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01Terms of Service

last updated on 01/28/2019

Introduction and validity
Blockpit GmbH (in the following „Blockpit“) operates an interactive online platform, services and applications (in the following “Blockpit Products”) on the basis of these terms and conditions (“T&C”). Blockpit offers various consulting services regarding automated information technology, transaction analysis and data processing for Registered Users in the blockchain technology space. In order to be able to use the complete spectrum of Blockpit Products, a one-time registration is required. General descriptions of Blockpit, can be viewed without registration.

Blockpit offers the Blockpit Products based on these T&C, as well as any agreement incorporated therein by reference either by (i) using the services, in case they are available without registration, or (ii) registration, in case they require an account. Neither the registration nor the use of the complete spectrum of products and services shall be possible without consent to these T&C. These T&C shall apply to all points of access, including (sub-) domains and mobile applications, for Blockpit Products. In particular, the Blockpit online offering will be accessible via https://www.blockpit.io.

These T&C shall be valid until cancelled in the currently valid version as of 28 January, 2019.
Subject of the agreement
Currently, Blockpit essentially offers its users the following features and information:

blockpit.io plattform:
Personal profile page, including personal details,
Clear overview of cryptocurrency records and transactions as added by Users to the Blockpit platform,
Statistics, analysis and comparisons,
News regarding cryptocurrencies and blockchain technology in general,
status messages,
A blog presenting corporate company information, products and news

Other content:
About us: Short description of Blockpit;
Partner: Presentation of partners and supporters of Blockpit;
Advertising by Blockpit and/or third parties;
these T&C;
data privacy terms;

Mobile applications
Applications for Apple iPhones, Android phones, and other smartphones on a global scale, that can be used both isolated on the smartphone as well as in connection with the blockpit.io platform.

Subject to the user's consent, relevant data is transmitted from the smartphone to the blockpit.io platform and shared with other social networks (e.g., Facebook), respectively.

The user hereby confirms the user’s knowledge that as a result of the transmission of data from the smartphone to the blockpit.io platform, certain costs of the mobile carrier will be incurred that have to be borne by the user.

The mobile applications are only available to users of smartphones.

Additional terms and conditions on the part of the mobile phone-providers apply.

Service demarcation
The offered services and Blockpit applications do not expressly correspond to any tax-advisory services in the sense of the Austrian Professional Accountants and Tax Advisors Act (Wirtschaftstreuhandsberufsgesetz) and cannot replace tax advice. The determined results of operations of the Blockpit applications are based only on preprogrammed mathematical algorithms of data provided by the registered user, which are not checked by Blockpit.
Registration
Free membership
For the use of Blockpit applications a one-time, free registration is required. In the free membership (Basic) the user has only limited basic functions available, free of charge.
The user is offered 2 different options for registration:

By means of registration form on the blockpit.io platform.

By means of the blockpit.io app.

For the registration the user must indicate the data in the registration form, for example: E-Mail address, completely and correctly, as far as these are not marked as voluntary data.

Paid membership
For the use of Blockpit applications with advanced options and features, memberships are available for a specific price. Unless otherwise stated in the Terms and Conditions or in the section "Provisions of the Paid Offer", all provisions of these Terms and Conditions also apply to the free membership.

By registering for a paid membership, you agree to be at least 16 years old and to be entitled to enter into contracts under applicable law. If the above information does not apply, Blockpit is not bound by the conditions.

Consequences of Registration
By registering, the user confirms its knowledge and the unlimited recognition of the content of these terms and conditions as well as that all registration data is true, accurate, current, and complete, and s/he will keep all registration information up to date.
Each user shall register with Blockpit once only, and confirms with its registration that it has not registered an account with Blockpit before and has not deleted a previously activated user account.
Following successful registration, the user (then the “Registered User”) can log on to the blockpit.io platform entering its email address and the chosen password.

Rights of Blockpit
Blockpit reserves the right to reject users without giving reasons. In this event, any transmitted details will be deleted promptly. If you provide any information that is untrue, inaccurate, not current or incomplete, or Blockpit has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Blockpit has the right to suspend or terminate your account immediately and without prior notice.
In any event, Blockpit reserves the right to contact you at any time to verify your registration data.

User Identity
Blockpit is not responsible for the actual identity of the user, since personal identification via the internet is possible only to a limited extent. Each user shall itself confirm the identity of other users prior to entering into any form of interaction with such users, e.g., adding as a friend or by writing messages.
General Terms and Conditions for all users
Fraud protection.
You must protect your account from unauthorized and fraudulent use. Please notify us immediately by email at [email protected], of any unauthorized or fraudulent use of your account, or if you suspect that your account may be at risk. Blockpit will not refund any sums you have paid to Blockpit before you report unauthorized access, misuse or fraudulent use. Blockpit has the right to close or cancel the account of any Registered User in the event of any unauthorized or fraudulent use of the account.

Blockpit Credits and Affiliate Program
Blockpit can assign so-called credits for the use of the Blockpit applications, after which options and features can be used free of charge after activation or redemption of the credits and / or lead to a reduced price of the paid membership. As part of the Blockpit Affiliate Program Registered Users can advertise new users by means of an invitation link and receive credits as part of this program.

Special and free offers
Blockpit may also make special offers or free offers that may be subject to additional terms or restrictions. These promotions and offers cannot be transferred from one user to another.

Portfolio data.
As a User of Blockpit Products, you may choose to enter the details of your cryptocurrency transactions into your portfolio(s). If the exchange that handled your cryptocurrency transaction allows synchronizing with other third party sites, you may entitled to synchronize your data from these other third party sites into your portfolio(s) to the Blockpit Products. You hereby confirm to Blockpit that any information in your Portfolio Data is owned by you or that you are validly authorized to carry out transactions regarding such Portfolio Data. Blockpit does not verify the accuracy of Portfolio Data and only provide a summary of the Portfolio Data for you to manage your portfolio(s) in one location within the Blockpit Products. You retain all your ownership rights in your Portfolio Data. You shall be solely responsible for your Portfolio Data and the consequences of submitting and synchronizing your Portfolio Data to the Blockpit Products. Blockpit, in its sole discretion, may reject any submission of Portfolio Data for any reason. Blockpit may share, sell or rent aggregated Portfolio Data with third parties to compile usage trends and statistics, for research purposes, and for other general analysis.

Provisions of the Paid Offer
Requirements for a paid subscription
To use the paid memberships, you must be (i) a Registered User and (ii) the specified price, plus any applicable VAT or other fees and charges associated with the membership, by credit card payment or in another, Blockpit accepted payment methods (the "Subscription").

Subscription types and prices
Blockpit offers a variety of subscription types so you can buy the one that best suits your needs. The different subscription types and the applicable prices can be viewed at: www.blockpit.io/pricing. The prices can be changed any time by Blockpit. Price changes will be published on the platform.

Payments
It is payable in advance for each subscription. Once the subscription type has been booked and paid, the appropriate period of validity will be recorded in your account.

The membership fees are payable immediately upon settlement for the entire subscription period. The user can settle them by means of different payment options. Can a fee not be collected by a user specified bank account e.g. due to insufficient account coverage, the user bears all resulting costs, in particular bank charges in connection with the return of direct debits or comparable fees. Blockpit can send invoices and payment reminders to users by E-mail.

Automatic extension of subscription
As soon as your subscription period is over, your booking will be automatically renewed, if you did not cancel at the latest before the subscription expires. At the initially booked booking period, your credit card will be charged at the standard rate that corresponds to that booking period on completion, without any special or promotion prices. The standard price for the subscription is visible on the platform.

Deletion
The subscription of your paid membership can be terminated at any time on the platform. Already paid fees will not be refunded by Blockpit.

Period of validity
Subject to the automatic renewal, each subscription period ends in the absence of termination by the user until the expiry of the agreed period and regardless of the actual use of the Blockpit applications during this time. The user can inform himself at any time about the validity of the booking period in his user account. Unless otherwise provided for paid subscriptions, the other terms and conditions are also applicable to users of paid memberships.

Termination
The user is entitled to terminate the use of the Blockpit applications up to 14 days before the end of the subscription period. The termination of use must be confirmed once. At the latest on termination of the contract the account will be deleted.

Furthermore, Blockpit reserves the right to exclude the user from the blockpit.io platform for good cause, e.g. in the event of gross violations of the user obligations as set out in these T&C and in documents referenced therein. For more information about deleting your account, please see our Privacy Policy.

Cancellation right for consumers
Right of withdrawal
You have the right to withdraw from the contract within 14 days without giving reasons. The revocation is in writing, e.g. to be sent by letter or E-mail to:

Blockpit GmbH
Peter-Behrens-Platz 10
A-4020 Linz
Austria
E-Mail: [email protected]

Consequences of the withdrawal
In the 
case of an effective cancellation, the mutually received benefits are to be
repaid. Obligations to reimburse payments must be fulfilled within 30 days. The
period begins for you with the dispatch of the revocation, for Blockpit with
their receipt.

Example of withdrawal form
The exercise of the right of withdrawal can be done using the following withdrawal form:

(If you want to cancel the contract, please fill out the following form and send it back.)

To

Blockpit GmbH
Peter-Behrens-Platz 10
A-4020 Linz
Austria
E-Mail: [email protected]


I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),


_____________________________________________________________________

Ordered on (*)/received on (*):___________

Name of consumer(s):____________________________________


Address of consumer(s):__________________________________


______________________________________

Email address of consumer(s) which is used to login to Blockpit applications,


______________________________________

Signature of consumer(s) (only if this form is notified on paper),


Date:____________

(*) Delete as appropriate

User obligations and conduct
User obligations
Each user of the Blockpit Products must:
truthfully provide, and keep current and complete, its registration details, and must not pass on such details to third parties;
only save, publish, transmit and distribute such content, e.g., photos, pictures, text, representations or videos, if the user is authorized to pass on such content, i.e., (i) if the user has the exclusive right to use such content or, (ii) in the event that the user is not the owner of such rights with respect to content provided by it, if the user guarantees to Blockpit that all required rights, licenses, permits etc. have been validly obtained. This shall also apply to content subject to intellectual property rights, such as trade names and trademarks. The user shall be exclusively responsible for such content;
not save, publish, transmit or distribute any content that is racist, insulting, discriminating, denunciation, sexual, glorifies violence or is otherwise illegal;
not to send chain letters or messages to more than one recipient at any one time, i.e., the user must not send mass emails or spam;
not carry out any disrupting interferences in the Blockpit network, including the Blockpit Products, by use of technical or electronic aids, such as hacking attempts, brute force-attacks, planting of viruses/worms/trojans and other disrupting attempts regarding Blockpit’s software;
not copy, distribute, transmit or collect by use of technical aids, e.g., by crawlers or bots, accessible details without the consent of the respective owner;
provide prompt notice via email to [email protected] of any detected breaches of the aforementioned obligations;
diligently care for the personal details and only allow such persons access to its own details that are close to the user; and
regularly save important personal details externally, e.g., on an external storage medium, hard drive or in the cloud. Blockpit shall not be responsible for any lost or impaired details.
Breach of user obligations
In order to ensure the proper and reliable provision of services, Blockpit imposes the following sanctions upon breach obligations by a user:

warning,
deletion of content,
temporary deactivation of user account and
cancellation (irrevocable deactivation).

The type of sanction shall depend on the purpose, impact, and type of the breach in light of Blockpit’s and the user's interests.

Cancellation
In the event of exclusion from the Blockpit Network in accordance with these user violations, the user may not re-register.

Content
General
Blockpit permits its Registered Users to use the offered portfolio of products and services in accordance with statutory law and these T&C, in order to upload, save, publish, distribute, transmit, and share content with other users.
The user consents that, as a result of the automatic evaluation of the way such user uses the platform, it may be exposed to certain offers and/or marketing messages tailored to such user.

Disclosure
Blockpit shall have the right to save content or disclose such content to third parties, to the extent this is required by law, or legally permissible and reasonably necessary, in order to comply with statutory law, or court or administrative orders;
ensure compliance with these T&C;
react to claims of breaches of law raised by third parties; or
safeguard the rights, property or personal safety of Blockpit, its users and the general public.

Use of Content
The user grants Blockpit the irrevocable, free, non-exclusive and unlimited right to use all content generated, transmitted, saved and published by such user. Accordingly, Blockpit shall have the right to use, irrespective of the type of usage, all content both as part of the Blockpit platform and any other activity of Blockpit or any company affiliated with Blockpit. This shall include the right to change and edit such content, unless such changes or edits impair material interests of the user. In this connection, the user waives, to the extent legally permissible, all intellectual property rights. However, to the extent feasible, in the event that Blockpit uses content created by a user outside the Blockpit Products, Blockpit shall note that such content was created by the user.

Ownership
Blockpit does not claim ownership of any content created by users and will not supervise such content.

Deletion
Blockpit reserves the right to delete content created by users, such as routes, photos, events or comments without giving reasons. In this event, the user shall be notified and, in the event of a breach of these T&C, may be sanctioned in accordance with Section 9.

Inaccurate Content
Blockpit shall not be responsible for inaccurate content created by users.

Privacy Policy
Please see the separate Privacy Policy available on https://www.blockpit.io/privacy that is an integral part of this agreement.

Warranty and liability
Limitation
Blockpit does not represent or warrant that the Blockpit applications will be available at all times, or that they and the necessary hardware and software will be completely free from errors; and the transmission of data via other systems, in particular the internet and telecommunication networks, is not tracked, recorded or distorted by third parties.

Own Risk
The user uses the Blockpit applications exclusively at its own risk. This applies without restriction for the downloading of own and third-party content by the user; and any use by the user of data generated by Blockpit or provided by Blockpit. The user expressly acknowledges that such data may be erroneous and Blockpit assumes no responsibility, as far as legally permissible, for the accuracy of such data.

External Content
Additionally, Blockpit does not make any representations or warranties with respect to external links, banners or other information and marketing offers that may be made accessible to the user. Any contractual arrangements entered into between the user and a third party provider, e.g., via linked websites or banners, result in a contractual relationship between such user and the third party provider only. Blockpit does not make any representations or warranties with respect to products or services of third party providers.

Limitation of liability
General
Blockpit shall be liable as currently provided by law, regardless of the statutory basis of such liability (pre-contractual, contractual, tort) only if Blockpit has caused a certain damage willfully or with gross negligence. In the event of slight negligence, Blockpit shall not be liable to other businesses and shall be liable to consumers only for personal damages. Blockpit shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits, or damages resulting from claims of third parties.

Content
Unless required by statutory law, neither Blockpit nor any of its business affiliates shall be liable for damages resulting from the use of content made accessible through the use of the online platform or other forms of use of the online platform or mobile apps. This also applies to damages resulting from errors, problems, viruses or loss of data.

Downloads
Blockpit assumes no liability for downloaded material or material obtained as a consequence of using the Blockpit Products. The Registered User is solely responsible for any damages caused by such materials to his computer or smart phone system or for information that is lost as a consequence of downloading materials from any of the Blockpit Products.

Conflicts
The Registered User is exclusively liable for any claims of lawsuits of any kind in any way derived from or related to conflicts with other users. The Registered User acknowledges and accepts that Blockpit will not, under any circumstances, be liable for the acts and omissions of other users, including the damages associated with such acts or omissions.

Indemnification by users
Indemnification
The user shall indemnify Blockpit for all claims raised by third parties as a result of an infringement of their rights by the user in connection with content uploaded to the Blockpit.io platform or any other of the Blockpit Products by such user or as a result of any other usage by such user of applications available from Blockpit. The user shall bear the costs of any legal proceedings, in which Blockpit may be involved in connection with such claims, including all court costs and attorney’s fees to the extent permitted by law, unless the user was not at fault in causing such infringement.

Support
In the event that a claim is brought by a third party, the user shall promptly, truthfully and completely make available to Blockpit all information available to such user that may be necessary to verify such claim and defend against it. Any additional claims for damages that Blockpit may be entitled to bring against the user shall not be affected.

Changes to the terms and conditions
General
Blockpit reserves the right to amend these T&C from time to time for a number of reasons including, without limitation, for commercial reasons, to comply with applicable law or regulations, or for customer service-reasons. At any time, the then-current version of these T&C is available for viewing on the Blockpit.io platform.
Changes to these T&C, other than changes to section “Subject of the agreement” require the consent of the respective Registered User, to whom the changed T&C shall apply. If Blockpit intends to implement such changes to these T&C, Blockpit will give the user as much prior notice of such changes as possible. Such notice shall be made on the relevant pages of the Blockpit.io platform or on any other device through which the user accesses the Blockpit applications.
In the event that the user does not consent to the changed T&C, it shall not be permitted to any further use of the Blockpit applications.

Written Form
Changes or additions to these terms and conditions must be made in writing. Verbal collateral agreements do not exist.

Miscellaneous
Severability Clause
In the event that individual provisions of these T&C shall be or become invalid, all other terms and conditions shall remain in full force and effect.

Governing Law and Jurisdiction
These T&C and all contractual relations and litigation between the users and Blockpit shall be governed by Austrian law, excluding the conflict of law-provisions of the United Nations Convention on Contracts for the International Sale of Goods.

Place of delivery and exclusive court of jurisdiction shall be Linz, Austria.

In regard to the processing of personal data please check https://blockpit.io/privacy

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