Terms and conditions Criptan Earn
These staking terms and conditions ("Staking T&C") establish the contractual relationship between Criptan Trade, S.L. ("Criptan") and the user ("User" or "Participant").
The Staking T&Cs shall be applicable only for the staking service (Staking Service) offered by Criptan. The Participant declares that, either on behalf of himself or on behalf of an institution or company, he has the authority to delegate the tokens ("Tokens") to Criptan and to adhere to the clauses set forth in the Staking T&Cs.
By accepting these Staking T&Cs and upon delegation of his tokens to any of the Validator Nodes deployed by Criptan, the Participant shall become a party to this agreement.
"Staking T&C": this Agreement and any other documents or information related to this Agreement. Please note that the Participation Rewards and other aspects related to the Staking Services will appear in the windows provided for this purpose on the Criptan website or application.
"Staking Start Date": the date from which Staking Rewards begin to be computed. For the determination of the Participation Starting Date a range of 20 calendar days from the contribution of the Delegated Tokens is established. In most cases the 20 day period will be reduced, but variations may occur due to the need to deploy a new Validator Node. The Participation Start Date will be the date on which the Delegated Tokens are contributed to the Validator Node between day 0 and 20 inclusive.
"Participation Term": tokens distributed for Eth 2.0. protocol validation fees subtracting network crashes, any other penalties and the 15% commission for the benefit of Criptan for the provision of its services....
"Participation Rewards": Tokens distribuidos por las tarifas de validación del protocolo Eth 2.0. restando las caídas de la red, cualquier otra penalidad y la comisión del 15% en beneficio de Criptan por la prestación de sus servicios.
"User" or "Participant": means the party using the Staking Service to earn Participation Rewards.
"Platform": our technology platform and infrastructure that we use to provide the Staking Service.
"Staking Service": refers to our provision of validation services on the Ethereum blockchain.
"Validator Node": refers to a piece of software known as a client. A client is an implementation of Ethereum, which verifies all transactions on each block, keeping the network secure and the data accurate.
"Clipping Penalties": any penalty imposed by the Ethereum Network for failure to comply with the Service in accordance with the Ethereum 2.0 Protocol.
"Participation": means Participant's use of the Service to earn Participation Rewards.
"Delegated Tokens": Tokens that the Participant has delegated.
"Ethereum Blockchain": blockchain network for which our Platform is capable of performing the Staking Service.
"Ethereum 2.0. Protocol": rules of operation of the Ethereum 2.0. Blockchain, including, but not limited to the participation process, the amount and timing of receipt of Participation Rewards, and the conditions under which Clipping Penalties are imposed.
"Token": means the underlying digital asset of the Ethereum Blockchain.
"Website": means any website or application managed and maintained by Criptan.
Introduction to the Staking Service
The Ethereum 2.0. Protocol allows its participants to create Validator Nodes by contributing 32 Tokens in order to obtain rewards.
Due to the high costs involved in deploying a Validator Node, the same protocol allows small contributions from different Participants in the same Validator Node.
Operation of the Staking Service
Having stated the above, Criptan will deploy different Validator Nodes according to the number of Participants and the Delegated Tokens they contribute.
The Tokens provided by the Participants will be assigned to the Validator Node available on the Start Date, and it will not be possible for the Participant to choose which of the Validator Nodes deployed by Criptan his/her Tokens will be assigned to.
In order for all Participants to obtain the same percentage of Participation Rewards, the profitability of the different Validator Nodes will be averaged among the total number of Participants.
Risks Inherent in the Staking Services
The Participant acknowledges that it is possible that, due to the early stage of development of the Ethereum 2.0. Protocol, system failures not attributable to Criptan may occur, resulting in the loss of the Staking Rewards or even the totality of the Tokens contributed.
Obligations of the parties
- The Staking Service shall be operated in a diligent and professional manner and in accordance with applicable industry standards;
- Criptan shall employ reasonable security safeguards to protect the integrity and availability of the Staking Service, and to avoid the Clipping Penalties.
- To be part of a Validator Node, the Participant must contribute Tokens to the account indicated by Criptan.
- Tokens may be contributed or withdrawn at the Participant's discretion, however, in all cases the contributed Tokens will be subject to the Ethereum 2.0 Protocol, i.e., situations may arise that limit Token transactions for reasons outside of Criptan and in relation to the Ethereum 2.0 Protocol. This includes, but is not limited to, linking and unlinking periods, disqualification from receiving Participation Rewards for partial periods, and minimum balances and required Token amounts.
- The Participant is responsible for maintaining the security of his or her accounts and passwords at all times.
- The Participant may not withdraw Tokens contributed prior to the end of the Criptan Participation Period.
- The Participant is presumed to have knowledge of blockchain technology and Proof of Stake protocols. Should the Participant require further information about the Staking Services, the channels set out in clause 13 of this Agreement are enabled.
Users who wish to become Participants of the Staking Services must comply with the following requirements:
- To have completed the registration enabled by Criptan; and
- Provide the minimum Tokens established by Criptan at any time. The minimum Tokens will depend on external factors related to the Eth Protocol. 2.0.
Services and Service Level Agreement
- Payment of Participation Rewards: Participants will receive Participation Rewards directly attributable to their Delegated Tokens. The percentage of return and the timing of receipt thereof by Participants will be determined based on the Ethereum 2.0 Protocol.
Factors used by the Ethereum 2.0. Protocol to determine Rewards may include, but are not limited to, the number of Delegated Tokens behind a Validator Node, the total number of Validators in the system, or whether the Validator has experienced any Clipping Penalties.
Participation Reward payments will be executed on the account from which the Tokens were delegated.
- Clipping Penalties - the Ethereum 2.0 Protocol may impose penalties for Criptan's handling of the Validator Node. By accepting this agreement, the Participant understands and accepts the risk of loss of even all of its Delegated Tokens.
- Service Level Agreement - Criptan will not compensate Participants in the event of any of the following events: acts or omissions of Participants, maintenance of the Ethereum Blockchain, native software errors or crashes of the Ethereum 2.0. Protocol, acts of a hacker or other malicious actor, changes to the Ethereum 2.0. Protocol resulting in changes to the Participation Rewards, force majeure events, or any other action beyond Criptan's control.
- The Participant shall be responsible for the payment of all taxes, fees and surcharges, which are imposed or based on the use of the Staking Services and the Staking Rewards earned.
- Neither Criptan nor any of its agents will provide any advice or guidance with respect to a Participant's tax obligations. It is strongly recommended that you seek the advice of your own tax advisor to discuss the potential tax consequences of entering into this Agreement.
Terms and Termination of Staking T&Cs
- The Staking T&Cs will become applicable once the Participant accepts them and delegates his Tokens to a Validating Node.
- Upon termination of this Agreement, all licenses to access and use the Staking Services shall terminate and the User shall no longer have access to the Staking Services.
- All obligations and duties that by their nature extend beyond the expiration or termination of this Agreement shall survive the expiration or termination of this Agreement, including, without limitation, accrued payment rights, warranty disclaimers, indemnification and limitations of liability.
Discontinuance of Service.
Criptan reserves the right to discontinue the Staking Service at any time for any or no reason. If Criptan decides to discontinue the Staking Service, it shall notify the Participants of its intention to do so at least 30 days in advance.
All rights and title to the Platform, including all modifications, improvements, enhancements, adaptations, improvements or translations made, and all ownership rights therein, shall be and remain the sole and exclusive property of Criptan.
Participant’s Use of the Staking Services
- The Participant may not reverse engineer or decompile any part of the software developed by Criptan to provide the Staking Services.
- The Participant shall assume the risk of loss and all liability arising from any unauthorized or fraudulent use of the Staking Services.
- In addition, the Participant agrees not to (i) send or store malicious code in connection with the Staking Services or otherwise interfere with or disrupt the operation of the Staking Services, (ii) use manual or automated tools to scan the Staking Services to determine vulnerabilities, or (iii) attempt to gain access to the Staking Services or its related systems or networks in a manner inconsistent with permitted use.
- Criptan reserves the right to take all actions it deems appropriate, including, without limitation, blocking access to geographic areas or suspending access to the Staking Services in order to prevent or terminate any fraud, abuse or unlawful use of or activities in connection therewith or any other breach of this section.
Warranties and Disclaimers.
- Each party represents and warrants to the other that it has the requisite power and authority to enter into this Agreement and to carry out all activities and transactions contemplated hereby.
- Criptan warrants that it will provide the Staking Services in a professional and diligent manner and in accordance with applicable industry standards.
Changes to this Agreement.
Criptan reserves the right to modify the present T&C by publishing the most updated version on its website.
Criptan shall be excused from any delay or breach of this Agreement to the extent that such delay or breach is caused by an act of God or any other cause beyond its reasonable control. Any such delay or failure shall suspend Criptan's obligations to perform under this Agreement until the cause of the delay or failure is removed.
CRIPTAN, as the party responsible for the Platforms and in charge of the commercialization of the Services offered through the same, makes available to the Users a customer service, in which due attention will be given to all queries, complaints and suggestions raised in relation to the contracting of any of the Services.
Specifically, the means of contact made available to the User are the following:
CRIPTAN will respond to complaints or queries received as soon as possible, which in no case shall exceed a period of one (1) month from the date on which the User submitted the complaint or query.
Likewise, for any problem deriving from the transaction carried out, or to try to correct a transaction error, the Client may contact CRIPTAN through the following telephone number: +34 625 82 17 47 or wait for CRIPTAN to contact the User through the Application, CRIPTAN account or the personal data provided, implementing the protocol set forth in the previous points of this document.
Jurisdiction and applicable law
The transaction is understood to have been carried out in Spanish territory, and therefore, for any interpretative or litigious issues that may arise, Spanish law shall be applicable.
In case of dispute, for Participants operating outside the framework of their professional or business activity, both parties agree to submit to the jurisdiction of the Courts and Tribunals of the Consumer's domicile, waiving any other jurisdiction to which they may be entitled.
In case of dispute, for Participants operating within the framework of their professional or business activity, both parties agree to submit to the jurisdiction of the Courts and Tribunals of Valencia, waiving any other jurisdiction that may correspond to them.
Finally, we remind customers that, in the event that they wish to file a claim for any incident in the contractual relationship, they can file the appropriate claim by filling out the following electronic form: http://ec.europa.eu/consumers/odr/.
EARN 90 TERMS OF ENGAMENTENT
This document regulates the terms and conditions for contracting the services of "Earn90" through the CRIPTAN web and mobile application (hereinafter, collectively the "Platforms").
Please read these terms of engagement (hereinafter, "Terms of Engagement") carefully before making any purchase or using any service. In this regard, you agree to be bound by these Terms of Engagement and should not purchase any services on the Platforms if you do not agree to all of the Terms of Engagement.
The language in which the contracting procedure shall be carried out and in which these Terms of Engagement shall be formalized shall be, unless otherwise indicated, English.
In compliance with the duty of information contained in Article 10 of Law 34/2002, of July 11, of Services of the Information Society and Electronic Commerce, the following data of the owner are reflected below:
Name: CRIPTAN TRADE S.L. ("CRIPTAN");
Registered office: C/ Almirante Cadarso 26 46005 - (Valencia);
Registration Data: Registro Mercantil de Valencia, Tomo 10523, Libro 7804, Folio 110, Sección 8, Hoja V-182811.
The purpose of these Terms of Engagement is to regulate the legal relationship between Criptan and the User.
MECHANICS OF THE SERVICE
- The User, through access to the Platforms, will be able to access the performance and duration conditions through the channels provided for such purpose.
- If the User agrees with the conditions set forth in the preceding paragraph, the User shall provide the USDCs he/she wishes through the procedures provided for this purpose in the Platforms.
- With respect to maximum and minimum contribution limits, the amount borrowed per transaction may not be less than 10 USDC and not more than 50,000 USDC;
- The Financing Characteristics will be calculated taking into account Criptan's need for liquidity and the average interest rates for this type of business;
- In case of acceptance of the Financing Characteristics, the funds deposited by the User will be blocked until the maturity date established in the communication;
- Criptan shall be obliged to return to the User, within the agreed terms, the full amount that the User had contributed plus an interest previously agreed between the Parties and that shall be stated in the communication on the Financing Characteristics;
- Both principal and interest thereon shall be returned in USDC currency to the User;
- All the particular elements of the Contract and that Criptan has defined in the corresponding annexes must have been accepted by the Parties after the acceptance of the present Contract.
The contractual term shall begin to run on the first Friday at 00:00 UTC following the user's consent. The contract will expire after 84 calendar days. On the expiration date, Criptan will proceed to refund the principal.
At the time of contracting, the User will have the possibility of selecting an option of tacit renewal of the loan. That is, the client is able to choose that at the end of the term of the loan, a new one is automatically contracted under the same conditions and amounts.
The User agrees to comply with the following obligations:
- To contribute the amount indicated in clause 1.2. of this Contract;
- Provide the Lender with any relevant information;
- Accept and comply with all the terms of this Agreement; and
- Always act in good faith.
Criptan undertakes to comply with the following obligations:
- Provide the necessary information requested in full accordance with reality;
- Provide the User with any relevant information related to the acquisition of the good or service.
- Proceed to the payment of the agreed amounts within the term agreed in the Financing Characteristics.
- Always act in good faith.
PRINCIPAL PAYMENTS PLUS INTEREST
Criptan shall proceed to the payment of the agreed amount, which shall consist of the amount loaned by the User plus the agreed interest through the account enabled for such purpose through Criptan's platform and within the agreed term.
The payment of the principal contributed by the User shall take place after 84 calendar days have elapsed, from the first Friday following the User's deposit, as explained in CLAUSE FOUR.
Interest payments will be prorated on a weekly basis. Therefore, every Friday at 17:30 CET, and within one hour, 1/12 of the total interest due at the end of the loan term will be paid.
The Borrower may make the payment in advance, although the agreed interest rate will not change.
Criptan, pursuant to art. 1105 of the Spanish Civil Code, shall be exempt from any delay or failure to perform under this Agreement to the extent that such delay or failure is caused by an act of God or any other unforeseeable cause or, if it could have been foreseen, is unavoidable, being of external origin and beyond its reasonable control and its diligence guided by good faith. Any delay or default falling within such external causes shall suspend Criptan's obligations to perform under this Agreement until the cause of the delay or default is eliminated. It should be noted that these are exceptional circumstances, the occurrence of which is unlikely. By way of example, the following may be mentioned:
- Strikes, lockouts or other industrial action;
- Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or undeclared) Threat or preparations for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or any other natural disaster;
- Inability to use public or private telecommunication systems, e.g. Ethereum network downtime or failures.
- Acts, decrees, legislation, regulations, rules or restrictions of any government or public authority
Likewise, Criptan informs the User that the purchase or sale of bitcoins and other cryptoassets may be recorded in a Blockchain or public blockchain. Public blockchains operate like ledgers, intended to immutably record transactions on networks of computer systems. Many of these public blockchains allow forensic analysis that can lead to de-anonymization and inadvertent disclosure of private financial information, especially when blockchain data is combined with other data.
Since blockchains are decentralized or third-party networks that are not controlled or operated by Criptan, Criptan may not delete, modify or alter, if any, personal data hosted on such networks.
APPLICABLE LAW AND COMPETENT COURT
The transaction is understood to be carried out in Spanish territory, and therefore these Terms of Engagement are governed by Spanish law, without prejudice to the provisions of art. 6.2 of Regulation 593/2008 of the European Parliament and of the Council.
In case of dispute, for customers operating outside the framework of their professional or business activity, both parties agree to submit to the jurisdiction of the Courts and Tribunals of the User's domicile, waiving any other jurisdiction that may correspond to them.
In case of controversy, for customers operating within the framework of their professional or business activity, both parties agree to submit to the jurisdiction of the Courts and Tribunals of Valencia, renouncing any other jurisdiction that may correspond to them.
Finally, we remind customers that, in the event that they wish to file a claim for any incident in the contractual relationship, they can file the appropriate claim by filling out the following electronic form.
APPLICATION OF THE TERMS OF ENGAGEMENT
For those aspects not contemplated in these Terms of Engagement, the provisions of the Terms and Conditions shall apply.