1.1 The platform digitaiz.li is provided by Digitaiz GmbH from Schaan, Liechtenstein. These General Terms and Conditions ("Conditions") Apply exclusively and for all business, contracts and business relationships with Digitaiz GmbH (" Digitaiz "). In particular, they apply to transactions and business relationships made on the online or electronic platform of Digitaiz (https://digitaiz.li).
1.2 Digitaiz does not accept any other terms and conditions (terms and conditions or other terms and conditions) of its customers, contractors or other business partners. Thus Digitaiz excludes any implicit acceptance of terms and conditions of other parties to any dealings, contracts or business relationships with and from Digitaiz.
1.3 Digitaiz enters into a business relationship only with fully capable persons and concludes only with these contracts. Persons present under these Conditions With Digitaiz enter into a business relationship and conclude contracts, thus expressly confirm their full ability to operate.
1.4 A digitaiz customer accepts and confirms with each transaction according to these Conditionsthat he is the Conditions accepted in the current version.
1.5 Should one or more provisions of this Conditions be in whole or in part ineffective, void or unenforceable, the validity, enforceability and enforceability of the remaining provisions of this Conditions not affected. In particular, the main duties of the parties remain in accordance with these Conditions unaffected. An ineffective, void or unenforceable provision of this Conditions is - to the extent permitted by law - replaced by such a legally valid, valid and enforceable provision, which comes next to her after the legally and economically pursued purpose.
1.6 Changes and additions to this Conditions, including this clause, may be made by Digitaiz at any time. The new Conditions are published on the website of Digitaiz "digitaiz.li" and the customers are informed about changes of the Conditions informed by e-mail. The changes are valid as soon as the customer receives the Conditions accepted online; If the customer does not agree with the change, he has the right to terminate the contract with Digitaiz with one month's notice from the corresponding declaration.
1.7 The Conditions govern exclusively the relationship between digital customer and digitality. They replace all previous statements or agreements. Digitaiz accepts the terms and conditions (Conditions) from Digitaiz customers not. These Conditions By Digitaiz customers are not applicable to the relationship between Digitaiz customers and Digitaiz.
1.8 Failure by Digitaiz at any time a right or remedy in accordance with the Conditions It does not prevent Digitaiz from enforcing or exercising any such right or remedy at a later date. A valid waiver of such rights and remedies is expressly in writing.
1.9 Digitaiz and Digitaiz customers agree on the German or English language for their communication.
2 digitaiz customer
2.1 Persons wishing to enter into a business relationship with Digitaiz must register on the Digitaiz platform (digitaiz.li) by providing Digitaiz with the following valid and truthful information and documents:
• User name
• E-mail address
• Name first Name
• Country of domicile
• Residence confirmation
• ID Front / ID Back or passport
• Selfie with ID Front or passport
2.2 For amounts from 5000 CHF is to perform a video match for the successful registration. Digitaiz lets this video match from the Intrum Justitia AG, Eschenstr. 12, 8603 Schwerzenbach. A person who has successfully completed the registration process (KYC process) is called a "digitaiz customer". The video match serves to verify or verify the identity of the user. Except the Digitaiz GmbH and the Intrum Justitia AG no other persons have access to this data or can process this video data in any way.
2.3 To use the Digitaiz platform, a Digitaiz customer must verify his account. The verification process and the verification requirements depend primarily on the current laws and frameworks for security requirements. These include in particular AML considerations. These requirements may change at any time as the legal framework changes.
2.4 Each Digitaiz customer undertakes to keep his password details safe, to keep them for himself, to act only for himself and to open the account on Digitaiz only for himself. It is forbidden to give a third party access to the Digitaiz account.
2.5 Depending on local legal conditions, Digitaiz may exclude persons from Digitaiz Services in different countries. Currently, individuals who are US citizens, or resident in the United States, or have a green card issued by a US agency, may not become a customer for regulatory purposes.
2.6 A Digitaiz customer must ensure the timely execution of contracts and refrain from any activities that can frustrate or endanger such timely execution.
2.7 A Digitaiz customer must update changes in his contact details (name, postal address and e-mail address) immediately via the Digitaiz platform or by registered letter to Digitaiz. Every Digitaiz customer is aware and accepts that Digitaiz always uses the last announced e-mail address and the last known mailing address and that every message delivered to this e-mail or postal address is considered lawfully delivered.
2.8 Zur Identitätsprüfung und ‑feststellung benötigt Digitaiz bestimmte Informationen von Personen, die beabsichtigen, ein Digitaiz Kunde zu werden (siehe hierzu Art. 2.1). Jeder Digitaiz Kunde ist sich dessen bewusst und akzeptiert hiermit, dass Digitaiz nach eigenem Ermessen entscheiden kann, zu welchem Zeitpunkt ein Digitaiz Kunde Kopien von Pässen und andere gesetzlich vorgeschriebene oder in den Datenschutzbestimmungen vorgesehene Dokumente liefern muss. Wenn es sich beim Digitaiz Kunden um eine juristische Person handelt, können Kopien von Unternehmensregisterauszügen (oder vergleichbare Dokumente) und andere gesetzlich vorgeschriebene Dokumente angefordert werden.
3.1 Digitaiz provides a platform for the purchase, sale and retention of blockchain-based information items known as tokens. The offer of tokens traded on the Digitaiz platform (digitaiz.li) may be changed by Digitaiz at any time and in its sole discretion.
3.2 Purchase and sale by Digitaiz take place exclusively in the following way. Deviations from this process must be agreed in writing:
• The customer registers on the Digitaiz platform (wwwcryptoz.li), gives his personal details and uploads ID or pass high.
• Der Kunde wählt ein Paket mit Kryptowährungen aus und bestellt dieses.
• Digitaiz checks the registration. The customer will be released upon successful examination.
• The customer receives the bank details by e-mail. The payment is made by bank transfer to the digital bank account in Liechtenstein.
• Die vom Kunden gewünschte Kryptowährung wird gekauft und anschliessend sicher in einem Wallet verwahrt.
• The wallet is delivered to the customer via secure online shipping.
• The customer prints or saves the wallet and stores it in a safe place.
3.3 Publikationen von Digitaiz auf der Digitaiz-Plattform wie Kurse, Zahlen, Nummern, oder andere relevante Informationen (via Websites oder auf andere Weise), sind in keinem Fall Angebote, verbindliche Angebote oder Garantien für einen Tausch/Kauf/Verkauf, sondern immer nur als Einladungen an Digitaiz Kunden zur Angebotslegung zu verstehen.
3.4 Delays in the processing of offers on the Digitaiz platform may occur due to unforeseeable technical faults. Digitaiz therefore does not guarantee the immediate processing of any offer or any liability of Digitaiz, in particular with regard to price changes, valuations or other conditions with regard to the offered tokens or services.
3.5 Digitaiz Customers are aware that there may be significant delays in shipping tokens to their wallets. Digitaiz can not be held liable for any damage caused to customers by such delays.
3.6 Digitaiz offers on its platform the creation of a so called Paperwallet. This wallet will secure the tokens purchased by the customer. Immediately after the purchase of the tokens by Cryptoz and their securing in a paper wallet, the access data for his wallet will be made available to the customer via Securesafe. The customer is aware that after receiving the access data, he has seven days to download or print his Paper Wallet. The customer is also aware that Cryptoz has the right to delete the wallet at the end of the seven days. The rights of use and the risk of loss lie solely with the customer as soon as he has received the access data via Securesafe.
3.7 In cooperation with an external partner, Digitaiz offers alternatively the possibility to select the safekeeping via hardware wallet, in order to secure the tokens acquired by the customer. The rights of use and also the risk of loss are here alone with the customer as soon as he has received the access data via Securesafe.
4 digitaiz customer account
4.1 Pro Digitaiz customer is allowed only one account. Creating multiple accounts is strictly prohibited. If another account is created next to the first account of the Digitaiz customer, Digitaiz has the right to block this and keep it locked. In such a case, Digitaiz is entitled to an administration fee of EUR 100,00 to raise.
4.2 Digitaiz is entitled in the following cases to block, block or close a Digitaiz customer account immediately and without further notification to the Digitaiz customer. This includes blocking, reversing, suspending transactions or withdrawing from the contract:
4.2.1 When Digitaiz becomes aware of any official investigation into a Digital Client for fraud, terrorist financing, money laundering, tax fraud or any other violation of any applicable law in any jurisdiction.
4.2.2 if a customer digits his obligations according to Conditions hurt.
4.2.3 if a customer has violated the rules or regulations of a payment service provider or financial institution.
4.2.4 if a Digitaiz customer has opened more than one customer account on Digitaiz.
4.2.5 if a customer has violated the rule of single use of a payment service account or has used a bank account, credit card, etc. of a third party.
4.2.6 if a Digitaiz customer has used an account without legal entitlement to use this account.
4.2.7 if a Digitaiz customer gives false information about his identity via his Digitaiz account or his account with a payment service provider.
4.2.8 a digitaiz customer substantially against the payment rules according to Conditions and thereby caused considerable expenses.
5 prices, payment & transfer conditions
5.1 After transfer and payment to Digitaiz's account, the tokens will be purchased at the best possible rate on any of the common token trading platforms. The trade will be carried out as soon as possible.
5.2 The final price of the tokens consists of the following components:
- amount offered in EUR,
- trading fees,
- Fee for incoming or outgoing payments,
- service fees such as wallet fee (optional),
- Final price (= sum of the above).
5.3 Payments with legal means of payment from the customer to Digitaiz and Digitaiz to the customer are transmitted by the respective payment service provider of the customer or by Digitaiz and not by Digitaiz itself.
5.4 The transfer of tokens is performed by Digitaiz within the Digitaiz system.
5.5 Final payments or services must be paid by the Digitaiz customer immediately after the binding order.
5.6 Digitaiz has the right to change accepted payment methods in its sole discretion.
5.7 Digitaiz In the course of the payment processes, customers must fully comply with the data disclosure requirements, in particular when paying by SEPA, If a Digitaiz customer does not comply with these disclosure requirements, Digitaiz can not reconcile the payment with the corresponding Digitaiz customer account. As a result, Digitaiz has to start a manual tracking process, for which Digitaiz will charge the customer a processing fee.
5.8 A completed transaction can not be undone once the transaction appears on a blockchain network / network outside the Digitaiz system. Every Digitaiz customer confirms and accepts that Digitaiz can not stop the process from this point on. Digitaiz also has no influence on whether the Digitaiz customer has access to the transferred tokens and the last announced Wallet address or not.
5.9 By transferring the token from the Digitaiz system to the customer's wallet, the risk, in particular the risk of forfeiture and loss, passes to the customer.
6 right of withdrawal
Each Digitaiz customer acknowledges that in accordance with Art. 19 para. 1 let. l of the Distance and Transactions Act (FAGG) has no right to do so, in accordance with Art. 12 (1) FAGG to withdraw from the contract. This enables Digitaiz to deliver blockchain-based digital information units (tokens) before the revocation right expires. Digitaiz transmits to the respective Digitaiz customers immediately after conclusion of the contract CCOFA) a confirmation of the concluded contract according to Art. 6 para. 2 FAGG.
Digitaiz complies with the data protection regulations of the General Data Protection Regulation (as part of the agreed service provision).GDPR), also basic data protection regulation (DSGVO) called. In accordance with Article 13 DSGVO Digitaiz informs the customer that the data provided in accordance with Art KYC/ AML process on the basis of the Liechtenstein Due Diligence Act and the Liechtenstein Due Diligence Ordinance. The data will be stored in accordance with the Liechtenstein Due Diligence Act and the Liechtenstein Due Diligence Ordinance and will not be used for any other purposes, if included in the Conditions not expressly stated otherwise. On provisions, which the processing of personal data of the customers by third (by receipt by Digitaiz as well as processing to the in the appropriate regulations of the Conditions festgehaltenen Zwecken und Modalitäten) wird ausdrücklich verwiesen; siehe hierzu die Artikel 2.2 und 10. Der Kunde hat ein Recht, Auskunft über seine verarbeiteten Daten zu erhalten. Diese Auskunft umfasst die Verarbeitungszwecke, die Kategorien persönlicher Daten, die Kategorien von Empfängern und die geplante Speicherungsdauer. Der Kunde hat weiters ein Recht auf Berichtigung, Löschung, Einschränkung der Datenverarbeitung, und Datenweitergabe unter den Voraussetzungen der entsprechenden Bestimmungen in der DSGVO and taking into account the limitations of these rights under the DSGVO and the Liechtenstein Data Protection Act. If the customer believes that the processing of his personal data is not compatible with the applicable data protection regulations, he has a right to lodge a complaint with the Liechtenstein Data Protection Agency.
8 money laundering
Sanctions lists, watch lists and blacklists keep data of natural and legal persons with a potential money laundering risk. For PEPs, ie politically exposed persons, increased due diligence requirements apply. Digitaiz therefore checks as part of the registration process (KYC Process), whether new or existing customers PEP- or sanction lists. Digitaiz customers know this and you agree.
10.1 Digitaiz is liable to companies, customers or other persons only for intentionally caused direct and foreseeable damages, if they were caused negligently by Digitaiz.
10.2 Digitaiz is in no case liable for indirect damages, consequential damages, in particular not for software damages of others, lost profit, pure property damages of the Digitaiz customer or damages of third.
10.3 Digitaiz is not liable in particular for damages caused by interruptions of the Digitaiz system, which are required for maintenance or to avoid network disturbances
• are and / or caused by unavoidable events beyond the control of Digitaiz
• (eg energy grid disruptions, regulatory involvement or on-site visits, strikes, civil unrest, environmental damage such as earthquakes, storms, etc., wars or national or international
• conflicts with and without weapons; international or national sanctions against certain products, services, persons, countries; legal restrictions on blockchain-based digital
• Information units at any time and in any place in the world; Network malfunctions, computer failures or criminal activities of third parties.
10.4 Digitaiz does not guarantee that the security certificates displayed on the Digitaiz platform (digitaiz.li) are completely secure.
10.5 Digitaiz is not liable for the loss of customer data that is beyond the reach of Digitaiz. A Digitaiz customer is informed immediately about a loss of data.
10.6 Digitaiz is not liable for damages or loss of data resulting from the storage of customer data (such as private keys) in a hardware wallet.
10.7 In addition, Digitaiz is not liable for:
- the stored tokens of Digitaiz customers in hot and / or cold wallets,
- the information of Digitaiz customers about their private keys for transactions into or out of the Digitaiz system,
- transactions in or out of the Digitaiz system,
- Digitaiz customers or third parties who use third party websites and services (eg third party wallets)
- Login data of a user (Digitaiz customer login data).
10.8 When using websites or services that are not provided by Digitaiz, such as Wallet services or other services of third parties, Digitaiz expressly disclaims any liability for these third party services and is not responsible for them. Every Digitaiz customer fully uses these services at his own risk. Money sent to such third parties can not be returned if these parties are unwilling to do so. Digitaiz can not and will not verify the reliability of such third party providers. Digitaiz is not obligated to contact such third party providers or to solve problems with such third parties.
10.9 Digitaiz manages its platform and its deposited systems with the necessary care. Nevertheless, interruptions, errors and other problems can occur. Digitaiz assumes no obligation or liability for any damage caused by interruptions to the Digitaiz system, as such interruptions are inherent in an experimental technology field.
10.10 Every customer is aware that technology-based systems such as the Digitaiz system require maintenance and development work and that scheduled and unplanned interruptions of the service are necessary for such work. Digitaiz assumes no liability for any damage caused by such system interruptions.
11 Outsourcing of services
Digitaiz expressly reserves the right to outsource services previously rendered in one company to external contractors or service providers in Germany and abroad. Digitaiz is therefore entitled, without the written consent of the customer, to outsource business areas (eg information technology, maintenance and operation of IT systems, printing and dispatch of documents, data archiving) in whole or in part. Digitaiz is also entitled to have services provided by selected contractual partners and to disclose the necessary customer data. Digitaiz has taken appropriate technical and organizational measures to ensure the confidentiality of customer data in accordance with Liechtenstein law.
12 Jurisdiction and choice of law
All claims arising out of or in connection with these Conditions , including but not limited to performance, infringement, termination, invalidity or supplementation, as well as pre-contractual and post-contractual obligations, shall be determined exclusively by the competent court of Liechtenstein. In the course of this, the applicability of Liechtenstein law applies.