Terms and Conditions - AhoraCrypto

1. GENERAL INFORMATION

These Terms and Conditions, together with the Legal Notice, the Privacy Policy, the Cookies Policy and any other specific conditions published on this website, apply to any person with legal capacity who contracts AhoraCrypto's services through the website or its platform (hereinafter, the Platform).

AHORACRYPTO, S.L., with Tax ID (CIF) B10521227, is the company responsible for the website https://ahoracrypto.com and for the Platform hosted at that domain. Through the Platform, AhoraCrypto enables the user to:

Buy crypto-assets admitted on the Platform in exchange for legal tender currency and sell them in exchange for the same, with AhoraCrypto always acting as counterparty to the transaction.
Receive the purchased crypto-assets in an external wallet owned by the user and, where applicable, send from that wallet the crypto-assets the user wishes to sell.

AhoraCrypto does not provide custody or administration of crypto-assets on behalf of clients, does not hold client funds, does not issue or manage electronic money, does not operate a crypto-asset trading platform and does not exchange one crypto-asset for another. The crypto-assets purchased by the user remain at all times outside AhoraCrypto's control and custody, in an external wallet owned by the user.

These Terms and Conditions must be accepted by the user in order to use AhoraCrypto's services. Should the user fail to accept them during the registration process, use of the Platform's services will not be possible.

By expressly accepting these Terms and Conditions, the user is understood to have accepted them in full and, therefore, to have previously read and understood each and every one of their terms, undertaking to comply with the provisions established herein.

Access to and use of AhoraCrypto's services is only permitted to users located in jurisdictions where the provision of the service is legally admissible. Any attempt to register or use the service from jurisdictions where it is not available may be denied or restricted.

2. ACQUIRING USER STATUS

User status may be acquired by persons of legal age with full capacity to contract who accept these Terms and Conditions (hereinafter, the user).

Where the user accesses the Platform in the name and on behalf of a legal entity, the user accepts and declares that they hold sufficient powers of representation to bind the legal entity or company they represent in the contracting of the services. In such cases, any request for services made by the user shall be attributable to the legal entity, and AhoraCrypto shall presume that such requests have been made by it.

Acquiring user status entails the reading and the express, unreserved acceptance of the clauses of these Terms and Conditions, the Legal Notice and the Privacy Policy. Registration as a user is an essential requirement for contracting the services.

The user shall access the services using the username and password generated during the registration process. Access credentials are strictly personal and confidential, and the user is responsible for safeguarding them. Consequently, the user accepts that AhoraCrypto shall presume that uses of the service made with their credentials are made by the user, unless the user has previously reported their loss or theft, in which case the user must change them immediately. AhoraCrypto may block access to the Platform whenever it deems it necessary for security reasons.

The password may be freely modified by the user through the procedures established for that purpose. The replaced password shall be void as a means of identification from the moment the new one is generated.

AhoraCrypto shall adopt the appropriate technical and organisational measures to ensure the correct use of the service and to prevent unauthorised access.

3. MINORS

Minors may not use the services provided through AhoraCrypto's website. Any application for registration by a person under eighteen (18) years of age shall be denied on this ground.

4. ENTRY INTO FORCE OF THE CONTRACT

These Terms and Conditions shall enter into force from the moment the user expresses their agreement by clicking the "I have read and accept the Terms and Conditions" button enabled on the Platform.

In compliance with Article 28 of Law 34/2002, of 11 July, on information society services and electronic commerce (LSSI), within a maximum period of twenty-four hours from entry into force, AhoraCrypto shall confirm acceptance.

5. AMENDMENT OF THE CONTRACT

AhoraCrypto reserves the right to amend these Terms and Conditions. Where the changes are material, they shall be notified to users, it being the user's responsibility to review the version in force, available at https://ahoracrypto.com.

The user shall be deemed to accept the new Terms and Conditions if, after one (1) month from the date the amendment is made available to users, the user has not requested termination or cancelled the service. During that period, the user may express their disagreement with the changes, in which case they must request cancellation or termination of their user status.

6. DURATION OF THE CONTRACT

This contract has a one-year duration from its acceptance, automatically renewable for successive periods of equal duration, indefinitely, unless either party notifies the other of its intention not to renew. The user may request termination of the contract at any time, without prejudice to the prior fulfilment of all their payment obligations towards AhoraCrypto.

7. PRIVACY POLICY

The website's Privacy Policy must be accepted together with these Terms and Conditions. The information provided by the user is necessary for the provision of the services and shall be processed in accordance with the applicable data protection legislation. The Privacy Policy is available at https://ahoracrypto.com/info/privacy-policy

8. TERMINATION AND RESCISSION

This contract shall terminate for the following reasons:

Breach of an essential obligation of the contract, in which case the other party may rescind it unilaterally.
Automatically, upon non-acceptance of any amendment to these Terms and Conditions, the Privacy Policy, any legal text or the price of the service.
By the unilateral and express decision of the user, who may terminate the relationship at any time by notifying info@ahoracrypto.com.

Once the contract is terminated for any reason, the user may not request AhoraCrypto to reverse the purchase and sale transactions already executed during the term of the contractual relationship.

9. NULLITY OF ANY PROVISION

If, for any reason, any provision of these Terms and Conditions is deemed null and void, such declaration shall not affect the remaining provisions, which shall remain in force.

10. PROVISION OF SERVICES BY AHORACRYPTO

AhoraCrypto provides the services of purchase and sale of crypto-assets for legal tender currency and of sending and receiving crypto-assets to and from the user's external wallet, on the terms described in clause 1 and clause 13.

In providing these services, AhoraCrypto always acts as counterparty to the transaction, delivering crypto-assets from its own inventory or acquiring them from the user, and never as an intermediary in a payment service. AhoraCrypto does not take possession of clients' crypto-assets or of the means of access to them, does not hold client funds and does not provide custody services.

The user undertakes to use the Platform responsibly, releasing AhoraCrypto from any liability arising from an inappropriate, erroneous or unlawful use of it.

11. INFORMATION AND DOCUMENTATION REQUIREMENTS

For the provision of the services, users must provide, in accordance with Law 10/2010, of 28 April, on the prevention of money laundering and terrorist financing, the information necessary to comply with formal client identification obligations.

Different levels of information shall be requested depending on the service and on the economic thresholds of the transactions. The type of user shall determine the information to be requested, depending on whether they are a natural person or the representative of a legal entity, and may include, among others, DNI or NIE, residence card, deeds, shareholding structure and evidence of business activity.

AhoraCrypto works with Didit as its identity verification (KYC) services provider. Didit is a brand operated by Didit Identity Spain, S.L., a company registered in Spain. Its platform enables the identification and verification of users to be completed entirely online, including biometric proof, document validation and screening against sanctions lists.

AhoraCrypto may at any time request additional information in order to ascertain the nature of the user's business relationship, including through a third party. The lack of information or the existence of indications of money laundering shall entitle AhoraCrypto to unilaterally and immediately cancel the contract.

If AhoraCrypto is unable to verify the user's identity, the user shall be prevented from carrying out transactions. Identity verification shall be more or less stringent depending on the risk profile determined for each transaction.

12. PRICE OF SERVICES AND TRANSACTIONS

The service provided shall generate fees and commissions, which may be consulted in the fees section of the website and shall be communicated to the user before each transaction, and which shall be kept in the user's transaction history for ten (10) years in accordance with the legislation in force.

The price applicable to each purchase and sale transaction includes the corresponding spread and is determined on the basis of market references and the estimated cost of sourcing the asset. The user shall see the final fixed amount in euros before confirming the transaction, and may accept or reject it. The user does not bear any fees for the internal conversions that AhoraCrypto carries out to replenish its own inventory.

Any change in the fees associated with the payment service providers shall be communicated to the user with the legally required notice.

It is the user's sole responsibility to determine whether, and to what extent, taxes apply to the transactions they carry out through AhoraCrypto, and to report or pay the corresponding amount to the competent tax authorities.

13. AHORACRYPTO SERVICES

13.1. General matters

13.1.1. Accuracy of information. The user must provide the information required when creating their account or when requested through the Platform, and warrants that such information is accurate and complete.

13.1.2. Conditions and restrictions. AhoraCrypto may, at its discretion, reject any transaction, impose limits on amounts or establish other conditions or restrictions on the use of the Platform.

13.1.3. Insufficient funds. If the amount paid by the user is insufficient to complete a transaction, AhoraCrypto may cancel the transaction or complete it partially with the available funds, deducting the applicable fees.

13.1.4. Cancellations. The user may only cancel a transaction if the cancellation takes place before AhoraCrypto executes it. Once the purchase and sale transaction has been executed, the authorisation for its performance may not be changed, withdrawn or cancelled.

13.1.5. Taxes. The user is responsible for determining which taxes apply to their transactions and for reporting and remitting them to the competent tax authority. AhoraCrypto is not responsible for determining, collecting, withholding or remitting the taxes arising from the user's transactions.

13.2. User's external wallet

In order to receive the purchased crypto-assets and, where applicable, to send the crypto-assets they wish to sell, the user shall use an external wallet of their own ownership, separate from AhoraCrypto and under their exclusive control (self-custody, or custody by a third party other than AhoraCrypto).

AhoraCrypto does not provide, manage or hold crypto-asset wallets on behalf of users, nor does it store private keys, seed phrases or any other means of access to the user's crypto-assets. The user is solely responsible for the security, administration and correct use of their external wallet. AhoraCrypto may request verification of the ownership of the wallet used and its screening against lists of sanctioned addresses.

The loss by the user of the keys or means of access to their external wallet is irreversible and beyond AhoraCrypto's control.

13.3. Purchase and sale of crypto-assets for euros

AhoraCrypto enables the user to acquire, by contributing legal tender currency (euros), the crypto-assets admitted and published on the Platform, as well as to sell them in exchange for euros. The only legal tender currency accepted is the euro. The catalogue of admitted crypto-assets is published on the website.

In the purchase of crypto-assets, the quote is determined at the moment AhoraCrypto receives notification of payment. If a prolonged period elapses between the start of the process and the acceptance of the initial price, AhoraCrypto may update the price to align it with the market price at that time, showing the user the final guaranteed amount for acceptance or rejection. Once the payment has been received and verified, AhoraCrypto sends the crypto-assets from its own inventory to the external wallet owned by the user.

In the sale of crypto-assets, the user sends the crypto-assets from their external wallet to the address indicated by AhoraCrypto and receives the equivalent value in euros in a SEPA bank account of their ownership previously verified.

Means of payment. As means of payment for purchase transactions, AhoraCrypto accepts:

payment by VISA or MASTERCARD credit or debit card;
SEPA bank transfer to AhoraCrypto's corporate account;
Google Pay and Apple Pay.

Where a card or bank account is used, the holder of the means of payment must match the holder registered in the AhoraCrypto account. Any discrepancy may result in the transaction being denied, in the temporary suspension of the account or in its closure.

Payment gateway. AhoraCrypto works with the following entities as payment gateway service providers:

UAB ZEN.COM, a financial institution supervised by the Bank of Lithuania and approved by the European Banking Authority, with tax identification number LT100011714916 and electronic money institution licence number LB000457.
Stripe Payments Europe, Ltd., registered in Ireland with company number 513174 and registered office at The One Building, 1 Grand Canal Street Lower, Dublin, Ireland, supervised by the Central Bank of Ireland.

Bank transfers and rejected transactions. SEPA transfers shall be executed in accordance with Regulation (EU) No 260/2012, with the user's credit institution being the one to execute them. The originator of the transfer and the registered user must match. The user is responsible for the integrity and accuracy of the data provided. AhoraCrypto reserves the right to temporarily halt a transaction in order to gather additional information about the user and the means of payment, which may even result in the refund of the payment. In the event of a refund, the amount paid in euros shall be reimbursed, less the fees applied by the bank, and not the equivalent in crypto-assets.

The user may not make transfers from jurisdictions considered non-cooperative, in compliance with the regulations on the prevention of money laundering and terrorist financing.

13.4. Sending and receiving crypto-assets

The sending and receiving of crypto-assets constitute a necessary part of the purchase and sale transaction. AhoraCrypto, always acting as counterparty and never as an intermediary in a payment service, sends the purchased crypto-assets to the external wallet owned by the user, or receives from it the crypto-assets being sold.

The user must correctly indicate and enter the destination address of the wallet they own, and must send only crypto-assets of the type that such address is able to receive. AhoraCrypto is not liable if the address indicated by the user is incorrect or cannot receive the relevant crypto-asset. For security reasons, transfers may be subject to review before being broadcast to the blockchain network, including Travel Rule and sanctions list checks.

14. OBLIGATIONS

AhoraCrypto undertakes to:

Provide the service in accordance with these Terms and Conditions.
Keep the Platform operational, save for temporary interruptions due to maintenance, technical issues, cyberattacks and similar situations.
Diligently attend to the user's queries arising from the use of the services.
Notify the user of any movement that may be considered suspicious and that could compromise the user's security.

AhoraCrypto is not obliged to carry out transactions arising from airdrops (free distributions) or forks (blockchain splits), reserving the right to carry them out as it deems appropriate.

The user undertakes to:

Confirm acceptance of these Terms and Conditions.
Provide all data necessary for accessing and using the services, which must be truthful and current.
Make appropriate use of the services, in accordance with the regulations in force.
Refrain from carrying out any activity that hinders or interferes with the correct functioning of the Platform.
Adopt the necessary security measures to maintain the confidentiality of their credentials and immediately notify AhoraCrypto of their loss, theft or unauthorised access.
Be responsible for all transactions carried out in their account.

15. LIABILITY

The user acknowledges and accepts that transactions with crypto-assets may entail a high risk, the value being capable of significant upward and downward variations, up to the total loss of the amount invested. AhoraCrypto shall bear no liability for the losses or gains the user may incur.

The user declares that they understand and have the knowledge necessary to use systems and services within the blockchain ecosystem, and that they are fully aware of the associated risks.

Crypto-asset transactions are irreversible, so the user must take the utmost precautions when providing the address of their external wallet. AhoraCrypto shall not be liable for any loss of crypto-assets or fiat currency resulting from any act or omission of the user.

AhoraCrypto does not provide any kind of advice. The user's decisions are made on a personal basis and on their own initiative.

Any incident in the operations of banking entities or payment service providers shall be the sole responsibility of such entities.

AhoraCrypto is not liable for errors committed by third parties during the purchase process (KYC providers, payment gateways, blockchain networks, among others). In such cases, the amount paid in legal tender currency shall be refunded, but not the equivalent in crypto-assets.

In the event of any incident, the user may contact technical support at soporte@ahoracrypto.com.

16. EXCLUSIONS OF LIABILITY

AhoraCrypto is not liable in respect of services that do not comply with the legal order of other countries to which they might be provided. The services offered comply with the Spanish legal order.

AhoraCrypto is released from liability in the event of improper use of the Platform or use contrary to the legal order by the user, as well as in cases of unavailability of the service due to force majeure or temporary suspension for technical reasons.

AhoraCrypto is not responsible for the possible unavailability, delay or incident affecting the services it has subcontracted with third parties (such as Didit, Zen.com or Stripe), nor for the consequences that may arise from them, including changes in the price of crypto-assets.

AhoraCrypto assumes no liability for the improper use of the user's access credentials, unless the user has previously reported their loss, theft or misplacement.

AhoraCrypto prohibits the purchase of crypto-assets on its Platform for the payment of a ransom demanded by ransomware. In such a situation, AhoraCrypto recommends not making the payment and contacting the police authorities immediately.

AhoraCrypto shall assume no liability for damages or losses arising from unforeseeable or unavoidable events, by fortuitous event or force majeure, nor for the economic losses arising from the fluctuation in the price of the crypto-assets acquired.

17. LINKS TO THIRD-PARTY WEBSITES

AhoraCrypto's website may contain links or hyperlinks to third-party websites, governed by their own conditions. AhoraCrypto is not responsible for the transactions the user may carry out through such external websites, nor for their legal texts.

18. ASSIGNMENT AND CONTRACTUAL SUBROGATION

AhoraCrypto may, with the prior express consent of the users, assign the contracts entered into with them to other entities in order to carry out the purpose of the contract, as established in these Terms and Conditions.

19. MAINTENANCE AND TEMPORARY SUSPENSION OF THE SERVICE

AhoraCrypto shall endeavour to ensure the user's access to its services. It may temporarily suspend the services for maintenance or update reasons, informing users thereof. The user acknowledges that this may not be possible in emergencies.

The user's breach of the following obligations shall result in the temporary suspension of the service:

Failure to accept any updates to these Terms and Conditions or to any of AhoraCrypto's legal documentation.
AhoraCrypto's detection of fraudulent transactions.
The lack of information necessary to identify the user.

AhoraCrypto shall notify the user of the temporary suspension, its reason and the actions required to regularise their situation. After thirty (30) days without regularisation, the suspension shall become definitive.

20. DATA PROTECTION

The services provided require the processing of personal data. By contracting the services, the user expressly accepts the processing of their data as described in the Privacy Policy, available at https://ahoracrypto.com/info/privacy-policy

21. PREVENTION OF MONEY LAUNDERING

AhoraCrypto is subject to the regulations on the prevention of money laundering and terrorist financing in accordance with Law 10/2010, of 28 April.

Such regulations require, among other obligations, documentary identification of users, gathering information on the nature of their activity and reporting, at the request of the Executive Service of the Commission for the Prevention of Money Laundering and Monetary Offences (SEPBLAC) or on its own initiative, any fact or transaction in respect of which there is an indication or certainty of a link to money laundering.

AhoraCrypto may share transaction data with the Spanish Tax Agency, the Bank of Spain, the CNMV, SEPBLAC or other legitimate institutions that request it, provided this is legally permitted, and shall not share any data relating to transactions with any agency except upon legal requirement.

22. INVOICING

In relation to the purchase and sale of crypto-assets, and in accordance with Article 20.One.18 of Law 37/1992, such mediation services are exempt from Value Added Tax. AhoraCrypto shall issue an invoice and a copy thereof for transactions in which the recipient is an entrepreneur or professional acting as such. To this end, the client must request the invoice, which shall be delivered within a maximum period of 60 working days.

23. INTELLECTUAL AND INDUSTRIAL PROPERTY

The trademarks, names, designs, distinctive signs, images and trade name of AhoraCrypto, as well as all intellectual and industrial property rights over them, are and shall remain the sole and exclusive property of AhoraCrypto, and shall be protected by the applicable laws and treaties.

The Platform, its source code and the content it hosts are protected by national and international intellectual and industrial property regulations, and may not be subject to exploitation, reproduction, distribution, modification, public communication, assignment or transformation without the express written authorisation of the rights holders.

24. INFORMATION ABOUT CRYPTO-ASSETS

The user should bear in mind that crypto-assets:

do not, as a general rule, have the status of legal tender means of payment;
are not backed by a central bank or other public authorities; and
are not covered by protection mechanisms such as the Deposit Guarantee Fund or the Investment Guarantee Fund.

They are complex instruments, which may not be suitable for small savers, and whose price carries a high speculative component that may even result in the total loss of the investment. Payments in crypto-assets are irreversible. Most errors in payments arise from mistakes when entering data, so AhoraCrypto is not responsible for transfers made by users with incorrect data.

25. COMPLAINTS AND CLAIMS

The user may submit complaints and claims relating to the provision of the services through the procedure established for that purpose by AhoraCrypto, by contacting Customer Service at soporte@ahoracrypto.com. AhoraCrypto shall handle and resolve claims within the timeframes and in accordance with the procedure set out in its Complaints and Claims Management Policy.

26. APPLICABLE LAW AND COMPETENT JURISDICTION

This contract shall be governed by and construed in accordance with the Spanish legislation in force. Both parties submit, for any interpretation or dispute, to the courts and tribunals that are competent under the applicable legal order.

These Terms and Conditions have been drafted in Spanish and translated into English for the user's convenience. In the event of any discrepancy or conflict between the two versions, the Spanish version shall prevail.

27. PROMOTIONAL COMMUNICATIONS

By accepting these Terms and Conditions, the user accepts receiving electronic communications from AhoraCrypto by email, notifications, notices and messages on the Platform or through other AhoraCrypto services.

28. USER SUPPORT SERVICE

The user may contact the user support service at soporte@ahoracrypto.com.