1.1 The digitaiz.li platform is provided by Digitaiz GmbH from Schaan, Liechtenstein. These general terms and conditions ("Conditions”) Apply exclusively and for all transactions, contracts and business relationships with Digitaiz GmbH (“ Digitaiz ”). In particular, they apply to transactions and business relationships that are carried out on the Digitaiz online or electronic platform (https://digitaiz.li & https://onboarding.li).
1.2 Digitaiz does not accept any other conditions (general terms and conditions or other terms and conditions) of its customers, contractual partners or other business partners. Digitaiz thus excludes any implicit acceptance of terms and conditions of other parties for any business, contract or business relationship from and with Digitaiz.
1.3 Digitaiz only enters into a business relationship with fully legally competent persons and only concludes contracts with them. Persons who are among these Conditions entering into a business relationship with Digitaiz and concluding contracts expressly confirm their full legal capacity.
1.4 A Digitaiz customer accepts and confirms with every transaction in accordance with these Conditionsthat he's the Conditions accepted in the current version.
1.5 Should one or more provisions of this Conditions be or become wholly or partially ineffective, void or unenforceable, the validity, effectiveness and enforceability of the remaining provisions of these provisions shall become Conditions not affected by it. In particular, the main obligations of the parties according to these remain Conditions unaffected thereby. An ineffective, void or unenforceable provision of this Conditions will - as far as legally permissible - be replaced by such a legally effective, valid and enforceable provision that comes closest to the legally and economically pursued purpose.
1.6 Changes and additions to this Conditions, including this clause, can be made by Digitaiz at any time. The new Conditions are published on the Digitaiz website “digitaiz.li” and customers will be informed about changes to 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 to the change, he has the right to terminate the contract with Digitaiz with a notice period of one month from the corresponding declaration.
1.7 The Conditions exclusively regulate the relationship between Digitaiz customers and Digitaiz. They replace all previous declarations or agreements. Digitaiz accepts the general terms and conditions (Conditions) from Digitaiz customers. This Conditions from Digitaiz customers are not applicable to the relationship between Digitaiz customers and Digitaiz.
1.8 A failure by Digitaiz at any time to obtain a right or remedy under the Conditions enforcing or exercising does not constitute a waiver. It does not prevent Digitaiz from later enforcing or exercising such a right or remedy. A valid waiver of such rights and remedies is expressly made in writing.
1.9 Digitaiz and Digitaiz customers agree to use German or English for their communication.
2 digitaiz customer
2.1 People who want 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
• Confirmation of residence
• ID Front / ID Back or passport
• Selfie with ID Front or passport
2.2 For amounts from 5000 CHF A video comparison must be carried out for successful registration. Digitaiz has this video comparison from 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 comparison is used to check or verify the identity of the user. Except for Digitaiz GmbH and 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 framework conditions for security requirements. This includes in particular AML considerations. These requirements can change at any time if the legal framework changes.
2.4 Every Digitaiz customer undertakes to keep his password details safe, to keep them to himself, to only act for himself and to open the account with Digitaiz only for himself. It is forbidden to give a third party access to the Digitaiz account.
2.5 Depending on the local legal framework, Digitaiz can exclude people from Digitaiz services in different countries. Currently, people who are US citizens or resident in the United States or who have a green card issued by a US agency are not allowed to become Digitaiz customers for regulatory reasons.
2.6 A Digitaiz customer must ensure the timely execution of contracts and refrain from any activities that could frustrate or endanger such timely execution.
2.7 A Digitaiz customer must update his contact details (name, postal address and email address) immediately via the Digitaiz platform or notify Digitaiz by registered mail. Every Digitaiz customer knows and accepts that Digitaiz always uses the most recently announced e-mail address and the most recently announced postal address and that every message delivered to this e-mail or postal address is deemed to have been delivered lawfully.
2.8 To verify and establish identity, Digitaiz requires certain information from people who intend to become a Digitaiz customer (see Art. 2.1). Every Digitaiz customer is aware of this and hereby accepts that Digitaiz can decide at its own discretion when a Digitaiz customer must deliver copies of passports and other documents required by law or in the data protection regulations. If the Digitaiz customer is a legal person, copies of company register extracts (or comparable documents) and other documents required by law can be requested.
3.1 Digitaiz offers a platform for buying, selling and storing blockchain-based information units, so-called tokens. The range of tokens that are traded on the Digitaiz platform (digitaiz.li) can be changed by Digitaiz at any time and at its own discretion.
3.2 Purchase and sale by Digitaiz take place exclusively in the following manner. Deviations from this process must be agreed in writing:
• The customer registers on the Digitaiz platform (wwwcryptoz.li), gives his personal details and loads ID or pass up.
• The customer selects a package with cryptocurrencies and orders it.
• Digitaiz checks the registration. The customer is approved if the check is successful.
• The customer receives the bank details by email. Payment is made by transfer to the Digitaiz bank account in Liechtenstein.
• The crypto currency desired by the customer is bought and then stored securely in a wallet.
• The wallet is sent to the customer via secure online delivery.
• The customer prints out or saves the wallet and keeps it in a safe place.
3.3 Digitaiz publications on the Digitaiz platform such as prices, numbers, numbers or other relevant information (via websites or in any other way) are in no case offers, binding offers or guarantees for an exchange / purchase / sale, but always only to be understood as invitations to Digitaiz customers to submit an offer.
3.4 Delays in processing offers on the Digitaiz platform can occur due to unforeseeable technical faults. Digitaiz therefore does not guarantee that the offer will be processed immediately, nor is there any liability associated with Digitaiz, in particular with regard to price changes, ratings or other conditions relating to the tokens or services offered.
3.5 Digitaiz customers are aware that there can be considerable delays when sending tokens to the respective wallet. Digitaiz is not liable for any damage suffered by Digitaiz customers from such delays.
3.6 Digitaiz offers the creation of a so-called paper wallet on its platform. The tokens purchased by the customer are secured in this wallet. Immediately after the token has been purchased by Cryptoz and secured in a paper wallet, the customer's access data to his wallet is made available via Securesafe. The customer is aware that after receiving the access data, he has seven days to download or print out his paper wallet. The customer is also aware that Cryptoz has the right to delete the wallet after 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 Only one account is allowed per Digitaiz customer. The creation of multiple accounts is strictly forbidden. If another account is created in addition to the first account of the Digitaiz customer, Digitaiz has the right to block this and keep it blocked. In such a case, Digitaiz is entitled to charge an administration fee of EUR 100.00 to be charged.
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 the blocking, reversal, suspension of transactions or withdrawal from the contract:
4.2.1 If Digitaiz becomes aware of an official investigation against a Digitaiz customer in relation to fraud, terrorist financing, money laundering, tax fraud or any other violation of relevant laws in any country.
4.2.2 if a Digitaiz customer fulfills his obligations Conditions hurt.
4.2.3 if a Digitaiz 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 with Digitaiz.
4.2.5 if a Digitaiz customer violates the rule of sole use of a payment service account or has used a third party bank account, credit card, etc.
4.2.6 if a customer Digitaiz has used an account without legal entitlement to use this account.
4.2.7 if a Digitaiz customer provides false information about his identity via his Digitaiz customer account or his account with a payment service provider.
4.2.8 a Digitaiz customer significantly violates the payment rules according to Conditions violated 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:
- offered amount 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 tender from the customer to Digitaiz and from 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 carried out by Digitaiz within the Digitaiz system.
5.5 Final payments or services must be paid for by the Digitaiz customer immediately after the binding order.
5.6 Digitaiz has the right to change accepted payment methods at its own discretion.
5.7 Digitaiz customers must fully meet the data disclosure requirements as part of the payment processes, especially when paying by SEPA. If a Digitaiz customer does not meet these disclosure obligations, Digitaiz cannot match the payment with the corresponding Digitaiz customer account. As a result, Digitaiz has to start a manual tracking process, for which Digitaiz charges the Digitaiz customer a processing fee.
5.8 A completed transaction cannot be reversed as soon as the transaction appears in a blockchain network / network outside the Digitaiz system. Each Digitaiz customer confirms and accepts that Digitaiz cannot stop the process from this point on. Furthermore, Digitaiz has no influence on whether the Digitaiz customer has access to the transferred tokens and the most recently announced wallet address or not.
5.9 When the token is transferred from the Digitaiz system to the customer's wallet, the risk, in particular the risk of expiry and loss, is transferred to the Digitaiz customer.
6 right of withdrawal
Every Digitaiz customer acknowledges that, in accordance with Art. 19 Para. 1 let. l of the Distance and Foreign Business Act (FAGG) has no right according to Art 12 para 1 FAGG to withdraw from the concluded contract. This enables Digitaiz to deliver blockchain-based digital information units (tokens) before the right of withdrawal expires. Digitaiz transmits to the respective Digitaiz customer immediately after the conclusion of the contract (after CCOFA) A confirmation of the concluded contract in accordance with Art. 6 Paragraph 2 FAGG.
Digitaiz fulfills the data protection provisions of the General Data Protection Regulation as part of the agreed service provision (GDPR), also General Data Protection Regulation (GDPR) called. In accordance with Article 13 GDPR 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 is stored in accordance with the Liechtenstein Due Diligence Act and the Liechtenstein Due Diligence Ordinance and is not used for any other purposes, provided that the Conditions nothing else is expressly formulated. On provisions that the processing of personal data of customers by third parties (by receipt by Digitaiz as well as processing according to the provisions of the Conditions stated purposes and modalities) is expressly referred to; see Articles 2.2 and 10. The customer has the right to receive information about his processed data. This information includes the processing purposes, the categories of personal data, the categories of recipients and the planned storage period. The customer also has the right to correction, deletion, restriction of data processing and data transfer under the conditions of the corresponding provisions in the GDPR and taking into account the restrictions on these rights under the GDPR and the Liechtenstein Data Protection Act. If the customer is of the opinion that the processing of his personal data is not compatible with the applicable data protection regulations, he has the right to lodge a complaint with the Liechtenstein data protection office.
8 money laundering
Sanction lists, watch lists and blacklists keep data on natural and legal persons with a potential money laundering risk. For PEPs, i.e. politically exposed persons, there are increased duties of care. Digitaiz therefore checks as part of the registration process (KYC Process), whether new or existing customers PEP- or sanction lists. Digitaiz customers are aware of this and you agree to it.
10.1 Digitaiz is only liable to companies, customers or other persons for intentionally caused direct and foreseeable damage if they were caused negligently by Digitaiz.
10.2 Digitaiz is in no way liable for indirect damage, consequential damage, in particular not for software damage to others, lost profit, pure property damage to Digitaiz customers or damage to third parties.
10.3 Digitaiz is in particular not liable for damage caused by interruptions in the Digitaiz system, which are necessary for maintenance work or to avoid network disruptions
• are and / or caused by unavoidable events beyond the control of Digitaiz
• (e.g. disruption of the energy network; regulatory involvement or on-site visits; strikes, unrest, environmental damage such as earthquakes, storms, etc .; wars or national or international
• Armed and armed conflicts; international or national sanctions against certain products, services, persons, countries; legal restrictions on blockchain-based digital
• Information units at any time and anywhere in the world; Network disruptions, computer failures or the criminal machinations of third parties.
10.4 Digitaiz does not guarantee that the security certificates displayed on the Digitaiz platform (digitaiz.li) are absolutely secure.
10.5 Digitaiz is not liable for the loss of customer data that is outside the reach of Digitaiz. A Digitaiz customer will be 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 from Digitaiz customers about their private keys for transactions in or from the Digitaiz system,
- transactions into 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 third-party services, Digitaiz expressly rejects any liability for these third-party services and is not responsible for them. Every Digitaiz customer uses these services entirely at his own risk. Funds sent to such third parties cannot be returned if those parties are unwilling to do so. Digitaiz cannot and will not check the reliability of such third party providers. Digitaiz is not obliged to contact such third parties or to solve problems with such third parties.
10.9 Digitaiz manages its platform and its stored systems with the necessary care. Even so, interruptions, errors, and other problems can occur. Digitaiz assumes no obligation and no liability for damage caused by interruptions in the Digitaiz system, as such interruptions are inherent in an experimental technology area.
10.10 Every Digitaiz customer is aware that technology-based systems such as the Digitaiz system require maintenance and development work and that planned and unplanned service interruptions are necessary for such work. Digitaiz assumes no liability for damage caused by such system interruptions.
11 Outsourcing of services
Digitaiz expressly reserves the right to outsource services previously provided by a company to external contractors or service providers in Germany and abroad. Digitaiz is therefore entitled to outsource business areas (e.g. information technology, maintenance and operation of IT systems, printing and sending documents, data archiving) in whole or in part without the customer's written consent. Digitaiz is also entitled to have services performed by selected contractual partners and to disclose the customer data required for this. Digitaiz has taken suitable 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 result, including but not limited to the fulfillment, violation, termination, invalidity or addition, as well as pre- and post-contractual obligations, are decided exclusively by the competent court for Liechtenstein. In the course of this, the applicability of Liechtenstein law applies.