General Terms and Conditions
1 General provisions and scope of application
1.1 The general terms and conditions (” Blockpit T&C“) apply to the entire business relationship between Blockpit AG with its registered office in Linz and its business address Peter-Behrens-Platz 4, A-4020 Linz (” Blockpit” or “we“), and its customers, in particular for the provision of consulting and services on automated information technology, transaction analyses and data processing in the area of blockchain technology with/on online or electronic platforms (e.g. https://www.blockpit.io) or mobile applications of Blockpit (e.g. blockpit.io App) and related application programming interfaces (“API“) of such platform or application (“Blockpit Application” or in their entirety “Blockpit Applications“).
1.2 In the following, the term ” Blockpit consumer customer” has the meaning of “consumer” ‘(Verbraucher) and ” Blockpit business customer” has the meaning of “company” (Unternehmer) within the meaning of the Austrian Consumer Protection Act (KSchG).
1.3 An overview of the definitions used in these Blockpit T&C can be found in Annex I.
2 Change(s) to the Blockpit T&C
2.1 Significant changes to the Blockpit T&C, including this Section, require express or implied agreement with the Blockpit customer.
2.2 Material changes are all changes or additions that (i) affect the main performance obligation or (ii) materially change the contractual relationship in a way that is equivalent to the conclusion of a new contract.
2.3.1 unless a specific effective date is specified, at the earlier of: (i) express acceptance of the amended Blockpit T&C by the Blockpit Customer (e.g. via the Blockpit Customers) or (ii) expiry of two months after publication of such amendments or supplements (e.g. by sending a copy to the Blockpit Customer), unless the Blockpit Customer has objected in accordance with Section 2.4; or
2.3.2 if a specific effective date (after the publication date) is specified, the later of: (i) the specified Effective Date; and (ii) the earlier of: (a) explicit acceptance of the amended Blockpit T&C by the Blockpit customer (e.g. via the Blockpit Applications) or (b) expiry of two months after publication of such amendments or supplements (e.g. by sending a copy to the Blockpit customer), unless the Blockpit customer has objected in accordance with Section 2.4.
2.4 The Blockpit customer’s consent is deemed granted if the Blockpit customer does not object in writing or electronically (e.g. by e-mail or via the Blockpit customer account).The Blockpit customer will be informed in the offer of change that (i) his silence by failing to object in writing or electronically (e.g. by e-mail or via the Blockpit customer account) within the period specified in Sections 2.3.1 and 2.3.2 shall be deemed to be consent to the changes and that (ii) the Blockpit consumer customer has the right to terminate his contract and the contractually agreed services without notice until the changes come into force.
2.5 Other changes may only be made without the consent of the Blockpit customer for good cause, i.e.
2.5.1 to clarify unclear provisions;
2.5.2 due to the change of service providers or subcontractors;
2.5.3 due to the offer of new services that are either free of charge or cannot be used by the Blockpit customer or can only be used optionally;
2.5.4 for clarification due to changes in formats or fonts;
2.5.5 due to regulatory or tax requirements;
2.5.6 to amend or implement ancillary obligations, provided that a risk assessment has been carried out with due consideration of the interests of Blockpit or the Blockpit customers as a whole vis-à-vis the interests of the individual Blockpit customer;
2.5.7 provided that no disadvantages arise for the Blockpit customer; or
2.5.8 there is a reason comparable to the reasons cited.
2.6 In the case of Blockpit business customers, significant change according to Sections 2.3 and 2.4 can be carried out.
3.1 Registration. Persons interested in using the Blockpit Applications must create their own customer account (“Blockpit Customer Account“). For this purpose, certain valid, correct and up-to-date information must be provided to Blockpit, namely e-mail address and password as well as first name, last name and place of residence.
3.2 No customer identification. Blockpit generally does not verify the identity of its customers. In the event that Blockpit has doubts about the correctness of the registration data, Blockpit is, however, entitled to contact the Blockpit customer for the purpose of verification (e.g. via e-mail or via the customer account). If Blockpit customers contact each other via the Blockpit Applications or via the communication channels provided by Blockpit (Discord, Telegram, etc.), it is up to them to convince themselves of each other’s identity.
3.3 Prohibition of multiple Blockpit customer accounts. Only one Blockpit customer account is permitted per Blockpit customer. The opening of multiple Blockpit customer accounts is expressly prohibited. Should a Blockpit customer nevertheless operate several Blockpit customer accounts, Blockpit expressly reserves the unilaterally exercisable right to delete all Blockpit customer accounts of such a Blockpit customer without providing any compensation whatsoever.
3.4 Address changes. The Blockpit customer must keep their contact details (email address, home address, etc.) up to date and correct in their Blockpit customer account. As long as you do not inform Blockpit of a new email address or postal address, Blockpit will continue to communicate to the previous email address or postal address. Statements delivered to the previous address are deemed to have been received by the Blockpit customer if Blockpit (i) has not been notified of a change of e-mail address or postal address or (ii) such change was not known to Blockpit due to gross negligence of the Blockpit customer.
4.1 Customer Restrictions. Blockpit reserves the right, at its sole discretion, not to do business with certain persons or entities.
4.2 Ineligible persons or entities. Blockpit does not provide services to certain persons or entities and does not accept such persons or entities as Blockpit customers. Such persons or entities are not permitted to create a Blockpit customer account or to use one or more of the Blockpit Applications. Such persons or entities are considered as follows:
4.2.1 in the case of a Blockpit customer account pursuant to clause 5.3.2, persons who are younger than 16 years of age, as well as
4.2.2 persons for whom one of the extraordinary reasons for termination specified in section 10.3.1 applies or has applied.
4.2.3 Blockpit is entitled to exclude additional persons or entities from using the services provided by Blockpit and the Blockpit Applications. In this case, the transmitted data will be deleted immediately.
5.1 Blockpit platform. After a Blockpit customer account has been successfully registered according to Section 3.1 the Blockpit customer can log in via the Blockpit Application by entering his e-mail address and his chosen password.
5.2 Available applications before completing the registration process. Before completing the registration process, only the Blockpit platform can be explored and general information about the Blockpit Applications can be viewed.
5.3 Available applications after completing the registration process. Once the registration process has been completed, the Blockpit customer has access to the services offered through the Blockpit Applications as follows:
5.3.1 Free-of-charge Blockpit customer account. Blockpit customers can make use of a limited range of services via the Blockpit platform without payment of a fee, which can be viewed at https://blockpit.io/en/pricing . Further information can be found under Section 6.
5.3.2 Paid Blockpit customer account. Blockpit customers can make use of an extended range of services via the Blockpit platform against payment of a fee, which can be viewed at https://blockpit.io/en/pricing . Further information can be found under Section 7.
5.3.3 Unless explicitly stated otherwise in the Blockpit T&C, the same provisions apply to free Blockpit customer accounts as to paid Blockpit customer accounts.
6.1 Restricted range of services. A Blockpit customer who does not wish to pay for the use of the Blockpit Applications, after successful registration, receives access to a restricted range of services according to the categories visible on https://blockpit.io/en/pricing . In particular, he/she can only use the Blockpit Application (Section 8) only for a limited number of transactions and will not receive CSV export or e-mail support.
6.2 Duration. The free service offer is available to the Blockpit customer until further notice. Blockpit reserves the right to discontinue the service offer in accordance with Section 6.1. at any time.
6.3 Switching to a paid Blockpit customer account. A Blockpit customer who has a free Blockpit customer account is entitled to switch to a paid Blockpit customer account at any time. As of receipt of payment of the specified fee, the provisions according to Section 7 apply.
7.1 Use of additional services. A Blockpit customer who wishes to make use of the extended range of services according to the categories shown on https://blockpit.io/en/pricing must pay the specified fee (plus any VAT) after successful registration.
7.2 Retroactive acquisition. It is also possible for the Blockpit customer to retroactively purchase licences for tax years that have already passed and thus also to subsequently create tax reports for these tax years.
7.3 Duration. The acquired range of services is permanently available to the Blockpit customer via the Blockpit Applications for a specifically selected tax year.
7.4 Payments. Blockpit customers have to pay for the extended service offer in advance. Once the service offering has been selected and paid for, it is available to the Blockpit customer for the duration of the respective tax year.
7.5 Failed direct debit. In the event that the fee cannot be collected from the bank account indicated by the Blockpit customer and the failed direct debit is the fault of the Blockpit customer, Blockpit may charge fees that are in reasonable proportion to the amount to be collected, insofar as these fees are necessary to cover the reasonable costs of Blockpit in connection with the failed direct debit. A minimum of EUR 5.00 and a maximum of EUR 15.00 in fees will be charged. Blockpit is entitled to request payment from the customer by e-mail.
8.1 After successful registration, you will receive access to the Blockpit Application for calculating taxes in connection with crypto assets (“Cryptotax“). As a Blockpit customer, you can import data from exchanges and wallets and your transactions will be classified for tax purposes in accordance with the applicable tax laws. On this basis, Blockpit generates a tax report.
8.2 Supported country-specific solutions. Cryptotax produces country-specific tax reports for Germany, Austria, Switzerland, Spain, France and the USA.
8.3 Automatic imports. Blockpit allows you to import transaction data related to crypto assets from exchange platforms (e.g. Coinbase, Bitpanda, Kraken, Binance, etc.) and wallets (e.g. Bitcoin Wallet, Metamask) to Cryptotax, if the respective exchange platform or wallet allows this. Depending on the respective platform or wallet, different steps may be required for this: Either the data is entered automatically via an API interface, by a blockchain import via a wallet address or by uploading a corresponding CSV-Excel, or the entry is done manually. You hereby confirm that you are authorised to import the transaction data to the Blockpit Application. Please note that Blockpit does not review the transaction data for accuracy. Blockpit also reserves the right to refuse the import of transaction data without any reason.
8.5 Transaction overview. Cryptotax provides you with detailed information on all transactions that you have carried out via your linked platforms or wallets. This includes the date, time, amounts and type of transaction.
8.6 Portfolio Tracking. Based on the imported data, Cryptotax creates an overview of your portfolio of crypto assets. This allows you to keep an eye on all assets that you hold on an exchange platform or wallet and track them on a daily basis. Furthermore, data regarding airdrops, lending, staking, masternodes, mining and bounties are imported and displayed in your portfolio.
8.7 Calculate tax report. You can have Blockpit generate a tax report based on the imported transaction data via Cryptotax, which shows whether or how much tax is due for realised capital gains in the respective tax year.
8.8 No tax advice. The reports and information prepared within the framework of Cryptotax do not constitute tax advisory services within the meaning of the Austrian Act on the Profession of Chartered Accountants and Tax Consultants ( Wirtschaftstreuhandberufsgesetz). It cannot replace the use of tax advice. The determined information is merely based on pre-programmed mathematical algorithms which process the transaction data provided by the Blockpit customer. Blockpit does not check individual transaction data.
8.9 Blockpit’s right of use. You hereby grant Blockpit a free, non-exclusive and unrestricted right of use to the content published, transmitted and/or generated by you in the course of using or via the Blockpit Applications. Blockpit is entitled to use, modify and/or edit this content both within the scope of its own business activities and within the scope of the business activities of its affiliated companies, provided that this does not impair the legitimate interests of the Blockpit customer. In the event that the content is used outside of the Blockpit Applications, Blockpit will – to the extent feasible – indicate that the content was published, transmitted and/or generated by the Blockpit customer.
9 Right of withdrawal
9.1 Right of withdrawal. In accordance with § 11 of the Austrian Distance and Foreign Transactions Act (“FAGG“), the Blockpit consumer customer has the right to withdraw from the concluded contract within 14 (fourteen) days after the conclusion of the contract without giving reasons. This 14-day period begins on the day of the conclusion of the contract. In order to exercise this right of withdrawal, the Blockpit consumer customer must notify Blockpit of his decision to withdraw from the concluded contract by means of a clear declaration.
9.2 Withdrawal Period. The Blockpit consumer customer can use the sample withdrawal form (Annex II) for this purpose, but is not obliged to do so. The exercise of the right of withdrawal by the Blockpit consumer customer is considered timely if the Blockpit consumer customer sends the corresponding declaration before the expiration of the withdrawal period and can prove a confirmation of transmission for this purpose.
9.3 Consequences of withdrawal. If the Blockpit consumer customer withdraws from the concluded contract, Blockpit must refund all payments received, immediately, but no later than 14 (fourteen) days after the day on which Blockpit received the notification of withdrawal. For this repayment, Blockpit will use the same means of payment that the Blockpit consumer customer used in the original transaction, unless expressly agreed otherwise with the Blockpit consumer customer.
9.4 Loss of the right to withdraw. By clicking/checking the appropriate box via the Blockpit Application, the Blockpit consumer customer requests the immediate execution of the contract and acknowledges that he/she loses his/her right to withdraw from this contract as soon as the contract is completely fulfilled by Blockpit.
9.5 Contract confirmation. In accordance with § 7 para 3 FAGG, Blockpit sends a confirmation of the concluded contract to the Blockpit consumer customer immediately after the conclusion of the contract.
10 Obligations of the Blockpit customer to act and cooperate
10.1.2 immediately report any defects or other problems with the Blockpit Applications or the services provided by Blockpit that you either cause or are aware of by emailing email@example.com and assist Blockpit in rectifying them;
10.1.3 refrain from disclosing your registration data to third parties and must protect it from unauthorised access by third parties, misuse or fraudulent use. In the event that you become aware of, or at least suspect, any unauthorised or fraudulent use or misuse, you must immediately report it to Blockpit by emailing firstname.lastname@example.org. In the event of misuse or fraudulent use, Blockpit is entitled to block or delete your Blockpit customer account;
10.1.4 update any changes to your registration data (email address, first name, last name and place of residence) immediately via the Blockpit Applications. The same applies if you discover that – for whatever reason – the registration data displayed on the Blockpit Applications is invalid, incorrect, incomplete and/or outdated.
10.1.5 inform Blockpit immediately about the loss or restriction of your legal capacity;
10.1.6 refrain from saving, publishing, transmitting or distributing racist, insulting, discriminatory, defamatory, sexual, violent or other illegal content via your Blockpit customer account or via the communication channels provided by Blockpit (Discord, Telegram, etc.);
10.1.7 refrain from sending messages to a large number of people at the same time (chain letters, mass emails, spam, etc.) via your Blockpit customer account or via the communication channels provided by Blockpit (Discord, Telegram, etc.);
10.1.8 refrain from disruptive interventions with technical or electronic aids in the Blockpit Applications, in particular hacking attempts, brute force attacks, infiltration of viruses, worms or Trojans or other attempts to disrupt the Blockpit Applications; and
10.1.9 not to copy, distribute and transmit accessible data without the express consent of the respective rights holder or to read such data with technical aids (e.g. crawlers or bots).
10.2 The Blockpit customer undertakes to report violations of the obligations set out in Section 10.1 immediately via e-mail to email@example.com.
10.3 In the event of a breach of the obligations 10.1 Blockpit may take the following actions:
10.3.2 Deletion of content stored, published, transmitted and/or disseminated on the Blockpit customer account;
10.3.3 Termination of the business relationship and/or blocking, freezing and/or closing of the Blockpit customer account for good cause in accordance with Section 12.2.3.
10.4 In case of an extraordinary termination according to Section 12.2.3. Blockpit reserves the right to prohibit a new registration of such Blockpit customer.
11 Ordinary termination
11.1 Free Blockpit customer account
11.1.1 In the case of a free Blockpit customer account, the Blockpit customer may terminate the entire business relationship at any time without a notice period.
11.1.2 Blockpit may, in the event of an intended discontinuation pursuant to Section 6.2, terminate the business relationship subject to a notice period of 14 days. In this case, the Blockpit customer can also switch at any time within the notice period to a paid Blockpit customer account in accordance with Section 6.3.
11.2 Paid Blockpit customer account
11.2.1 Both Blockpit and the Blockpit customer can terminate the business relationship at any time at the end of a fiscal year. The right of the Blockpit consumer customer to terminate free of charge due to a change in the Blockpit T&C remains unaffected. In addition, Blockpit may, at its own discretion, accept an ordinary termination without observing any notice period.
12 Extraordinary termination rights
12.1 Blockpit or a Blockpit customer may terminate the entire business relationship at any time without observing a notice period and with immediate effect for good cause.
12.2 Blockpit reserves the right to terminate the business relationship with immediate effect for good cause and/or to block, freeze and/or close the Blockpit customer account, in particular, but not exclusively, if
12.2.1 Blockpit’s termination is necessary to comply with (i) applicable laws, regulations or other standards, (ii) internal policies based on such provisions, or (iii) court or regulatory orders or requests;
12.2.2 the Blockpit customer provides invalid, incorrect, incomplete and/or outdated registration data as defined in Section 3.1 or Blockpit has reasonable grounds to believe that such information is invalid, incorrect, incomplete and/or outdated.
12.2.3 the Blockpit customer violates one or more obligations which are imposed on him/her on the basis of the Blockpit T&C and which are not mentioned in one of the other Sub-Sections of this Section 12.2 (e.g. obligations to act and to cooperate according to Section 10.1), insofar as the Blockpit customer cannot remedy this breach immediately, but no later than within ten business days from the day of the breach;
12.2.4 the Blockpit customer violates any provision pursuant to Section 3 or Section 4; or
12.3 In the case of a paid Blockpit customer account according to Section 5.3.2 Blockpit is not obliged to refund the paid fee to the Blockpit customer concerned.
12.4 Information about blocking or deletion of the Blockpit customer account . In the event that the Blockpit customer account is blocked or deleted by Blockpit, Blockpit will inform the Blockpit customer of this (unless such information would be unlawful). Blockpit is not obliged to disclose findings or data that have become known to Blockpit in the course of any investigations or enquiries.
12.5 Blockpit will lift the block on a Blockpit customer account as soon as the reason for the block has ceased to exist and the use is therefore reasonably possible again.
13 Blockpit Credits and Affiliate Programme
13.1 Blockpit is entitled to grant credits to selected Blockpit customers for the use of Blockpit Applications. After redeeming the credits, Blockpit customers can use additional functions free of charge or purchase them at a reduced fee. As part of the Blockpit Affiliate Programme, Blockpit customers can use an invitation link to persuade people who are not Blockpit customers to register a Blockpit customer account.
13.2 Special and free offers. Blockpit reserves the right to make special or free offers. Additional conditions or restrictions may apply to these special or free offers. Transfers of special or free offers are not permitted. Blockpit further reserves the right to reserve certain special promotions only to a certain group of customers and the Blockpit customer is aware that he/she has no right whatsoever to receive any special or free service or the like.
14.1 No warranty towards Blockpit business customers. Blockpit does not provide any warranty to Blockpit business customers for the availability and/or functionality of the Blockpit applications, the error-free data import via third-party systems and the loss of personal data. Blockpit is not liable in the event that data is tracked, recorded or falsified by third parties.
15 Limitations of liability
15.1 Liability towards Blockpit consumer customers. Blockpit is liable for damages incurred by a Blockpit consumer customer for itself and its vicarious agents – for whatever legal reason including tort – only if Blockpit or its vicarious agents have culpably violated an essential contractual obligation (cardinal obligation) in a way that endangers the purpose of the contract or if the damage is based on gross negligence or intent of Blockpit or its vicarious agents. If the culpable breach of an essential contractual obligation (cardinal obligation) is only slightly negligent, Blockpit’s liability is limited to such typical damages that were reasonably foreseeable for Blockpit upon conclusion of the contract. This limitation of liability also applies to the extent of the damage. In the aforementioned cases, the liability for a financial loss is limited to the sum of the payments made to Blockpit by the concretely affected Blockpit customer. The aforementioned limitations of liability do not apply in the absence of warranted characteristics, a liability of Blockpit according to the Austrian Product Liability Act (Produkthaftungsgesetz) or in the case of personal injury.
15.2 Liability towards Blockpit business customers. Blockpit is not liable for damages incurred by a Blockpit business customer in connection with the Blockpit Applications and/or the products and services offered thereon, unless such damage was caused by Blockpit intentionally or through gross negligence or in the case of personal injury.
15.3 Third Party Services. When using websites or services that are not provided by Blockpit (” third-party services“), Blockpit expressly assumes no liability for the content, availability or performance of such third parties and is not liable for any damage or loss incurred by a Blockpit customer or any third party in the use of such third-party services (e.g. due to errors, problems, viruses or loss of data). The Blockpit customer uses such third-party services solely at their own risk. Blockpit cannot and do not verify the reliability of such third parties or their services.
15.4 External content. Blockpit assumes no liability for external links, banners or other information and advertising offers placed by third parties on the Blockpit Applications. In the event that the Blockpit customer concludes a legal transaction with a third-party provider via a linked page, a banner or in connection with information and advertising offers, Blockpit assumes no liability for the services of the third-party provider.
16 Other provisions
16.1 No Waiver of Rights. Blockpit’s failure at any time or for any period to enforce or exercise any provision of these Blockpit T&C or any right or remedy arising under these Blockpit T&C shall not constitute or be construed as a waiver of such right or remedy and shall not in any way affect Blockpit’s right to enforce or exercise the same at any subsequent time, provided that such right is not time-barred, expired or otherwise precluded.
16.2 Period of validity. These Blockpit T&C shall continue to apply after termination of the business relationship until complete settlement or mutatis mutandis.
16.3 Gender-independent. Insofar as these Blockpit T&C refer to a specific gender, this shall be understood to mean male/female/diverse persons equally.
16.4 Contract language. The Blockpit T&C are prepared and published in German and English. In case of dispute and in the event of deviations, the German version of the Blockpit T&C shall prevail.
17 Applicable law and place of jurisdiction
17.1 Applicable Law. The Blockpit T&C and any service provided hereunder shall be governed by the laws of the Republic of Austria, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods and excluding the conflict of law rules of recourse and/or conflicts of law provisions of Austrian private international law. For Blockpit consumer customers, this only applies insofar as the law of their country of residence does not grant them a more favourable legal position vis-à-vis Blockpit in the individual case.
17.2 Severability. If any provision of these T&C is or becomes invalid, void, illegal or otherwise unenforceable, the validity of the remaining provisions of these T&C shall not be affected. In place of the invalid, void, illegal or otherwise unenforceable provision(s), that provision shall apply which, to the extent legally possible, best corresponds in its economic effect to the invalid, void, illegal or otherwise unenforceable provision(s). This shall also apply mutatis mutandis in the event of an unplanned loophole in these T&C.
17.3 Jurisdiction. All contractual and non-contractual disputes or claims between a Blockpit business customer and Blockpit shall be exclusively submitted to the competent court in Vienna, Austria.
In the Blockpit T&C, the terms listed below shall have the meanings ascribed to them herein. This applies to both the singular and the plural form of these terms.
refers to the Austrian General Civil Code.
designates a programming interface (Application Programming Interface).
Blockpit or we
means Blockpit AG with its registered office in Linz and its business address at Peter-Behrens-Platz 4, A-4020 Linz, registered in the commercial register of the Linz Regional Court under FN 477383 i.
means the terms and conditions of Blockpit
means any individual online or electronic platform or mobile application of Blockpit and the associated APIs of such platform or application.
denotes the entirety of each individual Blockpit application.
Blockpit business customer
means any Blockpit customer for whom the transaction is part of the operation of his business pursuant to § 1 para 1 Austrian Consumer Protection Act ( Konsumentenschutzgesetz).
means customers of Blockpit who have completed the registration process in accordance with Section 3 completed.
Blockpit customer account
Refers to the customer account that a Blockpit customer creates by registering on a Blockpit system.
Blockpit consumer customer
means any Blockpit customer for whom the transaction is not part of the operation of his business within the meaning of § 1 para 1 Austrian Consumer Protection Act (Konsumentenschutzgesetz).
Third party services
refers to websites and services that are not provided by Blockpit but by third parties.
means the Austrian Distance and Outward Transactions Act (Fern- und Auswärtsgeschäfte-Gesetz).
Sample Withdrawal Form
I hereby declare that I withdraw from my contract for the provision of the Blockpit license.
The license was ordered on: ___________
E-mail address of the consumer(s) used for registration to Blockpit applications:
Signature of consumer(s) (required only if this form is submitted in paper form)