1. GENERAL DESCRIPTION
2. REQUIREMENTS FOR ACQUISITION OF USER CONDITION
3. SERVICES PROVIDED BY TOKENLIST
Tokenlist provides the user through its Platform a simple and simple way of mediation for the exchange of current or fiduciary currency of legal tender (FIAT) for cryptocurrencies and vice versa, as well as the exchange of cryptocurrencies or other types of cryptocurrencies. Therefore, the purpose of these GENERAL CONDITIONS is to provide a Wallet service, which enables the user to create different electronic wallets to carry out deposit and withdrawal operations of legal tender and cryptocurrencies, conversion and transfer between the different types of cryptocurrencies. supported, the purchase and sale of cryptocurrencies, and the centralized services of the Trading Platform (hereinafter trading services), as well as other additional services to help and support the exchange of cryptocurrencies through the Tokenlist Platform. Tokenlist will be responsible for the correct provision of services through the Platform. The user agrees to use the Platform responsibly, exonerating Tokenlist from any responsibility derived from an inappropriate, erroneous or illegal use of the Platform or with the aim of committing illegal actions.
4. ENTRY INTO FORCE OF THE GENERAL CONDITIONS
The GENERAL CONDITIONS will come into force and, therefore, will be applicable to Tokenlist and the user, from the moment the following conditions are met: The user must have agreed to them by clicking the button «I have read and accept the CONDITIONS GENERAL «enabled on the Platform or in the Application. However, and in compliance with the provisions of article 28 of Law 34/2002 of July 11, Services of the information society and electronic commerce (LSSI), within a maximum period of twenty-four hours from the entry into force of the GENERAL CONDITIONS, Tokenlist will confirm the acceptance of these GENERAL CONDITIONS confirming the entry into force of the contract.
6. MODIFICATION OF THE GENERAL CONDITIONS
Tokenlist reserves the right to modify these GENERAL CONDITIONS without prior notice. The changes and modifications that are made will be notified to the users, remaining under the responsibility of the user to review these GENERAL CONDITIONS accessible at https://Tokenlist.com. For these purposes, it will be considered that the user fully accepts the new GENERAL CONDITIONS if, after a period of one month since the modification of the GENERAL CONDITIONS is made available to all users, the user has not requested to cancel or cancel the service. . The user may state during the aforementioned period that they do not agree with the changes made to the GENERAL CONDITIONS, and must request the cancellation or cancellation of the Tokenlist service.
7.LINKS TO EXTERNAL PAGES
8. MINORS OF AGE
Minors cannot use the services that Tokenlist provides through the website or Application, so any request for membership in Tokenlist by a person under eighteen (18) will be denied.
9.INFORMATION ON CRYPTOCURRENCIES
Transactions in cryptocurrencies or crypto-assets are carried out directly, without the need for an intermediary. Unlike most currencies, cryptocurrencies are not backed by any government or depend on trust in any central issuer, but uses other systems to prevent double spending and reach consensus among all nodes that make up the network. Each transaction that takes place between the users of your network is registered and a digital signature is created to avoid fraud and falsifications, being stored in the network permanently. The user has to know that the system cannot guarantee complete anonymity. Due to complex encryption and security procedures, counterfeiting or theft of cryptocurrencies is highly unlikely, but there is a risk that the procedures or software will fail. The payments made by the user in cryptocurrencies are irreversible, and computer errors in legitimate payments with cryptocurrencies are very low since the system performs checks to try to avoid it. Most of the errors in payments are caused by human error when entering erroneous data, so Tokenlist is not responsible for the transfers made by users. Tokenlist may apply, in case of errors attributable to the user, specific commissions or costs
10. INFORMATION AND DOCUMENTATION
REQUIREMENTS. Certain services of the Platform do not require the express acceptance of these GENERAL CONDITIONS as they are services or functions of free access regulated in the Legal Notice of the Tokenlist website. Users of the Platform may make use of the free access services that are made available to them from the Tokenlist website as well as all those natural or legal persons who access the website. The acquisition of the status of User for the provision of Wallet services, purchase and sale of cryptocurrencies, Nft and trading services is necessary for users to register on the Platform and contribute in accordance with Law 10/2010, of 28 April, on the prevention of money laundering and the financing of terrorism (hereinafter LPBC) certain information necessary to comply with the obligations of formal identification of the client. Depending on the service and the economic thresholds of the operations to be carried out by the user, different levels of information will be requested, in order to allow services with more functionalities and higher economic thresholds in the operations that the end user wants to carry out (see table of thresholds economic). The information requested may consist, among others, of the mobile phone number and amount of the operation, the name and surname, the username and password, the email address, the security code sent to the email or the password. security required for double authentication, profession and date of birth, as well as other possible data or information necessary according to the type of transaction selected by the user.The type of user will also determine the information to request depending on whether it is a natural or legal person, requiring information such as ID, residence card, foreign identity card or passport, invoices, videoconference, deeds, shareholding structure, accreditation of business activity , etc., in application of the provisions of Law 10/2010, of April 28, on the prevention of money laundering and the financing of terrorism and other applicable legislation if deemed appropriate. Tokenlist may at any time request more additional information in order to learn more about the purpose and nature of the user’s business relationship, and may even do so through a third party. The lack of information or the existence of indications of Money Laundering in the data provided will allow Tokenlist the immediate unilateral cancellation of the contract for the provision of services that binds them.
11. ECONOMIC AND TEMPORARY LIMITS ON OPERATIONS
Tokenlist users will be able to find information regarding the limits of the services offered, as well as the price or commissions for using them by accessing the Limits and Prices section of the web. 12. PRICE OF SERVICES.The service provided to the user through the Tokenlist Platform will generate the rates and / or commissions (they can be consulted in the commissions and limits section of the web: which will be informed to the user in each transaction, being kept in the user’s transactional history according to the LPBC for ten (10) years. The exchange rates applied are calculated in real time based on multiple variables, highlighting: Market supply Market demand Agreements with third party partners These variables result in an optimal exchange rate in time real for each of the supported currencies and that will be applied in the representations and exchanges made. The cost of the services of deposit and withdrawal of money in Tokenlist, is determined by its relations with third parties. In the event of a change in the conditions of use of the same, Tokenlist reserves the right to modify the GENERAL CONDITIONS, being able to affect the changes in said CONDITIONS GEN ERALES about its users. On Tokenlist exchange services, a commission is charged for each order posted in the Order BookCommissions will be charged in the Cryptocurrency that the user receives and will be calculated as a percentage of the number of orders. Commissions are charged per transaction and will be automatically deducted once an order is associated. If an order is considered partially an Order Maker and partially an Order Taker, an Order Maker commission will be applied to the party published as an Order Maker and an Order Taker commission to the party published as an Order Taker. The user knows and accepts that the commissions of Tokenlist Exchange may vary from time to time between the different Order Portfolios and therefore be updated. These updated fees will apply to any orders or other transactions that take place after the effective date of such updated fees. Likewise, the user knows and accepts that the commissions will be deducted from their respective Tokenlist Wallet. GENERAL CONDITIONS on behalf of the user, will be increased by the amount corresponding to how many taxes, fees and excise duties are applicable according to current legislation. It is the sole responsibility of the user to determine if, and to what extent, taxes are applied to any transaction carried out through Tokenlist, and to report or enter the correct amount of taxes to the corresponding tax authorities.
13. DURATION OF THE CONTRACT
This contract has a duration of one year from its acceptance and signature, being AUTOMATICALLY extendable for periods of the same duration, indefinitely, unless either party informs the other of its intention not to extend. However, the user may at any time request the termination of the contract. In any case, the user will not be able to terminate the contract until they have fulfilled all their payment obligations to Tokenlist.
14. TOKENLIST SERVICES
Market integrity. All executed orders are final and may not be canceled, unless i) Tokenlist is obliged to do so under applicable law or regulation, or ii) due to a substantial technical error (for example, orders or executions that do not comply with these regulations ). In the event of a technical error, Tokenlist will do everything reasonably possible and will act in good faith in accordance with industry standards to restore positions that would have been given if an error had not occurred. Cancellation of open orders. Tokenlist will have the right to cancel open orders in the following circumstances: i. orders entered by Tokenlist users that have violated the TyCG. ii. orders that involve an obvious error regarding price, quantity or other parameters; iii. If required for technical reasons or by any applicable law or regulation. Interruptions. In the event of technical errors that negatively affect the ability of a Tokenlist user to properly use Tokenlist Exchange, or prevent its use, Tokenlist reserves the right to take appropriate action with respect to one or more Order Portfolios, in particular : i. Temporarily disable the deposit or withdrawal of cryptocurrencies; ii. Cancel Open orders; iii. Deactivate the option to enter new orders (the user could only cancel the existing ones), log in, access Tokenlist or access through the APIs. Prohibitions Tokenlist users using Tokenlist Exchange will not be able to enter orders that result in self-execution (i.e. the same Tokenlist Client would act as Order Maker and Order Taker for the transaction). In such event, such orders will be rejected. If two different quantity orders result in auto-execution, the smaller order will be canceled, and the larger order will be reduced by an amount equal to the smaller quantity. The rest of the larger order will remain open. Furthermore, engaging in any type of market manipulation (including specifically, but not limited to, front-running, wash trading, spoofing, layering, churning, and quote stuffing) is prohibited. Any type of market manipulation (including actions inside and outside the Tokenlist Systems) is strictly prohibited. Market manipulation is any action taken by any market participant or person acting in collaboration with a participant whose intention is to: Scam or mislead other users, Control or manipulate the Tokenlist Exchange price or volume of a cryptocurrency, Assist , encourage, facilitate, finance, support or support any of the above actions. Tokenlist does not use hedging mechanisms or automated Tokenlist Exchange Stops in predetermined price ranges. However, as established in the sections in the above conditions, Tokenlist may, at its sole discretion, use Tokenlist Exchange Stops or adopt other measures that seem appropriate to achieve market integrity, prevent its manipulation or maintain proper functioning. of the Tokenlist Systems. Transparency and information. Tokenlist grants all Tokenlist users the same right of access to Tokenlist Exchange. In addition, all Tokenlist users receive full and real-time access to available market information displayed on the Tokenlist Exchange Platform. Market information includes the following: i. Limit orders entered in the Order Portfolios (price and quantity); ii. All executions (price, quantity and time). The Tokenlist Exchange Platform does not show Stop orders that have been entered, but have not yet been activated, nor any information about which user has entered or canceled an order. Trading risks. The User acknowledges and accepts that they must access and use the Services at their own risk. The risk of loss when trading cryptocurrency pairs and cryptocurrency and currency pairs can be considerable.Therefore, the user should carefully consider whether such a negotiation is suitable for him in light of his circumstances and financial resources. In any case, you should be aware of the following points: You may suffer a total loss of the funds in your Wallet and, in some cases, you may incur losses beyond those funds. If the market moves against your position, we may ask you to provide a substantial amount of additional market trading funds, in the short term, to maintain your position. If you do not provide the required funds within the time required by us, your position may be liquidated at a loss, and you will be responsible for any resulting shortfall in your Wallet. Under certain market conditions, it may be difficult or impossible to liquidate a position. This can occur, for example, when the market reaches a daily price fluctuation limit («limit movement»), if there is not enough liquidity in the market. Placing contingent orders, such as Stop orders, will not necessarily limit your losses to anticipated amounts, as market conditions may make it impossible to execute such orders. All cryptocurrency positions involve risk, and an «extended» position cannot be less risky than an open «long» or «short» position. Using leverage can work against you and against you, and can lead to huge profits and losses. ALL OF THE ABOVE POINTS APPLY TO ALL Cryptocurrency PAIRS AND CURRENT CURRENCY AND Cryptocurrency BUSINESSES. THIS SHORT STATEMENT CANNOT, OF COURSE, DISCLOSE ALL RISKS AND OTHER ASPECTS ASSOCIATED WITH THESE BUSINESSES. Application programming interfaces. Tokenlist may provide access to specific information and data through APIs. The user can only use them in their original and unmodified state through the Tokenlist Customer Account. After the request to create an API key is completed, you will receive an email with a confirmation link. Once you click the link in the email, you will receive the API key, which will be the only time it is displayed. If you don’t remember this API key in the future, you may need to create a new one. The user knows and accepts that the scope and the specific form of the APIs is at the sole discretion of Tokenlist, and that Tokenlist may modify or stop using the APIs at its sole discretion at any time. Tokenlist may set limits on the number of API calls that can be made, at its sole discretion. If you exceed these limits or violate any other conditions of these Tokenlist Trade or TyCG Rules, Tokenlist may moderate your activity or stop offering you access to the APIs at its sole discretion. You grant Tokenlist a worldwide, transferable, sublicensable, irrevocable, fully paid, royalty-free and non-exclusive right and license in all of your intellectual property rights to i) use your name, image or brand, including all your trademarks, logos (hereinafter referred to as the «Logos»), etc., to the extent that they are incorporated into your application and in connection with the maintenance, development and promotion of our Tokenlist services, and to ii) use, execute, show the public, reproduce, distribute, facilitate and import your application in order to provide, maintain, develop and market the services and Systems of Tokenlist. Upon termination or cessation of use of your API, and your written request, we will use commercially reasonable efforts to remove the reference to your application and any of your Logos from our Tokenlist Systems. The brands and names of Tokenlist (hereinafter, the “Tokenlist Logos”), and all intellectual property rights thereof are and will remain at all times the sole and exclusive property of Tokenlist, and will be protected by the laws and applicable treaties. All rights not expressly granted in this document will be maintained. It will be your sole responsibility to properly guarantee and keep your API keys secret. You accept full responsibility for any use of Tokenlist that is facilitated through the API keys or by any other application that you may authorize (including any activity of yours or of third parties that has access to your account information, with or without authorization). Additional Information. In order to facilitate the understanding of the use of the services provided, Tokenlist makes available to the user through its website https://www.token-list.com/ a Knowledge Base that contains additional detailed information on the processes registration, purchase and sale, as well as other information related to the affiliate program or the basic concepts about Cryptocurrencies and the Tokenlist Platform. From the link indicated in the previous paragraph at any time the user may communicate with the Tokenlist Support service to formulate the queries that he deems appropriate.
Tokenlist is obliged to: a. Attend with the greatest possible diligence all the queries that the user may order derived from the use of the services included in the website. b. Provide the service to the user in accordance with the provisions of these GENERAL CONDITIONS. c. Keep the Tokenlist Platform operational 24 hours a day, except for temporary interruptions due to web maintenance services, technical or computer problems such as internet crashes caused by any cause, computer attacks and similar situations that make it temporarily impossible to provide the service . This will be restored as soon as the incidents have been solved. d. Notify any movement that Tokenlist may consider suspicious in order to compromise the security of the user’s account, for subsequent analysis. Tokenlist is not obligated to: a. Carry out transactions that are intended to pass on to users cryptocurrencies from free deliveries or AIRDROPS, or from forks in the blockchains or FORKS. Tokenlist reserves the right to carry out this type of transaction as it deems appropriate and within the terms it deems appropriate. The user agrees to: a. Provide the information required in the forms in the cases indicated in the previous sections when making a cryptocurrency sale. b. Confirm acceptance of these GENERAL CONDITIONS by clicking the button «I have read and accept the GENERAL CONDITIONS». c. Communicate to Tokenlist all the necessary data to access and use the services that require prior identification that must be truthful, current and adjusted to reality. d. Adopt the necessary security measures, both personal and material, to maintain the confidentiality of relevant data provided by Tokenlist or its partners, as well as immediately notify Tokenlist of the loss, misplacement, theft, theft or illegitimate access on your behalf and / or your knowledge by third parties. The user expressly accepts that any use of the service made with his access credentials has been made by himself. and. Make proper use of the Services included in the Tokenlist Platform, always in accordance with the legal system. F. Not to carry out any activity that hinders or interferes with the operation of the Services, included in the Tokenlist Platform. g. To be responsible for all the operations that are made in your user account, exonerating Tokenlist of any responsibility.
The user ensures that they understand and have the necessary knowledge to use blockchain systems and services, and that they are fully aware of the risks associated with the purchase and sale of cryptocurrencies and the use of the blockchain. Tokenlist will not be responsible for any loss of cryptocurrencies or traditional currencies or situations that make it impossible to access them, which may result from any action or omission of the user. The user accepts that the purchase / sale of cryptocurrencies may involve a high risk, due to price fluctuations that may lead to the increase or partial or total loss of the investment. The user recognizes the risk involved in the sale of cryptocurrencies, so Tokenlist will not have any type of responsibility regarding the losses or gains that the user incurs when selling their cryptocurrencies to Tokenlist. Tokenlist does not provide any type of advice to the user in any area, be it tax, financial, economic, accounting, commercial or any other. Therefore, the decisions made by the user are made in a personal capacity. Cryptocurrency transactions are irreversible, so the user must take the maximum precautions when making the payment or provide a correct public address of their wallet. The user will not claim from Tokenlist any amount in virtual currency or traditional currencies that are sent from their user account. Tokenlist does not assume any type of responsibility for failures in the internet network, in the blockchains of cryptocurrencies, banks or for the attack on the software of any hacker that results in the loss or disappearance of the cryptocurrencies owned by the user. The user declares to be aware of all the risks involved in the possession of cryptocurrencies, thus exonerating Tokenlist from any responsibility for the loss of their cryptocurrencies. Any incidence in the operations of the banking entities will be the sole responsibility of the same. Likewise, any incident derived from the use of the payment methods and receipt of legal tender will be the sole responsibility of the provider. Notwithstanding the foregoing, in cases where an error may occur during the cryptocurrency purchase and sale process, the user may contact the Tokenlist support service at http://www.token-list.com.
17.EXCLUSIONS OF RESPONSABILITY
The Services offered through the Tokenlist Platform comply with the provisions of the Spanish legal system. Tokenlist is not responsible for those services that do not comply with the provisions of the legal system of other countries to which the services offered through the Tokenlist Platform could be provided. Tokenlist is released from any responsibility in case of improper use or contrary to the legal system of the Tokenlist Platform by the user. Tokenlist will not assume any responsibility for damages, losses that could be suffered as a result of events that could not have been foreseen, or that foreseen were unavoidable, either due to unforeseeable circumstances or force majeure. Tokenlist is not responsible for any failure, technical error, accident, breakdown, manipulation, interruption in the Service or any other incident that may arise in equipment or technical services other than Tokenlist whose use is necessary for the provision of the Service. Tokenlist will not be responsible in the event of unavailability of the Service due to force majeure or temporary suspension of it for technical reasons. Tokenlist does not assume any type of responsibility for improper use of the user’s access credentials, unless it has previously communicated its loss, theft or loss, in which case the user must immediately proceed to change them through the procedures that Tokenlist has established at effect. The replaced password will be canceled as a means of identification, at the same time that the new one is generated. The user expressly accepts that any use of the service made with his access credentials has been made by himself. Tokenlist is not responsible for loss of funds due to user deception by third parties, for example, a scam asking to be paid in crypto for a service that never arrives. Tokenlist prohibits the purchase of cryptocurrency on Tokenlist for a ransom payment typically required by ransomware (such as Cryptolocker). If the user is in this situation, our team invites all users to contact the police and never make the payment. The user will be responsible for the damages that may have been caused to third parties, by the data provided, with an enumerative and non-limiting nature as a consequence of the following actions: Use of data that is not updated, false or that does not correspond to reality . Use by third parties of the user’s personal passwords. Tokenlist does not recommend investing in cryptocurrencies to people who are not fully aware of the service they are hiring and correctly understand how it is being provided.
18.CESSION AND SUBROGATION
Tokenlist, if it deems it necessary, may assign or subcontract the contracts formalized with users to other entities to carry out the object of the contract as established in these GENERAL CONDITIONS.
19.MAINTENANCE AND TEMPORARY SUSPENSION OF THE SERVICE ON THE PLATFORM
20.EXTINCTION AND TERMINATION
21. NULLITY OF ANY PROVISION
22. MONEY LAUNDERING PREVENTION
In accordance with the provisions of letter z) of article 2.1 of Law 10/2010 on the Prevention of Money Laundering and Terrorism Financing, Tokenlist’s activity as a provider of virtual currency exchange services for fiduciary currency and custody of electronic wallets is subject to the aforementioned Money Laundering and Terrorism Financing Prevention regulations. Tokenlist fully complies with current regulations on the prevention of money laundering and other complementary regulations. To this end, Tokenlist informs you that said regulations require, among other obligations, to document its users, collect information on the nature of their professional or business activity and report, either at the request of the Executive Service of the Commission for the Prevention of Money Laundering and Monetary Offenses, either ex officio, of any fact or operation with respect to which there is an indication or certainty that it is related to money laundering.
23. USER ATTENTION SERVICE
The user has a User Support Service so that he can contact an agent directly at the following address: firstname.lastname@example.org
In relation to the services for the sale of cryptocurrencies or crypto-assets provided by Tokenlist, and by virtue of the provisions of article 20, section one, ordinal 18, letter m) of Law 37/1992, such mediation services are They are exempt from Value Added Tax and therefore: There will be no obligation to issue an invoice, except in the cases contained in section 2 of article 2 of this Regulation, for the following operations: a) Operations exempt from Value Tax Added, by virtue of the provisions of article 20 of its regulatory law, with the exception of the operations referred to in section 2 below. However, the issuance of an invoice will be mandatory in operations exempt from this Tax in accordance with article 20. However, the issuance of an invoice will be mandatory in operations exempt from this Tax in accordance with article 20.One.2. º, 3rd, 4th, 5th, 15th, 20th, 22nd, 24th, 25th and 28th of the Tax Law. We only issue an invoice and a copy of it in any case in operations in which the recipient is a company or professional acting as such, regardless of the tax regime to which the businessman or professional who carries out the operation is covered. For this, the client must request this invoice from Tokenlist, and within a maximum period of 60 working days it will be delivered. 25. ELECTRONIC MONEY LICENSETokenlist relies on third party e-money licenses. Tokenlist will offer, depending on the geography and the regulations that apply to the client, the banks available to operate with Tokenlist. All the information and specific conditions of the electronic money entities used can be found at the following link: https://www.token-list.com. By accepting these terms and conditions, you also accept the terms and conditions of the different electronic money entities that we use. 26. INTELLECTUAL AND INDUSTRIAL PROPERTY The Tokenlist Platform, its source code and the contents it houses are protected by national and international intellectual and industrial property regulations. They may not be exploited, reproduced, distributed, modified, publicly communicated, transferred or transformed, unless expressly authorized in writing by the holders of the rights. The design, images, labels, distinctive signs, trade name, brands, logos, products and services that Tokenlist contains are protected by Industrial Property law. Access to this Tokenlist Platform does not grant users the right or any ownership over the intellectual or industrial property rights or the content it houses. Users who access this Tokenlist Platform may not copy, modify, distribute, transmit, reproduce, publish, assign or sell the aforementioned elements or create new products or services derived from the information obtained without the express written authorization of Tokenlist.
The alteration of the content or structure of this Tokenlist Platform by the user is strictly prohibited. Tokenlist reserves the right to exercise the corresponding legal actions against users who violate or infringe intellectual and industrial property rights. Data Protection. To comply with its commercial activities and legal obligations under Royal Decree-Law 19/2018, of November 23, on payment services and other urgent measures in financial matters and Law 10/2010 of April 28, of Prevention of Money Laundering and Financing of Terrorism, Pecunia needs to collect personal data owned by the user. The personal data collected by Pecunia will be treated strictly in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016 (hereinafter RGPD), of Organic Law 3/2018, of 5 December, Protection of Personal Data and guarantee of digital rights (hereinafter LOPDGDD) and any other applicable data protection regulations. The user may exercise their rights of access, rectification, deletion, limitation, opposition and portability of their data on the personal data collected and processed in accordance with the provisions of the aforementioned regulations and must communicate their willingness to exercise any of these rights.
27. APPLICABLE LAW AND COMPETENT JURISDICTION
This contract will be interpreted and governed in accordance with current Spanish legislation. Both parties, expressly waiving any jurisdiction that may correspond to them, submit any interpretation or controversy resulting from this contract to the Courts that, according to the legal legal system, are competent. © Tokenlist Networks S.L. 2021 – Spain. All rights reserved