Terms and conditions
Criptan fights tirelessly against criminal activities in the cryptoassets sector and actively collaborates with the competent authorities in order to promote a secure environment for its users.Crypto-asset transactions are NOT reversible, so if you send your crypto-assets to the wrong address, CRIPTAN cannot recover them (as is the case with all other applications that allow the buying and selling and exchange of crypto-assets). We recommend extreme caution when sending cryptoassets. It is the user's responsibility to know the recipient of their shipments. From Criptan we actively advise you to VERIFY to whom you send money and how you do it. Before trusting, make sure that the recipient of the funds does not carry out activities typified as a crime, especially with individuals who have contacted you through social networks or suspicious emails or websites.
This document regulates the contracting conditions of the different services offered through CRIPTAN LITE web and mobile application (hereinafter, jointly the "Platforms").
The language in which the contracting procedure will be carried out and in which these Terms of Engagement are 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, Services of the Information Society and Electronic Commerce, the following data of the owner are reflected below:
Name: CRIPTAN PLATFORM S.L. ("CRIPTAN");
Registered office: C/ Almirante Cadarso 26 46005 - (Valencia);
Registration Data: Registro Mercantil de Valencia, diario 975, asiento 1172.
The purpose of this document is to establish the terms that will regulate the contracting process, by registered users (hereinafter, the "Users"), of any of the services offered through the Platforms.
Any matter not expressly provided for in these Terms of Engagement shall be understood to be reserved to CRIPTAN, without prejudice to the application of the provisions of the regulations in force.
Likewise, CRIPTAN reserves the right to carry out modifications and/or updates to the present Terms of Engagement, of which the User will be previously informed for his/her acceptance or rejection in case they are substantial. In any case, the User shall be deemed to expressly accept such modifications or updates if he/she re-hires the services offered by CRIPTAN through the Platforms.
If accepted by the User, the new Terms of Engagement will fully replace the conditions in force up to that moment, starting to take effect in the new purchases contracted by the User, from the date of acceptance of the new Terms of Engagement.
The marking of the corresponding box in the contracting process, as well as the fact of following telematically all the steps of this one, supposes the express acceptance of the present Terms of Engagement on the part of the User, having the same validity that the face-to-face signature of the same one. In this way, the User acknowledges being a person with sufficient capacity to assume the obligations arising from their actions through the Platforms, who has previously read and understands the contents of these Terms of Engagement.
In any case, in order to contract the services available on the Platforms, the User must be of legal age (≥ eighteen (18) years) and have full legal capacity.
When the User represents a legal entity, he/she accepts and declares that he/she has powers of representation and that the acts performed on the Platforms shall be attributable to the represented legal entity.
REGISTRATION FOR ACCESS TO CONTRACTING
The access password entered must be kept by the Users in a safe place. Once registered, the User may change his/her password using the "Forgot your password?" link.
In case you detect any misuse of your registration information (ID and password), please contact CRIPTAN immediately by e-mail.
USE OF THE PLATFORMS
www.criptan.com and the mobile application provide Users with access to a multitude of information, services, content, programs or data ("Content" and/or "Services") belonging to CRIPTAN or its licensors. The Platforms make it possible to buy, sell, hold, use or send cryptoassets. In addition, ETH 2.0 staking services will also be offered, as well as the possibility of making loans to CRIPTAN for obtaining returns that will be fixed at the time of contracting.
The User may register for free on the Platforms by filling in the corresponding questionnaires and forms with the required information, including name, address, e-mail address and the information required in compliance with the regulations on money laundering and terrorist financing. Once received, the User must confirm it by clicking on the link/button available in said email to verify his/her account. Once this action has been carried out, CRIPTAN will ask the User for a valid telephone number. Once the phone number is provided, the User will receive an SMS code to the registered phone number as a method of authentication. The User must choose a private and unique password for his/her account, being the User responsible for any loss, damage or improper use of his/her account if he/she discloses his/her password to third parties.
The User assumes responsibility for the use of the Platforms and the registration indicated in the previous section. In such registration, the User shall be responsible for providing truthful and lawful information. As a consequence of such registration, the User must provide a password, for which he/she will be responsible, committing him/herself to make diligent and confidential use of it. The User undertakes to make appropriate use of the Content and Services that CRIPTAN offers through the Platforms and, by way of example but not limited to, not to use them for (i) engaging in illicit or illegal activities or activities contrary to good faith and public order; (ii) disseminating content or propaganda of a racist, xenophobic nature, in support of terrorism or that violate human rights; (iii) disseminating content or propaganda of a racist, xenophobic nature, in support of terrorism or that violate human rights; (iii) cause damage to the physical and logical systems of CRIPTAN, the Platforms, its suppliers or third parties, introduce or disseminate computer viruses or any other physical or logical systems that are likely to cause the aforementioned damage; (iv) attempt to access and, where appropriate, use the email accounts of other Users and modify or manipulate their messages.
The acquisition of User status requires prior identification in accordance with the requirements established by Spanish Law 10/2010, of April 28, 2010, on the prevention of money laundering and the financing of terrorism (hereinafter referred to as LPBC).
The information requested may consist of, among others, the cell phone number and amount of the transaction, name and surname, user name and password, e-mail address, security code sent to the e-mail or security code required for double authentication, profession and date of birth, as well as other possible data or information required depending on the type of transaction selected by the user. The type of user will also determine the information to be requested depending on whether it is a natural or legal person, requiring information such as ID card, residence card, foreign identity card or passport, invoices, videoconference, deeds, shareholding structure, accreditation of business activity, etc., in application of the provisions of Law 10/2010, of 28 April, on the prevention of money laundering and terrorist financing and other applicable legislation if deemed appropriate.
Depending on the service and the economic thresholds of the operations to be performed by the user, different levels of information will be requested, in order to allow services with more functionalities and higher economic thresholds in the operations to be performed by the end user.
In view of the above, the User will not be able to access effectively none of the services offered by Criptan until it has completed the mentioned identification.
DISCLAIMER OF WARRANTIES AND LIABILITY
CRIPTAN reserves the right to interrupt access to and use of the Platforms at any time and without prior notice, whether for technical, security, control, maintenance, power failure or any other justified cause. Consequently, CRIPTAN does not guarantee the reliability, availability or continuity of the Platforms, of the Services or of the Content hosted therein, so that the use of the same by Users is carried out at their own risk, without CRIPTAN being liable in this regard at any time.
Furthermore, CRIPTAN assumes no liability whatsoever arising from, including but not limited to:
- The use that Users make of the materials available on the Platforms, whether prohibited or permitted, in violation of the intellectual and/or industrial property rights of the contents of the website itself or of third party portals.
- For possible damages to Users caused by normal or abnormal functioning of the search tools, the organization or location of the contents and/or access to the Services and, in general, for errors or problems generated in the development or instrumentation of the technical elements that make up the service.
- Of the contents of those pages to which Users may access from links included in the Platforms.
- The acts or omissions of third parties, regardless of whether these third parties may be contractually bound to CRIPTAN.
Similarly, CRIPTAN excludes any liability for damages of any kind that may be due to the presence of viruses or the presence of other harmful elements in the contents that may cause alterations in computer systems as well as in the documents or systems stored therein, so that CRIPTAN shall not be liable in any case when they occur:
- Errors or delays in the access to the services by the user when entering his/her data in the corresponding form or any anomaly that may arise when these incidents are due to problems in the Internet network, fortuitous events or force majeure and any other unforeseeable contingency beyond the good faith of CRIPTAN.
- Failures or incidents that may occur in communications, deletion or incomplete transmissions, so that the Platform Services are not guaranteed to be constantly operational.
- Errors or damages caused to the Platforms by a deficient use and/or bad faith of the Service or contents by the User.
- Non-operability or problems with the email address provided by the user to send the requested information, or with the mobile telephone networks or CRIPTAN's suppliers, regarding the reception of SMS messages.
In any case, CRIPTAN undertakes to solve any problems that may arise and to offer all necessary support to the User to reach a quick and satisfactory solution in the event of any incident.
With your consent, we send push notifications to your mobile device to provide information about cryptocurrency price changes, Service updates, promotional communications and other related messages. You can turn off push notifications by changing your notification settings through your mobile device.
The services offered through the Platforms are available internationally, with the exception of the following countries and territories: Afghanistan, China, Djibouti, Algeria, Egypt, Western Sahara, Eritrea, Ethiopia, Azerbaijan, Hong Kong, Israel, Iraq, Iran, Japan, Kenya, South Korea, North Korea, Mali, Niger, Russia, Myanmar, Saudi Arabia, Senegal, Taiwan, Yemen, Venezuela, Qatar, Morocco, Oman, Tunisia, Bangladesh, Cuba.
These Terms and Conditions are freely and freely available to all Users of the Platforms.
The access to the contracting process is completely free, without any additional associated cost apart from those derived from the availability of Internet connection by the User.
The services offered by CRIPTAN are described in the Platforms and in these Terms of Engagement, not including any issues that have not been expressly indicated.
CRIPTAN, as a provider of an information society service, shall file the electronic document formalizing this contract. Said electronic document will be accessible to the User through the link that will be provided by e-mail, from where it can be downloaded and printed and where the Terms of Engagement will be included.
CRIPTAN will introduce adequate and sufficient technical means to identify and correct technical errors in the management of information as soon as it is under its responsibility.
It is necessary for the User to provide his/her National Identity Document to verify his/her identity prior to contracting or carrying out any operation on the Platforms.
The language in which the contracting procedure shall be carried out and in which this contract is formalized shall be, unless otherwise indicated, English.
Services and contracting process
The User, upon registration, may contract, by accessing his/her account with the username and password established, the following services through the Platforms ("Services"):
Sale and Purchase of Cryptoassets:
The User shall have the possibility to acquire or sell crypto-assets. The acquisition and sale value of the crypto-assets may fluctuate from time to time. Such value will be reflected in DOLLARS. This transaction shall be subject to the acquisition or sale value of the cryptocurrency established at each moment on the Platforms.
In order to buy and sell cryptoassets, the User must select the "Buy" or "Sell" option on the Platforms for one of the available cryptoassets.
For the acquisition of cryptoassets, payment may be made by credit or debit card, with the cost to be borne by the bank, which may vary depending on the entity and the date of the transaction.
The User will then be able to see the record of the purchase in the history of the Platforms and will have the crypto-assets available on the Platforms.
For payment by card, the User will be redirected to an authorized payment service provider to make the payment. In the environment of the card payment provider, he/she will have to fill in a form with the requested information and carry out the appropriate verification procedures. Payment will be made in the currency predetermined by the bank, and the bank will be responsible for any additional exchange rate charges. Once the card charge has been made, the User will be able to see the record of the purchase in the history of the Platforms and will have at his disposal the cryptoassets in the Platforms.
In addition, the User will receive a confirmation email about the operation, which will consist of a summary of the same. This email will describe the characteristics of the Service contracted by the User, serving this document as accreditation for any type of claim. In case you do not receive such e-mail, please check your "junk mail" or "spam" folder and, if you do not find it in that section, please inform us, through the contact details included in the corresponding information section of these Terms of Engagement, as soon as possible so that we can solve the problem.
Digital Wallet Storage
The Platforms allow storing the purchased cryptoassets, or any other cryptocurrency in possession of the User, in a "digital wallet" free of charge.
The User may make use of the digital wallet function available on the Platforms to store the crypto-assets purchased, received or transformed for the period of time he/she deems appropriate. Once the option to store the cryptoassets in the digital wallet is confirmed, a confirmation screen will appear and the User will be notified via email of the transaction carried out along with the date, time and other relevant details, which can also be viewed within the Platform in its transaction history.
The ownership of the cryptoassets stored in the digital wallet corresponds to the User who holds the account, and in this sense may withdraw, send, sell, or operate with its cryptoassets.
Transfer (sending and receiving) of Cryptoassets
The User may send and receive cryptoassets from digital wallets and may receive or send cryptoassets to digital wallets external to CRIPTAN.
Once the operation of sending or receiving cryptoassets has been carried out, the User will see a confirmation screen and will receive an e-mail with the details of the transaction. Said e-mail will describe the characteristics of the Service contracted by the User, serving this document as accreditation for any type of claim. In case of not receiving this e-mail, the User should check his "junk mail" or "spam" folder and, if not found in that section, please inform us, through the contact details included in the corresponding information section of this document, as soon as possible so that we can solve the problem.
Also, the transaction can be viewed in the transaction history within the Platforms, where the date and time of purchase and the details of the transaction will be displayed.
In the case of receiving such cryptoassets, the User must have registered and therefore have an account.
Staking ETH 2.0
The Terms and Conditions of this service are available at this link link, which also explains in detail what this activity consists of.
CRIPTAN establishes the possibility for Users to make loans to the Platform in order to obtain profitability from their assets based on the interest agreed between both parties. In this way, the User acquires the status of lender while CRIPTAN would acquire the position of borrower, being bound - by virtue of art.1753 of the Spanish Civil Code- to the repayment of the amount lent plus the previously agreed interest.
Gift of Cryptoassets to third parties
CRIPTAN has established the possibility for Users to give cryptoassets to third parties. For this purpose, Users may select such Service within the Platforms and proceed to the gift of such cryptoassets to already registered Users and external Users.
In case of external Users who are going to receive the gift, they will receive an email with a QR that must be used to access the Platforms and proceed to register in them for the definitive receipt of the cryptoassets given in the CRIPTAN digital wallet.
The current price of the Services offered by CRIPTAN will be the one indicated at any given time through the section " Comisiones y precios The prices of the Services offered by CRIPTAN will be indicated at each moment through the section " " in the Platforms next to their description, being these of public access and being able to visualize them at any moment.
The prices of bitcoins and other cryptoassets offered on the Platforms are represented in DOLLARS ($), as a representation of the USDC stablecoin. The purchase and sale of virtual currencies is not subject to VAT, however, the tax obligations that the transactions ordered may generate are the sole responsibility of the User.
Our card payment system is denominated in EUROS. If the User's credit/debit card is not denominated in EUROS, the exchange rate will be applied by the User's bank according to the exchange rate established at its sole discretion, CRIPTAN not being responsible.
In any case, all these amounts will be shown to the User in an itemized form during the contracting process.
Credit and invoicing
Once the User has contracted the Services and paid the corresponding payment through the payment methods made available to Users by CRIPTAN, an e-mail will be sent to the User containing all the information related to the contracted Services.
In any case, the payment of economic amounts by means of debit or credit cards will be made through the Platforms by a duly authorized external financial entity, which in any case will be hosted on a platform under SSL secure protocol.
In any case, the acquisition of the cryptoassets will only be effective when CRIPTAN receives confirmation of payment from the payment services entity. If the transaction is for any reason denied by such entity, or if the full amount corresponding to the amount of the contracted Services (including surcharges for management costs and bank transfer fees) is not provided, the contracted Service will be suspended or cancelled, informing the User that the acquisition has not been concluded.
The acquisition or sale of cryptoassets through the Platforms are subject to the price marked for each of them. Said price includes, if applicable, the corresponding expenses and commissions, and is constantly updated, without prejudice to the expenses and commissions applicable by third parties other than CRIPTAN, as detailed in these Terms of Engagement. However, we inform you that it is not possible to guarantee the purchase or sale of digital currencies at a specific price or at a specific time.
The exchange rate applied by CRIPTAN in the exchange of cryptoassets will always appear in the step prior to the completion of the purchase. This exchange rate is different from the one that your bank may apply when performing a transaction in a foreign currency to the Dollar, for which CRIPTAN is not responsible.
COMMISSIONS APPLICABLE TO THE CONTRACTING OF SERVICES
CRIPTAN charges approximately 0.5% in expenses and commissions on the market price of each purchase or sale of cryptoassets. Said commissions or expenses are concepts already included in the final price displayed by the User on the Platforms. This fee may be modified by CRIPTAN at any time at its sole discretion, being directly modified in the acquisition or sale price of the cryptoassets available. When CRIPTAN modifies the established prices, it will not affect previously processed acquisitions or sales. In any case, CRIPTAN will notify through the notification system of the App the eventual modifications on expenses and commissions, which will be reflected in the acquisition or sale price of the cryptoassets.
Certain Services offered on the Platforms may be subject to commissions unrelated to CRIPTAN, such as fees or commissions for the use of certain means of payment or for any other reason or motive established by the banking entities of the Users themselves.
The payment methods available on the Platforms for the acquisition of cryptoassets (i) money transfers through banking entities or use of credit or debit card.
In any case, CRIPTAN will use an entity, with the due administrative authorization, that enables a secure channel with encryption of the payment data. CRIPTAN will not keep in its files the information concerning the data of the cards used.
Likewise, the Services contracted by credit or debit card imply the payment of an additional fee that corresponds to the charges of payment service entities. Such additional fee will of 1.15%.
“Card tokenization allows the User to save a payment method on the Criptan Platform in the purchase process. In this way, the User will not need to re-enter the transactional data when making future purchases.
To tokenize a card, it is necessary that the User has saved its data with current, complete and accurate information. The user does so when making a payment with any of the cards accepted by the platform.
To save the information on your card, the User must accept the Conditions and the applicable Privacy and Cookies Policy. By accepting the Conditions to tokenize a card, the User allows the purchases made through this function to be charged to the associated card.
Criptan does not capture or store bank card data, since it has a payment service provider (hereinafter, "PAYNOPAIN") that complies with PCI DSS regulations to capture and store said data in compliance with all current security regulations. .”
CONFIRMATION OF SERVICES
Requests for Services made by Users are subject to (i) acceptance by CRIPTAN, (ii) Users' compliance with and acceptance of these Terms of Engagement and (iii) market availability.
CRIPTAN reserves the right not to accept the transaction in case (i) the User's payment information is not approved, (ii) any other type of incident related to the Terms of Engagement of the Platforms is detected or (iii) the User's account has been classified with a high risk in terms of Money Laundering.
When Users contract a Service through the Platforms, CRIPTAN may send them a confirmation email containing details of the transaction. Upon receipt of such email, the User must verify that the details of such confirmation email are correct as soon as possible and keep a copy for his/her records.
ERRORS AND CANCELLATIONS
In the event of an error, CRIPTAN reserves the right to correct the error and revise the Services provided accordingly. In such revisions, CRIPTAN may proceed to charge the correct price or cancel the transaction and refund any amount charged.
CRIPTAN may cancel the transaction in the event of insufficient funds. In this case, it is the User who is responsible for having sufficient funds to carry out the transaction and assumes the possible additional costs that his bank or payment provider may apply in case of insufficient funds.
NO RIGHT OF WITHDRAWAL
Transactions, acquisitions or sales made on the Platforms do not enjoy the right of withdrawal since the price of cryptoassets depends on market fluctuations, a situation that CRIPTAN cannot control during the withdrawal period.
CRIPTAN as 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 contact methods made available to the User are as follows:
- E-mail: firstname.lastname@example.org
CRIPTAN shall 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 operation carried out, or to try to rectify an operation 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.
MODIFICATION OF THE TERMS OF ENGAGEMENT
CRIPTAN may revise and modify these Terms of Engagement at any time.
In this regard, CRIPTAN may modify these Terms of Engagement at any time, being the applicable version at any time the one published on the Platforms. In the event of a substantial modification of the Terms of Engagement, CRIPTAN undertakes to inform Users of such changes. Users also undertake to periodically consult these Terms of Engagement to be aware of the conditions applicable at any given time.
PROTECTION OF PERSONAL DATA
Likewise, CRIPTAN informs USERS that the acquisition or sale of bitcoins and other cryptoassets can be recorded in a Blockchain or public blockchain. Public blockchains operate like ledgers, intended to immutably record transactions on computer system networks. 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.
The Users undertake to comply with their legal and contractual obligations generated by virtue of these Terms of Engagement. If the User fails to comply with any of its obligations or hinders the other party's compliance with its obligations, the other party shall be entitled to claim compensation for damages caused, both for consequential damages and loss of profit.
Users shall be liable for any breaches personally incurred by them, and the other party shall be indemnified against any error, fault or negligence not attributable to it, and against any damage arising from such breaches or errors attributable to the other contracting party.
CRIPTAN shall use all commercially and technically available efforts to keep the Services offered through the Platforms available.
CRIPTAN shall not be liable for any failure or delay in the performance of any of the obligations assumed, when the same is due to events beyond the reasonable control of CRIPTAN ("Force Majeure Cause"). Force Majeure Causes shall include any act, event, failure to exercise, omission or accident beyond the reasonable control of CRIPTAN and among others, by way of example, the following:
- Strikes, lockouts or other industrial action;
- Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) Threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster;
- Impossibility of using trains, ships, airplanes, motor transport or other means of transportation, public or private:
- Inability to use public or private telecommunications systems;
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
It shall be understood that the obligations shall be suspended during the period in which the Cause of Force Majeure continues, and CRIPTAN shall have an extension in the term to fulfill such obligations for a period of time equal to the duration of the Cause of Force Majeure. CRIPTAN shall use all reasonable means to bring the Force Majeure Cause to an end or to find a solution that allows the obligations to be fulfilled despite the Force Majeure Cause.
These Terms of Engagement and any document expressly referred to herein constitute the entire agreement existing between the User and CRIPTAN in relation to the subject matter hereof and supersede any other prior covenant, agreement or promise agreed between the Users and CRIPTAN verbally or in writing.
The User and CRIPTAN acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two parties prior to the contract, except for what is expressly mentioned in these Terms and Conditions.
Neither the User nor CRIPTAN has any remedy for any misrepresentation made by the other party, oral or written, prior to the date of a contract (unless such misrepresentation was made fraudulently) and the only remedy available to the other party is for breach of contract in accordance with the provisions of these Terms.
If any of these Terms of Engagement are declared null and void by a final decision issued by a competent authority, the remaining terms and conditions shall remain in force, without being affected by such declaration of nullity.
All clauses or terms of these Terms of Engagement must be interpreted independently and autonomously, not being affected the rest of the stipulations in the event that one of them has been declared null and void by a court judgment, final arbitration resolution or administrative decision or act. The affected clause or clauses shall be replaced by another or others that preserve the effects pursued by the Terms of Engagament
JURISDICTION AND APPLICABLE LAW
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 controversy, both parties agree to submit to the jurisdiction of the Courts and Tribunals of the Consumer'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 would like to remind customers that, in the event that they wish to file a complaint due to any incident in the contractual relationship, they can file the appropriate complaint by filling out the following form: http://ec.europa.eu/consumers/odr/