Legal

General Terms and Conditions
Blockpit AG

Revised 15. February 2024

Below you will find our General Terms and Conditions. As we know that we deal with highly sensitive financial data in our business, we at Blockpit have set ourselves the goal of meeting the highest data protection and security standards. To this end, we have taken all necessary measures to protect not only your data in the best possible way, but also your rights. To summarise: Blockpit will neither sell your data nor pass it on to third parties without a legitimate reason.

1. General provisions and scope of application

1.1. These 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 4/6. OG, 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 iOS & Playstore 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 "Consumer Customer" has the meaning of "consumer" ‘(Verbraucher) and "Business Customer" has the meaning of "company" (Unternehmer) within the meaning of the Consumer Protection Act (KSchG). “Customer" refers to both.

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 Consumer 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. Other changes may be made at any time and shall come into effect

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 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 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 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 Business Customers, material changes can be carried in accordance with Sections 2.3 and 2.4.

3. Blockpit Customer registration

3.1. Registration. Persons interested in using the Blockpit Applications must create their own customer account ("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 applicable country and currency.

3.2. No personal data within the meaning of the General Data Protection Regulation (GDPR) is required to use the Blockpit Applications.

3.3. 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 or it assumes that an account was created or malicious purposes, 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.

3.4. Prohibition of multiple use of a single Customer Account. Only one Customer is permitted per Customer Account. The use of a Customer Account for more than one person is expressly prohibited. Should a Customer nevertheless operate their customer account for several people or make it available to others, Blockpit expressly reserves the unilaterally exercisable right to delete all Customer Accounts of such a Blockpit Customer without providing any compensation whatsoever and to claim any damages.

3.5. Address changes. The Blockpit Customer must keep their contact details (email address etc.) up to date and correct in their Customer Account. As long as the Customer does 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. Blockpit Customer restrictions

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 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 Customer Account pursuant to clause 5.3.2, persons who are younger than 16 years, 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.

Blockpit platform

5.1. Blockpit platform. After a Customer Account has been successfully registered according to Section 3.1 the Blockpit Customer can log in via the Blockpit Application by entering its e-mail address and its 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 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/pricing. Further information can be found under Section 6.

5.3.2. Paid 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/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 Customer Accounts as to paid Customer Accounts.

6. Free-of-charge Customer Account

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/pricing. In particular, they can only enter their transactions manually (via manual input or CSV-import) or via integrations (Exchanges & Wallets) into the Blockpit Application (Section 8) and track their transactions. They will not receive any 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 Customer Account. A Blockpit Customer who has a free Customer Account is entitled to switch to a paid Customer Account at any time. As of receipt of payment of the specified fee, the provisions according to Section 7 apply.

7. Paid Customer Account

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/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.

7.6. Payment Processing via Third-Party Providers. Blockpit reserves the right to process all payment transactions via third-party providers (e.g. Stripe) and to redirect customers to these platforms for this purpose. Blockpit has concluded corresponding data protection and data processing agreements with all of its third-party providers.

8. Cryptotax

8.1. After successful registration, the Customer 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 prepares country-specific tax reports for the UK, USA, Germany, Austria, Switzerland, Spain, France, the Netherlands and Belgium.

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. The Consumer confirms that they 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.

8.4. Exploitation of transaction data. You authorise Blockpit to share aggregated portfolio data pseudonymised with third parties, to sell or rent it to third parties and to create usage trends, statistics and general analyses. You acknowledge that based on the analysis of your usage behaviour, you may receive offers and/or advertising messages tailored to you and Blockpit may market advertising. You can find more information on this in our Privacy Policy (https://blockpit.io/terms#privacy) and our Cookie Policy (https://blockpit.io/terms#cookie).

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. Through your use of Blockpit, you acknowledge and agree that information provided by Blockpit is simply that, information, and should not be considered a substitute for legal advice, tax advice, audit advice, accounting advice, or brokerage advice under the guidance of a licensed professional. Further, the information provided herein should not be taken as financial planning, investment solicitation or trading advice. No fiduciary relationship has been created between your and Blockpit. 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 be a substitute for trading advice, investment advice, legal advice, or tax advice from a licensed professional. The determined information is merely based on pre-programmed mathematical algorithms which process the transaction data provided by the Blockpit Customer. You agree that Blockpit does not check individual transaction data for its correctness and/or accuracy.

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. Except otherwise provided herein, Blockpit will not sell to or share any of your data with third parties.

9. Right of Withdrawal

9.1. Withdrawal before fulfilment by Blockpit. In the case of contracts for download software and apps - such as the Blockpit Applications - Consumer Customers are always entitled to a right of withdrawal if no service has yet been provided by the company (Blockpit). In this case, the 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 the contract is concluded. In order to exercise this right of withdrawal, the Consumer Customer must inform Blockpit of his decision to withdraw from the concluded contract by means of a clear declaration. The Consumer Customer may use the model cancellation form (Annex II) for this purpose, but is not obliged to do so. The exercise of the right of cancellation by the Consumer Customer shall be deemed to have been made in good time if the Consumer Customer sends the corresponding declaration before the expiry of the cancellation period and can provide proof of a confirmation of transmission and, furthermore, no service has yet been provided by Blockpit. If the Consumer Customer withdraws from the concluded contract, Blockpit must refund all payments received without delay, but no later than 14 (fourteen) days after the day on which Blockpit received notification of the cancellation. For this repayment, Blockpit will use the same means of payment that the Consumer Customer used in the original transaction, unless expressly agreed otherwise with the Consumer Customer. When purchasing via an affiliate link, the affiliate receives a certain percentage of the purchase price paid. In the event of cancellation, the Consumer Customer will be paid the purchase price minus this affiliate payment. If the Consumer Customer does not agree to this, they must delete the affiliate cookie before making the purchase or open the incognito mode in the browser before placing the order in order to place an order without an affiliate.

9.2. Loss of the Right of Withdrawal. By purchasing a Blockpit licence, the Customer agrees to these Terms and Conditions and expressly requests the immediate execution of the contract. They thereby acknowledge that they lose their right to withdraw from this contract as soon as Blockpit has started to provide any digital content (e.g., by downloading a tax report). This does not affect the right of a Customer to withdraw from the contract if a technical problem on the part of Blockpit, e.g. an error or bug, cannot be resolved by Blockpit within a reasonable period of time.

9.3. Contract confirmation. Blockpit will send a confirmation of the concluded contract including these Terms and Conditions to the Customer immediately after the purchase of a license.

10. Obligations of the Blockpit Customer to act and cooperate

10.1. As a Blockpit Customer you have to

10.1.1. ensure prompt performance of all obligations required or reasonably requested of you by Blockpit in the course of providing services through the Blockpit Applications;

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 support@blockpit.io 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 legal@blockpit.io. In the event of misuse or fraudulent use, Blockpit is entitled to block or delete your Customer Account;

10.1.4. update any changes to your registration data (email address) 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 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 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 support@blockpit.io.

10.3. In the event of a breach of the obligations 10.1 Blockpit may take the following actions:

10.3.1. Warning of the Blockpit Customer;

10.3.2. Deletion of content stored, published, transmitted and/or disseminated on the Customer Account;

10.3.3. Termination of the business relationship and/or blocking, freezing and/or closing of the 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 Customer Account

11.1.1. In the case of a free 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 Customer Account in accordance with Section 6.3.

11.2. Paid Customer Account
Both Blockpit and the Blockpit Customer can terminate the business relationship at any time. The right of the 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 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

12.2.5. the Blockpit Customer acts in such a way or uses Blockpit Applications in such a way that this causes damage to Blockpit or Blockpit’s reputation.

12.3. In the case of a paid 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 Customer Account. In the event that the 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 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 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. Warranty

14.1. No warranty towards Business Customers. Blockpit does not provide any warranty to 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 Consumer Customers. Blockpit is liable for damages incurred by a 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 Business Customers. Blockpit is not liable for damages incurred by a 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 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 Business Customer and Blockpit shall be exclusively submitted to the competent court in Vienna, Austria.

Annex I

Definitions

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. All referenced provisions relate to Austrian law.

ABGB: refers to the Austrian General Civil Code.

API: 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.

Blockpit T&C: means the terms and conditions of Blockpit

Blockpit Application: means any individual online or electronic platform or mobile application of Blockpit and the associated APIs of such platform or application.

Blockpit Applications: denotes the entirety of each individual Blockpit Application.

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).

Blockpit Customer: means customers of Blockpit who have completed the registration process in accordance with Section 3 completed.

Customer Account: Refers to the customer account that a Blockpit Customer creates by registering on a Blockpit system.

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.

Annex II

Sample Withdrawal Form

To
Blockpit AG
Peter-Behrens-Platz 4
A-4020 Linz
Austria
E-Mail: support@blockpit.io

I hereby declare that I withdraw from my contract for the provision of the Blockpit license.
The license was ordered on: ___________
The reason for termination is: ___________

Name: ___________________________________

Address: __________________________________

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)

______________________________________

Date:____________

Privacy Policy

Privacy & Data Protection at Blockpit

The privacy of our users, and therefore the protection of your personal data, is our top priority. For this reason, we not only encrypt all data and data transfers in accordance with current industry standards, but we have also restricted the processing of personal data to absolutely necessary areas only. We will never pass your data on to third parties.

With this Data Protection Declaration within the meaning of the General Data Protection Regulation (GDPR), Blockpit AG, FN 477383i, Peter-Behrens-Platz 4/6. OG, 4020 Linz, as the responsible body for data processing (for contact details see our imprint), explains Who, What, When, How, Why and Where personal customer data is processed. The collection, administration and use of personal data by Blockpit complies with the highest security and data protection regulations applicable in the European Union and its member states.

What?

First of all, we would like to point out that the entire software solution provided by Blockpit is basically completely independent of the disclosure of personal data, i.e. data that can be clearly assigned to a specific person, and can therefore also be operated fully functional on an anonymised or pseudonymised basis.

A valid e-mail address must be provided when registering to use the Blockpit applications. Other information, however, is optional and voluntary during registration and can be added or deleted by the user afterwards (e.g. first and last name; date of birth; address). Blockpit does not currently offer the option of encryption of individual user accounts.

We process the personal data that we receive from you as part of our business relationship (mandatory and voluntary). We may also process personal data that we legitimately receive from publicly accessible sources. This may include the following personal data:

  • Personal details (e.g. name, address, contact details, date of birth, gender, place of birth, nationality)
  • Legitimisation data (e.g. ID card data) and authentication data
  • Order data (e.g. payment orders and wallet or account number)
  • Data from the fulfilment of our contractual obligations (e.g. purchase amount, exchange amount, virtual payment data)
  • Information in accordance with the KYC principle resulting from the legal obligations in the Financial Market Money Laundering Act (e.g. customer profile, documentation on the purpose and nature of the business relationship, proof of origin of funds, PEP check)
  • Advertising and sales data
  • Documentation data (e.g. counselling protocols, meeting notes)
  • Processing results that we generate ourselves and data in fulfilment of legal and regulatory requirements

Why?

The purpose of data collection is the automated data processing and provision of services in the context of transaction analyses and applications in the field of blockchain technology. Blockpit has a business licence for services in automatic data processing and information technology. If the aforementioned personal data has been disclosed to us, we may process it in the following ways:

  • for the fulfilment of contractual obligations (Art. 6 para. 1 lit. b GDPR) for the provision of our services and in particular for the performance of our contracts with you or for the implementation of pre-contractual measures taken at your request, as well as for the performance of all activities necessary for the operation and administration of our company and for legal and claims prosecution. The purposes of data processing may also include needs analyses, quality assurance, consulting and the execution of transactions; or
  • to fulfil legal obligations (Art. 6 para. 1 lit c GDPR; e.g., Financial Market Money Laundering Act, tax laws, possible future regulatory requirements) for identity and age verification, fraud and money laundering prevention, the fulfilment of tax and regulatory control and reporting obligations; or
  • within the scope of your consent (Art 6 para 1 lit a GDPR), insofar as you have given us your consent to the processing of personal data for specific purposes; or
  • to safeguard legitimate interests (Art 6 para 1 lit f GDPR) in the context of balancing interests in favour of Blockpit or a third party, such as in cases of consultation of and data exchange with credit agencies, advertising or market research (unless you have objected to the use of your data), measures to protect customers and employees as well as Blockpit's property, measures to prevent and combat fraud (transaction monitoring) and measures for business management and further development of products and services.

For technical reasons, the following data that your browser transmits to us or to our web space provider is also recorded (so-called server log files):

  • Browser type and version
  • Operating system used
  • Website from which you visit us (referrer URL)
  • Website you visit
  • Date and time of your access
  • Your Internet Protocol (IP) address.

This anonymous data is stored separately from any personal data you may have provided and therefore does not allow any conclusions to be drawn about a specific person. It is evaluated for statistical purposes in order to optimise our website and our offers.

All data that the user has processed on the blockpit.io platform will be (i) anonymised or (ii) deleted within 30 days of termination or exclusion, provided that there are no legal storage obligations or legitimate interests to the contrary. At the user's request, all personal data relating to the user will be deleted, provided there are no legal retention obligations or legitimate interests to the contrary. This requires an email with the email address provided during registration and the request for final deletion to legal@blockpit.io. Blockpit will comply with such requests within the statutory period.

Who and Where?

Blockpit treats all user data confidentially and only publishes such data if required by law or with the express consent of the user. At Blockpit, only those departments or employees receive access to your data who need it to fulfil contractual, legal and potential regulatory obligations and to protect legitimate interests. The service providers we use (processors) also only receive data from us if they need this data to fulfil the respective service or if a corresponding authorisation is given. All processors and vicarious agents are contractually obliged (order processing contracts) to maintain data secrecy and to treat your data confidentially and only process it in the context of providing the service.

Blockpit has implemented appropriate security regulations and procedures to protect the stored user data. Sensitive data is not collected. Non-individualisable information is stored and used for the purposes of newsletter advertising or on blockpit.io by Blockpit or its contractual partners. Registered users can also unsubscribe from this advertising using a function on the blockpit.io website.

When?

We process and store your personal data for as long as is necessary for the fulfilment of our contractual and legal obligations, but in any case for the duration of the entire business relationship and beyond in accordance with the statutory retention periods (e.g. 7 years according to the Austrian BAO or UGB; 30 years according to the Austrian ABGB due to warranty and compensation). It is possible to anonymise the data instead of deleting it. In this case, any personal reference is irretrievably removed, which is why the deletion obligations under data protection law no longer apply.

Data Security

Data security is very important to us and we therefore have comprehensive administrative, technical and physical measures in place to protect your personal data from accidental, unlawful or unauthorised destruction, loss, alteration, access, disclosure or use. These measures comply with the highest international security standards and are regularly reviewed for their effectiveness and suitability to achieve the intended security objectives.

We have implemented the following technical and organisational measures, among others:

  • SSL encryption of our websites from which we send personal data;
  • Ensuring the confidentiality, integrity, availability and resilience of our systems and services;
  • Use of encrypted systems;
  • Pseudonymisation and anonymisation of personal data;
  • Access, entry and transmission control for our offices and systems;
  • Measures to quickly restore the availability of personal data in the event of a physical or technical incident;
  • Introduction of procedures for the regular review, evaluation and assessment of the effectiveness of technical and organisational measures to ensure the security of data processing
  • Internal IT security guidelines and IT security training;
  • Incident-response management.

Payment and Subscription Information

You have the option of initiating booking transactions in FIAT or crypto via our services. If this is necessary for the fulfilment of the contract, data will also be transferred to our payment service providers (e.g. Stripe, PayPal, Apple Store, Google Store etc) or the credit institution commissioned to process the payment. The scope of the data is limited to the minimum required for the purpose of processing the contract. Please note, however: Personal data may also be passed on by these third parties to service providers, subcontractors or other affiliated companies if this is necessary to fulfil the contractual obligations arising from your order or if the personal data is to be processed on our behalf.

When paying by credit card, instant bank transfer or direct debit, payment is processed by the payment service provider Stripe Payment Europe Ltd, Block 4, Harcourt Centre, Harcourt Roud, Dublin 2, Ireland. You can find more information about Stripe's data protection at https://stripe.com/privacy.  

When paying via the Apple App Store, payment is processed by the payment service provider Apple Inc, One Apple Park Way, Cupertino, CA 95014, USA. You can find more information on data protection in the App Store at https://developer.apple.com/app-store/app-privacy-details/.    

When paying via the Google Store, payment is processed by the payment service provider Google Commerce Limited, Gordon House, Barrow Street, Dublin 4, Ireland. You can find more information on data protection in the app store at https://policies.google.com/privacy?hl=en.  

If you decide to pay with the online payment service provider PayPal as part of your order process, your contact details will be transmitted to PayPal as part of the order process. PayPal is an offer from PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. PayPal assumes the function of an online payment service provider as well as a trustee and offers buyer protection services. Depending on the payment method selected via PayPal, e.g. invoice or direct debit, the personal data transmitted to PayPal will be transmitted by PayPal to credit agencies. This transmission is used to check your identity and creditworthiness in relation to the order you have placed. To find out which credit agencies are involved and which data is generally collected, processed, stored and passed on by PayPal, please refer to PayPal's privacy policy at https://www.paypal.com/us/legalhub/privacy-full.  

Although we do not store any credit card information ourselves, we register a payment ID, which is issued by the respective provider and can be assigned to a person by them, as well as the duration of your subscription, the price, the currency, the VAT (based on country information) and the payment provider. We need to do this in order to activate the correct licence for you.

Service providers and other third-party services

We use third parties to help us provide and improve our products (e.g. maintenance, analytics, audit, payments, fraud detection, marketing and development). These service providers may have access to your browsing data, unless you have disabled this (see cookie statement) and this is necessary to fulfil these tasks on our behalf, and are obliged not to pass it on or use it for other purposes. We use processors such as Google, Meta, Apple, Amazon Web Services, Firstpromoter, Miro, Notion Labs, Zoom, Semrush, Atlassian, Zendesk, Stripe, AdRoll, Zapier, Hotjar & Hubspot .

Data protection rights

Every data subject has the right to information, rectification, erasure, restriction of processing, objection and data portability. In addition, there is a right to lodge a complaint with a data protection supervisory authority. The supervisory authority for Blockpit's compliance with data protection regulations is the Austrian Data Protection Authority, Wickenburggasse 8-10, 1080 Vienna, phone: +43 1 531 15-202525, email: dsb@dsb.gv.at, website: http://www.dsb.gv.at.

However, before you contact the data protection authority, we ask that you first submit all claims to Blockpit (legal@blockpit.io).

Automated decision-making including profiling?

We do not use automated decision-making to establish and conduct the business relationship. Personal aspects are also not evaluated (profiling).

Plugins and widgets for social media

Blockpit uses third-party content on its platform:

https://www.Meta.com/blockpit.io

https://twitter.com/blockpit_io
https://www.instagram.com/blockpit.io/
https://www.linkedin.com/company/18177045/
https://t.me/blockpit
https://reddit.com/r/Blockpit
https://steemit.com/@blockpit
https://medium.com/@blockpit

The social media plugins may collect the user's IP address and the page the user has visited on the blockpit.io platform and they may set up a cookie for the function to work properly. Social media plugins and widgets are either hosted by third parties or directly on our websites and the IP address is transmitted to a third country or within the EU. The user's interaction with these features is subject to the privacy policy of the respective company providing the feature. Blockpit is not responsible for the policies and practices regarding collection, use, disclosure, including data security practices of third parties. Please contact these companies directly to learn about their legal bases and retention periods.

Google Analytics and App Analytics

The Blockpit applications use Google Analytics, a network analysis service from Google Inc ("Google"). Google Analytics uses "cookies" (see this and all cancellation options at https://www.blockpit.io/terms#cookie). The information relating to the visit to a website, including the IP address, is collected by the cookie and usually transmitted to a Google server in the USA and stored there. If a website has activated IP anonymisation, Google first shortens IP addresses from member states of the European Union and EEA states. The full IP address is then, only in exceptional cases, transmitted to the Google server in the USA or Asia and only shortened there. Google uses the information collected on behalf of the website provider to analyse the use of the Blockpit applications, to compile reports on website activity and to provide additional services relating to the Blockpit applications. Under no circumstances will Google link the IP address transmitted by the browser as part of Google Analytics with other Google data.

Your consent allows us to transfer certain data to our partners for processing in countries outside the EU, in particular the USA (e.g. Google Analytics). There is no adequacy decision by the EU Commission for the USA and, despite extensive measures, the high EU level of data protection cannot be guaranteed in the USA. There is a risk that transmitted data may not be deleted or further processed for any purpose, that US authorities may have disproportionate access to your data or that you may not be able to effectively enforce your rights in the USA. You can also revoke your consent at any time with effect for the future. However, rejecting some of these cookies may affect your user experience.

Users can prevent the recording by Google and Google's processing of information regarding the use of the Blockpit platform, including the IP address, by downloading and installing the following browser plugin: http://tools.google.com/dlpage/gaoptout?hl=en.

The Blockpit applications use Google DoubleClick for Publishers ("DFP"). DFP uses cookies to display relevant adverts to the user - the user can find more information about DFP at https://support.google.com/dfp_premium/answer/2839090?hl=en. The user can deactivate the setting of cookies by DFP on the following page and thus prevent the display of adverts relevant to the user on the Blockpit platform: http://www.google.com/ads/preferences.

Use of Google Recaptcha

Blockpit uses the reCAPTCHA service from Google Inc (Google) to protect your orders via Internet forms. The IP address transmitted by your browser as part of reCaptcha and the data required for this purpose are transmitted to Google in the USA. The deviating data protection provisions of Google apply to this data. http://www.google.com/policies/privacy/.

Use of Google Adwords

We also use the Google advertising tool "Google Adwords" to advertise our website. As part of this, we use the "Conversion Tracking" analysis service of Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, hereinafter "Google", on our website. If you have reached our website via a Google advert, a cookie will be stored on your computer. Cookies are small text files that your internet browser places and stores on your computer. These so-called "conversion cookies" lose their validity after 30 days and are not used to identify you personally. If you visit certain pages of our website and the cookie has not yet expired, we and Google can recognise that you as a user have clicked on one of our ads placed on Google and have been redirected to our site. The information collected with the help of "conversion cookies" is used by Google to compile visit statistics for our website. These statistics tell us the total number of users who have clicked on our advert and also which pages of our website were subsequently accessed by the respective user. However, we or other Google AdWords advertisers do not receive any information that can be used to personally identify users. You can prevent the installation of "conversion cookies" by adjusting your browser settings accordingly, for example by using a browser setting that generally deactivates the automatic setting of cookies or specifically blocks only cookies from the domain "googleadservices.com".

You can find Google's privacy policy in this regard at the following link https://services.google.com/sitestats/en.html.

Use of Meta

We may use components of the provider facebook.com on our website. Facebook is a service of Meta Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA. Each time you access our website, which is equipped with such a component, this component causes the browser you are using to download a corresponding representation of the component from Meta. This process informs Meta which specific page of our website you are currently visiting. If you visit our site while you are logged in to Meta, Meta recognises which specific page you are visiting through the information collected by the component and assigns this information to your personal account on Meta. For example, if you click on the "Like" button or make comments, this information is transmitted to your personal user account on Meta and stored there. In addition, the information that you have visited our site is passed on to Meta. This happens regardless of whether you click on the component or not. If you want to prevent this transmission and storage of data about you and your behaviour on our website by Meta, you must log out of Meta before you visit our site. Meta's privacy policy provides more detailed information on this, in particular on the collection and use of data by Meta, your rights in this regard and the setting options for protecting your privacy: https://facebook.com/about/privacy/.  

External tools are also available on the market that can be used to block meta-social plugins with add-ons for all common browsers https://www.comparitech.com/blog/vpn-privacy/stop-facebook-tracking/  

You can find an overview of the meta plugins at https://developers.facebook.com/docs/plugins/  

Use of Twitter

We may use components of the provider Twitter on our website. Twitter is a service of Twitter Inc, 795 Folsom St., Suite 600, San Francisco, CA 94107, USA. Each time you access our website, which is equipped with such a component, this component causes the browser you are using to download a corresponding representation of the component from Twitter. This process informs Twitter which specific page of our website is currently being visited. We have no influence over the data that Twitter collects in this way, nor over the scope of this data collected by Twitter. To the best of our knowledge, Twitter collects the URL of the respective website accessed and the IP address of the user, but does not use it for purposes other than displaying the Twitter component. Further information on this can be found in Twitter's privacy policy at http://twitter.com/privacy.  

You can change your privacy settings in the account settings at http://twitter.com/account/settings.

Use of YouTube components with extended data protection mode

We may use components (videos) from YouTube, LLC 901 Cherry Ave, 94066 San Bruno, CA, USA, a company of Google Inc, Amphitheatre Parkway, Mountain View, CA 94043, USA, on our website. We use the " - extended data protection mode - " option provided by YouTube. When you access a page that has an embedded video, a connection to the YouTube servers is established and the content is displayed on the website by notifying your browser. According to YouTube, in " - extended data protection mode -" only data is transmitted to the YouTube server, in particular which of our Internet pages you have visited when you watch the video. If you are logged in to YouTube at the same time, this information will be assigned to your YouTube member account. You can prevent this by logging out of your member account before visiting our website. Further information on YouTube's data protection is provided under the following link: https://www.youtube.com/intl/ALL_at/howyoutubeworks/user-settings/privacy/  

Access data / server log files

Blockpit (or its web space provider) collects data about every access to the website (so-called server log files). The access data includes: Name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider. The provider uses the log data only for statistical evaluations for the purpose of operation, security and optimisation of the website. However, the provider reserves the right to check the log data retrospectively if there is a justified suspicion of unlawful use based on concrete evidence.

Deletion of user data

If a registered user's account is terminated, all personal data provided by the respective user upon registration will be deactivated. All data collected from the user will be (i) anonymised, i.e. it will be visible that this information originates from a deleted account, or (ii) in the event of the deletion of an account, deleted within 30 days, provided that there are no legal storage obligations or legitimate interests of Blockpit to the contrary and, at the request of this Registered User, all user data which is no longer required for the fulfilment of the contract by Blockpit or which must be stored due to legal requirements will be irrevocably deleted. Such a request for deletion must be made by e-mail to support@blockpit.io, stating the e-mail address provided during registration. Blockpit will fulfil this request immediately.

Cookies

For data processing in connection with cookies and similar technologies, see our comprehensive cookie statement (https://www.blockpit.io/terms#cookie).

Newsletter

Blockpit sends newsletters to registered users on the one hand, and to people who have provided their email addresses for another service offered by Blockpit on the other. The email address is processed for the purpose of the newsletter and the user has the option to unsubscribe from the newsletter each time they receive it. The legal basis is your consent in accordance with § 107 TKG.

Changes to the privacy policy

In order to comply with all legal requirements, this privacy policy is continuously adapted. You can always find the latest version on our website. If we make material changes to this Privacy Policy, we will notify you after you log in to your Blockpit account and provide you with the updated version of the Privacy Policy. If required by applicable law, Blockpit will obtain your express consent to any material changes.

Contact us

If you have any further questions about this privacy policy or the processing of personal data, please contact either our support team (support@blockpit.io) or the legal team (legal@blockpit.io).

Version: February 2024