Walluta

Walluta GmbH
September, 2023

§ 1 Scope
The scope includes both the activities of Walluta GmbH (“Walluta”) as a platform provider with regard to customer acquisition (acquisition), frontend (display of the services) and marketing (own branding and brand appearance) (“platform services”), for the crypto custody activities with the crypto custody service provider Tangany GmbH, AgnesPockelsBogen 1, 80992 Munich (“Tangany”) as well as the services that Walluta provides in its own name. The contractual partners of 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 contractual partners of this contract are exclusively the customer and the crypto custody service provider Tangany. The respective contractual conditions apply exclusively to the legal relationship between the investor and Tangany, in particular the Tangany General Terms and Conditions (“Tangany Terms of Use”). “Walluta” is entirely and solely responsible for the operation of the “Walluta” online media and all
content contained therein.

§ 2 “Walluta” activity / custody structure
“Walluta” is exclusively a platform for thirdparty offerings that offer financial services and services in the crypto sector, including Tangany. “Walluta” (hereinafter also “agent”) and its representatives and vicarious agents do not see themselves as a bank, credit organization, loangranting company or similar. They do not conduct any financial transactions and do not provide any financial services within the meaning of the Banking Act. “Walluta” does not take over the custody of the crypto assets either directly or indirectly. The crypto assets purchased or sold by customers via “Walluta” are stored independently by the crypto custody service provider Tangany 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 no later than one month before the proposed effective date and offered via the email address provided by the customer. The customer is given the opportunity to save or print out changes in a readable form.
Changes communicated to the customer in accordance with paragraph 1 are deemed to have been approved if the customer does not raise an objection in text form in a timely manner within the meaning of paragraph 1. “Walluta” will inform the customer separately about this approval effect when it is announced. If the customer does not agree to a change offered to him/her, he/she must notify “Walluta” of the objection in text form 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 regarding the custody relationship. This includes, specifically, instructions to transfer the crypto assets in question to another customer, the trading platform 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 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 necessary declarations 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 that the customer is entitled to 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 that “Walluta” is entitled to from the contractual relationship with the customer,
in particular its claims for reimbursement of expenses from the commission business, including applicable fees, expenses and taxes. The customer instructs and authorizes “Walluta” to notify Tangany of this pledge on his behalf. He also 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 his current holdings of crypto assets in his wallet held at Tangany, as “Walluta” does not act as 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 on the Internet using a peertopeer network and are encrypted based on digital signatures and whose development is based on a white paper by, among others, Satoshi Nakamoto . Cryptocurrencies are not an official means of payment (“money”) that is certified by a government agency as a medium of value. The ownership of cryptocurrencies does not constitute or prove a claim against an issuer within the
meaning of Section 1 Paragraph 2 of the Act on the Supervision of Payment Services (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 otherwise expressly stated in these General Terms and Conditions. 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 have full legal capacity can register with “Walluta”. Natural persons must have a permanent residence in the Federal Republic of Germany or in another country of the European Economic Area or in Switzerland.

§ 8 Customer’s obligations to cooperate and exercise due care
In order to conduct business transactions properly, it is necessary for the customer to immediately notify “Walluta” of any changes to his/her name and address as well as his/her email address. The customer is obliged to regularly check the messages received in his/her mailbox on his/her “Walluta” online medium and by email. The customer can use his/her mobile device (“mobile phone”) to secure certain transactions by generating a onetime password using special apps such as Google Authenticator. “Walluta” strongly recommends that customers set up 2factor authentication (“2FA”) for additional protection of their accounts. The customer is responsible for the safekeeping of his/her individual combination of username and password. He/she must exercise all possible care and take all appropriate precautions
to ensure that unauthorized persons do not become aware of his/her individual username and password combination. In particular, the customer may not keep his/her individual combination of username and password together with his/her other documents relating to “Walluta” or store or record it electronically or in any other form, and the customer may have to provide a personal, individual combination. Choose the combination of username and password in a manner that they cannot be easily determined by unauthorized persons. A customer who has logged in (“logged in”) to the web application with his/her username and password may not leave the computer used to log in unattended. If these conduct guidelines are violated, the customer is liable for all associated risks and damages. If the customer has installed the
mobile application on his/her cell phone, he/she is obliged to provide his/her cell phone with a code. If the customer discovers that his/her individual combination of username and password has become known to unauthorized persons or that his/her “Walluta” account has been used without authorization, he/she is obliged to inform “Walluta” of this immediately to notify us and if possible  to immediately change the individual combination of username and password on the “Walluta”
online medium. If the latter is not possible, “Walluta” will immediately block the customer’s access to his/her account on the “Walluta” online media during normal business hours after receipt and acknowledgment of the relevant notification and after verification of the identity until further notice. 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 about the steps necessary to unequivocally prove his or
her legal ownership, which is necessary for the block to be lifted. If there are indications of unauthorized use of the access, “Walluta” is entitled to block the cryptocurrencies in the customer wallet so that an outflow of cryptocurrencies is not possible. The customer may only use the content published on the web applicatio n and mobile application with the written permission of “Walluta”.

§ 9 Risk information about cryptocurrencies; no investment advice or brokerage
The current value of a cryptocurrency depends on the number of cryptocurrencies offered and in demand on the market. The value of a cryptocurrency can depend on whether and how many providers of goods or services accept the respective cryptocurrency as a means of payment. The value of a cryptocurrency, like the value of securities, derivatives, or other financial instruments on the financial markets, is 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 neither guaranteed by a state central bank nor, like
electronic money, by a private issuer. Explicitly, “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 or 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 the provision of personal recommendations to the customer relating to transactions with cryptocurrencies and does not relate to an audit based on the customer’s personal circumstances or presented as suitable for him/her. Rather, it is legally nonbinding information or risk warnings that “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 walluta.de landing page and follows the instructions for opening the account. Verification of the email address is required.
2. This is followed by activating the account at “Walluta” and creating a crypto wallet at Tangany. This requires acceptance of Tangany’s General Terms and Conditions. It is then possible to receive cryptocurrency.
3. To send cryptocurrencies, twofactor authentication (2FA) via, for example, Google Authenticatorand KYC verification by the partner ID Now or by the trained staff of “Walluta” are required.
4. After successfully setting up 2FA and KYC, the customer data is shared with the provider Tangany and the “Send” function of the wallet is available.
5. After successfully opening the account, the customer receives access to the “Walluta” online
media.
In order for the customer to register for the use of the “Walluta” online media via the mobile application, the corresponding steps are required as above, with the exception of the following:
1. The customer visits the respective 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 fo r opening the account. Verification of the email address is required.
By accessing 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. When registering, the customer is obliged to use an email address whose mailbox only he/she has personal access to.
§ 11 Authentication for safekeeping
The data required for custody at Tangany is collected in an upstream KYC process by the partner ID Now and made available to Tangany for the service.
§ 12 Services from “Walluta” “Walluta” provides access to the following services via Tangany:
• Wallets including the storage of cryptocurrencies
• Sending and receiving cryptocurrencies

“Walluta” enables the following services of its own.
 
“Walluta” uses various security measures to protect the customer’s cryptocurrencies from loss (e.g. theft by hackers). “Walluta” expressly informs the customer that “Walluta” knows or can recover the private keys of the customer wallet. Tangany alone stores the private key; it will not be passed on to third parties for any purpose and Tangany is solely liable for the loss of the cryptocurrencies secured thereon in accordance with Tangany’s general terms and conditions. “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 independently restore access to his/her wallet at any time by using the “forgotten password” function of the online portal. “Walluta” reserves the right to change or discontinue the services offered or to add additional
services. In particular, “Walluta” reserves the right to temporarily or permanently stop the purchase or sale of cryptocurrencies in the web application or in the mobile application. 

§ 13 Other prices and costs, list of prices and services
The amount of all fees, charges and expenses can be found on the current website at www.walluta.de. Changes to the list of prices and services are possible in accordance with Section 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 custome r gives “Walluta” a direct debit authorization to collect the amount from the customer bank account. The customer authorizes “Walluta” to use this SEPA direct debit mandate, to collect the direct debit payment from the customer bank account and, if necessary, instructs a partner company to honor 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 return direct debit that the customer did not initiate personally, the customer authorizes “Walluta” to carry out another direct debit at a later date, provided that the customer has not already settled the outstanding amount in another way has. Before the direct debit is resubmitted, “Walluta” will not specifically indicate the amount and time frame again.

§ 14 Data protection
The current privacy policy can be viewed at www.walluta.de/privacypolicy.

§ 15 Liability of “Walluta”
“Walluta” strives to provide continuous access to the “Walluta” online media, but cannot guarantee constant availability. This particularly applies to cases of attacks on the network infrastructure, for example through socalled DDoS attacks, which can occur in different strengths. The content provided on the “Walluta” online media makes no claim to be complete, correct or up to date. You use the content at your own risk. “Walluta” is not liable for any damage that a customer incurs as a result of using 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 negligence 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 breach of obligations, the fulfillment of which enables the proper execution of the contract and on whose compliance the customer can regularly rely, remains unaffected.

§ 16 Termination rights
Both parties can terminate the business relationship with the customer by giving 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 receptionist 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 if there is a repeated violation of these general terms and conditions. An important reason can also be given in the event of a oneoff serious violation of the terms and conditions, for example in the case of deception or attempted deception by intentionally providing false information from a customer. An important reason also exists if a customer revokes the consent given by “Walluta” to data collection or data use, as “Walluta” can no longer provide the service offered without storing
and using the customer’s data. Termination takes place by email in text form to the email address provided by the customer.

§ 17 Mutual effect and processing of the termination
When the termination of the contract for the “Walluta” services takes effect, the Tangany contract ialso deemed to have been effectively terminated. Processing takes place according to 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 goal 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 aim to process them promptly and transparently and clarify the issue. Every customer can contact “Walluta” with a question or complaint by email: info@walluta.de 
The following may still apply:
Tangany’s general terms and conditions can be found at
https://via.walluta.de/..

End of Terms and Conditions

General Terms and Conditions