1. Introduction and validity1.1 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 (see Section 4, below). General descriptions of Blockpit, can be viewed without registration.
1.2 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.
1.3 These T&C shall be valid until cancelled in the currently valid version as of 25 Sep, 2017.
2. Subject of the agreement
Currently, Blockpit essentially offers its users the following features and information
2.1 blockpit.io plattform;
2.1.1 Personal profile page, including personal details;
2.1.2 Clear overview of cryptocurrency records and transactions as added by Users to the Blockpit platform;
2.1.3 Statistics, analysis and comparisons;
2.1.4 News regarding cryptocurrencies and blockchain technology in general;
2.1.5 status messages;
2.1.6 A blog presenting corporate company information, products and news;
2.1.7 Other content:
About us: Short description of Blockpit;
Partner: Presentation of partners and supporters of Blockpit;
Advertising by Blockpit and/or third parties;
data privacy terms;
2.2 Mobile applications
2.2.1 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.
2.2.2 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.
2.2.3 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.
2.2.4 The mobile applications are only available to users of smartphones.
2.2.5 Additional terms and conditions on the part of the mobile phone-providers apply.
3.1 Blockpit Products can only be used in combination with a one-time, free registration. Blockpit offers users three ways of registering:
3.1.1 Via the registration form provided on the blockpit.io Platform;
3.1.2 Via the blockpit.io App: For purposes of registration, the user shall provide the details requested by the registration form; e.g. E-Mail address, completely and correctly, unless such details are marked as voluntary.
3.1.3 Via Adoption by Blockpit of registration details provided by the user in the social network Facebook. Registration via Facebook Connect requires the user to confirm that the selected details, which the user previously provided on Facebook, shall be adopted by the Blockpit network. Which data is sent to Facebook can be reviewed under https://www.facebook.com/about/privacy/.
3.2 Consequences of Registration
3.2.1 By registering, the user confirms its knowledge and the unlimited recognition of the content of these T&C as well as that all registration data is true, accurate, current, and complete, and s/he will keep all registration information up to date.
3.2.2 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.
3.2.3 Following successful registration, the user (then the “Registered User”) can log on to the blockpit.io platform by either (i) entering its email address and the chosen password, or (ii) accomplishing the log-in via Facebook Connect.
3.3 Rights of Blockpit
3.3.1 Blockpit reserves the right to reject users without giving reasons. In this event, any transmitted details will be deleted promptly.
3.3.2 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.
3.3.3 In any event, Blockpit reserves the right to contact you at any time to verify your registration data.
3.4 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.
Blockpit will send newsletters to Registered Users. By accepting these T&C, the user allows Blockpit to send newsletters. The user can opt out of receiving a newsletter each time such newsletter is received. Upon opting out, the user will not receive any further newsletters from Blockpit.
5. General Terms and Conditions for all users
5.1 Fraud protection.
5.1.1. 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.
5.1.2. 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.
5.2 Promotions and Free Offers. Blockpit may run promotions and free offers, which may be subject to additional terms or restrictions. These promotions and offers may not be transferred between users.
5.3 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.
6.1 Each user shall have the right to terminate the use of Blockpit’s online platform at any time via its account settings. Blockpit shall confirm such termination vis-a-vis the user.
6.2 Additionally, Blockpit reserves the right to terminate a user’s membership for important reasons, such as due to gross breaches of the user‘s obligations as set forth in these T&C and ancillary agreements.
6.3 Consequences. As a result of any termination pursuant to this Section 7 or cancellation pursuant to Section 8 hereof the following shall apply:
6.3.1 All personal details provided by the user upon registration shall be deactivated. Any details made public by the user will be (i) anonymized or deleted, in the event of cancellation, within thirty days.
6.3.2 Upon the user’s request, all saved personal details shall be irrevocably deleted. The user shall request such deletion by email sent to [email protected], which shall include the email address provided to Blockpit upon registration, or via the blockpit.io platform. Blockpit will comply with such requests immediately and maintain a record of the destruction for one year after the destruction.
7. User obligations and conduct
7.1 User Obligations. Each user of the Blockpit Products must
7.1.1 truthfully provide, and keep current and complete, its registration details, and must not pass on such details to third parties;
7.1.2 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;
7.1.3 not save, publish, transmit or distribute any content that is racist, insulting, discriminating, denunciation, sexual, glorifies violence or is otherwise illegal;
7.1.4 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;
7.1.5 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;
7.1.6 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;
7.1.7 provide prompt notice via email to [email protected] of any detected breaches of the aforementioned obligations;
7.1.8 diligently care for the personal details and only allow such persons access to its own details that are close to the user; and
7.1.9 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.
8. Breach of user obligations
8.1 In order to ensure the proper and reliable provision of services, Blockpit imposes the following sanctions upon breach obligations by a user:
deletion of content;
temporary deactivation of user account; and
cancellation (irrevocable deactivation).
8.2 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.
8.3 Cancellation. In the event a user account shall be cancelled in accordance with this Section 8, the respective user shall not be permitted to register again.
9.1 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.
9.2 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.
9.3 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
9.3.1 comply with statutory law, or court or administrative orders;
9.3.2 ensure compliance with these T&C;
9.3.3 react to claims of breaches of law raised by third parties; or
9.3.4 safeguard the rights, property or personal safety of Blockpit, its users and the general public.
9.5 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.
9.6 Ownership. Blockpit does not claim ownership of any content created by users and will not supervise such content.
9.7 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.
9.8 Inaccurate Content. Blockpit shall not be responsible for inaccurate content created by users.
11. Gewährleistung und Haftung
11.1 Limitation. Blockpit does not represent or warrant that
11.1.1 the Blockpit Products will be available at all times, or that they and the necessary hardware and software will be completely free from errors; and
11.1.2 the transmission of data via other systems, in particular the internet and telecommunication networks, is not tracked, recorded or distorted by third parties.
11.2 Own Risk. The user uses the Blockpit Products exclusively at its own risk. This applies, without limitation, to
11.2.1 downloading of the user's own and third party content; and
11.2.2 any use by the user of data created or provided by Blockpit, including, but not limited to (i) measured pulse or altitude details, or (ii) recommendations for actions, e.g., workout plans etc. The user explicitly acknowledges that any such data or content may contain errors, and Blockpit does not, to the extent permitted by law, assume any responsibility for the correctness of such data.
11.3 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.
12. Limitation of liability
12.1 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.
12.2 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.
12.3 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.
12.4 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.
13. Indemnification by users
13.1 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.
13.2 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.
14. Changes to the terms and conditions
14.1 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.
14.2 Changes to these T&C, other than changes to Section 3 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 Products.
14.3 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 Products.
14.4 Written Form. Subject to Sections 14.1 to 14.2, any changes to these T&C must be made in writing. No ancillary oral arrangements exist.
15.1 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.
15.2 Governing Law and Jurisdiction.
15.2.1 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.
15.2.2 Place of delivery and exclusive court of jurisdiction shall be Linz, Austria.
Last updated:: 25 Sep, 2017