall be deemed effective for all purposes, including without limitation to determinations of the adequacy of service. It is your obligation to ensure that the email address and/or mailing address on file with Cryptool is up-to-date and accurate.

Confidentiality

28.1. The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, the existence or content of the Claim, all documents and information provided or exchanged in connection with the arbitration, and any submissions, orders or awards made in the arbitration shall be kept confidential and no party shall disclose any of the foregoing to any third party except the tribunal, the parties, their counsels, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other persons necessary to the conduct of the arbitration. Notwithstanding the foregoing, a party may disclose such confidential information:

• If the written consent of the other party is obtained;
• To the extent required by applicable law or by the regulations of any regulatory or supervisory authority of competent jurisdiction to which the party is or may become subject to or pursuant to any order of court or other competent authority or tribunal of competent jurisdiction;
• In connection with the commencement, pursuit or defense by a party of any bona fide legal proceedings to enforce or challenge any award rendered in the arbitration; and
• To the extent that the relevant confidential information is in the public domain otherwise than by breach of this agreement.
• This term of confidentiality in this clause shall survive termination of these Terms and conclusion or stay of any arbitration brought pursuant to these Terms.

Governing Law

Except where Applicable Law requires otherwise or provides you with a choice, these Terms (including this arbitration agreement) shall be governed by and construed in accordance with the laws of the jurisdiction in which Cryptool is incorporated.

Class Action Waiver

You and Cryptool agree that any Claims shall be brought against Cryptool in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You further agree to waive any right for such Claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of Cryptool.

GENERAL

General Terms

31.1. Applicable Law. You and any Permitted User must comply with all Applicable Law, licensing requirements and third party rights (including data privacy laws and anti-money laundering and countering the financing of terrorism laws) in your use of the Cryptool Services, your Cryptool Account and the Platform.

31.2. Notices. We may give notice by email to your Email Account. It is your responsibility to ensure that the Email Account is up to date and accurate. Notices may be given, and are deemed to be received, if sent to your Email Account, whether or not a notice of delivery failure is received.

You may give us notices only as we direct, which may change from time to time.

Any notices, consent or other communication given under these Terms must be in writing, in English, and signed or otherwise authorized by the party giving it.

31.3. Announcements. All official announcements, news, promotions, competitions and Airdrops will be listed on the Website. You are responsible for monitoring the Website and reading and considering these announcements.

31.4. Entire agreement. The Terms, together with any applicable Product Terms, constitute the whole agreement between you and us with respect to the Cryptool Services. Each party acknowledges that it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in the Terms or any Product Terms.

31.5. Assignment. You may not assign or transfer any of your rights or obligations under the Terms without our prior written consent, which may, in some cases, require additional information to be provided or enhanced due diligence to be performed. However, we may assign or transfer any of our rights or obligations under the Terms at any time to anyone else, including, without limitation, in connection with any merger, acquisition, or other corporate reorganization involving Cryptool.

31.6. Invalidity. If, at any time, any clause or sub-clause of the Terms is or becomes illegal, invalid, or unenforceable in any respect, neither the legality, validity or enforceability of the remaining clauses or sub-clauses will in any way be affected or impaired.

31.7. Records. You agree that we may record any email and message conversations with you, as well as any other forms of communications, including communication used to give Instructions or effect Transactions, between you and us, and that the recordings may be used as evidence in any proceedings relating to any agreement with you. These records will be our sole property.

31.8. Language. These Terms may be translated into a language other than the English language. Any such translation is provided solely for your convenience. In the event of inconsistency or ambiguity, the English text will prevail.

31.9. Third-party rights: Apart from Cryptool Affiliates, these Terms don't give anyone else any legal or fair rights or claims. They're only for the benefit of the people who agreed to them and their future partners or people they allow to take over.

31.10. Survival. All clauses and sub-clauses of these Terms, which by their nature extend beyond the expiration or termination of these Terms, will continue to be binding and operate after the termination or expiration of these Terms.

31.11. Relationship of the parties. Cryptool is not an agent of you in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.

31.12. Digital Assets: In your Cryptool Account, we keep track of the amount and type of any digital assets you have. These assets aren't physically stored in wallets on the blockchain; rather, they are administratively recorded and considered virtual assets. Users deposit or transfer assets from their wallets to their group wallets or other platform user wallets. Each user has their own account within Cryptool's system, where their digital asset balances are recorded. Cryptool keeps track of these transaction records administratively. When you transfer assets, you will receive an allocation of assets equal to that amount minus the fees in your personal wallet directly or when assets are distributed.

31.13. Force Majeure. We will not be liable for any delay or failure to perform as required by these Terms to the extent the delay or failure is caused by a Force Majeure Event.

31.14. No waiver. No delay or omission by us in exercising any right or remedy under the Terms will operate as a waiver of the future exercise of that right or remedy or of any other rights or remedies under the Terms. The rights and remedies provided in the Terms are cumulative and not exclusive of any rights or remedies provided by Applicable Law.

31.15. Set-off. In addition to any legal or other remedy available under the Terms or by law, we may set-off any amounts you owe to us under the Terms or otherwise. You must pay all sums that you owe to us free and clear without any set-off, counterclaim, deduction or withholding of any kind, save as may be required by Applicable Law.

31.16. Privacy of others. If you receive information about another user through the Platform or from utilizing the Cryptool Services, you must keep the information confidential and only use it in connection with the Cryptool Services and always in accordance with Applicable Law. You must not disclose or distribute any user information to a third party or use the information in any manner except as reasonably necessary to effect a Transaction.

31.17. Publication of breaches. Where you have breached these Terms, Cryptool may publish, or otherwise provide its users with details of the breach, including any information that you have provided Cryptool. Cryptool may only do so where it determines that doing so is necessary for the protection of other users, and consistent with Applicable Law.

31.18. Death of Cryptool Account holder. In the event of your death or incapacity, the representative(s) or legal beneficiary/beneficiaries of your estate may give us written notice. If we have reason to believe you have died, we may suspend your Cryptool Account. Your Cryptool Account will be suspended until:

• Representative of your estate or authorized beneficiary completes a successful inheritance application to receive the assets in your Cryptool Account in accordance with our requirements which may be amended from time to time without notice; or
• You provide satisfactory proof that you are not deceased.

Our ability to provide your representative(s) with the assets in your Cryptool Account is subject to the restrictions imposed by Applicable Law and these Terms. We do not commit to any particular timeline for the transfer of assets held to the credit of your Cryptool Account.

31.19. Tax. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report, and remit the correct tax to the appropriate tax authority. You agree that we are not responsible for determining whether any taxes apply to your use of the Cryptool Services, or for collecting, reporting or remitting any taxes arising from any Transaction or use of the Cryptool Services.

You acknowledge that we may make certain reports to tax authorities regarding Transactions made on the Platform, and that we may, in our sole discretion or as required by Applicable Law, provide you with additional documentation or records needed by you to calculate any tax obligations. We may also withhold and deduct at source any taxes due under Applicable Law in our sole discretion.

Definitions and Interpretation

In these Terms:

1. Clause headings and numbering are for convenience only and do not affect the meaning, priority or interpretation of any clause or sub-clause of these Terms;
2. The words "include" or "including" shall mean including without limitation and include without limitation respectively;
3. Any undertaking to do or not do a thing shall be deemed to include an undertaking not to permit or suffer the doing of that act or thing;
4. Words importing the singular include the plural and vice versa and words importing a gender include any gender;
5. Any reference to a document is to that document as amended, varied or novated from time to time otherwise than in breach of these Terms or that document; and
6. In the event of inconsistency between these Terms (including any documents referred to in these Terms) the inconsistency shall be solved by giving such provisions and documents the following order of precedence:
   1. The Product Terms;
   2. The Privacy Policy; and
   3. These Terms.

39. Except where the context requires others, the following terms shall have the following meanings:

UserIDs means your Cryptool Account details, username, passwords, personal identification numbers, API keys, API secret keys, or any other codes or forms of authentication that you use to access your Cryptool Account or the Cryptool Services or to send Instructions.

Account Activity means the written record (including electronic records) of your Transactions and your Cryptool Account.

Airdrop means the attempted distribution or distribution by a Digital Asset network of any Digital Asset to Digital Asset addresses of a supported network.

API means application program interface.

Applicable Law refers to all the rules, regulations, and legal requirements that relate to using Cryptool Services or any products connected to them. These include laws, regulations, and guidelines set by governments, regulatory bodies, or organizations that Cryptool is a part of.

Cryptool, we, our or us means Nest Services Limited (a company incorporated under the laws of the Republic of Seychelles with registration number 238045 and address at House of Francis, Room 303, Ile Du Port, Mahe, Seychelles).

Cryptool Account means any accounts (including Corporate Cryptool Accounts) or sub-accounts (including any Cryptool Sub-Account), which are opened by Cryptool for you to record your use of Cryptool Services.

Cryptool Affiliates means with respect to Nest Services Limited: any other person which, directly or indirectly, Controls, is Controlled by, or is under common Control with, Nest Services Limited.

Cryptool API means an API made available by a Cryptool Affiliate to you as a service, or third-party applications relying on such an API.

Cryptool IP means the Created IP and all other Intellectual Property Rights owned by or licensed, on a sub-licenseable basis, to us as at the date of the Terms and any other Intellectual Property Rights owned or acquired by or licensed, on a sub-licenseable basis, to us after the date of these Terms, and which are provided by us to you in the course of providing you with the Cryptool Services.

Cryptool Services means the services offered by us to you through the Platform.

Cryptool Sub-Account means a sub-account that is set up under a primary Cryptool Account.

Message Service has the meaning given to it in clause ‎5.

Claim means any dispute, claim, difference or controversy between you and Cryptool (and/or any Cryptool Affiliates) arising out of, in connection with, or relating in any way to:

• These Terms or any Product Terms, including their existence, validity, subject matter, interpretation, performance, breach, negotiation, termination, enforceability or the consequences of their nullity;
• Your relationship with Cryptool (and/or any Cryptool Affiliates) as a user (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms); or
• Any non-contractual obligations arising out of or relating to these Terms, or any Product Terms, or your relationship with Cryptool (and/or any Cryptool Affiliates).

Control means the power of a person to secure that the affairs of another are conducted in accordance with the wishes of the first person whether by means of:

• In the case of a company, being the beneficial owner of more than fifty percent (50%) of the issued share capital of or of the voting rights in that company, or having the right to appoint and remove a majority of the directors or otherwise control the votes at board meetings of that company by virtue of any powers conferred by the organizational documents, shareholders' agreement, a majority of the board of directors or any other document regulating the affairs of that company or by any other means; or
• In the case of a partnership, being the beneficial owner of more than fifty percent (50%) of the capital of that partnership, or having the right to control the composition of or the votes to the majority of the management of that partnership by virtue of any powers conferred by the partnership agreement or any other document regulating the affairs of that partnership or by any other means.

Corporate Cryptool Account means a Cryptool Account maintained for a corporation, entity, or other organization for the provision of Cryptool Services.

Created IP means any Intellectual Property Rights created by you pursuant to these Terms, including the User Materials, but excluding any other User IP.

Digital Assets means a digital representation of value or rights which may be transferred and stored electronically, using distributed ledger technology or similar technology, including, but not limited to, cryptocurrencies, stablecoins, non-fungible tokens and tokenized derivatives of any other digital asset.

Dominant Digital Asset means a Forked Digital Asset that has dominance over one or more other versions of a Digital Asset that was subject to the relevant Fork, as determined by us in our sole discretion.

Email Account means the email account(s) associated with your Cryptool Account(s), as agreed with Cryptool from time to time, in accordance with any processes identified by Cryptool when using the Platform.

Fiat Currency means any government or central bank issued national, or supra-national, currency, or other monetary obligation denominated in such currency and which is not a Digital Asset.

Force Majeure Events means:

• Any fire, strike, riot, civil unrest, terrorist act, war or industrial action;
• Any natural disaster such as floods, tornadoes, earthquakes and hurricanes;
• Any epidemic, pandemic or public health emergency of national or international concern;
• Any act or regulation made by a government, supra national body or authority that we believe stops us from providing Cryptool Services on the Platform;
• The suspension or closure of any Cryptool Affiliate;
• The nationalization of any Cryptool Affiliate;
• The imposition of limits or unusual terms by a government on any Digital Assets traded on our Platform;
• Technical failures in transmission, communication or computer facilities including power failures and electronic or equipment failures;
• The failure of any supplier, intermediate broker, agent, principal custodian, sub-custodian, dealer, exchange, staking platform, liquidity pool, bridge provider, issuer of a Supported Digital Asset, market maker, clearing house or regulatory organization to perform its obligations to us;
• Any labor or trade disputes, strikes, industrial actions or lockouts (other than in each case by Cryptool or the Cryptool Affiliates); and/or
• An event which significantly disrupts the market for Digital Assets, which could include excessive movements in the price, supply or demand of a Digital Asset, whether regulated or unregulated.

Improper Intent means Cryptool reasonably determines that there may be actual or suspected market manipulation and market abuse on your part, including (without limitation), capitalizing on opportunities where the executable price of a Transaction does not reflect prevailing market rates, or taking unfair advantage of the way in which Cryptool offers prices.

Instruction means any instruction, request, or order given to Cryptool by you or a Permitted User in relation to the operation of your Cryptool Account or to execute any Transaction, through such medium and in such form and manner as Cryptool may require and "Instruct" shall be construed accordingly.

Intellectual Property Rights means:

• Copyright, patents, database rights and rights in trade marks, designs, know-how and confidential information (whether registered or unregistered);
• Applications for registration, and rights to apply for registration, of any of the foregoing rights; and
• All other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world.

Local Terms means the terms governing your use of the Cryptool Services provided in any particular jurisdiction.

Manifest Error means any error, omission or misquote (whether an error of Cryptool or any third party) which is manifest or palpable, including a misquote by any representative of Cryptool taking into account the current market and currently advertised quotes, or any error of any information, source, official, official result or pronunciation.

Mobile App means any mobile application developed or provided by us or any of the Cryptool Affiliates that enables you to use or otherwise access Cryptool Services.

Network Event means in relation to a Digital Asset, any event (other than an Airdrop or Fork) in respect of the blockchain or the smart contract that underlies a Digital Asset, which is beyond Cryptool's control, and results in either (a) a loss of control or ownership by Cryptool or a third party of any amount of such Digital Asset; or (b) transaction records on the blockchain being altered, reversed or otherwise invalidated, whether by way of a fraudulent act or consensus, which shall include without limitation any double spending attack, 51-percent attack, or blockchain reorganization, in each case as determined by Cryptool in good faith and in its sole discretion.

Permitted User means any person identified by you and communicated to us, in accordance with these Terms, that is authorized to act on a user's behalf with respect to any Corporate Cryptool Account, or with our prior written consent, on behalf of a third party with respect to a Cryptool Sub-Account associated with a Corporate Cryptool Account.

Platform means the digital platform that we or any of the Cryptool Affiliates may make accessible to you via Sites, the Mobile App, a Cryptool API or by such other means as Cryptool Affiliates may prescribe from time to time for the use of Cryptool Services.

Instruction Policy means the Privacy Policy.

Product Terms means the product-specific terms and conditions that apply to the use of a Cryptool Service, in addition to these Terms.

Regulatory Authority means any foreign, domestic, state, federal, cantonal, municipal or local governmental, executive, legislative, judicial, administrative, supervisory or regulatory authority, agency, quasi-governmental authority, court, commission, government organization, self-regulatory organization having regulatory authority, tribunal, arbitration tribunal or panel or supra-national organization, or any division or instrumentality thereof, including any tax authority.

Restricted Person means a person or legal entity who (a) is included in any trade embargoes or economic sanctions, terrorist or corrupt foreign officials list (such as the United Nations Security Council Sanctions List, issued by a government agency including the list of specially designated nationals maintained by the office of foreign assets control of the U.S. Department of the Treasury (OFAC), or the denied persons or entity list of the U.S. Department of Commerce), or by the United Kingdom, European Union, Canada) tor (b) resides, or is established, or has operations in, in any country listed in the List of Prohibited Countries.

Risk Warning means the general risk warning published on the Website.

Security Breach means

• Your Cryptool Account(s) or any of your UserIDs have been compromised;
• The loss, theft, or unauthorized use of any of your UserIDs or any unauthorized access to and use of your Cryptool Account or the Cryptool Services on your behalf; or
• Any other security incident (including a cyber-security attack) affecting you and/or Cryptool.

Sites means our Website and any other websites, pages, features, or content we own or operate.

Supported Digital Assets means those Digital Assets that are available in connection with your use of the Cryptool Services.

Terms means these terms of use, together with any other documents expressly incorporated by reference, including the Product Terms, in each case as amended or supplemented from time to time.

Trade Marks means the Intellectual Property Rights in the trade marks, service marks and logos used and displayed on or through the Platform, the Sites and/or the Cryptool Services.

Transaction means selling, purchasing, or entering into any other type of transactions, or agreeing to sell, purchase or enter into any other type of transactions involving Digital Asset(s), their derivatives, other asset(s), product(s) or Fiat Currency as Cryptool may from time to time permit to be carried out on the Platform including but not limited to depositing or withdrawing Digital Assets into or out of your Cryptool Account.

User IP means the Intellectual Property Rights owned by or licensed to you as at the date of these Terms and any other Intellectual Property Rights owned or acquired by or licensed to you after the date of these Terms, excluding Cryptool IP.

User Materials means the Intellectual Property Rights in any reviews, posts, information, data, and comments you or other users provide to us on the Sites (through our "Contact Us" pages or otherwise), the Platform, through use of Cryptool Services, or otherwise.

Website means the website located at www.Cryptool.com.

Contact Us

If you have any questions about these Terms, please contact us at info@cryptool.io.