TABLE OF CONTENT
GENERAL TERMS AND CONDITIONS
These General Terms and Conditions as may be updated from time to time (the “GTC”), together with the general terms and conditions of the Companies’ Partners, govern the terms upon which the Companies (as defined below) shall supply you (the “User”) with the Services (as defined below).
Please read these GTC carefully before you use the Services. These GTC tell you who we are, how we will provide the Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
These GTC are concluded between, firstly:
duly represented for the purposes hereof by their legal representatives, and, secondly, a natural or legal person who (i) visits or uses the Companies’ website accessible at the url https://www.akt.io/ (the "Site") and/or the mobile application (the “Mobile Application”) and, together with the Site, the “Platform”), in both cases published by the Companies and/or (ii) uses the Services that are offered therein, such as those defined in the article entitled "Definitions" of these GTC.
For more information on the Companies, publisher of the Site, the User is invited to consult the Site’s legal notice.
Users should carefully consider whether their personal situation and the financial risks they are willing to take by using the Companies’ Services such as defined in the article "Description of the Services". Users may want to speak to an independent financial or legal adviser.
The Companies and the User are hereafter individually referred to as a "Party" and referred to jointly as the "Parties”.
In addition to the terms defined elsewhere in these GTC, capitalized terms will have the meanings indicated below, whether in the singular or plural.
The Companies have developed the Platform through which the Companies present the Services that they offer and notably to make available to Users, via this interface, the Site and/or the Mobile Application open to the general public allowing its Users to deposit and withdraw Fiat currencies, make Transactions, as well as to acquire, deposit and exchange Digital Assets and AKTIO Coins, all within the single Platform.
The Platform is also intended to provide Users with information in order to discover the activity of the Companies, its news (events, publications, etc.) and tutorials to guide them in their use of the Platform. It also proposes features and/or information that enable the Users to contact the Companies. The Platform also provide from time-to-time access to educational information and resources which are for general information only and not intended to be financial advice.
These GTC define the Platform access conditions, as well as the conditions of its use and of the online content offered therein, as well as of its features. These GTC also govern the delivery of Services to the User in return for the User's compliance with the obligations and guarantees stipulated in these GTC.
It is specified that these GTC are the only contractual documents enforceable against the Companies, thereby excluding any other document (prospectus, summary information document, video supports, presentation of Services, information on Digital Assets, etc.) that are only for information and non-contractual purposes, and to the exclusion of all other possible conditions of service, sale or purchase of the User that can in no way be enforceable against the Companies.
Users should also carefully read the general terms and conditions of the Companies Partners, which (i) apply to the services provided by each Partner in connection with the use of the Platform and (ii) are made available on the User Account to the extent possible. If Users want to have access to the most recent version of the general terms and conditions of the Companies Partners, the Companies recommend consulting the Companies Partners’ websites on a regular basis.
Any User accessing the Platform is required to read these GTC, that can be accessed and downloaded via the "General Terms and Conditions" section on all pages of the Platform and must respect the terms thereof.
The GTC and the content of these sections can also be communicated by the Companies by e-mail upon request by the User to firstname.lastname@example.org.
These GTC are formally accepted by the User when (i) accessing the Platform and (ii) creating her/his User Account.
The Companies reserve the right to adapt or modify these GTC at any time, without notice. Any new version posted online will prevail over any previous version, notably printed or saved in digital or paper format by the User. The User is therefore invited to review and read these GTC on a regular basis. The applicable version of the GTC is the one accessible online while the User is visiting and using the Platform.
The Companies reserve the right to make any changes to these GTC, at their sole discretion. Your continued use of the Site after any such changes, with or without having explicitly accepted the new GTC, shall constitute your consent to such changes.
If you do not agree to such changes, you have no right to obtain information, use the Services, or access to the Site and must immediately cease use of it.
Users declare and acknowledge to remain responsible for verifying regularly these GTC in their current and in effect version from time to time, an up-to-date version of which may be retrieved at any time on the Site.
The User who does not wish to accept the new GTC can repudiate them and delete her/his User Account, under the conditions indicated below.
The User declares and acknowledges that s/he is of legal age (i.e., at least 18 years old) and has full legal capacity to enter into commitments under these GTC.
These GTC are concluded for an indefinite period.
The User acknowledges her/his awareness of the nature, purpose and characteristics of the Platform and Services, as well as of the prerequisites for their use, notably the conditions relating to the creation of a User Account. S/he acknowledges having requested and obtained all necessary information, notably with regard to the quantitative and qualitative characteristics of the Services, enabling her/him to assess the suitability of the Services for her/his needs and to enter into the GTC with full knowledge of the facts. The User is solely responsible for the choice to use the Platform and the Services, as well as to perform Transactions, so that the responsibility of the Companies cannot be pursued in any way in this respect.
The home page (https://www.akt.io/) and certain pages of the Platform can be accessed by all Users. These pages are intended to provide Users with information about the activities of the Companies, their news (events, publications, etc.) and tutorials intended to guide them in their use of the Platform and the Services. The Platform also proposes features and/or information that enable Users to contact the Companies.
However, certain pages of the Platform and certain Services are only accessible to Users who have previously created a User Account.
The benefit and use of the Services described below require the creation of a User Account by the User, notably in accordance with the provisions of the article "Creation of a User Account" of these GTC.
When accessing the Platform and after having created a User Account in accordance with the provisions of the article "Creation of a User Account", the User shall have access to the said User Account.
The User engages the Companies to provide the Platform, his/her User Account and the User Wallets and to execute orders placed through the Platform for buying and selling Digital Assets or AKTIO Coins.
The acceptance of orders is solely on an execution-only basis. Orders are only accepted if placed on or through the Platform. The Companies is under no obligation to execute orders placed by other means (telephone, email or other electronic communication).
By clicking on “Buy” or “Sell”, Users are giving an order to the Companies to use any of the Digital Assets, AKTIO Coins and/or Fiat Currencies custodied within the User Wallet and/or Master Wallet and/or held in the Customer IBAN Account and/or Automata IBAN account in order to carry out the Transactions by virtue of these GTC.
Any Transactions ordered by Users are executed against one of the Companies (depending on the location of the Users) so that when:
Although, the Companies are the only counterparties to Transactions ordered by Users, the Price to which Transactions are executed is provided by the Exchange Platforms. In this respect, the Companies shall not be responsible for any misrepresentation of market Prices which is made by the Exchange Platforms.
On the Platform, the User may request and proceed to the following Transactions:
These GTC grant permission for the Companies to access, making Transactions and operate the User Account of the Users on the Users’ behalf.
The User can choose to Stake an amount of AKTIO Coins he/she owns, for a Selected Staking Period. The amount of Staked AKTIO Coins is not subject to a maximum limit. However, the User must Stake a minimum to become eligible for the Staking program.
Users Staking their AKTIO Coins within the parameters required at any given time (as decided by the Companies in their sole and absolute discretion) and, as displayed in the relevant section of the Mobile Application and/or the Site, shall thereby receive daily interest, added to his/her Staking amount.
The User understand and agree that “unstaking” is prohibited. Users understand and agree that the Staked AKTIO Coins (including interests generated from the Staking) must remain in the User Wallet and are locked for a Selected Staking Period. Therefore, you understand and agree that you will not be able to place orders or withdraw them during the Selected Staking Period.
The Companies will not send the Staked AKTIO Coins to any other address controlled by the Companies or any related entity. The Companies do not have the right to use the Staked AKTIO Coins for their own purposes.
Users understand and agree that while the Staked AKTIO Coins are locked in the User Wallet, Users will not be able to place orders using the Staked AKTIO Coins. As Users choose to Stake, the Companies is not liable towards you for any loss incurred or unrealised gains resulting from the operational unavailability of the Staked AKTIO Coins.
Mimo offers a DeFi protocol enabling the deposit of Digital Assets into a vault to mint a Euro stablecoin called "PAR". In the Mimo protocol Digital Assets in the vault are locked. The PAR issued upon deposit of Digital Assets generate yield.
The DeFi Vaults Services consist in the provision, by the Companies and through Mimo’s DeFi Protocol, of a service allowing Users to participate in a simplified manner to the Mimo DeFi Protocol in order to generate yield (“Yield”), and subject to the payment of a percentage service fee, which percentage is variable depending on the amount of the transaction and displayed on the Mobile Application to Users ("DeFi Vaults Services").
The User gives a mandate to the Companies to perform, in his name and on his behalf, one or several exchange of Fiat against Digital Assets and deposit the resulting Digital Assets into Mimo DeFi protocol.
In this context, the User is informed and acknowledges that the role of the Companies consists in :
The User is informed and acknowledges that by the present GTC he gives a mandate to the Companies to act in his/her name and for his/her account in order to transfer the Digital Assets belonging to him/her in order to put them at the disposal of the different DeFi protocols and intermediaries that the User will have selected on the basis of the market information which are communicated to him/her for information purposes only by the Companies or any other third party.
Transactions relating to DeFi Vaults Services involve risks which are a function of the very nature of the Digital Assets concerned as well as the Smart Contract concerned.
These DeFi risks are notably linked to:
In any case, the attention is drawn to the fact that the DeFi Services are likely to involve a risk of loss (partial or total) of the Digital Assets or Fiat transferred on instruction of the Users. The responsibility of the Companies is limited to the good execution of the transfer instructions within the framework of the service of reception-transmission of orders on Digital Assets.
The User may withdraw Fiat and/or Digital Assets in the context of the present DeFi Vaults Services. However, for internal et technical reasons, the User is informed and expressly acknowledges that by the present GTC he/she may not be able to immediately withdraw Fiat and/or Digital Assets, to the extent that such withdrawal would imply a minimum amount of 5.000 euros, which may require reasonable processing time by the Companies.
General information of non-contractual or pre-contractual nature may be communicated by the Companies in the form of an e-mail or a notification published on the Platform.
This information does not replace in any way the due diligence that the User has to carry out.
On the Mobile Application, the User may use the multi–Digital Assets purchase and hold service (“Multi-Digital Assets Service”), which allows the User to purchase and hold Digital Assets over time according to a pre-determined allocation proposed by the Companies (“Allocation”).
The User shall have access on the dedicated tab on the Mobile Application to the floor amount required by the Companies to use the Multi-Digital Assets Service.
By clicking on “Deposit” or “Withdraw” on the dedicated tab, Users are giving orders to the Companies to:
Such Allocation - which is standard and applies to all Users using this Service - may be adjusted by the Companies from time to time at the Companies’ sole discretion. Automatic rebalancing may be implemented by the Companies to maintain the target Allocation, according to the rebalancing frequency selected by the User (ie. daily, weekly, monthly, quarterly, etc.).
The Fees applicable to the Multi-Digital Assets Service are available on the Platform via the following section: https://akt.io/memberships/.
As part of this Service, the Companies shall use reasonable efforts to complete the Transactions requested by the User within a reasonable time. Under no circumstances may these Transactions be carried out instantaneously.
When the User chooses to use this Service by clicking on the "Deposit" button, a waiting message for the deposit will be displayed on the Mobile Application screen.
Once the Transactions have been completed, the target allocation will have been achieved and the effective allocation shall be visible on the Mobile Application screen.
A track record of all Transactions (deposits and withdrawals) carried out under the Multi-Digital Assets Service is available to the User on a dedicated section.
The withdrawal in Digital Assets, AKTIO Coins and/or Fiat Currencies by the User from the Multi-Digital Assets Service may be made through the “Withdraw” button. For technical reasons, the User is informed and expressly acknowledges that by the present GTC he/she may not be able to immediately withdraw all assets from the Multi-Digital Assets Service simultaneously. Depending on the amount of the deposit, the User will be able to check on the Mobile Application the amount that may be withdrawn. The User's withdrawal capacity shall be updated according to the Transactions/withdrawals carried out.
In any case, the attention is drawn to the fact that the Multi-Digital Assets Service is likely to involve a risk of loss (partial or total) of the Digital Assets or Fiat transferred on instruction of the Users.
The responsibility of the Companies is limited to the good execution of the transfer instructions within the framework of the service of reception-transmission of orders on Digital Assets.
The Companies shall not be deemed bound by an obligation of result as to the performance of the Allocation under the Multi-Digital Assets Service and may under no circumstances be held liable for any losses incurred due to the selection or update of the Digital Assets by the Companies within the framework of the Allocation.
If a User pre-orders, orders, reorders and signs up to use the digital asset-backed and fiat debit card service (“PaymentCard”) the following terms will apply and the User expressly agrees to the terms and conditions provided in these GTC.
In order to provide the PaymentCard Service to you, we have partnered with Modulr and Visa.
Modulr offer their customers account creation and maintenance services and related payment services in the European Union (https://www.modulrfinance.com/).
Modulr is the issuer of the PaymentCard and is a member of the Visa card schemes ("Visa"), which allows your PaymentCard to operate as a regular Visa debit card.
AUTOMATA IR (in its capacity as distributor in the European Union) allows Users to open a bank account (dedicated IBAN) directly with Modulr and to deposit or withdraw Fiat currency and to make payments to or from this bank account, by transfer or by PaymentCard.
Before PaymentCards services become fully available or if PaymentCards are temporarily out of stock, Users may place a pre-order with the Companies to receive PaymentCards.
The User is informed that the pre-order of a PaymentCard does not result in immediately receiving the PaymentCard.
The User will be informed by the Companies when the PaymentCards services will be available and the timing on which his/her PaymentCard will be delivered.
Categories and details on each PaymentCards are available via the following section: https://akt.io/memberships/
PaymentCards Fees are available on the Platform via the following section: https://akt.io/memberships/.
When PaymentCards services have become fully available, Users may place an order with the Companies to select, order, receive and use one of the PaymentCards offered on the Platform.
The User is informed that the order of a PaymentCard implies a period of time for the processing of the order and customization of the PaymentCard and a period of time for the delivery before the User can receive and use the PaymentCard.
Categories and details on each PaymentCards are available via the following section: https://akt.io/memberships/
Users can order a PaymentCard only on their legal name as registered with their personal space. Therefore, Users need to make sure their name registered with the Platform is spelled correctly. Users acknowledge and accept that they are only allowed to order and have up to three (3) active Physical PaymentCards and five (5) Virtual PaymentCards per personal space, at the same time, regardless of the User's Membership.
PaymentCards Fees are available on the Platform via the following section: https://akt.io/memberships/.
Users acknowledge and accept that delivery fees may be charged in addition to the order of a PaymentCard. Such delivery fees are expressly mentioned while the User selects and orders a PaymentCard.
To be able to sign up and use the PaymentCard, User must (i) have a fully verified personal space and (ii) be a resident in the Euro Area.
The activation of the PaymentCard and the assignment of a security code (PIN code) may be carried out on the Platform.
Users can only use their PaymentCard at places where Visa credit and debit card payments are accepted.
Users need to make sure to always have sufficient funding as Transactions can only be completed successfully if they have enough funds.
Any payments and Transactions made via the User’s PaymentCard will be facilitated in EUR.
Users acknowledge and accept that certain limits (such as but not limited to spending limits, ATM withdrawal limits, the number of Transactions Users may perform within a specific time frame) may be applied.
PaymentCards are subject to the spending and withdrawal limits available via the following section: https://support.akt.io/hc/en-gb.
Once the €250,000 limit is reached, the PaymentCard can no longer be used.
These limits are default limits. If no information is entered when setting up the PaymentCard, these figures will be entered by default. These limits can only be decreased when setting up the PaymentCard and may not be extended.
Furthermore, Users acknowledge that such limits may change and/or be amended at any time at the Companies’ sole discretion.
Once a Transaction has been completed successfully, there will be an entry in your personal space history, showing all Transactions conducted using your PaymentCard. The Companies will strive to ensure that the Transactions shown in the personal space history and dashboard are current and accurate at all times. However, due to technical or other issues, discrepancies between the Transactions shown and the actual Transaction might occur. Users hereby acknowledge and accept that the Companies will not be liable for any direct or indirect losses resulting out of any discrepancies between your personal space history and the actual Transaction.
If a Transaction fails, the User may receive a notification with instructions on how to proceed. Most payments may fail due to insufficient funds. Users must make sure they have enough funds in the chosen payment asset to cover the payment amount. Users acknowledge and accept that the Companies will not be liable for any direct or indirect losses resulting out of any failed Transaction for any reason.
It is attempted to keep your PaymentCard as safe as possible. Your PaymentCard should be used carefully and the necessary safety measures and precautions shall be applied.
You must never share your PaymentCard number, CVV, PIN, SMS codes (if applicable) or your secret security question & answer (if applicable) with anyone else.
The Companies staff members will never ask for your CVV, PIN, SMS code (neither via phone nor via e-mail nor otherwise) or your secret security question & answer (if applicable). Only you are responsible for keeping your PaymentCard and the credentials of your PaymentCard safe and confidential.
If the PaymentCard is lost or stolen or if the User discovers misuse with the PaymentCard, they must report this immediately on the Companies.
Non-careful actions of the User include but are not limited to:
If a User loses his/her PaymentCard, or if a PaymentCard was stolen the Companies highly recommends to instantly block the PaymentCard on the Platform relevant tab.
If you lose your PaymentCard or it is stolen, or you suspect that someone else has found out your PIN or security information or accessed your User Account without your permission, you must tell us without undue delay by calling us or logging onto your User Account through the Mobile Application and notifying us.
Your PaymentCard will be cancelled immediately and your User Account may be blocked temporarily.
If, after reporting a lost PaymentCard, you subsequently find the PaymentCard you must not use it. Cut it in half through the signature box, magnetic strip and chip.
If you ask us to do so, and provided that you provide information and assistance that we request from you, we will investigate any disputed transaction or misuse of your PaymentCard or User account.
If the investigations show that any disputed transaction was authorised by you, or you have acted fraudulently or with gross negligence (for example, by failing to keep your PaymentCard, security information or PIN secure or by failing to notify us without delay on becoming aware of the loss, theft, misappropriation or unauthorised use of the PaymentCard or User Account), then we will not refund the Transaction amount and you will be fully liable for all losses incurred because of the unauthorised use of the PaymentCard or User Account.
If the investigations show that you have not acted fraudulently or with gross negligence, your maximum loss or liability to us for any unauthorised transaction will be subject to applicable legislation and we will process a refund as soon as possible.
Replacements for stolen or lost PaymentCard may be charged with a service fee from the Companies. If you received a replacement for your PaymentCard, Users must destroy and must not use their old PaymentCard.
If we incorrectly deduct funds from your User Account, we will refund them. If we subsequently establish that the refunded amount had in fact been correctly deducted, we may deduct it from your available balance and may charge you a fee.
If unauthorised Transactions occur after you have notified us of the loss, theft, compromise or unauthorised use of your PaymentCard or User Account, and you have not acted fraudulently or in breach of these GTC, then we would be liable.
We will not be liable:
The Companies may suspend or cease to offer the PaymentCard Services to Users of the Platform at any time, subject to notification of the conditions of termination and the period within which such services shall cease.
The Companies will be able to widen its range of Services by releasing new services on the Platform, whether these services are accessible to any User or only by the means of the User's User Account. These new services are deemed to be an integral part of the Services as defined in the article "Definitions" of these GTC and will be governed by these GTC. Unless otherwise indicated, the new Services may be used by the User as soon as they are effectively available on the Platform, subject, where necessary, to the prior creation by the User of a User Account.
The Companies may, at any time and without notice, develop, improve or adapt the Platform and the Services, and more generally the services offered, in view of an improvement for example of the features offered on the Platform or within the framework of the Services. This may include the roll-out of update(s), new version(s), new services or other services, or the removal of existing Services.
In case of definitive discontinuation of an existing Service, the Companies will take reasonable endeavours to notify the Users of this change with reasonable notice, and to provide them with alternative solutions (e.g.: alternative transactions, transfers to a third-party service, etc.). In case of definitive discontinuation of all Services, the Companies will proceed with the termination hereof according to the conditions and provisions indicated in the article “Repudiation - termination".
Moreover, the Companies may at any time and without notice complete or modify the Platform, its content and the Services available through it, according to the evolution of technologies. As relevant, the User must ensure that his/her computer/phone resources are suitable for the changes of the Platform and the Services.
The Companies offer technical support to the User in order to provide information or assistance to the User relative to the technical aspects and the features of the Platform and the Services.
The User remains solely responsible and liable for her/his choices and notably for the choice to use the Services. The technical support notably does not handle inquiries about the suitability of using the Services and does not provide financial or strategic advice of any kind.
This support is accessible by chatbot on the Platform, 7 days a week and 24 hours a day (telephone assistance is only available from Monday to Friday from 9:00 am to 5:00 pm UTC and closed on Sunday). The Companies will make every effort to answer the User’s request as soon as possible and appropriately. However, the Companies make no commitment regarding any response time, nor to the relevance or exhaustiveness of the content of the answer, nor to the fact that the supplied answer will serve to effectively resolve the User’s request or provide a solution.
Furthermore, the Companies do not provide any advice regarding the use of the Services and more broadly the performance of Transactions/operations involving Digital Assets. No information provided by the Companies should be construed as investment advice, financial advice, strategic advice, business advice, or any other type of advice.
Unless indicated otherwise in these GTC, the Transactions are performed only on the basis of the instructions communicated by the User, without the Companies ever verifying the relevance, interest or quality thereof. Thus, as a reminder, the User is solely responsible for determining whether an investment, an investment strategy or the execution of a Transaction is appropriate according to his/her personal investment objectives, financial situation and risk tolerance, and the User will be solely liable for any resulting partial or total loss or damage, harm or liability. The User is invited to consult professionals specialising in financial, legal or tax advice before performing a Transaction involving Digital Assets.
The Companies may allow some Users to benefit from the Ambassador status under which he/she may benefit from certain advantages (https://akt.io/memberships/).
The Ambassador status automatically applies to:
The Ambassador may benefit from advantages on the Vaults Services, trading fees, Staking, new Users sponsoring rewarding, sharing revenue system with sponsor’s referral.
Users may find more information on the Ambassador status on the Platform: https://akt.io/memberships/.
The User declares and acknowledges having the technical competence to use the Platform and the Services and acknowledges having verified that her/his phone configuration for this purpose is in perfect working order. The User is solely responsible for the proper functioning of her/his phone equipment and her/his Internet access.
All costs related to accessing the Platform and Services, whether hardware, software or internet access costs, are exclusively the responsibility of the User and shall be borne by him/her.
The User undertakes to use the features of the Platform, the Services and all of the possibly available content only for purposes that comply with the applicable regulations, and notably with public order, good morals and the rights of third parties. The Companies cannot be held liable for the User’s use of the Platform and Services, notably in case of a breach of the provisions applicable to the aforementioned User.
The User further recognises that s/he is responsible for using the Platform and Services in good faith and not to damage the brand image, reputation or renown of the Companies or its Partners in any way whatsoever.
The contents (such as information, elements, documents, etc., in any form whatsoever, notably texts, figures, images, etc.) provided and/or distributed on the Platform are provided for information purposes only. Indeed, in spite of the care brought to the Platform’s preparation and update, the contents appearing therein are supplied “as they are", as generic information and the Companies in no way guarantee the accuracy, opportunity, relevance, timeliness or exhaustiveness thereof, nor their adequacy relative to the needs of the User.
Therefore, the Platform’s contents should not be considered as authoritative, nor as a substitute for the User's personal judgement, and should not constitute the sole basis for any decision by the User.
If the User notices the presence of inaccurate content or content likely to infringe the rights of a third party or to violate a regulatory or legislative provision, s/he is invited to report it by e-mail to email@example.com.
The Users cannot establish a link (including redirections) towards the Platform without the express and prior authorisation of the Companies. Such a request must be sent by e-mail firstname.lastname@example.org. In no case will this authorisation be considered as an implicit affiliation agreement. In any case, the links referring to the Platform will have to be withdrawn at the first request of the Companies.
The Companies reserve the possibility to place links on its Platform giving access to sites, web pages or applications other than those of the Platform, as well as to redirect the User towards other sites, web pages or applications. The Users are formally informed that the sites, web pages or applications accessible by them via these links do not belong to the Companies, which also reserves the right to delete the aforesaid links proposed by its Platform towards an application or a third site if the latter notably became contrary to the regulations in force or to its values. The Companies shall not be liable for any access by the Users via the links set up on the Platform and leading to third party sites or other resources present on the Internet, nor for the contents of the information supplied by these third-party sites or other resources subsequent to the activation of the aforesaid links.
The Companies endeavour to provide a quality service and to enable the User to use the Platform and the Services under the best possible conditions. As such, the Platform and Services are in principle available 7 days a week, 24 hours a day. However, the Companies have no obligation of result in this regard but only an obligation of means, and does not guarantee the availability, optimal operation or speed of the Platform nor of the Services, nor their permanent and continuous accessibility.
The User is informed and accepts that access to the Platform and/or Services may be delayed, altered, prevented or interrupted, notably due to (without limitation):
Furthermore, the Companies reserve the right to close access to all or part of the Platform and/or to suspend the execution or supply of all or part of the Services in case of the occurrence of one of the above circumstances or in case of endangerment of or threats to its human resources (e.g. members of its staff) or on its technical resources of any kind.
For the programmed maintenance operations, the Companies will make every effort to provide the User with advance notice. However, the Platform may, without prior notice or compensation, be temporarily closed, and access to the Platform or Services or the features of the Platform or Services may be limited, notably to perform technical or operational interventions or other types of interventions necessary for their proper functioning (e.g. testing, maintenance, control, resolution of possible breakdowns, operational modifications or changes, upgrades, etc.), for an update, for the roll out of a new version or for any other operation deemed necessary by the Companies or its Partners, which the User accepts.
The Companies shall not be liable for any failure or interruption of the Platform and/or the Services due to one of the cases indicated in this article "Availability of the Platform and the Services".
The User must be equipped with the appropriate telecommunications means needed to access the Platform, her/his User Account and the Services. The User guarantees that her/his hardware and software used to access the Platform, her/his User Account and the Services, and their use, are in good working order.
The User also undertakes to employ appropriate measures to ensure the security of her/his own equipment and/or data and/or content and/or software from contamination by any viruses, malicious codes or any other harmful technologies or software infections, and to ensure that s/he does not introduce such viruses into the Platform.
The User undertakes not to undermine the proper operation of the Platform or Services and not to commit any act that could jeopardize the computer/phone security of the Platform or the computer/phone system of other users of the Platform (whether Users or not), of the Companies or of a Partner of the latter. Notably, the User undertakes not to use devices or software of any kind that would disrupt, interfere with or interrupt the normal operation of the Platform or Services, or that would impose a disproportionate burden (in terms of hosting volume, bandwidth, etc.) on the Platform.
The User also undertakes not to extract, for commercial purposes or not formally authorised purposes, all or part of the information or data present on the Platform, as well as not to use a robot, notably a crawler or spider, a software program, an automated system, a script, a program, a search application or a website retrieval application, or any other means allowing to extract or index all or part of the content of these applications. As such, the practices of crawling, scraping or screen scraping are formally prohibited.
The content of the Platform must not be downloaded, collected, copied, altered, modified, deleted, distributed, transmitted, broadcast, rented, sold, conceded, exploited, in whole or in part and in any manner whatsoever, without the express, prior and written consent of the Companies.
The Platform is an automated data processing system. The same applies to the User Accounts. The User is prohibited from accessing or maintaining her/himself, fraudulently, in all or part of the Platform or a User Account that is not her/his own. The User is prohibited from using a method of access other than the interface made available by the Companies. If such a method is discovered or if the User inadvertently enters a restricted area (e.g. another User's User Account) without right, the User agrees to inform the Companies immediately by e-mail sent to the following address: email@example.com so that it can take any action that it deems necessary.
The Companies reserve the right to bring any action or claim necessary to prevent, stop and sanction any infringement to the Platform, to the content of the Platform, to a User Account but also to the Services, including such as legal proceedings, and to do so without prior notice.
The User alone is responsible to the Companies, or the Partners of the latter, for damages that can result from access to the Platform, to her/his User Account as well as to the Services, and from their use.
Any violation of the provisions of this article by the User constitutes a serious violation likely to lead to the termination without notice of the GTC to the exclusive detriment of the User and with the latter being permanently banned from accessing and using the Platform and the Services.
At any moment during her/his use of the Platform or Services, the User must act in compliance with the applicable laws and regulations (notably relative to tax and/or social declarations having to be made because of the performance of certain Transactions and for which the User alone bears responsibility), as well as in accordance with the indications, information, communications of the Companies such as communicated notably by the means of these GTC or on the Platform or via the User's User Account. For this reason, it is notably specified that the User must perform all steps required for her/his tax obligations (such as for example, but without this precision being exhaustive, any capital gains declaration) and social obligations, and that the Companies do not carry out such steps on behalf of the Users.
Furthermore, the User undertakes not to disrupt, negatively affect or prevent the use of the Platform or the Services by any other user (whether or not a User).
It is forbidden for the User to engage in or participate in practices that have the purpose or effect to manipulate the market (such as wash trading, cross trading, spoof trading, front running, sell wall, dark pool, pump-and-dump, etc.) through her/his use of the Platform or Services, whether or not such practices are expressly prohibited by applicable laws and regulations.
The User is also prohibited from using or operating the Platform or Services to engage in or participate in fraud, terrorist financing, money laundering, corruption, circumvention of economic sanctions applicable to the User on the date of the use of Services, tax fraud, or any other breach or violation of relevant criminal, administrative or tax laws in any country of the world, being part of a Ponzi scheme of any kind, using matrix programmes/pyramid programmes/multi-level marketing or other high-risk business detrimental to customers of any kind, unlawful activity in any country of the world; forbidden gambling; intellectual property or proprietary rights infringement, counterfeit or unauthorised goods; using/distributing drugs and drug paraphernalia or substances designed to mimic illegal drugs; producing/distributing adult content and services; using unfair, predatory or deceptive practice via customers or persons or any other risky or illegal transactions.
Furthermore, any commercial use and/or exploitation of data, notably market data, obtained or accessed or made available through the Platform and/or the Services is prohibited, as is any copying, mining, extraction, etc. of the said data.
The User gives the Companies and its Partners full permission to temporarily control the Digital Assets in her/his User Wallet(s) when necessary for the provision of the Services.
Any violation of the provisions of this article by the User constitutes a serious violation likely to lead to the termination without notice of the GTC to the exclusive detriment of the User and with the latter being permanently banned from accessing and using the Platform and the Services.
The Services are accessible to the User who has a User Account validated by the Companies and not having been the object of, or not being subject to, a suspension, sanction, restriction, limitation, termination, closing or suppression procedure.
In addition, the Companies reserve the right, for the purposes of deciding whether a Service or a Transaction can be performed by a User, to ask the User for specific additional information and/or documents.
Moreover, the Companies reserve the right, immediately and without notice and without this creating any right to compensation for the User, (i) to refuse the execution of a Service or of a Transaction requested by a User, (ii) to cancel a Transaction requested by the User, (iii) to suspend a User’s recourse to the Services or to one or of the determined Services, or to (iv) lock and/or freeze and/or close a User Account, notably in case of violation by the User of her/his obligations or commitments pursuant to these GTC or if the Companies consider that there are sufficient elements leading one to think that the User could be in violation of her/his obligations and commitments pursuant to these GTC, or notably:
The Companies also reserve the right, notably with the objective of fraud prevention and the fight against illicit or fraudulent activities, to impose on a User, on a personal basis, limits (maximum or minimal limits) or a ceiling under the conditions described below, and/or to restrict or limit the use of certain Services by the aforementioned User.
These restrictions can be lifted by the Companies if the latter considers that the causes and motives having led to their installation have disappeared, if necessary subject to the communication by the User of the information and documents requested of her/him by the Companies. In addition, Intervention Fees may be levied / invoiced to the User in accordance with the provisions indicated in the article "Financial conditions" of these GTC.
The User may perform Transactions on various Digital Assets as offered / accepted on the Platform. The list of Digital Assets accepted on the Platform is subject to change at any time without notice. In case of definitive withdrawal of a Digital Asset from the Platform, the Companies will make reasonable efforts to notify this change to the Users with reasonable notice as well as to allow the User to perform Transactions on the said Digital Assets.
In addition, not all Services are available for all types of Digital Assets offered on the Platform, but some are only possible with the types of Digital Assets identified as such on the Platform. Thus, certain Services may only be possible subject to the use of certain types of Digital Assets. The User must therefore, through her/his User Account and more broadly through the Platform, make sure of the Digital Assets that s/he can use according to the Services that s/he wishes to use, particularly when using the said Services.
The User can use the Services subject to complying with the minimum and maximum limits set by the Companies for example for certain Transactions and for certain types of Digital Assets, in accordance with the rates applicable to the Membership subscribed by the User and/or indications appearing in the User's User Account.
These limits are subject to change at any time without notice. The User is therefore invited to take note of the minimum and maximum limits applicable to her/him when planning to perform a Transaction and undertakes to respect them.
In addition, a ceiling can be applied to the User by the Companies, either for all of the User’s Transactions, or only for certain Transactions and/or for certain types of Digital Assets. The User will be informed of the existence of the said ceiling through her/his User Account.
A ceiling can be also applied by the Companies in general to all Users either for all of their Transactions, or for example for all Transactions performed with a type of Digital Asset. Users will be informed of the existence of the said ceiling through the Platform.
These ceilings are subject to change at any time without notice. The User is therefore invited to check the ceilings applicable to her/him when planning to perform a Transaction and undertakes to respect them.
The User recognises that the Transactions performed in connection with the Services, and in general the purchase, use, sale, exchange, conversion or holding of Digital Assets, present risks for which the responsibility of the Companies cannot be pursued under any circumstances, namely:
The Companies also emphasize that Digital Assets and Blockchain are new technologies, with special rules that differ from traditional investment systems. Thus, any use of Digital Assets, whether as an investment, as a monetary equivalent, etc., presents risks that the User must consider.
The Companies notably provide the Users with information and tutorials intended to guide them in their use of the Platform and the Services. The User is nevertheless invited to vary her/his information sources and therefore to consult other sites than the Companies’ Platform in order to inform her/himself with regard to the inherent risks in the Services, while specifying that the information and precisions appearing on the Platform are not exhaustive, nor necessarily up to date, and are only for information purposes relative to the Users.
The User must therefore be particularly vigilant when using the Platform and the Services, and must ensure that s/he has all of the skills and knowledge, particularly technical and financial, required to handle Digital Assets. Notably, the Companies remind Users that past performance is not indicative of future performance, and that investment in Digital Assets presents risks of partial or total capital loss. The User is in any case invited to consult professionals specialising in financial, legal or tax advice before performing any transaction involving Digital Assets.
In order to create a User Account, the User must:
The information and documents indicated above, as well as the technical characteristics (format, size, etc.) of the said documents, are subject to change over time.
If this information and documents are not provided or appear to be inaccurate, the User's User Account cannot be created and s/he will not be able to benefit from the Services requiring the prior creation of the said User Account. In general, the User certifies the truthfulness and accuracy of the transmitted information (including the documents communicated both on the User’s own initiative or upon request) during the creation of her/his User Account.
The Companies will have the right to pursue the responsibility of the User or any involved person in the event that the aforesaid transmitted information is false, inaccurate or misleading. The User must communicate her/his real identification information (e.g.: her/his real name) and contact information.
The User is also required, where appropriate, to update the provided information so as to ensure its accuracy over time and at any time, and guarantees the Companies in this regard. The Companies can in no case be held responsible for any difficulty encountered by a User, for example concerning the access to her/his User Account or the use of the Platform or Services, that would be linked, directly or indirectly, to the communication by the User of inaccurate or incomplete information, or to a lack of update of her/his information by the User, while specifying that the Companies will be able to condition the use of the Services to the supply by the User of up-to-date information and documents (notably currently valid identity document) or even to the supply of additional information or documents (proof of address, justifications of origin of the funds, answer to a KYC questionnaire, etc.). The communication of inaccurate or incomplete information, or false documents, or the failure to update such information or documents by a User will constitute serious breaches by the User of these GTC entitling the Companies to terminate the GTC and to delete the User's User Account without notice, in accordance with the article "Repudiation - termination".
The communication of additional information and/or documents may also be required by the Companies in case of request of modification by the User of the information relative to her/his User Account.
A User Account can only be held by one person (whether a natural or legal person), and each person (whether a natural or legal person) can only have one User Account.
Any person (natural or legal) wishing to open a User Account must have full legal capacity to do so, as well as to commit to these GTC. In this respect, any natural person acting on behalf of a legal person guarantees to have all rights and authorisations necessary to validly commit the said legal person.
In addition, the opening of a User Account by a natural person requires being at least 18 years old (the 18th birthday must have been reached).
The creation of a User Account is also restricted:
It is the User's responsibility to ensure that these conditions are respected.
The contents of the above section and the eligibility conditions or restrictions to the creation of a User Account are likely to change at any time and without notice, on simple decision of the Companies, notably but not exclusively in order to conform to legislative or regulatory obligations. The Companies cannot be held liable for the consequences of restrictions (such as refusal to create a User Account, suspension or even closing / deletion of the User's User Account), even new ones, that relate to the country of residence, nationality or country of the registered office of the User or that would result from legislative or regulatory obligations.
The information communicated by the User for the purposes of creating a User Account is used in order to verify her/his identity notably within the framework of the KYC obligations.
The request made to the User to communicate this information to the Companies may result, amongst other things, from the obligations of the latter pursuant to the fight against money laundering and the financing of terrorism. In this regard, the User undertakes to and guarantees to the Companies, that s/he will comply with the the Companies KYC policy.
Through the KYC onboarding procedure, the User guarantees to provide the Companies with true and reliable information on his/her identity (proof of identity) and address (proof of address).
KYC operations and notably the verification of the User's identity may be delegated by the Companies to a third-party service provider.
The creation or opening of a User Account is forbidden to any User whose User Account was previously closed by the Companies as a result of a termination of these GTC for fault of the User.
The User who requests the creation of her/his User Account guarantees that her/his use of the Platform and Services will not expose the Companies to any sanctions and that such use will not violate any applicable law or regulation, notably with respect to the fight against terrorism, economic sanctions, the fight against corruption or the fight against money laundering.
As such, the User notably guarantees:
Any violation of the provisions of this article "Creation of a User Account" by the User constitutes a serious violation likely to lead to the termination without notice of the GTC to the exclusive detriment of the User and the permanent prohibition for the User from accessing and using the Platform and the Services.
In addition, the Companies reserve the right to refuse the creation of a User Account by a User who does not comply or does not respect the terms and provisions indicated in this article "Creation of a User Account", and more generally in these GTC, as well as to temporarily suspend or close / delete the User's User Account under the conditions indicated in the articles "Suspension of the User Account" and “Closing and deletion of the User Account" of these GTC.
The creation of a User Account requires the User to choose Identifiers for the said User Account that are personal and that will be necessary to access the said User Account. To this end, the User will be asked to choose an identifier or login (i.e. her/his telephone number or e-mail address) and a password (i.e. PIN code) that must comply with the format and characteristics required as indicated on the online form to create her/his User Account.
The User is solely responsible for preserving the confidentiality of her/his Identifiers, that are strictly personal, and undertakes to perform all useful measures to ensure this complete confidentiality, and notably to change her/his password regularly (i.e. at least every 6 months). The User is therefore required to keep her/his Identifiers confidential and to protect them from access by or disclosure to third parties. The User is solely responsible for the strictly personal use of her/his Identifiers and guarantees the Companies in this regard.
The User's Identifiers can be reinitialized at any time ("forgotten password procedure") on the initiative of the latter or on the initiative of the Companies subject to providing the User with prior information thereof (while specifying that in all cases, this reinitialization will naturally have to be carried out by the User her/himself, even if on the initiative of the Companies).
In case of password loss or theft, or in case of unauthorised access to her/his User Account, the User must immediately and without delay inform the Companies by electronic mail sent to the following address: firstname.lastname@example.org and must follow the instructions that may be communicated to her/him by the Companies, notably in order to lock access to her/his User Account.
The reopening of the User's User Account following such a lockout request will be subject to the User providing additional information and/or documents to ensure her/his identity and the legitimacy of her/his reopening request. The Companies cannot be held responsible in case of the User's failure to communicate the required information and/or the documents.
The use of the User's Identifiers to connect to her/his User Account and perform operations (including Transactions) is, between the Parties, attributable to the User with regard to (i) operations performed on or from her/his User Account, (ii) of any use of the Platform and the Services performed concomitantly with her/his connection to her/his User Account and (iii) of any fact or act related thereto.
The User is also informed that the connection or access to her/his User Account by means of her/his Identifiers constitutes proof between the Parties of the authentication and identification of the User but also of her/his identity.
The Companies shall make reasonable efforts to ensure the security of the access to the Services and notably to the User's User Account, and to prevent any unauthorised person from being able to access it. the Companies does not guarantee the absolute security of the Services or of the access to the User Account, and more generally to the Platform.
Without prejudice to the provisions contained in the articles “Repudiation - termination” and “General restrictions” hereof, the Companies reserve the right to suspend the access to the User's User Account and to suspend by right and without notice the supply of all or part of the Services, in case of the User's violation of her/his obligations or commitments pursuant to these GTC or if the Companies consider that there are sufficient elements allowing one to think that the User could be in violation of her/his obligations and commitments pursuant to these GTC.
Furthermore, such a suspension may notably occur:
The suspension of the User Account implies the impossibility for the User to connect to it and/or to benefit from the Services / to use the Services requiring such connection to the User Account.
Insofar as possible (and notably, unless prohibited by a competent authority or by the applicable provisions), the Companies shall inform the User of this suspension without delay and shall, at its sole discretion, inform her/him of the reasons for this suspension.
Except for cases when the suspension of the User's User Account occurs following the request of a competent authority, the Companies will inform the User, by sending an electronic mail to the e-mail address provided by the User in her/his User Account, of the interval in which s/he will be required to remedy the causes of this suspension (for example regularization actions to perform in case of the User's violation of her/his obligations or commitments pursuant to these GTC or communication of information and documents for the analysis of the situation by the Companies, etc.). If not specified otherwise, this period is 7 (seven) days.
Should the User not comply with the demands of the Companies within the time limit set by the latter, the Companies reserve the possibility of definitively closing the User's User Account for fault and terminating these GTC under the conditions of the article "Repudiation - termination" hereof.
Without prejudice to the above, in case of violation by a User of her/his obligations or commitments pursuant to these GTC or if the Companies consider that there are sufficient elements allowing one to think that the User could be in violation of her/his obligations and commitments pursuant to these GTC, the Companies reserve the right to take any appropriate measure and in particular to publish on the Site any information message that the Companies deem useful, to warn any authority concerned and to take any legal action.
The User may request the closing and deletion of her/his User Account directly from her/his User Account or by e-mail sent to the following address: email@example.com.
The closing and deletion of the User Account by the Companies may occur in any event within a period of two years from the last connection of the User to her/his User Account in the event that s/he held no Digital Asset in her/his User Wallet during this period of two years.
Moreover, the Companies will proceed with the closing and deletion of the User's User Account in case of termination of these GTC.
In this regard, and unless indicated otherwise in these GTC, the closing of the User Account implies the impossibility for the User to connect to it and/or to benefit from the Services / to use the Services requiring such a connection to the User Account, as well as the deletion of said User Account.
It is further specified that only the User is responsible for ensuring the conservation and safeguard of the information and documents transmitted by or to the Companies, or more generally via the Platform and/or registered or stored in the User Account.
The closing and deletion of a User Account, whatever the cause or initiator, will not give rise to any compensation of any kind for the User.
If a Transaction or other operation is in progress at the time of the closing of the User's User Account, the Companies reserve the right to cancel this Transaction or operation before deleting the User Account.
In case of the User's death, the Companies will be able to proceed with the transfer of the User Account and of the related Digital Assets and/or Fiat currencies to the assigns in fulfilment of a precise and express request in this sense from the assigns and on presentation of the required justifications, in return for the payment of Intervention Fees and withdrawal Fees in accordance with the provisions of the article "Financial conditions".
In case of closing of the User's User Account, the User must settle her/his outstanding payments, expenses, debts, etc. due to the Companies within a maximum period of 7 (seven) days.
After such settlement, the User shall sell or withdraw all of her/his Digital Assets and/or Fiat currencies from her/his User Account within a maximum period of 15 (fifteen) days following the closing of the User Account. In this context, the Companies will be able to apply specific restrictions with regard to the use of the Services by the User (e.g.: blocking of certain Transactions, etc.). Where the User fails to action the sale or withdrawal of the said Digital Assets and/or Fiat currencies within this period, the remaining Digital Assets and/or Fiat currencies should be wired on a verified bank account opened in the name of the User.
The sale or withdrawal by the User of her/his Digital Assets and/or Fiat currencies may be made under the conditions indicated in the article "Performance of Transactions". For the avoidance of doubt, withdrawal Transactions are subject to Fees that may exceed the sum of the Digital Assets and/or the Fiat currencies. Such a case implies an obligation for the User to carry out the sale thereof, or failing that, to definitively waive/renounce the said Digital Assets and/or Fiat currencies. The User shall contact the Companies without delay in case of difficulty relative to the sale or withdrawal of her/his Digital Assets and/or Fiat currencies following the closing of her/his User Account.
Notwithstanding the above, in case of suspension or closing of the User's User Account following a suspicion of illicit activity or fraud (notably corruption, financing of terrorism and/or money laundering, but also performance of or participation in market manipulation) or in case of illicit activity or proven fraud, or in case of violation of the applicable laws and regulations or of these GTC, or in case this suspension or closing results directly or indirectly from a request of a competent authority, the Companies will be able to immediately prevent the User from connecting to her/his User Account and/or to benefit from and use the Services of the User Account. Moreover, the Companies will not be obligated to return the Digital Assets and/or Fiat currencies in the User's User Account and it reserves the right to provide them to the relevant Competent Authorities where required.
The User recognises having been informed of the absence of stability of the Prices of Digital Assets and of their particularly great volatility, with neither the Companies nor its Partners bearing any responsibility in this regard.
In the context of a purchase or sale of Digital Assets, the price of the Digital Assets provided by the Companies is solely dependent on the Exchange Platforms and is determined under their sole responsibility, without any control by the Companies.
The Price of the Digital Assets that may be the subject of a Transaction can be viewed by the User on the Platform at the moment “T” when the User makes her/his request. The displayed Prices are not by default denominated in Digital Assets or any other Fiat currency, but as a quantity of one type of Digital Asset that can be exchanged for another quantity of another type of Digital Asset. However, the User may view, for information purposes, the corresponding amount equivalent to the quantity of Digital Assets offered for exchange and/or requested for exchange, in the Fiat currency of his/her choice, amongst those offered on the Platform.
The completion of Transactions are services offered to the User for a fee. The User is thus required to pay the Transaction Fees specified hereafter to the Companies (barring contrary indication in these GTC specifying that the Fees may be owed to a third party) and authorises the Companies to take from her/his User Wallet, or from the amount of the realised Transaction, all Transaction Fees possibly owed in accordance with these GTC.
The rates are subject to change / revision at any time. In case of a rate update, the new rates apply to all Transactions initiated and validated by the User after the effective date of the new rates.
The Fees applicable to Transactions carried out by Users may vary according to the type of Membership subscribed by the User.
Membership Fees are available on the Platform via the following section: https://akt.io/memberships/
The Transaction Fee is not subject to value added tax (VAT)
Intervention Fees can be owed by the User to the Companies in the circumstances anticipated in these GTC. In addition, such Intervention Fees are also due in case of an error or mishandling attributable to the User in the context of the performance of the Transactions, and more generally in the use of the Services, as well as in the following cases:
The amount of the Intervention Fees, depending on the type of intervention, is detailed in the "Rates" section. The Intervention Fee is independent of the Transaction Fee and is in addition to the Transaction Fee payable by the User.
The Fees when owed to the Companies, are payable upon validation of the Transaction by the User or in absence of a Transaction, upon the realisation of the intervention giving rise to Intervention Fees.
Any delayed payment or non-payment of an amount owed on its due date indicated above will result, without the need for a reminder, in the application of late penalties. The interest rate for such late payment penalties will be 5%.
Such penalties will be calculated and will be owed without prejudice to the right of the Companies to claim compensation for its loss arising from late payment or non-payment. The penalties will be owed as from the day following the payment date of the sums owed and until the day of their collection by the Companies.
Finally, any User in a situation of late payment will be required to pay fixed compensation for recovery expenses, equal to 40 EUR to the Companies. If the incurred recovery costs are greater than this compensation, the Companies may request additional compensation on justification. However, the Companies may not claim the benefit of such compensation in case of the opening of safeguard, recovery or liquidation proceedings that would prohibit the payment of the debt owed to it on its due date.
The Price of a Digital Asset and the amount of the Transaction Fees are fixed at the moment “T” when the User validates the Transaction. However, given the particularly high volatility of Digital Assets, it is possible that the Price of a Digital Asset and the amount of the Transaction Fees may not be strictly identical between the time the User views them upstream and the time s/he then actually validates the Transaction.
The Prices and Transaction Fees may therefore vary, either continuously or from time to time, and at any time. Apart from the cases in which cancellation of a Transaction is possible in accordance with these GTC, Transactions are irreversible and the User cannot request cancellation due to a Price change or a change in the rates of the Fees that would occur after the validation of the Transaction.
Furthermore, the Price set at the moment “T” when the User validates the Transaction is not guaranteed, nor is the amount of the associated Fees:
The Companies required to respect the terms and conditions stipulated in these GTC. The Companies make the Services available to the User, including access to the Platform, and is therefore subject to an obligation of means.
The User has ensured that the Platform and Services are in line with her/his needs, that they correspond to her/his expectations and that s/he has the skills and knowledge, particularly technical and financial, as well as the necessary computer environment, to use the Platform and the Services correctly.
The User is required to comply with the terms and conditions of these GTC. The User is solely responsible for her/his use of the Platform, her/his User Account and the Services, as well as for the acts and deeds of the persons authorised by her/him to access her/his User Account, including with regard to any subsequent performance of Transactions.
The User is required to use the Platform and Services in accordance with the legal and regulatory provisions applicable within the various jurisdictions in which the activities and business related to the Transactions and operations involving Digital Assets are conducted and will not use the Platform and/or the Services for any illicit or illegal purposes, or for any purposes other than those for which the Platform and the Services are made available to the User.
The User will be liable for the obligations incumbent on her/him under these GTC and in accordance with the rules of Irish law.
The commitment of the Companies concerns exclusively the supply of the Services in accordance with the provisions of these GTC and under all reserves notably formulated in case of Service supplied by a Partner. The Companies bear liability only in this regard.
The Companies draw the User's attention to the risks inherent in any economic operation, for which it bears no liability (cf. notably the article "Warning - risks inherent to the Services").
In addition to the circumstances envisaged in these GTC relative to which the Companies cannot be held liable, the Parties agree that:
The Companies shall not be responsible or liable for:
including (but not limited to):
and the resulting consequences.
Similarly, the Companies shall not be responsible or liable for the diversion of information circulating via the Internet or seized on the Platform, for the presence of viruses, malicious codes or other harmful technologies or other software infections on the Platform or of any consequences or damage resulting from it.
The Companies shall not be liable for any consequences or damages of any kind that may result from errors or omissions in the contents published on the Platform or in the answers to contact requests, nor for any delay with regard to answering such requests.
In order for the responsibility of the Companies to apply, if necessary, the User must notify the Companies of any request or any failure relative to its obligations pursuant to these GTC, without delay as from the moment when the User has knowledge of it.
The provisions of this article "Liability" will survive the termination of these GTC, regardless of cause, until the end of their particular purpose.
The User may repudiate the GTC (i.e. end them) at any time and without notice, provided that s/he deletes his/her User Account in accordance with the provisions and conditions indicated in the article "Closing and deletion of the User Account".
The Companies are authorised to repudiate and put an end to these GTC, without the User being able to claim unspecified harm as a result, under the conditions and according to the following provisions:
Barring contrary provisions in this article, and barring prohibition resulting from a legislative or regulatory text or from a decision of a competent authority, any repudiation on the initiative of the Companies is preceded by sending an electronic mail to the e-mail address provided by the User in her/his User Account, informing the User of this repudiation and of the date on which the repudiation will be effective, in compliance with the periods and notices recalled herein. In the absence of any requirement for the Companies to give notice, this e-mail is concomitant with the repudiation.
The termination of the GTC can occur on notification by the Companies, in addition to the cases specifically found in the terms of articles of these GTC and without prejudice to all damages and interest that could be claimed to the User, in the following cases:
The notices indicated in this article are sent by the Companies by electronic mail to the e-mail address provided by the User in her/his User Account. The Companies will then inform the User, by the same means, of the actual termination of the GTC. In the absence of obligation for the Companies to provide the User with prior formal notice, an e-mail will nevertheless be sent to the latter in order to inform her/him of the termination of the GTC.
If the termination of these GTC by the Companies occurs when a User has failed to comply with and breached these T&Cs (e.g.: provided false documents, used User Account to launder illicit funds or commit fraud, etc.), the User expressly acknowledges and accepts that he/she is not entitled to a refund of the AKTIO Coins in his/her wallet where the AKTIO Coins were obtained via welcome bonus or referral bonus.
In case of termination or repudiation of these GTC within the framework of this article "Repudiation - termination", the Companies will close and delete the User's User Account according to the provisions of the article "Closing and deletion of the User Account" hereof.
Clauses that by their nature or purpose must continue beyond the end of the GTC will continue and remain applicable after the end of the GTC, until the end of their respective individual purpose, unless a specific term is indicated in the GTC.
These GTC do not entail any transfer, concession or licence of intellectual property rights or sui generis right of the database producer for the benefit of the User.
The overall Platform, as well as each of the elements comprising it taken independently, notably the programs and developments, its structure, and the contents including data, texts, fixed or animated images, logos, sounds, graphics, photographs, files, are the exclusive property of the Companies or of third parties that have provided it or conceded the right to exploit them.
Any representation or reproduction, total or partial, of the Platform or of any of its elements without the express authorisation of the Companies is prohibited and would constitute an infringement and/or an act of unfair competition or parasitism. In any case, on any representation or reproduction authorised by the Companies of all or part of the Platform or the elements that comprise it, the words "Copyright [current year] AUTOMATA - all rights reserved” must appear.
The databases present on the Platform are protected by intellectual property and any extraction or reuse of qualitatively or quantitatively substantial content of the databases is prohibited and subject to penalty.
The brands and logos appearing on the Platform are trademarks registered by the Companies or by third parties. Any reproduction, imitation, or use, total or partial, of these distinctive signs without the express authorisation of the Companies or in violation of its intellectual property rights results in liability on the part of their author.
The other distinctive signs, notably the corporate names, commercial names, signs, domain names reproduced on the Platform are the property of the Companies or of third parties, and any reproduction thereof without express authorisation is likely to constitute identity theft that results in liability on the part of its author.
The User acknowledges that the Platform or the tools implemented on the Platform, and notably as part of the User's User Account or the Services, allow for the traceability of certain completed actions and operations (notably the traceability of the Transactions performed or the acceptance of the GTC), as well as the delivery of certain notifications and certificates, notably for reasons of security and evidence. These traceability procedures generate computer traces or event logs (the "Computer Traces").
The User acknowledges that the Computer Traces generated by the Platform, as well as their possible reproduction on a paper or electronic medium, allow proof of the use of the Platform, the User Account and the Services, and notably proof of the completion of a Transaction, the publication of content, the input of information, the delivery of information or consent / acceptance.
The User formally acknowledges that exchanges with the Companies may take place by any means, notably by electronic message sent to the e-mail address mentioned in the User Account or mentioned in the User's correspondence, or by means of all documents and other electronic writings resulting from the use of the Services, notably Computer Traces, and more generally resulting from the execution of these GTC, as well as those accepted or signed electronically (the "Electronic Writings").
The User recognises that the Electronic Writings provide valid proof of a fact or the content of the exchanges, and that in general any trace or any computer and/or electronic document emanating from the Companies, from the Platform, from the User Account or from the use of the Services serves as proof between the Parties.
The User also acknowledges that the Electronic Writings:
In any event, the User formally waives the right to claim the nullity, non-application, lack of legal evidential value or non-enforceability of the Electronic Writings on the grounds that they are issued by the Companies, the use of the Platform, the User Account, the Services or the Computer Traces, or that they are in electronic form.
No fault on the part of the User in the management of delegations of powers will be enforceable against the Companies in order to set aside the legal value of the Electronic Writings.
The Parties will be personally responsible for the preservation and archiving of the Electronic Writings.
Each Party will use the means and procedures that it deems necessary for preservation and archiving purposes. It is the User's responsibility to seek information on this matter from archiving professionals and to take all appropriate measures.
For your information, the Companies will keep a record of the User's execution of each Transaction and the related acceptance of these GTC for a period of ten (10) years from the execution of the Transaction, and while guaranteeing access to it at any time during this same period.
These elements are retained by the Companies in electronic format. These elements are an integral part of the Electronic Writings. The User may access them by sending an e-mail request to firstname.lastname@example.org.
You expressly acknowledge that Transactions involving Digital Assets are to be carried out immediately.
Therefore, no right of withdrawal may be exercised in respect of the Transactions described in these GTC.
The User expressly acknowledges and accepts that the right of withdrawal cannot be exercised for Transactions involving Digital Assets. The User wishes that Transactions involving Digital Assets be carried out immediately.
Therefore, the User expressly agrees in advance and expressly waives his right of withdrawal.
In the two (2) following specific circumstances, the User may exercise its withdrawal right when:
Such right may be exercised as follows:
The Companies grant Users the right to withdraw the pre-order of a PaymentCard without having to justify, explain the reasons of such withdrawal or pay penalties, for reimbursement.
Such right may be exercised until the pre-order is handled by the Companies through the ordering and User’s customisation process, which will be notified to the User on the Platform and/or via email (“Notification”).
After such Notification, no refund shall be applicable to the User’s order and the User shall provide update and/or confirmation on his/her personal address through the Platform.
The Companies grant Users the right to withdraw their Membership subscriptions during a withdrawal period of 14 days from the day of the subscription to a Membership, without having to justify, explain the reasons of such withdrawal or pay penalties, for reimbursement.
The right of withdrawal can be exercised by e-mail (email@example.com) or by mail 3rd Floor Ormond Building, 31-36 Ormond Quay Upper, Dublin 7, D07 Ee37 using the withdrawal form in Appendix 1.
The right of withdrawal may also be exercised by the Client by means of an unambiguous statement expressing the will to withdraw and mentioning the order concerned by this withdrawal.
If the right of withdrawal is exercised within the above-mentioned periods, only the price of the order shall be refunded, which will be detailed by the Companies. The reimbursement shall be made within 30 days from the date of receipt by the Companies of the notification of the Client’s withdrawal.
If the right of withdrawal is exercised after the above-mentioned periods, no refund shall be applicable to the User’s order.
No legal guarantee of conformity applies to the Services and to these GTC.
No guarantee for defects in the goods sold will apply to the Services and these GTC.
In this respect, it is specified for all practical purposes that the use of the terms Sale/sale/sell and Purchase/purchase/buy, and certain associated terminology, within the framework of these GTC or on the Platform, notably to designate certain transactions or actions, is purely explanatory and descriptive. The use of these terms is without prejudice to the legal characterization of the transactions and actions indicated in these terms under any applicable provisions. In any event, under the terms of these GTC, the Companies conclude with the Users a contract of services and not a contract of sale.
The Companies shall have no liability to the User in case of non-performance or delay in performing its obligations or from carrying on its business under these GTC resulting from acts, events, omissions or accidents beyond its reasonable control, including but not limited to the following:
By express agreement between the Parties, the following constitute force majeure:
The Companies draw the attention of the User to the risks inherent in any economic operation, notably to any Transaction involving Digital Assets. Use of the Services by the User implies acceptance of these risks. In this respect, any financial losses suffered by the User and resulting from the use of the Services will not constitute a situation of unpredictability and will not give rise to the right to take advantage of any legal or regulatory provisions that may be applicable to such a situation, which the User formally acknowledges and accepts. The same applies more generally in the event that the contractual balance is upset by circumstances that were unforeseeable at the time of the conclusion of the GTC, even if their execution proves excessively burdensome, with the User agreeing to bear all economic and financial consequences and in this case to waive the possibility of claiming any legal or regulatory provisions that would be applicable to such a situation of unpredictability.
The fact that one of the Parties tolerates a situation, for example the fact of not taking advantage of the application of certain provisions of the GTC or of certain legal or regulatory provisions, whatever the frequency and duration, cannot be considered as a modification of the GTC nor have the effect of granting acquired rights to the other Party.
Moreover, such tolerance by one of the Parties, even if repeated, will not constitute or be interpreted as a waiver by the latter with regard to asserting or exercising the rights in question or to availing itself of any of the provisions of these GTC.
In case of interpretation difficulties resulting from a contradiction between any of the titles appearing at the start of the articles and any of the articles, the titles will be declared non-existent.
If one or more provisions of the GTC are found to be null and void, invalid, illegal or inapplicable or declared as such, in application of a law, a regulation or following a final decision of a court or competent authority, the other provisions will remain applicable and will retain all of their force and scope.
Nothing in these GTC is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, or authorize either party to make or enter into any commitments for or on behalf of the other party.
For the purposes of the execution of the GTC and notably to supply the Services, the Companies will be able to have recourse to subcontractors, while specifying that the Companies will remain, with respect to the User, responsible for the execution of the GTC in accordance with the terms and conditions of the GTC.
Except as expressly authorized herein, the User's User Account may not be assigned or transferred to a third party, and the User may not assign or transfer the GTC, or any of her/his rights and obligations under the GTC, to a third party.
The User formally agrees, in advance, that the Companies can assign or transfer to a third party the GTC or all or part of its rights and obligations under the GTC, without notice or prior information for the User.
Unless otherwise stated, the periods and times indicated in these GTC are in calendar days.
THESE GTC ARE WRITTEN IN ENGLISH. IF THEY ARE TRANSLATED INTO ONE OR MORE FOREIGN LANGUAGES, ONLY THE ENGLISH TEXT WILL BE DEEMED VALID IN CASE OF A DISPUTE.
THE PLATFORM IS GOVERNED BY THE LAWS OF IRELAND.
THESE GTC AND THE RELATIONSHIP BETWEEN THE COMPANIES AND THE USER ARE ALSO GOVERNED BY THE LAWS OF IRELAND.
IN CASE OF DISPUTE AS TO THE INTERPRETATION OR EXECUTION OF THE GTC, THE PARTIES WILL MAKE REASONABLE EFFORTS TO FIND AN AMICABLE SOLUTION. IN THE ABSENCE OF AN AMICABLE RESOLUTION, THE COURTS OF IRELAND HAVE EXCLUSIVE JURISDICTION HEAR DISPUTES ARISING FROM THE APPLICATION OF THESE GTC OR RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF THE PLATFORM.
THESE PROVISIONS RELATING TO THE APPLICABLE LAW AND THE COMPETENT JURISDICTIONS ARE APPLICABLE SUBJECT TO THE IMPERATIVE PROVISIONS THAT WOULD HAVE TO BE APPLIED.
Date of last update: 23 January 2023.
This form must be completed and returned only if the Client wishes to withdraw from the order placed on the Platform, except for exclusions or limits to the exercise of the right of withdrawal according to the applicable GTC.
Addressed to: Automata Pay Europe Limited, located at 3rd Floor Ormond Building, 31-36 Ormond Quay Upper, Dublin 7, D07 Ee37, Ireland
I hereby notify by mail (or by e-mail at the following address: firstname.lastname@example.org) the withdrawal of the contract concerning the order below:
- Order dated: ...........................................................................................
- Order number: ........................................................................................
- Name of the Client: ...........................................................................
- Client's address: .................................................................................
Signature of the Client
(only if this form is notified on paper):
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