Termos de serviço

1. Scope of Application

CoinTracking GmbH operates a web-based service for recording and documenting crypto transactions under https://cointracking.info, including support, consulting, and mediation services. Services are available via web access and CoinTracking Apps (iOS 12+ and Android 5.0+).

These Terms of Use exclusively govern the legal relationship between CoinTracking GmbH and users. They apply even if users present conflicting terms, unless expressly agreed otherwise in writing. By registering, users acknowledge acceptance of these Terms.

Current Terms can be viewed and printed anytime on the CoinTracking website.

2. Contract Conclusion and User Obligations

Account Creation: Completing online registration creates a User Agreement. Users must create accounts with usernames and passwords (Login Data). Communication occurs via provided email addresses or account banners.

Usage Requirements: Users must use services only for contractual purposes and handle Login Data carefully. Users cannot disclose Login Data to third parties or enable unauthorized access.

Account Security: Users must take security precautions preventing unauthorized password/account access. Upon suspecting unauthorized access, users must immediately change passwords.

User Liability: Users are liable for account misuse unless not responsible for said misuse.

Profile Data: First-time registrants warrant legal age and accurate profile information. Users must immediately notify CoinTracking of email or contact data changes.

Third-Party Communications: Contractual relationships between users on Freshdesk, Discord, or forums exist exclusively between involved parties — CoinTracking GmbH is neither representative nor contractual partner.

Account Non-Transferability: User accounts cannot transfer to third parties.

Account Blocking: CoinTracking GmbH may block accounts when reasonable cause suggests Terms violations, including false registration information, third-party rights violations, service misuse, payment default, or other important reasons. Extraordinary termination rights remain available per statutory provisions.

Service Disruption: CoinTracking GmbH bears no responsibility for service disruptions resulting from user failure to fulfill contractual obligations.

3. Service Use, Support, Consulting, and Mediation

Service Provision: CoinTracking GmbH grants users limited, non-exclusive, non-transferable, non-sublicensable, revocable licenses for service use via the platform and apps for contractual purposes during the User Agreement term.

Support Services: Support includes FAQ pages, chatbots, and support desks accessible via contact forms. Support desk hours are Monday–Friday (excluding public holidays) 10:00–20:00 CET, responding within reasonable timeframes.

Consulting Services: CoinTracking offers individual consulting addressing specific user questions regarding services, transaction data import from exchanges/wallets, and imported data verification/validation. Consulting is charged at flat rates or hourly. Pricing appears in applicable price lists.

Scope Exclusions: Services exclude tax advice and investment advice.

Tax Advisor Mediation: CoinTracking mediates tax advisor connections for crypto portfolio/transaction advice. CoinTracking GmbH acts exclusively as an intermediary; a contract for tax advice is concluded exclusively with the tax advisors referred by CoinTracking GmbH. Users learn that CoinTracking receives commissions from cooperating tax advisors upon contract conclusion.

4. Services, Changes, and Force Majeure

Service Description: Service content and scope follow descriptions at /pro.php and /full_service/.

Data Connection: CoinTracking GmbH does not provide data connections between user systems and CoinTracking systems at internet transfer points.

Service Changes: CoinTracking GmbH may make short-notice changes serving service maintenance/improvement. The company may update and develop services at its discretion, changing services to reasonable extents.

Third-Party Services: CoinTracking GmbH may use third-party services fulfilling contract obligations.

Force Majeure: CoinTracking GmbH is released from performance obligations during force majeure — events recognizably outside its sphere of influence where damage couldn't be avoided through reasonable precautions. This includes natural catastrophes, war, pandemics, epidemics, industrial action, and sovereign orders.

5. Usage Fees, Consulting Fees, and Payment Terms

Fee Amount: Service use is partially chargeable. Usage fees per billing period appear in CoinTracking GmbH's current price list or individual written agreements. Current pricing appears at /pro.php.

Payment Terms: Unless otherwise agreed, usage fees invoice in advance for respective billing periods and are due immediately upon ordering without deduction. Users consent to billing data storage for evidence and legal compliance.

Support Costs: Support services are not separately charged.

Consulting Fees: Consulting remuneration appears in pricing information at /full_service/.

Pricing: All prices are gross prices including statutory VAT where applicable.

Payment Default: Non-timely fee payments constitute default. CoinTracking GmbH may charge default interest, claim additional damages, and block accounts until full payment. Extraordinary termination rights for good cause remain unaffected.

6. User Agreement Duration and Termination

Agreement Duration: Usage rights remain valid for contractually agreed periods.

Extraordinary Termination: Both parties retain extraordinary termination rights for important cause. Important cause includes:

For CoinTracking GmbH:

• User payment default exceeding 30 days for usage fees or substantial portions
• User exceeding authorized use rights, particularly providing services to unauthorized third parties
• User account inactivity exceeding 12 months

For Users:

• Service changes creating significant disadvantages

Termination Format: Termination requires written form.

Data Deletion: Usage rights expire upon User Agreement termination. CoinTracking will delete the data stored by the User 30 days after the termination of the User Agreement. Users receive opportunities to export data before agreement termination.

7. Data Storage

Storage Obligations: CoinTracking GmbH enables users to cache/store server data required for service use during User Agreements. Users have data access during the agreement term. CoinTracking GmbH provides storage space only — no safekeeping or care duties apply to user-transmitted and processed data.

Storage Limits: Available storage space follows individual agreements.

8. System Availability and Server Location

Availability Guarantee: CoinTracking GmbH ensures 99% annual average system availability. Maintenance, care, and inspection work exclude from availability calculations. CoinTracking GmbH provides advance notice of such work.

Server Location: The servers used by CoinTracking GmbH to provide the Services are located in the European Union.

9. System and Usage Requirements

User Responsibility: Users must ensure specified system requirements are met.

Technical Requirements: Desktop web service use requires standard internet browsers; mobile application use requires CoinTracking apps (iOS 12+ or Android 5.0+).

10. Warranty and Exchange/Wallet Support Limitations

Warranty Statement: CoinTracking GmbH ensures that the Services are free of material defects and defects in title at the time of initial provision. Services are materially defect-free if suitable for contractual purposes without significantly impairing functionality/operability. Title defects exist when third-party rights wholly/partially impair functionality/operability.

Import Limitations: CoinTracking GmbH does not warrant automated transaction data imports from all available exchanges, wallets, and blockchains. A regularly updated support list appears at /import/.

Third-Party Provider Data: CoinTracking GmbH is not responsible for ensuring that transaction data is provided correctly or completely by the respective provider. Services import data as providers supply it. Faulty imports may result from provider API interface/data export function errors, changes, or abolishments. CoinTracking GmbH offers custom importer options or manual data entry when automated imports aren't possible.

Remedy Rights: For significant functionality/operability impairment, CoinTracking GmbH may remedy defects and must do so unless unreasonably costly. If CoinTracking GmbH cannot remedy impairment within reasonable periods or enable contractual service use, users may demand usage fee reductions or terminate without notice.

Warranty Exclusions: CoinTracking GmbH excludes strict liability for pre-existing defects per German Civil Code Section 536a(1). No warranty applies to defects from user/third-party setting changes, improper use, or external circumstances beyond CoinTracking GmbH control (like internet connection faults).

User Support Obligations: Users must reasonably support defect identification/elimination by providing verifiable documentation of impairment nature/occurrence and immediately notifying CoinTracking GmbH of defects.

11. Consumer Right of Withdrawal

Withdrawal Right: Consumers — natural persons concluding agreements for non-commercial/non-professional purposes — may withdraw within 14 days without stated reasons. The withdrawal period begins on agreement conclusion.

Withdrawal Notification: Consumers must inform CoinTracking GmbH (Lochhamer Schlag 14, 82166 Gräfelfing, Germany, support@cointracking.com) of withdrawal via clear statement (mail/email). The model withdrawal form is optional. Consumers may complete/submit forms or statements electronically at https://cointracking.freshdesk.com/en/support/tickets/new, receiving immediate receipt confirmation.

Timely Dispatch Sufficiency: Timely withdrawal dispatch satisfies the withdrawal period.

Restitution: CoinTracking GmbH must restitute all payments received from the consumer without undue delay and at the latest within fourteen days of the day on which CoinTracking GmbH receives notification of the withdrawal. CoinTracking GmbH uses the original payment method unless expressly agreed otherwise — consumers incur no reimbursement fees. Fees directly charged by payment providers and owed to them exclude from reimbursement.

Service Commencement: If consumers request service commencement during the withdrawal period, they must pay CoinTracking GmbH a reasonable amount corresponding to provided service proportions relative to total contracted scope.

Withdrawal Period Expiration: Withdrawal rights expire if CoinTracking GmbH fully provides services after receiving express consumer consent and simultaneous confirmation of withdrawal right loss upon complete contract fulfillment.

Model Withdrawal Form

To CoinTracking GmbH, Lochhamer Schlag 14, 82166 Gräfelfing, Germany, email support@cointracking.com

I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following services (*)/Ordered on (*)/received on (*):

• Name of the consumer(s):
• Address of the consumer(s):
• Signature of the consumer(s) (only for paper notification):
• Date:

(*) Delete as appropriate

12. Liability

Unlimited Liability: CoinTracking GmbH maintains unlimited liability per statutory provisions for:

• Intent and gross negligence
• Life, body, or health injury
• Product Liability Act provisions
• Mandatory data protection law provisions
• Guarantees provided by CoinTracking GmbH

Slight Negligence (Cardinal Obligations): In the event of a slightly negligent breach of an obligation that is essential for achieving the purpose of the contract (cardinal obligation), the liability of CoinTracking GmbH shall be limited to the amount of damage that is foreseeable and typical for the type of transaction in question.

Other Slight Negligence: Liability excludes for slight negligence in all other events.

Data Loss: CoinTracking GmbH only bears data loss liability if users couldn't reasonably prevent loss through adequate backup measures.

Employee/Agent Liability: Liability limitations apply to employees, representatives, organs, and contractors' personal liability.

13. Affiliate Program

Commission Payout: CoinTracking GmbH pays out commissions to affiliates on a regular basis in cryptocurrency or by SEPA bank transfer. Terms appear at /affiliate.php.

Personal Data Requirements: CoinTracking GmbH must legally request affiliate personal data (country, city, postal code, address, email, first/last name) before payment.

Self-Account Restrictions: Affiliates cannot use affiliate links updating their own accounts, including accounts for personal purposes.

Impersonation Prohibitions: Users cannot create impressions of acting/communicating on CoinTracking GmbH behalf. They are not permitted to use the name or the trademark "CoinTracking" in their dealings with third parties. When advertising the program on social media (Instagram, Facebook, TikTok) or via Google Ads or other platforms, users cannot suggest CoinTracking GmbH conducted advertising. Users cannot operate social media accounts, fan pages, or websites under "CoinTracking" names/trademarks.

Material Modifications: Users cannot change/modify advertising materials without prior written CoinTracking GmbH consent.

Violation Consequences: Upon discovering violations, CoinTracking GmbH may immediately block platform access, terminate User Agreements without notice for good cause, and/or permanently exclude users from further affiliate program use.

Fraud Suspension: CoinTracking GmbH reserves rights to suspend affiliate payments and permanently exclude users from affiliate programs/discounts upon reasonable fraudulent behavior suspicion.

14. Data Protection

CoinTracking GmbH takes user personal data protection seriously. Details regarding data protection regulation compliance appear in CoinTracking GmbH's privacy policy.

15. Business Transfer Consent

CoinTracking GmbH may assign User Agreements and resulting rights/obligations to third parties during business transfers. Users consent to such assignments upon service registration.

16. Final Provisions

Modification Requirements: Any modification or amendment to these Terms of Use shall require the written consent of the contracting parties. This applies to clause amendments/cancellations.

Governing Law: User Agreements and service provision/use follow Federal Republic of Germany law, excluding UN Convention on Contracts for International Goods Sales.

Jurisdiction: CoinTracking GmbH's registered office is the exclusive dispute jurisdiction for all issues arising from/relating to User Agreements and service provision/use.

Severability: Individual provision invalidity doesn't affect remaining provision validity. Wholly/partially invalid provisions are replaced by provisions matching the invalid provision's economic purpose as closely as possible.

Last Updated: July 12, 2024

Questions regarding Terms of Service should be sent via our contact form.