Website Terms of Use

These are the terms of use of the website of Cryptaine GmbH, hereinafter referred to as “Cryptaine”. Cryptaine asks you to take the time to read this information carefully.

ACCEPTANCE OF TERMS AND CONDITIONS

These Cryptaine Website Terms and Conditions (“Terms”) govern all Cryptaine websites (“Site”), any use of the Site and all products and services (see 2. Use of CRY Site for definition of “Products and Services”) provided by Cryptaine.

By accessing, visiting or otherwise using the Site and the Products and Services, you agree to be bound by these Terms and Conditions. Cryptaine reserves the right to update the Terms at any time without prior notice. The current version of the Terms can be reviewed by clicking on the “Terms and Conditions” hyperlink located at the bottom of our Site.

All rights and uses of products, services and designs not expressly licensed or otherwise granted by Cryptaine are exclusively reserved and remain the sole property of Cryptaine.

Important: All data, including structured finance and other financial and statistical data, contained and accessible on the Cryptaine platform or provided by CRY are derived from publicly available sources and therefore Cryptaine cannot validate or assume responsibility for the accuracy or reliability of such information. Any use of and reliance on the content, rating tools, credit information, statistics, models, ratings, systems, controls, features, data, databases, tools, products and services provided by Cryptaine is entirely at the user’s own risk. Any result from the use of the Cryptaine platform is not a guarantee or indication of accuracy or a prediction of any other result from products and services provided by Cryptaine or any other third party, financial institution, professional, service provider, authority, agency or body. Accordingly, the user releases Cryptaine from any liability for such reliance or use of the platform, site, products and services to the extent permitted by law. By using the Cryptaine platform, the user agrees to this.

USE OF THE CRYPTAINE SITE

Cryptaine is committed to providing a safe and positive experience for all users of the site. To achieve this, Cryptaine requires all users to comply with the following rules without exception when using and accessing information on the Cryptaine site.

Cryptaine may provide you with access to a variety of customised and unique resources, information, products, monthly subscriptions and/or services (in all forms including credit rating information, structured product information, tools, industry and publicly available data, software, support services, data services and facilitation services and any other products and services that may be added or made available by Cryptaine from time to time (collectively the “Products and Services”). The Products and Services, including any updates, enhancements, modifications, new features and/or the addition of new properties or web properties, are subject to the Terms and Conditions and are exclusively owned and controlled by Cryptaine.

When using the Cryptaine site and the products and services, you must comply with all applicable laws, including the laws of your jurisdiction, applicable to the site, federal, state, local, including the laws regarding the transmission and receipt of technical and personal data.

You also agree not to:

• Display, publish, disseminate, transmit, receive, represent or store any obscene or inappropriate content.
• Threaten, harass, stalk, defame or defraud any person or entity.
• Violate any copyright, trademark or other applicable intellectual property law.
• Advertise, promote, endorse or market, directly or indirectly, any third party’s commercial products, services, solutions or other technologies.
• Attempt to collect, store or publish personally identifiable information (a) without the owner’s knowledge and consent, or (b) that is illegal, offensive or obscene, or (c) of a minor under any circumstances.
• Distribute any unsolicited, unwanted or harassing emails or other messages, promotions, advertisements or solicitations (“Spam”).
• Send deceptive or false source identification information, including “spoofing”, “phishing” or other unreliable information.
• Access or use any application, system, service, tool, data, financial, account, network or content without authorisation or for purposes other than those intended.
• Disable, interfere with, bypass, disrupt or otherwise violate the security of the Site or the users of the Site.
• Attack, misuse, interfere with, intercept, disrupt or exploit any user, system or service, however accomplished and notwithstanding anything to the contrary in these Terms, including but not limited to denial of service (DoS), monitoring, crawling, spamming, using bots or scripts, or distributing malware (such as viruses, Trojan horses, worms, spyware or adware).
• Engage in or promote any illegal or criminal activity, including but not limited to child pornography, gambling or piracy.
• If you breach these terms and conditions, your access to the Site and our products and services may be terminated immediately and without notice and, where appropriate, the relevant legal and regulatory authorities may be notified and legal action may be taken.

PRIVACY POLICY

Cryptaine’s Privacy Policy describes how Cryptaine protects your privacy and handles your personal information (where applicable) when using the Cryptaine Site, Products and Services. By using the Site, Products and Services, you agree that Cryptaine may use such information in accordance with Cryptaine’s policies. Please see our Privacy Policy for more information.

USER ACCOUNTS AND PROFILES

In order to access certain services or features of the Site, you may be required to create an account, a profile and access the online platform. Cryptaine may also offer you access to certain products and services, content providers, publicly available and collected information, upgrades and features of the Site for which a fee may be charged. In such situations, or when using other Cryptaine products and services as part of the Site, additional Cryptaine terms or requirements may apply and these additional terms will become part of your agreement with Cryptaine.

In the event of any conflict between such additional terms and these Terms, the additional terms shall prevail.

If any products and services on the Site require you to open an account or create a user profile, the information you provide must be truthful and accurate. User accounts, profiles, usernames and passwords are associated with one person only and you agree that you will not allow access to any other person or entity at any time and that you will not access the account, profile, username or password of any other person or entity at any time. You must notify Cryptaine immediately of any unauthorised use of your account or any other breach of security of which you are aware or should reasonably be aware.

Cryptaine may, at its sole discretion, (i) reject or remove anything you post or publish, (ii) restrict, suspend or terminate your access to any or all of the Site and the Products and Services (in accordance with these Terms), or (iii) cease to provide and maintain the Site and the Products and Services (in accordance with these Terms), at any time, for any or no reason, with or without prior notice, and without any liability on CRY or our third party suppliers or, where applicable, their suppliers (in accordance with these Terms). In doing so, Cryptaine may retain or delete any information or content you have provided or stored in accordance with applicable law and our Privacy Policy.

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OUR WEBSITE CONTEN

General content

The Cryptaine Site contains content that is owned, operated, licensed and/or controlled by CRY and is protected by copyright, trademark, trade secret or other proprietary rights (“Site Content”). Cryptaine or its licensors retain all rights to such Site Content as it relates to the Site. Cryptaine grants you a limited, revocable, non-sublicensable right to view the Site Content solely for your internal use of the Site. In addition, certain Site Content may include, but is not limited to, icons, interactive design software, photographs, white papers, product documentation and information, technology overviews, video and instructional content, social media content, and implementation guides. These materials may be used in limited circumstances in strict accordance with our policies and are for reference purposes only. The Site content is not intended to be, and does not constitute, advice (financial, legal, professional, tax or otherwise) or recommendations regarding products and services or the use of such products and services.

The trademarks, logos and service marks (“Marks”) displayed on the Cryptaine Site and on the products and services are the property of Cryptaine or other third parties associated with Cryptaine . “Cryptaine ” is a registered trademark of Cryptaine and/or its affiliates. You are not permitted to use any trademark without the prior written consent of Cryptaine or the third party that owns the trademark. Any such consent granted may be revoked by Cryptaine at any time and for any reason, notwithstanding any agreement to the contrary.

Any rating does not: (i) take into account the personal objectives, financial situation or needs of any individual user; or (ii) constitute financial or investment advice or a recommendation or an offer or solicitation to buy or sell any investment mentioned and is only one of the factors that investors may or should consider in making a decision about the rated entity. The ratings are not intended for use by any person as a benchmark as that term is defined for regulatory purposes and must not be used in any way that could result in them being considered as a benchmark.

Throughout the period during which the ratings are valid, Cryptaine monitors the issuer’s performance (in accordance with our privacy policy) through public sources and information provided by the issuer/sponsor, and in the event of a material development, Cryptaine may bring forward the date of the review, unless a point in time rating is specified.

Ratings are assigned on the basis of information gathered from a variety of sources that Cryptaine believes to be reliable, including the entity being rated or whose financial obligations are the subject of the rating. Cryptaine has measures in place to ensure transparency, credibility and independence and to ensure that rating classifications are not influenced by conflicts of interest. In addition, Cryptaine has measures in place to ensure that, to the extent possible in the circumstances, it has obtained adequate verification of the information it uses in assigning a rating and that such information is derived from reliable sources. Notwithstanding the foregoing, if Cryptaine is not satisfied with the quality of the information it receives, it will decline to assign a rating and reserves the right to do so. The assignment of a rating should not be considered as a guarantee of the accuracy, completeness or timeliness of the information relied upon in connection with the rating or of the results obtained from the use of such information.

Ratings

‍The use of ratings and any other information on the Site is entirely at the user’s own risk. The credit ratings assigned by Cryptaine only represent an opinion on the ability and willingness of an entity or the ability of a transaction to make all required interest and principal payments on a given obligation in a timely manner.

Cryptaine also assigns non-credit ratings, which are identified by their definition and the use of specific modifiers and/or rating scales. Where Cryptaine assigns solicited and unsolicited ratings, these are clearly distinguished as solicited or unsolicited.

Cryptaine will provide the entity being rated or whose financial obligations are being rated (the “Issuer”) with the documents supporting the rating to be assigned, thus giving the Issuer the opportunity to clarify or correct factual details. Cryptaine also gives the issuer the possibility to appeal against a rating assigned by Cryptaine, provided that this appeal is supported by additional reliable information not taken into account in the original rating.

Ratings are inherently forward-looking and involve assumptions and predictions about future events that, by their nature, cannot be verified as facts and may be affected by future events or conditions that were not anticipated and are beyond the control of the economy, the company and Cryptaine at the time a rating is issued or confirmed. Cryptaine retains editorial control of its publications relating to the ratings assigned and reserves the right to modify, remove or discontinue these ratings or their outlooks at any time;

the assignment, publication or dissemination of a rating by Cryptaine does not constitute consent by Cryptaine to be named as an expert, adviser or otherwise in connection with any registration statement or prospectus filed under the United States securities laws, the Financial Services and Markets Act 2000 of the United Kingdom or the securities laws of any other applicable jurisdiction.

Content of Software, Products and Services

‍Software, products and services, in both source, tangible and binary form, sample code, APIs, SDKs, software (and where applicable hardware) related documentation, data, product and service designs, logos, manuals and technical specifications, survey reports and all other related materials (collectively “Software and Service Content”) may be available for download or other means of request from certain parts of the Site. Cryptaine or its licensors own and retain all rights to such software, products and service content, including all applicable intellectual property rights and copyright. Nothing in these Terms and Conditions shall be construed as granting any right or licence to use, disclose, distribute, copy, imitate, modify, edit, create derivative works from, or resell the Software, Products and Services.

YOUR CONTENT

Cryptaine does not claim ownership of any text, files, images, photographs, data (financial, statistical or any other form), video, sound, software, works of authorship or other materials that you upload and subsequently download or otherwise provide to our Site or to the Products and Services themselves (collectively, “User Content”), unless it originated from Cryptaine or our Site. However, you grant CRY a worldwide, royalty-free, sub-licensable, perpetual, irrevocable licence to use, modify and securely store the User Content for the limited purpose of providing the Site and any related products and services as provided and updated from time to time.

You may not post, modify, distribute or reproduce in any way any copyrighted or other proprietary material without the prior written consent of the copyright owner of such material. Cryptaine may terminate an account and/or deny access to any user who has infringed or is alleged to have infringed the copyright, trademark, patent or proprietary rights of another person or company.

Please do not transmit any confidential or private information to or through Products and Services and in any case, if you do and/or where it relates to you, you do so at your own risk and agree that Cryptaine shall have no direct or indirect liability as a result of any such disclosure or consequences thereof, including enforcement, financial and legal consequences.

If you provide any feedback or ideas to Cryptaine, you authorise Cryptaine to use your feedback for any purpose without any restriction, licence requirement, objection or limitation (including as to the use and duration of such use).

If you believe that your copyright or other rights have been infringed, please send a written notice with the following information to [email protected]. Cryptaine will not be able to assist with any other copyright or other rights infringement that does not occur directly on our site, networks or other repositories (including any tangible use of such copyrighted information):

• A description of the copyrighted or other work that you claim has been infringed
• A description of where the material that you claim is infringing is located on our sites, networks or other repositories
• Your address, telephone number and email address
• A written statement by you that you have a good faith (and reasonable) belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• Evidence that you are the copyright owner.

If the disputed material is posted by a third party who can be reasonably identified, Cryptaine will attempt to notify that third party. If the third party responds, Cryptaine will provide you with the information for you to take any further action you deem appropriate, Cryptaine will not be involved other than facilitating this initial response from a third party and in any event will not be held responsible, accountable or liable for any response or failure to respond or any consequences arising from the copyright dispute, claim or use.

FEES, CANCELLATION AND REFUNDS (WHERE APPLICABLE)

Charges

You agree that Cryptaine may charge you (directly or through our third party service providers) all amounts due and payable for any products and services, including taxes and service fees, third party provider and consultant fees, setup fees, subscription fees, or any other fees or charges associated with the products and services that you agree to purchase or receive from Cryptaine.

Changes in fees

Cryptaine may change prices at any time, including changing from a free to a paid product or service and charging for products and services that were previously offered for free or offering products and services that were previously offered for free. Cryptaine will notify you in advance of any changes.

Cancellation

You may cancel your Products and Services by giving written notice to Cryptaine in accordance with the applicable agreement relating to the Products and Services.

Refunds

Where applicable, our refund policy is set out in the applicable agreement relating to the Products and Services you have purchased.

PRICES AND AVAILABILITY

Some of the products and services featured on the Site are displayed for promotional purposes only and may not be available for access or purchase through the Site. All products and services offered for access or purchase on the Site are subject to availability. Cryptaine has no obligation to ensure such availability and will not be held directly or indirectly responsible, liable or obliged to compensate in any way if there is no such availability or access to the products and services. The prices quoted for such products and services are subject to change without notice. Any Cryptaine publication may contain technical inaccuracies or typographical errors. Cryptaine shall not be liable for any price, typographical or other errors in such publications. Changes may be made to these publications from time to time. These changes will be incorporated in new editions of these publications. Cryptaine may make improvements and/or changes in the products and services and/or the programs described in these publications at any time without notice.

PROMOTIONAL OFFERS All promotional offers on the Site are limited to purchases from Cryptaine and its participating authorised dealers and are subject to the terms and conditions of the offer. Purchases must be made during the specified promotional period to qualify; separate terms and conditions may apply to each promotional offer.

ACCEPTANCE OF ORDERS

We reserve the right, at our sole discretion, to cancel or refuse any request for access or order for any reason at any stage of the online process, including after an account has been created or an order has been submitted and whether or not account access or the order has been granted or confirmed. Unless otherwise agreed by Cryptaine, payment must be received by Cryptaine before an order is accepted. Some situations that may result in cancellation include limitations on quantities available for access or purchase, inaccuracies or errors in products and services or pricing information, or problems identified by our credit and fraud prevention procedures and teams. We may also require additional verification or information before accepting an order. We will attempt to contact you if all or part of your order is cancelled or modified, or if additional information is required to accept your order.

RESALE

Access to and/or purchases from the Site are intended for end users only. Products and services offered and/or sold through the Site are not authorised for resale or export. The resale or offering for sale of new Cryptaine products and services without the authorisation of Cryptaine is an infringement of the intellectual property rights of Cryptaine and our suppliers.

TERMINATION

If you fail to comply with any of the terms contained in these Terms and Conditions, Cryptaine may terminate your account and/or agreement.

If, in Cryptaine’s reasonable opinion, you do anything to jeopardise the operation of the products and services.

If you allow the products and services to be used for illegal purposes.

TROUBLESHOOTING OF TECHNICAL ISSUES

For technical issues and troubleshooting with your products and services, please contact [email protected].

TELEPHONE COMMUNICATIONS

Telephone communications with Cryptaine, including calls to any of our agents or independent contractors, may be recorded and monitored. You expressly consent, on behalf of yourself and other users of your telephone number, to being monitored or recorded. By providing us with a telephone number (including a mobile phone number) as your contact number, you expressly authorise us to contact you regarding your account for non-telemarketing communications by text message, communications service or telephone, including (where applicable) the use of prerecorded or autodialed calls, using that number.

USE DISCLAIMER; INTELLECTUAL PROPERTY AND LIMITATION OF LIABILITY

Except as expressly permitted and agreed by Cryptaine , nothing in these terms and conditions or the products and services supplied to any customer, client or third party shall in any way, including by sale, transfer, completion, implication, estoppel or otherwise, confer, grant, transfer, assign, give rise to or otherwise transfer any licence or right to any trade secret, patent, trademark, copyright (designs), design (including unique designs of client and customer products and services) or any other intellectual property right owned, created, controlled or produced by Cryptaine or any third party providing services to Cryptaine . This clause shall apply indefinitely to all Products and Services and in any case for as long as applicable law permits. Intellectual property All products and services created, designed, controlled (directly or indirectly) and sold by Cryptaine are the exclusive property of Cryptaine. No licence or right under or to any trade secret, patent, trademark, copyright, design or other intellectual property right, right of use, resale, distribution, title or any other right to such services (including products and custom-made products), creations and designs shall be granted by sale, transfer, assignment, implication, estoppel or otherwise.

For the avoidance of doubt, the above applies to all products and services produced or provided by Cryptaine, which may include both digital and tangible services and products such as: associated designs, custom designs, one-off designs or images, reprints, artwork (in any form), digital images, digital drawings, drawings, sketches, digital sketches and plans, digital plans, logos, mock-ups, physical images, architectural drawings, CAD designs and other design software drawings. All rights and uses not expressly licensed or granted by Cryptaine are exclusively reserved and remain the sole and exclusive property of Cryptaine.

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Limitations of liability

Although Cryptaine has attempted to provide accurate information on the Site, Cryptaine assumes no responsibility for the accuracy or reliability of any information or data on the Site or any linked or associated third party site.

Cryptaine does not endorse or assume any responsibility for the conduct of users or what information (in any form) users submit to our Site. Nothing in these Terms and Conditions shall require Cryptaine or any third party to monitor the Site or to modify or remove any material or information (in any form).

The Cryptaine website may contain links to third party websites. Cryptaine is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement, validation or recommendation of their content or services. Access to, use of or reliance on any other sites linked to this Site is at your own risk and Cryptaine is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on such sites and will not be liable for any reliance or consequential or inconsequential loss arising from such reliance.

You are solely responsible for maintaining the confidentiality of your account, registration and password information. Cryptaine will not be liable for any damages caused directly or indirectly by or related to the theft or misappropriation of your user name or password, the disclosure of your user name or password, or your authorising someone else to use your user name or password. Cryptaine may change the programmes, products and services mentioned at any time without notice. Mention of non-Cryptaine products or services is for informational purposes only and constitutes neither an endorsement nor a recommendation.

The Site and all information on the Site are subject to applicable local laws and may also be subject to the laws of the country in which you reside or from which you access the Cryptaine Site and Services. Cryptaine reserves the right to investigate and take appropriate action against anyone who, in Cryptaine ‘s sole discretion, is suspected of violating any applicable law, including, without limitation, reporting you to any regulatory and law enforcement authorities.

THIS SITE IS PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, CRY DISCLAIMS ALL CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR THOSE ARISING FROM COURSE OF DEALING, USAGE, TRADE USAGE OR COURSE OF DEALING.

THE TOTAL AGGREGATE LIABILITY OF Cryptaine WILL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU TO Cryptaine UNDER ALL CONTRACTS IN RESPECT OF WHICH THE CLAIM OR CLAIMS ARE MADE, OR £5000 (INCLUDING ALL FEES), WHICHEVER IS THE LOWER.

IF YOU ARE DEALING WITH Cryptaine AS A CONSUMER, NOTHING IN THE AGREEMENT OR THESE TERMS AND CONDITIONS AFFECTS YOUR STATUTORY RIGHTS.

CRY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, OR LOSS OR DAMAGE TO DATA, ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY RELATED SERVICES OR CONTENT, OR DAMAGES RESULTING FROM THE USE OF OR RELIANCE ON THE INFORMATION CONTAINED HEREIN, EVEN IF CRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY OR DAMAGES. IN NO EVENT SHALL CRY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM THE USE OF THE SERVICES (OR PRODUCTS), WHICH USE IS THE SOLE RESPONSIBILITY OF THE CUSTOMER OR THIRD PARTY AND CRY EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU AGREE TO INDEMNIFY CRY FOR ANY LOSS OR DAMAGE THAT CRY MAY SUFFER, INCLUDING WITHOUT LIMITATION LEGAL COSTS, AS A RESULT OF ANY BREACH BY YOU OF ANY WARRANTY OR OTHER TERM OF THIS AGREEMENT OR YOUR MISUSE OF ANY MATERIAL OR INFORMATION OBTAINED THROUGH THE SITE. YOU FURTHER AGREE TO INDEMNIFY Cryptaine FOR ANY LOSS OR DAMAGE INCURRED BY Cryptaine IN CONNECTION WITH ANY CLAIM BY A THIRD PARTY AGAINST Cryptaine FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ARISING IN CONNECTION WITH YOUR PROVISION OF MATERIAL TO THE SITE.

Cryptaine DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS OR USE FROM THE USE OF THE SITE OR ANY RELATED PRODUCTS AND SERVICES OR CONTENT.

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ABOUT OUR TERMS AND CONDITIONS

Cryptaine reserves the right to change these terms and conditions from time to time at our sole discretion. It is your responsibility to periodically visit this page for any updates.

Jurisdiction: These Terms shall be governed by the laws of Germany, without giving effect to any principles or rules of conflicts of law.

Consent: By accepting these Terms, you agree to be bound by these Terms in their entirety.