§ 1 Scope

The scope includes the activities of Walluta GmbH (“Walluta”) as a platform provider in relation to customer acquisition (acquisition), frontend (illustration of the services) and marketing (own branding and brand presence) (“platform services”), for the crypto custody activities with the crypto custody service provider Tangany GmbH, Agnes-Pockels-Bogen 1, 80992 Munich (“Tangany”) as well as the services that Walluta provides in its own name, as well as for services and offers from other partner companies in the service area of digital values and payment services such as Walluta Europe Sp. z o.o.

The contracting parties to this contract are exclusively the customer and “Walluta”. The customer concludes a separate contract for the storage of the private keys of the cryptocurrencies or the management of a shared wallet of the customer in a wallet (the “customer wallet”). The contracting parties to this contract are exclusively the customer and the crypto custody service provider Tangany. The legal relationship between the customer and Tangany is exclusively governed by the respective contractual terms, in particular the general terms and conditions of Tangany (“Tangany Terms of Use”). In the relationship between the customer and Tangany GmbH and other service partners, the customers each conclude direct contracts in accordance with the respective general terms and conditions of the respective partners. Walluta acts as a messenger here.

The sole and exclusive party responsible for the operation of the “Walluta” online media and all content held thereon is “Walluta”.

Accordingly:

Affiliate partners, other companies that offer their products and services on the WallutaGmbH website(s) by “linking to their own websites”, conclude direct and additional contracts with the respective customers in accordance with their own general terms and conditions. Walluta GmbH assumes no responsibility or liability in this regard.

§ 2 “Walluta” activity / custody structure

“Walluta” is exclusively a platform for offers from third parties who offer services in the crypto sector, including Tangany and Walluta Europe Sp.z o.o. “Walluta” (hereinafter also “intermediary”) and its representatives and vicarious agents (messengers) do not see themselves as a bank, credit organization, credit-granting company or similar. They do not conduct financial transactions and do not provide financial services within the meaning of the Banking Act.

“Walluta” does not directly or indirectly take over the custody of crypto assets. The custody of the crypto assets acquired or sold by customers via “Walluta” is carried out independently by the crypto custody service provider Tangany GmbH and Walluta Europe Sp.z o.o. as the direct contractual partner of the respective “Walluta” customer.

§ 3 Changes to the General Terms and Conditions

Changes to these General Terms and Conditions will be announced to the customer on the “Walluta” online media at least one month before the proposed date of their entry into force and offered via the email address provided by him/her. The customer is given the opportunity to save or print out changes in a legible form.

Changes notified to the customer in accordance with paragraph 1 are deemed to be approved if the customer does not object in writing within the time limit as defined in paragraph 1. “Walluta” will separately inform the customer of this approval effect when making the announcement. If the customer does not want to agree to a change offered to him/her, he/she must notify “Walluta” of the objection in writing within six weeks of the change being offered to him/her by email. If the customer does not object within the aforementioned period, the changes are deemed to have been accepted by the customer.

§ 4 Power of attorney / lien / request for information

The customer expressly authorizes “Walluta” to make declarations of intent to Tangany with regard to the custody relationship. This includes in particular the instruction to transfer the relevant crypto assets to another customer, the trading venue or another crypto custody service provider. In the event of termination of the custody agreement between the customer and Tangany, the customer authorizes “Walluta” to accept the termination of the custody agreement as an authorized recipient and to pass it on to Tangany, to take the steps provided for in the custody conditions with Tangany and to make the declarations required for this. The customer is aware that “Walluta” will generally issue corresponding declarations in electronic form via appropriate technical interfaces.

The customer and “Walluta” agree that “Walluta” acquires a lien on all current and future claims against Tangany to which the customer is entitled with regard to the crypto assets that Tangany holds in the wallet for the benefit of the customer. The lien serves to secure all existing, future and conditional claims to which “Walluta” is entitled from the contractual relationship with the customer, in particular its claims for reimbursement of expenses from the commission business, including fees, expenses and taxes incurred thereon. The customer instructs and authorizes “Walluta” to notify Tangany of this pledge on its behalf. Furthermore, it authorizes “Walluta” to obtain information from Tangany about the inventory and value of the wallet.

“Walluta” is not obliged to provide the customer with information about its current inventory of crypto assets in its wallet held at Tangany, as “Walluta” does not act as a crypto custodian for the customer. The information must be provided by Tangany.

§ 5 Cryptocurrencies

Cryptocurrencies are electronic values that are generated in a decentralized manner using a peer-to-peer network on the Internet and encrypted using digital signatures, and whose development is based on a white paper by Satoshi Nakamoto, among others. Cryptocurrencies are not an official means of payment (“money”) certified as a carrier of value by a government agency. Ownership of cryptocurrencies does not establish or prove a claim against an issuer within the meaning of Section 1 Paragraph 2 of the Payment Services Supervision Act (ZAG).

§ 6 Technical requirements

Access to the application is only possible via a web browser or an application optimized for mobile devices that runs on a computer or mobile device with an Internet connection. Other access methods are not supported.

When an account is set up with “Walluta”, all communication between “Walluta” and the customer in connection with the services mentioned in § 4 takes place exclusively in electronic form via a mailbox in the “Walluta” online media or by email, unless these General Terms and Conditions expressly state otherwise. Declarations will not be sent to the customer in paper form unless there is a legal obligation to do so. “Walluta” is therefore not liable for any damage resulting from this.

§ 7 Legal registration requirements

Natural persons who are fully legally competent can register with “Walluta”. Natural persons must have a permanent residence in the Federal Republic of Germany or in another state of the European Economic Area or in Switzerland.

§ 8 Customer’s duty of cooperation and due diligence

In order to ensure proper processing of business transactions, the customer must immediately inform “Walluta” of any changes to their name, address and email address. The customer is obliged to regularly check the messages received in their mailbox on their “Walluta” online medium and by email.

The customer can secure certain transactions using their mobile device (“cell phone”) by generating a one-time password using special apps such as Google Authenticator. “Walluta” strongly recommends that customers set up 2-factor authentication (“2FA”) for additional protection of their account. The customer is responsible for keeping their individual combination of user name and password safe. He/she must exercise all possible care and take all appropriate precautions to ensure that unauthorised persons do not gain knowledge of his/her individual combination of user name and password. In particular, the customer must not keep his/her individual combination of user name and password together with his/her other documents relating to “Walluta” or save or record them electronically or in any other form, and the customer must, if necessary, choose a personal individual combination of user name and password in such a way that they cannot be easily determined by unauthorisedpersons.

A customer who has registered (“logged in”) to the web application using his/her user nameand password must not leave the computer used to register unattended. In the event of a breach of the aforementioned code of conduct, the customer is liable for all associated risks and damages. If the customer has installed the mobile application on his/her mobile phone, he/she is obliged to provide his/her mobile phone with a code.

If the customer discovers that his/her individual combination of user name and password has become known to unauthorized persons or that his/her account at “Walluta” has been used without authorization, he/she is obliged to inform “Walluta” of this immediately and – if possible – to change the individual combination of user name and password on the “Walluta” online medium immediately. If the latter is not possible, “Walluta” will block the customer’s access to his/her account on the “Walluta” online media until further notice during normal business hours immediately after receiving and acknowledging the relevant notification and after verifying the identity.

The customer’s account can be blocked by “Walluta” at any time if unauthorized use is detected. In this case, “Walluta” will inform the customer of the necessary steps to provide unequivocal proof of its legal ownership, which is required to lift the block. If there are indications of unauthorized use of the access, “Walluta” is entitled to block the cryptocurrencies in the customer wallet so that a drain of cryptocurrencies is not possible.

The customer may only use the content published on the web application and mobile application with the written permission of “Walluta”.

§ 9 Risk information on cryptocurrencies; no investment advice or brokerage

The current value of a cryptocurrency depends on the respective number of cryptocurrencies offered and in demand on the market. The value of a cryptocurrency can depend in particular on whether and how many providers of goods or services accept the respective cryptocurrency as a means of payment. The value of a cryptocurrency is therefore, like the value of securities, derivatives or other financial instruments on the financial markets, subject to price fluctuations. Investing in cryptocurrencies is highly speculative and involves risks of loss, including total loss. Unlike money, the acceptance of cryptocurrencies as a means of payment is not guaranteed by a state central bank or, like e-money, by a private issuer. In particular, “Walluta” is not an issuer, publisher or manufacturer of cryptocurrencies and is not otherwise responsible for the cryptocurrency product. The customer acknowledges the risks mentioned and uses the “Walluta” online media at his/her own risk. The customer acknowledges that “Walluta” does not provide the customer with any investment advice or brokerage. The information provided by “Walluta” on the “Walluta” online media or in any other way does not constitute personal recommendations to the customer relating to transactions involving cryptocurrencies and based on an examination of the customer’s personal circumstances or presented as suitable for him/her. Rather, it is legally non-binding information or risk information which “Walluta” is legally obliged to provide.

§ 10 Registration

The following basic steps are required for the customer to register to use the “Walluta” online media using the web application or mobile application:

1. The customer registers on the domain www.walluta.de or a landing page of walluta.de and follows the instructions for opening the account. Verification of the email address is required.

2. This is followed by the activation of the account at “Walluta” and the creation of a crypto wallet at Tangany or Walluta Europe. This requires acceptance of the general terms and conditions of Tangany or Walluta Europe. After this, it is possible to receive cryptocurrency.

3. To send cryptocurrencies, two-factor authentication (2FA) via e.g. Google Authenticator and KYC verification by a qualified partner company or by trained “Walluta” staff is required.

4. After successfully setting up 2FA and KYC, the customer data is shared with the provider Tangany or Walluta Europe and the wallet’s “Send” function is available.

5. After successfully opening the account, the customer receives access to the “Walluta” online media.

For the customer to register to use the “Walluta” online media using the mobile application, the steps above are required, with the exception of the following:

1. The customer visits the relevant app store (Google Play or Apple App Store) and downloads the mobile application.

2. The customer registers in the mobile application and follows the instructions for opening the account. Verification of the email address is required.

By clicking on the link in the confirmation email sent to the customer, the customer confirms the identity of his/her email address. By confirming his/her registration, the customer accepts these General Terms and Conditions. The customer is obliged to use an email address for registration whose mailbox he/she has exclusive personal access to.

§ 11 Authentication for custody

The legally required data for custody activities at Tangany are collected in an upstream KYC process by the partner ID Now, Sumsub or another qualified company and made available to Tangany for the service accordingly.

§ 12 Services from “Walluta”

“Walluta” provides access to the following services via Tangany or Walluta Europe:

• Wallets including the safekeeping of crypto assets

• Sending and receiving crypto assets

• Further uses of crypto assets at Walluta Europe or other affiliate partners

“Walluta” enables the following own service

“Walluta” uses various security measures to protect the customer’s crypto assets from loss (e.g. theft by hackers). “Walluta” expressly informs the customer that “Walluta” knows or can restore the private keys of the customer’s wallet. Tangany or Walluta Europe and their service partners keep the private key safe, it is not passed on to third parties for any purpose and Tangany or Walluta Europe are liable for the loss of the crypto assets secured on it according to the general terms and conditions of Tangany and Walluta Europe. “Walluta” is therefore not liable for any damage resulting from this.

If the customer loses his/her password to the “Walluta” online portal, he/she can restore access to his/her wallet independently at any time by using the “Forgot password” function of the online portal.

“Walluta” reserves the right to change or discontinue the services offered or to add further services. “Walluta” reserves the right, in particular, to temporarily or permanently discontinue the purchase or sale of cryptocurrencies in the web application or in the mobile application.

§ 13 Other prices and costs, price and service list

The amount of all fees, charges and expenses can be found on the current website at www.walluta.de. Changes to the price and service list are possible in accordance with § 3 of these General Terms and Conditions. Unless otherwise agreed, payment of commissions, fees, charges and expenses is made by direct debit. When paying by direct debit, the customer gives “Walluta” a direct debit authorization to collect the amount from the customer’s bank account. The customer authorizes “Walluta” to use this SEPA direct debit mandate, to collect the direct debit payment from the customer’s bank account and, if necessary, instructs a partner company to collect this direct debit. The customer can revoke such a direct debit up to 8 weeks after the debit date. “Walluta” will inform the customer, together with the payment confirmation, of the amount of the direct debit and the time frame in which the direct debit will be collected. In the event of a direct debit return that the customer did not personally initiate, the customer authorizes “Walluta” to make another direct debit at a later date, provided that the customer has not already settled the outstanding amount in another way. “Walluta” will not specifically refer to the amount and time frame again before the direct debit is resubmitted.

§ 14 Data protection

The current data protection policy can be viewed at www.walluta.de/datenschutz.

§ 15 Liability of “Walluta”

“Walluta” strives to provide continuous access to the “Walluta” online media, but cannot guarantee constant availability. This applies in particular to cases of attacks on the network infrastructure, for example through so-called DDoS attacks, which can occur with varying degrees of intensity. The content provided on the “Walluta” online media makes no claim to completeness, accuracy or timeliness. The use of the content is at your own risk.

“Walluta” is not liable for damages incurred by a customer through the use of the services offered by “Walluta” or the content published there. However, this exclusion of liability does not apply in the event of intentional or grossly negligent fault on the part of “Walluta” or a vicarious agent. The exclusion of liability also does not apply to damages resulting from injury to life, body or health that are based on a breach of duty by “Walluta” or a vicarious agent. Furthermore, the liability of “Walluta” for the violation of obligations remains unaffected, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely.

§ 16 Termination rights

Both parties can terminate the business relationship with the customer with one month’s notice to the end of the quarter.

The termination can be declared in the web application or in text form to “Walluta”. “Walluta” also serves as a receiving agent for Tangany for notices of termination from the customer to Tangany. The customer’s statutory termination rights remain unaffected.

“Walluta” can terminate the business relationship without observing a notice period if there is an important reason that makes it unreasonable for “Walluta” to continue the business relationship, even taking into account the legitimate interests of the customer. An important reason exists in particular in the case of a repeated violation of these General Terms and Conditions. An important reason can also be given in the case of a one-off serious violation of the terms and conditions, for example in the case of deception or attempted deception through intentional false information by a customer. An important reason also exists if a customer revokes the consent given by “Walluta” to data collection or data use, because “Walluta” can no longer provide the service offered without storing and using the customer’s data. Termination is made by email in text form to the email address provided by the customer.

§ 17 Mutual effect and processing of termination

When the termination of the contract for the “Walluta” services takes effect, the Tanganycontract is also deemed to have been effectively terminated. Processing takes place in accordance with the specifications of the wallet provider Tangany.

§ 18 Applicable law

German law applies to the contractual relationships between the customer and “Walluta”, excluding the UN Convention on Contracts for the International Sale of Goods.

Help and complaints

It is the aim of “Walluta” to offer products and services that meet the needs of every customer. If you still have questions or want to submit a complaint to “Walluta”, we strive to process them promptly and transparently and to resolve the issue. Every customer can contact “Walluta” with a question or complaint by email: info@walluta.de .

The following may still apply:

the general terms and conditions of Tangany can be found at
https://via.walluta.de/ of Walluta Europe Sp z o.o. at www.walluta.eu

End of the general terms and conditions