Terms & Conditions

Cryptio - General Terms and Conditions

Entry into force: 1 january, 2021

1. Purpose

The company Cryptio proposes an automated bookkeeping platform from data collection to exports in accounting systems (hereinafter referred to as the "Solution") to its clients (hereinafter referred to as the “Client”).

The purpose of these general terms and conditions (hereinafter referred to as the “General Terms and Conditions”) is to define the terms and conditions of use of the services provided on the Solution (hereinafter referred to as the "Services") as well as to define the rights and obligations of the various parties within this context.

The Solution and Services are available in a SaaS (Software as a Service) mode. The personnel selected by the Client for the use of the Solution, as provided here-above, shall be referred to as the “Users”.

These General Terms and Conditions can be accessed and printed at any moment on https://cryptio.co/terms (hereinafter referred to as the “Website”).

They may be subject to certain additional terms and conditions specific to certain Services. The latter are hereby incorporated into the General Terms and Conditions. In the case of any inconsistency between the General Terms and Conditions and these specific conditions, the latter shall prevail.

These General Terms and Conditions will prevail over any other general or specific terms and conditions not expressly approved by Cryptio.

2. Manager of the Solution and Services, Contact Details

The Solution, the Website and the Services are managed by Cryptio, a French simplified joint stock company (“Société par Actions Simplifiée”), registered under number839169257 with the Registry of Trade and Companies of Paris, whose head office is located at 101 rue de Sèvres 75006 (hereinafter referred to as "Cryptio").

Cryptio can be contacted through any of the following channels:

Street Address: 101 rue de Sèvres 75006 Paris
Email address : [email protected]

3. Access to the Solution and Services

3.1. Legal capacity

The Solution and Services can be accessed by:

• Any person having the full legal capacity to be bound by these General Terms and Conditions. Any person who does not have such full legal capacity may only access the Solution and the Services with the agreement of their legal representative.
• Any entity acting through a person having full legal capacity to contract for and on behalf of the entity.

3.2. Solution and Services for professional use

The Solution and the Services are designed and meant for professional use, so that they are intended exclusively for professionals within their activity.

4. Acceptance of the General Terms and Conditions of Use

These General Terms and Conditions of Use can be accepted by checking a checkbox in the subscription form. This acceptance can only be full and complete. Any qualified acceptance is considered as null and void. Clients who do not accept to be bound by the General Terms and Conditions of Use must not use the Services.

5. Registering on the Website

5.1.

In order to use the Services, Clients must register on the Website by completing the registration form. Clients must provide all information that is marked as being required. Incomplete registrations shall not be validated.

Registering automatically entails the opening of an account in the Client name (hereinafter referred to as the "Account").

It is the Client's responsibility to select the Users who have access to the Solution, within the maximum number specified in the offer subscribed by the Client (hereinafter referred to as the “Offer”) which is described on the Website, to determine the nature of the accesses given to them, as well as the data and information to which they have access. The various conditions of access for Users are described in the Website.

It is also the Client's responsibility to designate, among the Users, the one or ones who will be in charge of the administration of the Solution (hereinafter referred to as the "Administrators"), as well as to communicate to Cryptio, by any useful written means, the names and email addresses of the Administrators and Users, so that the Cryptio can open an account in the name of each of them (hereinafter referred to as the "User Accounts"). Clients guarantee that all information they provide in their registration form is exact, up to date and sincere and is in no way misleading or dishonest.

They agree to update this information in their Personal Workspace (hereinafter referred to as the “Personal Workspace”) in the event that any of it should change in order to continuously meet the above-mentioned criteria.

Users are hereby informed and accept that the information provided by them for the creation or update of their Use Account is valid as proof of their identity. Details entered by Users shall be binding upon confirmation.

5.2.

Users can access their Personal Workspace by logging in to the Website using their connection ID and their password.

Users agree to use the Services themselves personally and agree not to allow any third party to use them on their behalf, unless accepting full responsibility for the consequences.

Users are also responsible for keeping their connection ID and password confidential, as any access to the Solution with these ID and password are deemed to be made by them.

Users must contact Cryptio immediately through any of the channels mentioned in Article 2 of these General Terms and Conditions, if they notice that their Account has been used without their knowledge. Users acknowledge Cryptio’s right to take all measures it deems appropriate in a case such as this.

6. Description of the Services

Clients have access to the following Services included in the Offers described on the Website, in a format and according to the technical means that Cryptio deems the most appropriate.

6.1. Aggregation of all the crypto transactions and addition of information to the Clients transactions to make the accounting easier

Through the Solution, the Client can aggregate all their crypto transactions and access to them via their Account.

The Solution allows the Clients to synchronize their data from their crypto wallets (like Bitcoin or Ethereum wallets) , exchange accounts (like Binance or Coinbase)  and custody solutions (like Bitgo or Anchorage)  and retrieve their full transaction history through APIs.

The Solution allows Clients to define the nature of their transactions by completing:  

• Labels: setting rules to assign their transactions to the right account (staking rewards, payroll expense,etc.. )
• Contacts: identifying the counterparties of their transactions
• Invoices: attaching their invoices to their transactions, seting a payment status and tracking future payments.

6.2. Compliant crypto-to-fiat valuation system

The Solution uses prices directly from exchanges, at the exact time of the Clients transaction with crypto assets and provides the Client with all the information related to the valuation (exchange, time) via its partner Kaiko.

6.3. Integration of the crypto data in the Client’s accounting system

Clients can import their chart of account,  map their accounts with the labels they have created, and integrate their data in their accounting system (Quickbooks, Xero...).

6.4. Tracking business portfolio

The Solution allows the Clients to get a consolidated and real time view of their crypto assets in a dashboard accessible via the Account.

6.5. Exporting additional reports

Clients can export reports through the Solution to answer to their accounting and audit needs, such as:

• transaction history;
• balance report;
• ledger entries report;
• income statement;
• portfolio performance report.

6.6. Hosting of the data

Cryptio shall provide the hosting of the data on secured servers, in compliance with the best practices and safety rules of the profession.

The Client is informed and agrees that Cryptio may collect, store, and use anonymous Client’s generated data; including after termination of the subscription and Services, to improve the Solution and the Services or to create and provide any new innovation or Service.

6.7. Availability of the Solution and the data

Cryptio shall make its best effort to ensure an optimal availability of its server infrastructure.

Nevertheless, the Client expressly acknowledges and accepts that Cryptio reserves the right to interrupt access to the Solution and data momentarily for maintenance purposes.

Given the complexity of the internet, the disparity in capacity of the various subnetworks, the fluctuations in the number of users of the Solution at peak times, the various bottlenecks over which Cryptio has no control, the liability of Cryptio shall be limited to the running of its servers, the external limits of which are their points of connection.

Cryptio shall not be held liable for (i) access speed to its servers, (ii) slowdowns that are external to its servers and (iii) faulty transmissions caused by technical malfunctions or failures of these networks.

Also the Client expressly acknowledges and accepts that Cryptio has no control over the crypto wallets, exchange accounts and custody solutions which are connected to the Solution through APIs and shall not be held liable for any anomaly providing from them.  

6.8. Scope of the license

Cryptio grants to the Client a limited, personal, non-transferable, non-sublicensable, non-exclusive license to use the Solution. The license is granted for the sole purposes of the use of the Solution, for the Client’s own needs and by the sole User(s) authorized by the Client.

The right of use means the right to represent and implement the Solution in accordance with its purpose, via a connection to a communications network. As a result, any other use of the Solution is prohibited.

The Client is strictly forbidden to:

• sell, transfer, or distribute in any way the Solution
• reproduce permanently or temporarily any part of the Solution, in whole or in part, by any means and in any form
• modify the Solution and / or merge all or part of the Solution into other computer programs
• remove, obscure or alter in any way any mention of ownership associated with the Solution
• compile the Solution, decompile, disassemble, translate, analyze, reverse engineer or attempt to do so, except to the extent permitted by law and in particular Article L. 122-6-1 of the Intellectual Property Code
• use the Solution to develop a competing product
• use the Solution beyond the duration of the license
• and more generally to perform any act of use or exploitation of the Solution not included in the license

The license shall come into force upon the date when the Users’ registrations are validated, pursuant to the provisions of article “ Access to the Solution and Services ”.

6.9. Maintenance and support Services

6.9.1. Corrective and update maintenance

6.9.1.1. Corrective maintenance

The purpose of corrective maintenance is to correct, during the term of the subscription, as defined in article “Term of the Services, Subscription”, all anomalies, being understood as a bug or a malfunction that may be found on the Solution and its new versions (hereinafter referred to as the “Anomalies”) after the Users’ registration takes effect. It is to be specified that this does not concern the Anomalies which could be due to the crypto wallets, exchange accounts and custody solutions which are connected to the Solution through APIs.

The Client shall notify Cryptio any Anomaly, via live chat available on the Solution or by email at the following contact address ([email protected]) attempting to give a maximum of useful information so that Cryptio may characterize the incident.

Cryptio shall then proceed to the diagnosis of the Anomaly, including by verifying whether its origin is the Solution or not. Cryptio shall inform the Client by email or live chat available on the Solution of the results of this diagnosis in a timely manner.

In case Cryptio finds that the origin of the Anomaly is not the Solution, it shall inform the Client without delay. Otherwise, it shall commit the necessary resources to correct the Anomaly as soon as practicable.

6.9.1.2. Update maintenance

During the term of subscription, as defined in article “Term of the Services, Subscription”, Cryptio shall make the Client benefit from all improvements of the functionalities of the Solution (hereinafter referred to as the “Updates ”).

The nature and the frequency of these Updates shall be left at Cryptios’ own discretion.

The Client expressly agrees that the Updates shall be performed automatically and without prior notice.

6.9.1.3. New versions

During the term of Subscription, as defined in article “Term of the Services, Subscription”, Cryptio shall make the Client benefit from all changes of the Solution by adding new functionalities (hereinafter referred to as the “New Versions”).

The Client acknowledges and expressly agrees that it will be carried out either free of charge, either for a fee, and that in both cases it may be made available to other Cryptio Clients.

In the last case, New Versions will be subject to a specific price. Cryptio will send the Client a quotation, in which will be specified the terms of their realization, their price and terms of payment.

The Client may validate this quotation by sending a signed version to Cryptio.

6.9.2. Technical support

Besides Anomalies and regarding any question in relation with the Solution, Cryptio provides a technical support which consists in assistance and advice.

Such support can be provided through live chat available on the Solution or emails to Cryptios’ support service at the address: ([email protected])

According to the requirements, Cryptio shall assess the time needed for answers, as well as their nature, and shall inform the Client of such assessment.

6.10. Other Services

Cryptio reserves the right to propose any other Service that it deems useful, in a format and according to the technical means that it deems the most appropriate for providing the said Service.

Cryptio can also provide assistance on the onboarding, for which additional fee might be required.

7. Term of the Services and subscription

The Services are accessible in the form of a subscription (hereinafter referred to as the “Subscription”).

Subscription begins on the day of the payment by the Client at the end of the Free Trial.

Depending on the Offer chosen by the Client, the Subscription may have a term of 1 (one) month or 1 (one) year (hereinafter referred to as the “Initial Period”), from date to date.

It is then automatically renewed for successive periods of the same term as the Initial Period (hereinafter referred to, with the Initial Period, as the “Subscription Period(s)”), from date to date, unless the Client has asked Cryptio to unsubscribe or Cryptio has requested the cancellation of the Subscription of the Client according to the provisions in the article “Sanction of breaches” .

Clients can unsubscribe at any time from their Account when they subscribed for a 1 (one) month Initial Period. Their Subscription shall be cancelled immediately.

When Clients subscribed for a 1 (one) year Initial Period, they can only unsubscribe at any time after the end of the Initial Period.
Any started Subscription month is due in its entirety.

8. Financial Conditions

8.1. Prices

The prices of the Offers are indicated on the Website.

Unless otherwise stated, they are expressed in Dollars and are inclusive of taxes.

Cryptio reserves the right, in its sole discretion and according to conditions that it deems appropriate, to propose promotional offers or price reductions.

8.2. Terms of payment

The payment of the Subscription price is carried out:

• by direct debit from the Client’s bank card
• by wire transfer (for annual payment only).
• by crypto through Coinbase Commerce (for annual payment only) .

The direct debit is implemented by the secured payment service provider Stripe , that Cryptio entrusts with the storage of the Client’s bank data to this end. Cryptio doesn’t store any bank data.

The price of the Subscription is due and the direct debit is carried out on the day of the beginning of the first Subscription, then on the date of each Subscription renewal.

The Client guarantees to Cryptio that it has all the necessary authorizations to use the chosen payment mode. The Client undertakes to take all necessary measures so as to ensure safe carrying out of the direct debit.

8.3. Subscription upgrade or downgrade

The Client can upgrade or downgrade its Subscription at any time, through its Account.

The upgrade applies at the moment of the upgrade for the duration of the new subscription.

In the case of a Subscription downgrade, the downgrade applies at the end of the subscription period. In the case of a Subscription downgrade, the Client loses some of the functionalities of the Solution attached.

8.4. Price revision

The prices provided on the Website may be revised by Cryptio at any time, in its sole discretion.

The Client will be informed of this revision by Cryptio by any written mean (including email), at least:

• 1 (one) week before the entry into force of the new prices, if the Subscription Period has been subscribed for a duration of 1 (one) month
• 2 (two) months before the entry into force of the new prices, if the Subscription Period has been subscribed for a duration of 12 (twelve) months.

When effective, the new prices apply upon the renewal of the Subscription.

The Client who does not accept the new prices must cancel its Subscription according to the provisions set out in Article “Term of the Services and subscription”. Clients who continue to use the Services after the entry into force of the new prices shall be deemed to have accepted them.

8.5. Invoicing

Cryptio shall issue invoices for the Services, for each Subscription Period.

These invoices will be sent to the Client through any pertinent channel.

8.6. Payment delays and incidents

Clients are hereby informed and expressly agree that any payment delay of all or part of any payable amount at its due term shall automatically entail, without prejudice to the provisions set out in Articles 12 (Sanctions for breaches) and 6 (Term of the Services and subscription) and from the day following the payment date indicated in the invoice:

1. Forfeiture of the term of all amounts payable by the Client in question, that will become immediately due,
2. Immediate suspension of current Services until complete payment by the Client in question of all amounts due,
3. Invoicing of a late payment interest, for Cryptio ’s benefit, at the rate of 3 (three) times the legal interest rate, calculated on the total of all amounts due by the Client in question and a flat indemnity of 40 (fourty) euros as recovery fees, without prejudice of any further compensation in the event effective recovery fees should be higher than this amount.

9. Agreement in relation to proof

Clients expressly acknowledge and accept that:

1. Data collected on Cryptios’ Solution and its computer equipment attest to the reality of the transactions performed in the context of this agreement

1. These data are the main means of acceptable proof between the parties, in particular for the calculation of amounts due to Cryptio.

Clients can access these data in their Account.

10. Obligations for Clients

Without prejudice to other obligations provided for in this agreement, the Client undertakes to respect the following obligations.

10.1.

The Client undertakes to provide Cryptio with all documents, data and information necessary for the appropriate fulfilment of Cyptios’ obligations under this agreement.

More generally, the Client undertakes to actively cooperate with Cryptio for the proper performance of this agreement and to keep Cryptio informed with any difficulty in such performance.

10.2.

The Client acknowledges having read and understood the characteristics and constraints of the Solution, having received from Cryptio all necessary guidance, instructions and details to subscribe with full knowledge to this agreement, and being fully acquainted with the Solution that it has, prior to this agreement, sufficiently spoken with Cryptio to ensure that the Solution fulfils its expectations, needs and constraints.

10.3.

The Client expressly acknowledges that the implementation of the Solution, as well as any communication with Cryptio including in the context of remote maintenance and support services, require that it should be connected to the internet and that it is solely responsible for such connection.

10.4.

The Client is sole responsible for the use of the Solution by Users. The Client warrants that the Users shall not use the Solution for any illicit, non-compliant or unauthorised purposes, including against all laws and regulations in force. The Client is therefore solely responsible for setting up procedures aimed at preventing and redressing the commission of such acts.

More generally, the Client is sole responsible for business decisions that may have been made by the Users, or any other person belonging to the Client’s company, on the basis of the data collected via the Solution.

10.5.

The Client undertakes not to allow access to the Solution to a number of Users exceeding the number indicated in the Subscription.

To this end, the Client acknowledges being informed that Cryptio reserves the right to monitor the access of the Solution by the Users and ensure that each account is used only by its sole User.

10.6.

Clients acknowledge that the Solution provide them with an additional solution, not an alternative solution, for having an automated bookkeeping platform and that this Solution cannot substitute other means that Clients may dispose of elsewhere to reach the same goal.

10.7.

The Client is solely responsible for its relations with its crypto wallets, exchange accounts and custody solutions and other partners, as well as for the respect of its contractual commitments towards them. Cryptio should not be responsible for any difficulty that may arise in this context.

10.8.

The Client must ensure that the management of Users, access privileges and more generally, system settings shall be conducted professionally and that the User shall be a “person skilled in the art” who will be placed under the Client’s sole responsibility.

11. Clients’ Guarantee

Each Client agrees to defend, indemnify and hold Cryptio harmless from and against any claims, demands, actions and/or grievances whatsoever, that Cryptio could incur as a result of a breach by the Client in question of any one of its obligations or guarantees under these General Terms and Conditions of Use.

Clients agree to compensate Cryptio for any prejudice that the latter could be subject to, and to pay any costs, liabilities, charges and / or convictions that the latter could incur, as a result of such a breach.

12. Prohibited behavior

12.1.

It is strictly prohibited to use the Services to the following ends:

• Carrying out activities that are unlawful, fraudulent or infringe on the rights or the security of others,
• Violating public order or any local policy or laws,
• Hacking into the computer system of a third party or any activity aimed to harm, control, interfere or intercept all or part of a third party’s computer system, violating its integrity or its security,
• Sending unsolicited emails and / or prospecting or commercial solicitation,
• Tampering with the aim to improve referencing of another site,
• Using the Website or Solution for the release of information or links to third party websites,
• Assisting or inciting, in any manner or form whatsoever, the carrying out of one or several of the actions or activities described above,
• And more generally, any action that uses the Solution or Services for any other purpose than that for which they were designed.

12.2.

Clients are strictly prohibited from copying and / or using for their own purposes or those of a third party, the concept, technology or any other component of Cryptios’ Website and Solution.

12.3.

The following is also strictly prohibited: (i) any behavior that would interrupt, suspend, slow down or prevent continuity of the Services, (ii) any hacking or attempts to hack into Cryptios’ IT systems, (iii) any hijacking of the Website’s or Solution’s system resources, (iv) any acts that would place a disproportionate load on the Website’s or Solution’s infrastructure, (v) any attempts to breach the Website’s or Solution’s security and authentication structures, (vi) any acts that could infringe on the rights and financial, commercial and moral interests of Cyrptio or of the Users of its Solution and finally, more generally, (vii) any breach of these General Terms and Conditions of Use.

12.4.

It is strictly prohibited to make money from, sell or concede all or part of one’s access to the Services or to the Solution or to the information that is hosted and / or shared on the Solution.

13. Sanctions for breaches

In the event of a breach by the Client of any of the provisions of these General Terms and Conditions of Use or more generally, of any infringement by the former of any laws and regulations in force, Cryptio reserves the right to take any measures it deems appropriate, effective 15 (fifteen) days after reception, by the Client, of a formal notice, sent by registered letter with acknowledgement of receipt and stating the intention to apply this clause, which remained ineffective, this without prejudice to any damages that could be claimed from the Client in breach, and in particular:

1. to suspend and cancel the Subscription and the access to the Solution and the Services for any Client who has breached any provision or infringed any law or regulation, or who has participated in this breach or infringement
2. to inform any relevant authorities
3. to commence and prosecute any legal proceedings.

14. Liability and guarantee of Cryptio

14.1.

Cryptio shall fulfill its obligations under this agreement with diligence and in compliance with trade practice, specifying that it has an obligation to provide due care, but this without any obligation of result, and this is expressly acknowledged and agreed by Clients.

14.2.

Cryptio shall provide adequate personnel and assume a commitment to advise, inform, recommend and warn with regard to the Client.

In particular, Cryptio undertakes to inform the Client of any difficulty that may occur with regards to the implementation or the use of the Solution.

14.3.

Cryptio undertakes to set up adequate procedures in order to strengthen the security of the functioning of the Solution and to prevent any failure, intrusion or intrusion attempt by malicious third party.

However, Cryptio should not be held responsible for any lack of vigilance or security by the Clients or Users in the preservation of their connection ID or for any lack of security due to the Client crypto wallets, exchange accounts and custody solutions connected to the Solution through APIs.

14.4.

Cryptio undertakes to keep strictly confidential all data collected through the Solution, under this agreement, and to take all appropriate measures to ensure their security and confidentiality.

The Client expressly acknowledges having reviewed said measures and considering they are sufficient to enable Cryptio to fulfill its above-mentioned obligations of security and confidentiality.

14.5.

Cryptio certifies that it holds an insurance policy covering professional civil liability. Cryptio agrees to maintain this insurance policy in force for as long as any of its obligations under this agreement are applicable.

14.6.

Cryptio shall not be held responsible if the Solution is ever momentarily difficult (or impossible) to access, the causes of these circumstances being outside Cryptios’ control, force majeure, or due to any disruption in the telecommunications network.

14.7.

Cryptio shall not be held liable for any delay arising from (i) late or defective transmission by the Client of data and information necessary for the implementation of the Solution or (ii) all defects for which Cryptio is not directly responsible.

Cryptio shall not be held responsible for any damage which is not incurred by a malfunction of the Solution, in particular all difficulties arising from the Client’s infrastructure, personnel, materials or software.

14.8.

In  any event, Cryptio shall not be held liable to the Client for the payment of damages of any kind, whether they be direct, materiel, commercial, financial or moral, for an amount exceeding the total amount invoiced by Cryptio in the twelve (12) months prior to the time the alleged damages occurred.

15. Intellectual Property on the Website and the Solution

The systems, software, structures, infrastructures, databases and content (text, images, graphics, music, logos, trademarks, databases, etc.) used by Cryptio on the Solution and the Website, are protected by all intellectual property rights, or rights for the creators of databases, in force. Any dismantling, decompilation, deciphering, extracting, reusing, copying and, more generally, any reproduction, representation, publishing or use of all or part of any these items, without Cryptio’s authorization, is strictly prohibited and could lead to prosecution.

The license does not grant the Client any intellectual property rights in the Solution, which remains the exclusive property of Cryptio.

16. Personal Data

Cryptio and the Client undertake, each on its own behalf, to comply with the laws and regulation that apply to personal data, including the General Data Protection Regulation (regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016) as from its entry into force, namely May 25th, 2018.

Cryptio practices a policy of protection of personal data, the characteristics of which are detailed in the document “Privacy Policy”, which Clients are expressly invited to read.

17. Links and Third-Party Solutions

Cryptio can in no way be held liable for the technical availability or unavailability of Internet sites or solutions operated by third parties (including its potential partners) which, Clients would access through APIs or links on the Website.

Cryptio shall not be liable for content, advertisements, products and / or services available on such third-party solutions, sites or mobile applications and Users are hereby reminded that these solutions, sites or applications are governed by their own terms and conditions of use.

Cryptio shall not be liable for any transactions conducted between Clients and any advertisers, professionals or salespersons (including its potential partners) to which Clients may be oriented through the Website and shall not take part in any disputes whatsoever with these third parties, particularly concerning the delivery of products and / or services, guarantees, declarations or any other obligations whatsoever to which these thirds parties may be bound.

18. Customer references

Clients expressly authorize Cryptio to cite and use as appropriate a reproduction of their trademark or logo as a customer reference, especially at events, in its business documents and on its Internet site, in any form whatsoever.

19. Amendments

Cryptio reserves the right to amend these General Terms and Conditions at any time.

Clients shall be informed of these amendments through any pertinent channel.

Any Client who does not agree with the amended General Terms and Conditions of Use must unsubscribe from the Services according to the provisions set out in Article “Term of the Services and subscription”.

These amendments will apply upon the renewal of the Subscription Period of the Client.

Clients who continue to use the Services after the entry into force of the amended terms and conditions shall be deemed to have accepted these amendments.

20. Law and Jurisdiction

These General Terms and Conditions of Use are governed by French law.

In the event of dispute concerning the validity, interpretation and / or application of these General Terms and Conditions of Use, all parties agree that the courts of Paris shall be the only competent jurisdiction capable of judging the dispute, save conflicting mandatory rules of practice.

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EXECUTED by Cryptio
Acting by an Authorized Signatory,
Name: Antoine SCALIA
Email: [email protected]