TERMS AND CONDITIONS

1. DEFINITIONS

  1. ATANI: ETOSHI TECHNOLOGIES, S.L. CIF: B - 88388046
  2. Blockchain: the decentralised and distributed public network that ATANI uses or may use in each case for the proper provision of the Service.
  3. Platform: the website https://atani.com and equivalent mobile and desktop applications through which the User accesses the Services.
  4. Services: see details in section 7. ATANI is a comprehensive platform for investment in cryptoassets that provides, among others, services for the purchase, sale and custody of cryptoassets, bringing together the following services and functionalities:
    1. Market information
    2. Portfolio management (Exchanges and Blockchains Aggregator)
    3. Charts and technical analysis
    4. Tax information on transactions (link to third parties)
    5. Notifications of price movements
    6. Buying/selling of Cryptoassets (Initiation of orders on connected third party accounts and Atani Exchange)
    7. Storage and transfer/receipt of Cryptoassets
    8. Cryptoassets conversion (Atani Convert)
    9. APY keys
  5. Wallet: set of cryptographic elements that allow the custody of the balance of Cryptoassets deposited in it by a single User.
  6. Cryptoassets: virtual digital assets or currencies issued through computer protocols and not backed by an entity or Central Bank that are not officially considered by the Spanish regulator as financial instruments.
  7. User: natural person registered on the Platform who accesses the Services.

2. INTRODUCTION

This document regulates the contracting conditions for the use of the Platform and the Services offered through it.

Please read these terms and conditions (the "Terms of Engagement" or "Terms and Conditions") carefully before making any purchase or using the Service. In this regard, you agree to be bound by these Terms and Conditions and should not purchase the Service on the Platform if you do not agree to all of the Terms and Conditions.

The language in which the contracting procedure will be carried out and in which these Conditions of Contract are formalised shall be, unless otherwise indicated, Spanish.

Please read these Terms and Conditions and our Privacy and Cookie Policy carefully before using the Platform.

By using the Service provided on the Platform, the User agrees to be bound by the Terms and Conditions, having accepted them in their entirety, as well as by our Privacy Policy and our Cookies Policy, being obliged to comply with all the specifications established for the same, and therefore, if the User does not agree with all the stipulations of the Terms and Conditions and with the Privacy and Cookies Policy, he/she should not use this Platform.

If the User has any questions regarding the terms and conditions or the Privacy and Cookies Policy, he/she can contact us through our contact channels.

3. LEGAL INFORMATION

In compliance with the duty of information contained in article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the following details of the owner are shown below:

  1. Etoshi Technologies, S.L.
  2. Domicile at c/ Recoletos, 3, 1, 28006
  3. VAT NO: B - 88388046
  4. Registration data: registered in the Madrid Mercantile Register in volume 39.214, folio 71, entry 1, page M - 696565.

Website owner: https://atani.com/ through which you access the Platform

4. USERS AND CONSENT

The use of the Platform attributes the condition of User, who accepts, from the access, download and/or use of the same, the Terms and Conditions reflected here.

By making use of the Services offered on the Platform and accepting these Terms and Conditions the User confirms that:

  1. is over 18 years of age;
  2. has full legal capacity to enter into these Terms and Conditions;
  3. you have not previously been suspended or withdrawn from using the Platform;
  4. your use of the Platform and the Services shall not violate any applicable laws and regulations, including but not limited to anti-money laundering, anti-corruption and anti-terrorist financing regulations.

You are not a resident of any of the following countries: Iraq, Democratic People's Republic of Korea, USA and/or any country that prohibits any activity related to Cryptoassets.

The User should be aware that there are legal requirements in various countries that may restrict some ATANI Services. Accordingly, some Services and functionalities of the Platform may not be available or may be restricted in certain jurisdictions or regions or for certain Users.

The User is responsible for informing himself/herself about and observing any restrictions and/or requirements imposed with respect to access to and use of the Platform and the Services in each country from which the User accesses the Platform and the Services.

ATANI reserves the right to change, modify or impose additional restrictions regarding access to and use of the Platform and the Services at its sole discretion and at any time without prior notice.

In the event that a minor under the age of 18 accesses the Platform, the parent or guardian of the minor shall be responsible for such access and use, including any charges, billing or damages arising therefrom.

Likewise, the User declares that the use of the Platform is for personal use and that he/she is not performing any type of professional service.

The Platform will allow the User to access the Services specified in these Terms and Conditions.

With respect to the ATANI Wallet and ATANI Exchange services, each User may only register one verified user account.

Before making use of the Services, the User should be aware that the risk of loss in buying, selling or holding Cryptoassets may be considerable. As with any asset, the value of Cryptoassets can vary considerably and there is a substantial risk of losing the money invested in buying, selling, holding or trading Cryptoassets. Therefore, by using the Platform, the User acknowledges and accepts the risks involved in buying, selling or holding Cryptoassets.

Likewise, by using the Platform, the User accepts that ATANI does not provide any type of investment advice in relation to the Cryptoassets that can be acquired through the order issued on the Platform, but will only provide information on the different markets available to the User (price, market capitalisation, volume, etc.), which in no case shall constitute financial or investment advice and shall not be interpreted by the User as such. Furthermore, ATANI shall not be liable for any errors or variations in the information provided, as this information is obtained from third parties.

Any decision to buy or sell Cryptoassets is the sole decision of the User, and ATANI shall in no event be liable for any loss suffered as a result of such decision.

Cryptoasset services are not currently regulated by the financial authorities nor do they fall under the umbrella of protection that may be offered by financial services clearing schemes in Spain, therefore, the User should carefully consider whether trading or holding Cryptoassets is appropriate.

Furthermore, by accepting these terms and conditions, the User acknowledges and agrees that:

  1. Crypto-asset prices are extremely volatile.
  2. The User is solely responsible for determining which taxes apply to his Cryptoasset transactions and for fulfilling his tax obligations.
  3. The User shall not use the Services for market manipulation.

BY ACCESSING AND USING ATANI SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE NOT BEEN PLACED ON ANY TRADE EMBARGO OR ECONOMIC SANCTIONS LIST (SUCH AS THE UNITED NATIONS SECURITY COUNCIL SANCTIONS LIST).

ATANI RESERVES THE RIGHT TO CHOOSE THE MARKETS AND JURISDICTIONS IN WHICH TO CONDUCT ITS BUSINESS, AND MAY RESTRICT OR REFUSE, IN ITS SOLE DISCRETION, THE PROVISION OF ATANI SERVICES IN CERTAIN COUNTRIES OR REGIONS.

5. USE OF THE PLATFORM

ATANI offers through the Platform the Services specified in these Terms and Conditions, which involve, among others, a management service for the purchase, sale and transfer/receipt of Cryptoassets.

The use of the Application by the user must be done in a responsible manner and in accordance with current legislation, good faith, these Terms and Conditions and respecting the intellectual and industrial property rights owned by ATANI.

ATANI is the exclusive owner of all rights, titles and interests relating to its Application, so unless expressly stated otherwise, all content, graphic design and codes that form part of it are the exclusive property of ATANI.

The company reserves the right to make unannounced changes it deems appropriate in its Application, and may change, delete or add content, services and features provided through the same as well as the way in which they are presented or located on its servers. ATANI does not guarantee compatibility with previous versions of its services.

The use of any of the contents of the Application for purposes that are or could be illicit is strictly prohibited, as well as the carrying out of any action that causes or could cause damage or alterations of any kind not consented to by ATANI, to the Application or its contents.

ATANI does not warrant that the market information presented through the Application is accurate, reliable, current, complete or appropriate for your needs. ATANI obtains information directly from market providers and other content providers, which are deemed to be reliable sources of information (collectively, the "Data Providers"). However, due to various factors, including the inherent possibility of both human and technical error, ATANI does not and cannot guarantee the accuracy, completeness, timeliness, or results obtained from the use or correct sequencing of the information available through the Services and the Application.

The User assumes responsibility for the use of the Platform. This responsibility extends to the registration required to access the Services. In such registration, the User shall be responsible for providing truthful and lawful information.

With respect to the ATANI Wallet and ATANI Exchange services, each User may only have one verified account registered.

By virtue of said services - Buying/Selling of Cryptoassets ("Atani Exchange") and Storage and transfer/receipt of Cryptoassets ("Atani Wallet") - in the registration process the User will be required to provide the personal data necessary for his/her effective identification, as well as the corresponding documentation accrediting this, for the purposes of complying with all current regulations, including the prevention of any potential money laundering and terrorist financing conduct and to be able to adopt appropriate due diligence measures. The User irrevocably undertakes to guarantee that the information provided is truthful. Likewise, the User must complete the responsible declarations that may be requested in each case.

ATANI reserves the right to request that the information be updated if it becomes aware that it has undergone any modification. Similarly, ATANI reserves the right to carry out the appropriate checks in order to confirm the legal origin of the contributions of funds that are made. If it becomes aware of irregularities in the registration process and in the subsequent use of the Platform by the User, ATANI shall proceed to take action for the purposes of preventing any conduct to prevent money laundering and terrorist financing, including blocking the account and providing any information requested from the Authorities.

As a consequence of this registration, the User must choose a password, for which he/she will be responsible, and undertakes to use it diligently and confidentially. It is recommended to use a secure password that has not been used previously on other platforms.

ATANI may make available to the User information on the security of the password chosen and also offers the User the possibility of accessing his/her account through a double factor authentication ("2FA") which significantly increases the security of access to the account. ATANI is not responsible for loss of funds resulting from password theft.

In the event of unauthorised access to the User's account, the User undertakes to notify ATANI immediately through the means of contact made available to the User and indicated in these Terms and Conditions.

The registration process may also be carried out by accessing the Platform through the following social networks used by the User: YouTube, LinkedIn, Twitter and similar. In such cases, the User agrees that ATANI obtains certain personal data from these third parties and treats them as agreed in the Privacy Policy.

The User undertakes to make appropriate use of the content and services that ATANI offers through the Platform and, by way of example, but not limited to, not to use them for:

  1. Engaging in activities that are unlawful, illegal or contrary to good faith and public order.
  2. Disseminate content or propaganda of a racist, xenophobic, pornographic, illegal, terrorist or human rights nature.
  3. Causing damage to the physical and logical systems of ATANI, its suppliers or third parties, introducing or spreading computer viruses or any other physical or logical systems that may cause the aforementioned damage.
  4. Attempt to access and, where appropriate, use the email accounts of other Users and modify or manipulate messages sent to ATANI.

6. EXCLUSION OF WARRANTIES AND LIABILITY

ATANI reserves the right to interrupt access to the Services at any time and without prior notice, whether for technical, security, control, maintenance, power failure or any other justified cause. Consequently, ATANI does not guarantee the reliability, availability or permanent continuity of the Platform or the Services, so that the use of the same by Users is carried out at their own risk, without ATANI being liable in this regard at any time.

Furthermore, ATANI assumes no liability whatsoever arising, by way of example, but not limited to:

  1. The use made by Users of the materials available on the Platform, whether prohibited or permitted, in violation of the intellectual and/or industrial property rights of the contents of the website itself or of third party portals.
  2. For possible damages to Users caused by normal or abnormal functioning of the search tools, the organisation or location of the contents and/or access to the Services and, in general, for errors or problems generated in the development or instrumentation of the technical elements that make up the Service.
  3. Of the contents of those pages to which Users may access from links included in the Platform.
  4. The acts or omissions of third parties, regardless of whether these third parties may be contractually bound to ATANI.

Similarly, ATANI excludes any liability for damages of any kind that may be due to the presence of viruses or the presence of other harmful elements in the contents that may cause alterations in the computer systems, as well as in the documents or systems stored therein, for which reason ATANI shall not be liable in any case when they occur:

  1. Errors or delays in access to the Services by the User or any other unforeseeable contingency beyond the good faith of ATANI.
  2. Failures or incidents that may occur in communications, deletion or incomplete transmissions, delays in operations, impossibility of withdrawal of funds, incorrect operation of the Platform so that the Platform Services are not guaranteed to be constantly operational.
  3. Errors or damage caused to the Platform due to inefficient and bad faith use of the Service by the User.
  4. The non-operability or problems with the email address or telephone number provided by the User to send the requested information, or with the mobile telephone networks or ATANI's suppliers, with regard to the reception of SMS messages, telephone calls or emails.
  5. Of any security breaches that may be suffered by third parties through which ATANI provides the Service.

In any case, ATANI undertakes to solve any problems that may arise and to offer all the necessary support to the User in order to reach a solution as soon as possible to the incident.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ATANI, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES OR ATTORNEYS, AGENTS, BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITY (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR BREACH OF SECURITY AND LOSS OF DATA, INFORMATION, REVENUE OR PROFITS) EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE THE RESULT OF GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW BY ATANI IN WHICH CASE THE LIABILITY OF ATANI, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY YOU TO ATANI UNDER THESE TERMS IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OF LIABILITY.

Decisions to buy, sell, hold or trade digital assets and other investments involve risks and are best made on the advice of qualified financial professionals. Any trading of cryptocurrencies or other investments involves substantial risk of loss.

The practice of day trading involves particularly high risks and can result in the loss of significant amounts of money. Before undertaking any trading programme, you should consult a qualified financial professional.

Please consider carefully whether such trading is appropriate, taking into account your financial situation as well as your ability to take financial risk. Under no circumstances shall ATANI be liable for any loss or damage that you or any other person may incur as a result of any investment activity you undertake in reliance on any information or material you receive through the Application.

The contents of the ATANI Application do not imply, in any way, a recommendation regarding the suitability of any investment in any particular asset, portfolio, transaction, investment strategy or the use of any specific cryptocurrency trading provider. None of ATANI's providers shall advise you personally as to the nature, potential, value or suitability with respect to any particular asset, portfolio, transaction, investment strategy or any other matter.

7. SERVICES OFFERED THROUGH THE PLATFORM

ATANI is a comprehensive platform for investment in Cryptoassets that brings together the following services and functionalities:

  1. Market information
  2. Portfolio management (Exchanges and Blockchains Aggregator)
  3. Charting and Technical Analysis
  4. Notifications of price movements
  5. Buying/selling Cryptoassets
    1. Initiation of orders from connected third-party accounts (API trading)
    2. Atani Exchange
      1. API Keys
    3. Convert
  6. Storage and transfer/receipt of Cryptoassets (Atani Wallet)

Disclaimer of warranties and liability for services

ATANI does not own or control the underlying software protocols that govern the operation of the Blockchain linked to the Cryptoassets compatible with the Platform, nor those providers that, being centralised, or decentralised platforms, use in any instance this type of technologies. Consequently, ATANI assumes no responsibility for the operation of such protocols or providers, nor does it guarantee their functionality, security or availability. The User acknowledges and accepts the risk that the underlying software protocols related to any Cryptoassets that it stores in the Wallet Service may change. In particular, Users should consider forks with the impact they may eventually have on the value of the Cryptoassets.

In the event of a Fork, the User agrees that ATANI may temporarily suspend its operations (with or without notice) and, if it deems it necessary, (a) configure or reconfigure its systems or (b) decide not to support (or to stop supporting) a protocol and/or the original and/or the alternative Cryptoasset, provided that the User is given the opportunity to remove its Cryptoassets from the Platform.

The User acknowledges and agrees that ATANI assumes no responsibility for any consequences in the provision of the Service that may arise in connection with the modification of the Blockchain protocols, or of any of its liquidity and/or custody/storage providers.

Likewise, the User acknowledges and accepts that the transactions carried out in Blockchain are irreversible once confirmed through the protocol established in each case and that ATANI does not have the capacity to revert them once they have been confirmed.

ATANI assumes no responsibility for the loss of funds and/or damages resulting from errors made by the User during the use of the services, for example, errors made by the User when completing their own or third party public addresses, or the selection of the Blockchain to be used to carry out the transaction.

ATANI shall not be liable for services that are not in accordance with the provisions of the laws of other countries to which the services described herein may be provided.

7.1. MARKET INTELLIGENCE

This service aims to offer public market information to promote accessibility to digital assets. This service brings together various functionalities such as a live "Trade feed", with which to keep abreast of the evolution of the price of market assets, as well as to visualise prices in real time, an order book, to keep abreast of open buy and sell orders in the market and information on the latest transactions executed, among others.

ATANI does not warrant that the market information presented through the Application is accurate, reliable, current, complete or appropriate for your needs. ATANI obtains information directly from market providers and other content providers, which are considered to be reliable sources of information (collectively, the "Data Providers"). However, due to various factors, including the inherent possibility of both human and technical error, ATANI does not and cannot guarantee the accuracy, completeness, timeliness, or results obtained from the use or correct sequencing of the information available through the Services and the Application.

7.2. PORTFOLIO MANAGEMENT (AGGREGATOR OF EXCHANGES AND BLOCKCHAINS)

Service that allows the connection of multiple Exchanges and Blockchains via API or Blockchain address, for the comprehensive management of the user's Cryptoasset portfolio.

The user will be able to add their Exchanges accounts by entering their public API key, secure or private API key and, in some cases, their user ID and password or passphrase into ATANI. Depending on the permissions that the user activates in the APIs, ATANI may collect historical information on users' transactions, deposits and withdrawals, among others.

In addition, ATANI offers the user the possibility to open accounts on Exchanges through a link. In some cases, using the link provided by ATANI includes a discount on the fees charged by the Exchange. The user is redirected to the page of the respective Exchange where he/she must accept the terms and conditions of the respective website.

ATANI is not responsible for the terms and conditions between users and Exchanges. ATANI is in contact with the different Exchanges in order to obtain better offers for users, without prejudice to the fact that the Exchanges may change these offers when they wish to do so. Users are subject to the policies of the Exchanges which may change at any time, and exempts ATANI from any liability arising from the activity of such Exchanges.

The user is warned that there are risks of error in the source accounts that he/she integrates within the Application. ATANI will, as far as possible, warn users of any errors without prejudice to not being responsible for the consequences of such errors.

7.3. CHARTS AND TECHNICAL ANALYSIS

This service includes several value-added functionalities for Technical Analysis, such as advanced drawing tools, different types of charts and indicators, the possibility of adding several charts on the same screen, or the possibility of saving the analyses performed.

ATANI relies on the capabilities of third parties to provide this service and is not responsible for the information provided by such third parties or for any errors related to such information. The User is aware and accepts that the responsibility for the information, as well as the decisions derived from such information, lies with the third parties and exempts ATANI from any liability.

7.4. NOTIFICATIONS OF PRICE MOVEMENTS

Service consisting of sending price notifications in real time via telephone call, SMS or e-mail when the conditions previously set by the user are met.

ATANI relies on the capabilities of third parties to provide this service and is not responsible for the information provided by such third parties or any errors related to such information. The User is aware and accepts that the responsibility for the information, as well as the decisions derived from such information, lies with the third parties and exempts ATANI from any liability.

7.5. BUYING/SELLING OF CRYPTOASSETS

ATANI offers a management service for the purchase and sale of Cryptoassets.

Transactions are subject to the exchange rate as displayed on the Platform, that is the equivalence in Euros or in certain Cryptoassets of the value of the Cryptoassets, and which represents the bid and ask price respectively, which are constantly updated. However, ATANI cannot guarantee transactions in Cryptoassets at a specific price or at a specific time, as orders are executed against an order book which determines the final price at which the transaction is executed.

The User accepts that the quotation provided by ATANI for the sale of Cryptoassets to the User will only be maintained for the period established on the Platform, and waives any claim for differences in quotation that may arise after this period has expired, and cannot guarantee the purchase or sale of Cryptoassets at an exact price or at an exact time, as indicated above.

When the User makes a transaction through the Platform, it will be recorded in the User's transaction history.

The transaction cannot be executed if the User does not have sufficient funds: the User is responsible for having sufficient funds to carry out the transaction.

7.5.1. INITIATION OF ORDERS TO BUY/SELL CRYPTOASSETS ON CONNECTED THIRD PARTY ACCOUNTS (API TRADING)

This service allows the initiation via API of buy/sell orders on the accounts of the Exchanges added to the Platform.

The user will be able to add his Exchanges accounts by entering in ATANI his public API key, private or secret API key and, in some cases, his user ID and password or "passphrase". Depending on the permissions the user activates on the APIs, the user will be able to initiate buy/sell orders on their added Exchanges from the ATANI platform.

The User is aware that, by virtue of the third party providers through which ATANI provides this service, connection or order execution errors may occur and exempts ATANI from any liability for such deficiencies and any other unforeseeable contingency beyond ATANI's control.

ATANI does not charge any commission in addition to that charged by the Exchange with which the transaction is carried out.

7.5.2. BUYING/ SELLING OF CRYPTOACTIVES (ATANI Exchange)

This service allows the purchase/sale of Cryptoassets. In order to use this service, the User must first open a Wallet (Atani Wallet) that allows the storage of electronic money and deposit at least the amount he/she wishes to purchase in one of the supported Cryptoassets.

To register for this service, the User must verify his or her identity by providing the personal data requested (which will be treated as established in the Privacy Policy).

Once the purchase and/or sale order has been requested by the user, ATANI will complete the operation as soon as possible and to the best of its abilities, without being able to guarantee that this action can be executed in all cases, although it will try its best - see section 6-.

ATANI works with third party cryptocurrency liquidity providers to provide the service described. Consequently, the User accepts that delays in the provision of the services, as well as limitations of availability or liquidity originating from said third parties, are not the responsibility of ATANI, which will make every reasonable effort to avoid them.

ATANI assumes no responsibility in the event of an error in the transaction and these cannot be reversed once the order has been executed. In the event of limited liquidity, the order will not be executed and the user's amount will be returned within a maximum of 15 working days.

Finally, the User accepts that ATANI will unilaterally decide, in case of forks and forks, which post-fork Cryptoassets it will provide to the User and their denomination.

7.5.2.1. CRYPTO-ASSET TRANSACTIONS

Buying Cryptoassets

The User accepts that the addition of Cryptoassets to his/her User account may be carried out through the purchase of the same by the means available through the Platform. By issuing an order to purchase Cryptoassets, the User acknowledges and accepts that the funds destined for the purchase shall become the property of ATANI so that it may procure the quantity and type of Cryptoassets indicated for the User, through any channels and in any lawful manner that ATANI, at its sole discretion, may determine.

Sale of Cryptoassets

The sale of Cryptoassets may be made through the means available on the Platform, which shall be subject to the availability of the corresponding funds in the balance of the User's account, and in all cases shall be subject to the payment of any debt that the User may have with ATANI.

Delays. Cancellations

The User accepts that any type of transaction with Cryptoassets may be subject to delays or cancellations. As far as ATANI is concerned, and always within existing limitations, it will make reasonable efforts to ensure that any transaction with Cryptoassets is carried out as soon as possible.

ATANI accepts no liability in the event of delay or cancellation.

Suspension of availability of Cryptoassets. Void transactions. Reversal of effects

The User acknowledges and accepts that any transactions carried out through the Platform related to fraudulent, criminal or unlawful activities will be void, and therefore ATANI may, by itself or by third parties, without prior notice to the User, (a) reverse any effects or consequences that such void transactions would have directly or indirectly caused when within its computer systems, or (b) request the corresponding compensation from the User in the event that the transaction had been executed outside its computer systems, i.e. with respect to transactions already confirmed on the corresponding Blockchain or on the Exchange on which the transaction has been registered or executed, and it was not possible to reverse it, using funds and Cryptoassets available in the User's account, for any damages that such void transactions may have caused to ATANI.

Likewise, the User acknowledges that delays or cancellations in orders may occur as a result of decisions by third parties outside ATANI, and that ATANI shall not be liable for any damages caused thereby.

Commissions

ATANI charges a commission on the amount of each transaction. This fee may be modified by ATANI at any time, and the modification will affect orders in progress pending execution, and the modification will be notified to those users with orders in progress. In any case, ATANI shall update the information on the Platform in order to reflect any possible modifications to the fees.

ATANI will publish all information regarding commissions at the following link.

7.5.2.1.1.1 OTHER CRYPTOASSET TRANSACTIONS ("ATANI CONVERT")

By using the ATANI EXCHANGE service, the User accepts that in order to use the CONVERT service he/she must first verify his/her identity by providing the personal data requested (which will be treated as set out in the Privacy Policy) and comply with any additional obligations set out in these Terms and Conditions.

Once registration and identity verification have been completed, the User may use the CONVERT service, which allows the exchange of one cryptoasset to another (provided that they are listed on the Atani Exchange as indicated below).

Pursuant to the CONVERT service, Users may provide ATANI with a request to convert one cryptoasset into another, based on the compatible trading pairs available on the Platform ("Conversion").

To request a Conversion, Users must specify the cryptoasset and amount they wish to exchange, and the cryptoasset they wish to receive.

ATANI may, in its sole discretion, accept or decline to carry out the Conversion.

By using the CONVERT service, the User acknowledges and accepts that the conversion offered by the Platform once requested ("Conversion Offer") will be approximate and non-binding (it may vary significantly depending on the liquidity of the converted assets) and ATANI shall not be liable for any variations therein.

Furthermore, it is not possible to offer a fixed settlement period (completion of the transaction), although ATANI will use its best efforts to ensure that it is completed in the shortest possible time. Any delays or delays will in no case be assumed by ATANI.

Therefore, by using the CONVERT service, the User acknowledges and accepts:

  1. That, once a Conversion has been requested, he/she shall not be able to cancel the requested Conversion or transfer, withdraw or exchange in any other way the assets that are the object of the Conversion.
  2. That the settlement time may vary due to factors beyond ATANI's control.
  3. That the Conversion Offer is approximate.

ATANI is not responsible for the potential loss or opportunity cost in relation to any change in the price of the cryptoasset subject to the Conversion during this settlement period.

If the User accepts the Conversion Offer, ATANI will settle the requested Conversion by debiting the User's ATANI Wallet with the agreed amount of cryptoassets to be converted and crediting the User's Atani Account with the amount of cryptoassets to be received.

ATANI shall have the sole power to determine which cryptoassets will be made available on the Platform for the purposes of this service and may add or remove particular assets and/or trading pairs from the Platform in its sole discretion, without prior notice.

ATANI may also change the order size available for a conversion with respect to a particular asset. The User may not make conversions below or above the value set by ATANI.

With respect to such additions, deletions or changes of cryptocurrencies, ATANI may at its discretion give prior notice to Users but is not obliged to do so. Furthermore, ATANI shall have no liability to Users in connection with such additions, deletions or changes.

7.5.2.2 API KEYS

This functionality of the Atani Exchange service consists of making available to the User the ability to generate unique keys (API Keys) from the Atani interface that can allow the linking of user operations in Atani Exchange with third party platforms.

The User must have completed the verification or KYC procedure to access this service.

ATANI offers through the Platform and specifically and exclusively through the Atani Exchange service, the use of API Keys.

API Keys are unique identifiers that allow their holder to programmatically access the User's ATANI Exchange Account and related functions of the ATANI Platform so that the User can generate API Keys from the Atani interface and link them to third party platforms.

You are solely responsible for keeping your API Keys secure, confidential and used in accordance with these Terms and Conditions and applicable law.

By accepting these Terms and Conditions, the User acknowledges that ATANI is not responsible for any activity that occurs under any API Key used or generated by it, including, but not limited to, unauthorised access to or use of your account, data breach and/or loss of funds.

The User is solely responsible for any loss caused as a result of, or in connection with, any business activity initiated through any API Key used or generated by it.

The User shall implement appropriate technical and organisational security measures to protect the API Keys against loss, theft, hacking and unauthorised disclosure or unauthorised access (accidental or otherwise).

The User shall immediately inform ATANI of any suspected or actual loss or misuse of the API Keys.

Furthermore, the User acknowledges and accepts:

  1. That, by using the API Keys, you authorise the programmatic instructions issued to ATANI.
  2. That all actions or instructions performed using the API Keys are your sole responsibility, and that ATANI shall not be liable for any loss or damage resulting from such actions or instructions.
  3. That ATANI may share or allow access to your personal data in accordance with or as necessitated by your actions and instructions.
  4. That ATANI shall be entitled to assume that any person accessing the accounts using the API Keys assigned to the User is authorised to do so on the User's behalf.

The User is responsible for orders and transactions executed on the ATANI Platform pursuant to the use of the assigned API Keys, regardless of whether such orders/transactions were submitted by an authorised person or not.

ATANI may, acting reasonably, suspend an API Key if it has reason to believe that the security of the API Key has been compromised.

The use of the Service by the User must be done in a responsible manner and in accordance with current legislation, good faith, these Terms and Conditions and respecting the intellectual and industrial property rights owned by ATANI.

In this regard, and subject to the Terms and Conditions set forth herein, ATANI grants the User a personal, limited, revocable, non-sublicensable, non-sublicensable and non-transferable license for the stipulated term to use the API Key in the Atani Exchange service and to use them only in accordance with the manner provided for and the applicable regulations.

The licence granted is explicitly conditional upon your adherence to the Terms and Conditions reflected herein.

ATANI reserves all rights not expressly granted in these Terms and Conditions.

The User may not, during the period of use of the service and thereafter:

  1. Directly or indirectly reverse engineer, decompile, disassemble the API Keys or API-related data or otherwise attempt to discover the source code, underlying structure, inventions, algorithms, know-how or data related to the API Key;
  2. Modify, translate or otherwise create derivatives, enhancements, modifications, extensions or extensions of the API Keys or API-related data, or related data, in any form and in whole or in part, unless expressly authorised in writing by ATANI;
  3. Access or attempt to access (including attempting to acquire the means to access) any personal data controlled by ATANI;
  4. Use the API Keys other than in accordance with these Terms and Conditions and in compliance with applicable law or in any manner except as specifically permitted in these Terms and Conditions;
  5. Challenge or contest (whether in court or otherwise) ATANI's intellectual property rights licensed by ATANI under these Terms and Conditions;
  6. Using or exploiting the API Keys for the purposes of market manipulation, insider trading, front running, pump and dumps, wash trading and/or spoofing; or
  7. Allowing or collaborating with third parties to carry out any of the above actions.

ATANI does not warrant that the operation of the API Keys will be uninterrupted or error-free.

Furthermore, ATANI makes no warranties as to the accuracy, suitability, reliability, completeness or performance of the API Keys. User agrees to use the API Keys at User's own discretion and risk.

The User acknowledges and agrees that the API Keys are provided by ATANI without any warranty of any kind (either express or implied) as to non-infringement, satisfactory quality, fitness for purpose, merchantability, compatibility, security and accuracy.

Furthermore, the User acknowledges and accepts that the use of API Keys entails risks and that the User shall be solely responsible for ensuring that they are not used by third parties not authorised by the User.

The User acknowledges and accepts all risks and potential losses arising from its use of the API Keys, including but not limited to unauthorised access, data breaches and loss of funds.

ATANI and its affiliated parties and assigns shall not be liable for any loss or damage resulting from the use of the API Keys.

The User is solely responsible for managing its API Keys and for taking appropriate measures to protect them, including but not limited to the following:

  1. Use an API Key only for a single purpose or application.
  2. Do not enable unnecessary API Key permissions.
  3. Do not leave unused API Keys enabled.
  4. Do not place your API Keys directly into publicly available or insecure source code or repositories.
  5. Do not store your API Keys in cloud-based locations.
  6. Do not share your API Keys with third parties with whom you do not wish to share control of the account.

ATANI assumes no responsibility for the loss of funds and/or damages during the use of the Service, for example, the User's error when completing their own or third party public addresses, or the selection of the Blockchain to be used to carry out the transaction.

ATANI shall not be liable for services that are not in accordance with the provisions of the laws of other countries to which the services described herein may be provided.

7.6. STORAGE AND TRANSFER/RECEIPT OF CRYPTOASSETS (ATANI WALLET)

Service consisting of the creation of electronic purses or Wallets, with the safeguarding of private cryptographic keys on behalf of the Users, for the holding, storage and transfer of Cryptoassets. This service allows the user to deposit or withdraw Cryptoassets to or from an external Wallet.

To register for this service, the User must verify his or her identity by providing the personal data requested (which will be treated as established in the Privacy Policy).

At any time, the User may withdraw his Cryptoassets and send them to an external Wallet, unless, for the prevention of money laundering and terrorist financing, the receiving Wallet is blocked.

ATANI leverages on third party capabilities in order to offer this service. The User acknowledges and accepts that, in order to provide a better User experience, the Cryptoassets that the User displays on their balance as their own, may be held by third parties. ATANI assumes no responsibility for any attacks or security breaches suffered by these third parties in the provision of the services.

ATANI assumes no responsibility for the loss of funds and/or damages arising from errors made by the User during the use of the services, and specifically for the User's mistake when completing their own or third party public addresses, or the selection of Blockchain to be used to carry out the operation.

The User accepts that any type of transaction with Cryptoassets may be subject to delays or cancellations. As far as ATANI is concerned, and always within existing limitations, it will make reasonable efforts to ensure that any transaction with Cryptoassets is carried out as soon as possible. ATANI shall not assume any liability in the event of delay or cancellation.

ATANI will not charge any commission for the transfer and receipt of Cryptoassets to the User, who will only be charged the corresponding network costs and the costs of third party providers.

The User is aware that, by virtue of the third party providers through which ATANI provides this service, errors or delays may occur in both the deposit and withdrawal of funds and exempts ATANI from any liability for such deficiencies and any other unforeseeable contingencies beyond ATANI's control.

Finally, ATANI undertakes to set up a reserve system with the corresponding parity of funds in order to back up the amount deposited from Users. Furthermore, ATANI confirms that under no circumstances does it make loans with Users' funds, in order to protect them.

8. USER PROHIBITIONS

Without this list being exhaustive, the User undertakes to refrain from the following actions, either directly or through a third party:

  1. Use the Platform, the Services or any of its contents in a manner or for purposes that ATANI considers different or contrary to these Terms and Conditions, the laws, morals, good customs or public order.
  2. Use the Platform to send, reproduce or publish files or any type of information whose content is obscene, abusive, defamatory, libellous, slanderous, pornographic, political or contrary to law, morals and good customs, or which contains malicious software such as viruses, worms or which contains any other feature capable of destroying or damaging the operation of an electronic device, the Platform, or the systems or servers of ATANI, or of a third party.
  3. Use the Platform to send, reproduce or publish files in violation of third party intellectual property rights.
  4. Exploit or exploit an attack on the Platform, or a vulnerability or bug in the Platform, for your own or a third party's benefit.
  5. Use the Platform on behalf of or for the account of any third party (except as set out in these Terms and Conditions) or permit any person other than the User (including, without limitation, by way of assignment, licence or transfer) to use your account and the Services associated with your account.
  6. Use automated or manual programs, software or devices to monitor or copy the information or any content or element of the Platform.
  7. Link the Platform or the Services in any way to unsolicited promotions, political campaigns or commercial messages (SPAM) or any chain letters or untruthful content.
  8. Carry out actions that restrict, deny or prevent third parties from accessing and using the Platform, as well as the content and services offered through it.
  9. Attempt to breach any authentication and security systems of the Platform.
  10. Attempt to obtain any kind of material or content accessible through the Platform using procedures or means other than those which, as the case may be, have been expressly indicated or made available to the User.
  11. Include frames, links, deep links, or links to the Platform, whether from other websites or from any software or electronic device.
  12. Take any action that imposes a disproportionate or unreasonable burden on the technological infrastructure of the Platform.
  13. Use meta tags or any other type of hidden text with the name "ATANI" or "ETOSHI TECHNOLOGIES", or any other name or trade name and/or intellectual property rights belonging to or owned by ATANI.
  14. Using the Services for market manipulation.

ATANI reserves the right to deny or withdraw access to the Platform and/or the Services offered therein without prior notice to those Users who carry out any of the actions indicated in this section.

9. REQUEST FOR DEREGISTRATION AND CLOSURE OF THE ACCOUNT

The User may request the cancellation of his/her user account through the Platform, or via email to support@atani.comúnicamente from the email address with which he/she registered.

ATANI reserves the right to request proof and/or additional information in order to corroborate the veracity of the cancellation request and the information provided by the User.

Once this request is considered valid, the User will be responsible for sending his Cryptoassets stored in "Atani Wallet" to an external Wallet, and it will not be possible to close an account with a positive balance.

The contractual relationship shall not be considered terminated until ATANI has cancelled the account and removed the User from the Platform.

In the case of a verified user, which is a necessary condition for accessing the "Buying/selling of Cryptoassets (Atani Exchange)" and "Storage and transfer/receipt of Cryptoassets" (Atani Wallet) services, the identity document number and e-mail address associated with the User will remain blocked, so that no other person may create a new user account using the same.

Likewise, if, once the User's account has been cancelled, he/she wishes to reopen it, he/she must contact support@atani.com, indicating his/her wish to reopen the account.

Transaction information will not be deleted. Regarding the retention period of the User's personal data, it is permanently available in the Privacy Policy.

10. SECURITY. PASSWORD RECOVERY

ATANI may make available to the User information about the security of the chosen password and also offers the User the possibility of accessing his/her account through a two-factor authentication ("2FA") which significantly increases the security of access to the account. ATANI shall not be liable for any loss of funds resulting from theft of passwords or 2FA keys.

In line with the provisions of these Terms and Conditions, ATANI assumes that any movements made on a User's account have been made by the User, and therefore the User acknowledges and accepts sole responsibility for the use made of his or her account and for the direct and indirect consequences and damages arising therefrom.

In the event that the User detects that his/her account has been attacked or that a third party has carried out transactions through his/her account, he/she must notify ATANI as soon as possible in order to proceed to block the account by sending an email to the following address: support@atani.com.

It is important that the User periodically checks their Wallet balance and transaction history to ensure that any unauthorised or incorrect transactions are identified and reported as soon as possible.

In the event that the User forgets or loses his/her password, he/she can recover it by the means available through the Platform, or contact ATANI by sending an email to the following address: support@atani.com.

11. RESPONSIBILITIES

Under no circumstances shall ATANI be liable for any claim for:

  1. Unauthorised transactions (transactions that have not been authorised by the User); or
  2. Incorrect transactions (transactions made voluntarily by the User, for which the information is incorrect)

if the User has acted fraudulently, intentionally or negligently and this has resulted in such unauthorised transactions or incorrect transactions.

Likewise, ATANI assumes no responsibility for any losses that the User may suffer as a result of security breaches or service failures suffered by third party providers through which ATANI provides the Service.

12. NON-PROVISION OF BANKING SERVICES

The User acknowledges and accepts that the balance in Euros displayed in his/her Wallet (Atani Wallet) is not the reflection of a deposit in a bank account held by the User, but the reflection or digital representation of the exchange rate in Euros at the time of displaying the total number of Cryptoassets that the User holds at that moment in ATANI.

13. RIGHT OF WITHDRAWAL

Pursuant to article 103 of Law 3/2014 of 27 March, the transactions set out in these terms and conditions are excluded from the right of withdrawal.

14. MODIFICATIONS TO THE TERMS

ATANI may modify at any time the conditions determined here, being duly published on the Platform and/or, at ATANI's sole discretion, notifying the Users of the same by e-mail.

The User's use of the Platform from the time of notification of the modification of these Terms and Conditions shall constitute the User's full acceptance of these Terms and Conditions; if the User does not agree to the new terms, the User shall cease to use the Platform.

15. INTELLECTUAL PROPERTY

All content on the Platform, including without limitation the design of its screens, promotional materials, trademarks, trade names, trade dress, text, graphics, logos, images, icons, buttons, videos, sounds, music, databases, source code, software and colour combinations (hereinafter, the "Content"), is owned by ATANI or its licensors.

The Content may not be reproduced, modified, transformed, edited, translated, transferred, distributed, performed, marketed, publicly communicated, stored, used for purposes other than those provided for in these Terms, or be the subject of derivative works, without the prior written permission of the rights holder.

Your access to the Platform does not grant you any licence, right or title to any intellectual property rights in all or any portion of the Content. Users are granted only a non-exclusive, revocable, limited licence to access and use the Platform and the Content in accordance with these Terms and Conditions.

If the User considers that the Platform or the Content violates any intellectual property rights of third parties, he/she must notify ATANI at the address indicated in these Terms and Conditions, attaching all the necessary information and documentation to support such consideration.

16. DATA PROCESSING AND USE OF COOKIES

In accordance with the provisions of the General Regulation on the Protection of Personal Data and other applicable regulations on the subject, we inform you that the personal data provided by the User through the Platform or by sending emails will be processed by ATANI as the data controller in order to carry out the registration of Users, carry out the transactions requested, deal with Users' queries, as well as receive periodic notifications by electronic means. Users can find further information on the processing of their data in the privacy policy, which must be read and understood in order to use the Services.

ATANI undertakes to comply with the obligation of secrecy of personal data, and has therefore adopted the necessary measures to prevent their alteration, loss, unauthorised processing or access, taking into account the state of technology at all times.

On the other hand, ATANI informs that by visiting its Platform (without carrying out the registration process by the User) no personal data that identifies a user is automatically registered, on the other hand there is certain information of a non-personal nature and not identifiable with a specific user that is collected during the live session through devices called "cookies" that allow us to obtain statistical information on the use of the Platform to then be able to make improvements. All Users must accept, reject or configure cookies to browse the Platform through the pop-up banner when entering the Platform. For more information, please see our Cookie Policy.

The Application uses two types of cookies: Amplitude and Hotjar.

  1. Further information on Amplitude's privacy policy can be found at the following link: https://amplitude.com/privacy.
  2. For more information about Hotjar's privacy policy, please visit the following link:https://www.hotjar.com/privacy/

17. PRIVACY AND BLOCKCHAIN

Investment in cryptoassets can be recorded on a public blockchain. Public blockchains operate like ledgers, intended to immutably record transactions on networks of computer systems. Many of these public blockchains allow forensic analysis that can lead to de-anonymisation and inadvertent disclosure of private financial information, especially when blockchain data is combined with other data.

As blockchains are decentralised or third party networks that are not controlled or operated by ATANI, we cannot delete, modify or alter personal data on such networks. For more information, please see our Privacy Policy.

18. APPLICABLE LAW AND JURISDICTION

For any interpretative or litigious matters related to the web portal or the app, Spanish law shall apply and in the event of a dispute, both parties agree to submit, waiving any other jurisdiction that may correspond to them, to the jurisdiction of the Courts and Tribunals of the city of Madrid (Spain) provided that the dispute is not related to any financial transaction, which shall be resolved through the jurisdiction of the Courts and Tribunals of the consumer's domicile or by filing the appropriate claim by filling in the following electronic form: http://ec.europa.eu/consumers/odr/

19. LINKS

In the event that there are links or hyperlinks to other Internet sites, ATANI shall not exercise any type of control over said sites and contents. Under no circumstances shall ATANI assume any responsibility for the contents of any link belonging to an external website, nor shall it guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, truthfulness, validity and constitutionality of any material or information contained in any of these hyperlinks or other Internet sites. Likewise, the inclusion of these external connections does not imply any type of association, merger or participation with the connected entities.

It is expressly forbidden to introduce hyperlinks for commercial purposes on non-ATANI websites that allow access to the Platform without the express consent of ATANI. In any case, the existence of hyperlinks on websites not belonging to ATANI shall in no case imply the existence of commercial or mercantile relations with the owner of the website where the hyperlink is established, nor the acceptance by ATANI.

20. MISCELLANEOUS

In the event that one or more clauses of these Terms and Conditions are declared null and void by any competent authority or judicial body, such nullity shall not affect the validity of the remaining clauses, which shall remain in full force and effect.

21. ASSIGNMENT

The User may not assign its contractual position, this contract, or any of its rights or obligations hereunder to any third party.

22. CONSENT TO ELECTRONIC NOTIFICATIONS

The User expressly consents to be notified or informed by electronic means of all information relating to his or her User status, account and use of the Platform.

23. CONTACT AND USER SERVICE

ATANI has a user support service, from Monday to Friday working days from 9 am to 6 pm (GMT+2h), accessible by sending an e-mail to the following address: support@atani.com.

24. SUGGESTIONS

By submitting ideas, content, suggestions, documents and/or proposals to ATANI you acknowledge and agree that: (a) your suggestions do not contain confidential or proprietary information; (b) ATANI is under no obligation to maintain the confidentiality of such suggestions, whether express or implied; (c) ATANI shall be entitled to use or disclose (or elect not to use or disclose) such suggestions for any purpose whatsoever, in any manner or in any media worldwide; (d) ATANI may already have, under consideration or development, something similar to the suggestions; (e) your suggestions automatically become the property of ATANI without ATANI assuming any obligation to you; and (f) under no circumstances shall you be entitled to any compensation or reimbursement from ATANI.