CoinTracking mobile

General Terms of Use

1. Scope of application

1.1 CoinTracking GmbH, Pasinger Str. 16, 82166 Gräfelfing, Germany, operates under the domain https://cointracking.info, a web-based service for recording and documenting crypto transactions as well as related support, consulting and mediation services (hereinafter "Services"). Some of the Services can also be used via the CoinTracking Apps, which can be downloaded from the Apple App Store and the Google Play Store. In the following, the term "Services" shall therefore include the offer and use of the Services in the CoinTracking Apps both via the web-based access under the domain https://cointracking.info and via the CoinTracking App.

1.2 The Services and the offers of CoinTracking GmbH for the use of the Services are provided on the basis of these Terms of Use. These Terms of Use govern the legal relationship between CoinTracking GmbH and the users of the Services (hereinafter "Users") exclusively. They also apply in the event of conflicting terms and conditions of Users. These are not accepted even if CoinTracking GmbH provides Services with knowledge of the user's terms and conditions, unless otherwise expressly agreed in writing. By registering in accordance with section 2.1, the User acknowledges the validity of these Terms of Use.

1.3 The currently valid Terms of Use can be viewed and printed out at any time on the CoinTracking website.

2. Conclusion of the contract, obligations of the User

2.1 By completing the online registration process and creating a profile, an agreement on the use of the Services is concluded between the user and CoinTracking GmbH (hereinafter "User Agreement").

2.2 In order to create a profile, a user account must be created. This account consists of a user name and a password (hereinafter "Login Data"). Communication between CoinTracking GmbH and the User shall take place via the email address provided by the User; if no email address is stored, communication takes place via the "banner" in the user account. The User agrees to communication via email or, if no email address is provided, via the banner.

2.3 The User undertakes to use the Services offered by CoinTracking GmbH only for the contractual purpose.

2.4 The User is obliged to handle the Login Data with care. In particular, the User is prohibited from disclosing the Login Data to third parties and/or enabling third parties to access the profile by circumventing the Login Data. The User must take security precautions to prevent unauthorised access to his password or account. If access by an unauthorised third party is suspected, the User must change the password immediately.

2.5 If the User breaches his obligations to handle Login Data with care and his user account is used by third parties, the User shall be liable for all activities that take place using his user account. The User shall not be liable if he is not responsible for the misuse of his user account.

2.6 When registering for the first time, the User warrants that he is of legal age when registering for the first time and that the data used to create his profile (hereinafter "Profile Data") is correct and complete. Should there be any changes to the User’s email address or other contact data during the course of the existing contractual relationship, the User must inform CoinTracking GmbH of this immediately.

2.7 In any communication between the User and other users (e.g. on Freshdesk, Discord or in other forums), any contractual relationships are exclusively between the Users involved. In this respect, CoinTracking GmbH is neither a representative nor does it itself become a contractual partner.

2.8 The user account created with CoinTracking GmbH cannot be transferred to a third party.

2.9 CoinTracking GmbH is entitled to block an existing user account, where there is reasonable cause to suspect a breach of these Terms of Use. This applies in particular if the User gives false information during registration, violates the rights of third parties, misuses the Services offered by CoinTracking GmbH, is in default of payment or for any other important reason. Furthermore, CoinTracking GmbH is entitled to extraordinary cancellation in accordance with the statutory provisions.

2.10 If CoinTracking GmbH is prevented from providing its contractual Services due to the User's failure to fulfil his contractual obligations, CoinTracking GmbH is not responsible for any resulting service disruptions.

3. Use of the Services, support, consulting and mediation

3.1 CoinTracking GmbH offers the User the possibility to use the Services via the CoinTracking platform https://cointracking.info and the CoinTracking apps (with limited functionality) in the current version via the internet for the duration of the User Agreement. For this purpose, CoinTracking GmbH grants the User a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to use the Services via the CoinTracking platform and the CoinTracking apps for the contractually intended purpose for the duration and subject to the provisions of the User Agreement.

3.2 The Services offered include support provided by CoinTracking GmbH in the form of a FAQ page, a chat bot and a support desk accessible via a contact form (hereinafter "Support"). Users can contact the support desk with questions about their account and with technical and general questions about the Services. The support desk accepts enquiries from Monday to Friday (excluding public holidays) between 10.00 and 20.00 hours CET and responds within a reasonable time.

3.3 In addition, within the scope of the Services, CoinTracking GmbH offers individual advice, namely answering specific questions of the User regarding the Services and the import of transaction data from exchanges and wallets into the User's account and the verification and validation of the imported transaction data (hereinafter "Consulting"). The Consulting is charged at a flat rate or on a time basis. The prices for the Consulting are set out in the applicable price list.

3.4 The Services of CoinTracking GmbH mentioned in sections 3.1 to 3.3 and 3.5 do not include tax advice or investment advice.

3.5 CoinTracking GmbH provides Users the mediation of tax advisors whom Users can contact for tax advice in relation to their crypto portfolio or crypto transactions. CoinTracking GmbH acts exclusively as an intermediary; a contract for tax advice is concluded exclusively with the tax advisors referred by CoinTracking GmbH. On its website, CoinTracking GmbH merely provides the User with the opportunity to use a contact form to submit requests for tax advice to the tax advisors cooperating with CoinTracking GmbH. The User is informed that CoinTracking GmbH will receive a commission from a cooperating tax advisor if a contract is concluded between the User and a cooperating tax advisor.

4. Services of CoinTracking, change of service, force majeure

4.1 The content and scope of the Services offered by CoinTracking GmbH shall be determined by the service description at https://cointracking.info/pro.php and https://cointracking.info/full_service/.

4.2 CoinTracking GmbH does not owe the User the data connection between his computers and systems and the systems operated by or for CoinTracking GmbH, namely the router, at the transfer point connected by the Internet address of the Services offered.

4.3 CoinTracking GmbH is entitled to make changes to the Services offered at short notice and without prior notice, provided that these serve to maintain or improve the Services. Furthermore, CoinTracking GmbH is entitled to update and further develop the Services offered at its own discretion. In this respect, CoinTracking GmbH is entitled to change the offered Services to a reasonable extent.

4.4 CoinTracking GmbH is entitled to use the Services of third parties to fulfil its obligations under the contract of use.

4.5 CoinTracking GmbH is released from its obligation to perform in the event of force majeure. Force majeure is understood to be any event that is recognisably outside the sphere of influence of CoinTracking GmbH, i.e. an external event, the damaging effects of which could not have been avoided even if reasonable precautions had been taken. This includes, but is not limited to, natural catastrophes, war, pandemics, epidemics, industrial action and sovereign orders.

5. Usage fee, consulting fee, terms of payment

5.1 The use of the Services of CoinTracking GmbH is partly subject to a charge (hereinafter “Usage Fee”). The amount of the usage fee per billing period for the chargeable Services can be found in the price list of CoinTracking GmbH valid at the time of the conclusion of the contract or is determined by the contracting parties in an individual contractual agreement in writing. The current price list is available at https://cointracking.info/pro.php.

5.2 Unless otherwise agreed, the Usage Fee shall be invoiced in advance for the respective billing period and shall be due for payment without deduction immediately after the chargeable service has been ordered. The User consents to the storage of the billing data for purposes of evidence and/or as required by law.

5.3 The Support pursuant to section 3.2 shall not be charged separately.

5.4 The remuneration for the Consulting (hereinafter referred to as " Consulting Fee") is set out in the applicable price information at https://cointracking.info/full_service/.

5.5 All prices are gross prices. Statutory VAT is included in the gross price, where applicable.

5.6 If the User does not pay the due Usage or Consulting Fees on time, he is in default of payment. In this case, CoinTracking GmbH is entitled to charge default interest. In addition, CoinTracking GmbH is entitled to claim further damages from the User due to the delay in payment. Furthermore, CoinTracking GmbH is entitled to block the User's account for the period of time until full payment of the due fees. The right to extraordinary termination for good cause remains unaffected.

6. Duration of user agreement, termination

6.1 The right to use the Services is valid for the contractually agreed period of use.

6.2 The right of the contracting parties to extraordinary termination of the User Agreement for important reason remains unaffected. An important reason for termination of the User Agreement shall be deemed to exist, in particular,

for CoinTracking GmbH if

    6.2.1 the User is more than 30 days in arrears with the payment of the Usage Fee or a not insignificant part of the Usage Fee,

    6.2.2 the User exceeds the right of use to which he is entitled under these Terms of Use, in particular by making the Services available to a third party for use without authorisation,

    6.2.3 the User's user account has been inactive for more than 12 months,

for the User, if

    6.2.4 changes to the Services result in significant disadvantages for the User.

6.3 The termination must be made in writing.

6.4 The User's right to use the Services expires upon termination of the User Agreement. CoinTracking will delete the data stored by the User 30 days after the termination of the User Agreement. The User is given the opportunity to export the data and shall do so before the User Agreement ends.

7. Data storage

7.1 CoinTracking GmbH undertakes, subject to the restriction in section 7.2, to enable the User for the duration of the User Agreement to cache or store on the server operated by or for CoinTracking GmbH the data required for the use of the Services offered or arising in the course of use, insofar as this is provided for by the Services offered. The following applies in this respect:

    7.1.1 CoinTracking GmbH shall ensure that the User has access to this data for the duration of the User Agreement.

    7.1.2 CoinTracking GmbH only owes the provision of storage space for the storage and use of the data by the User. CoinTracking GmbH has no duty of safekeeping and/or care with regard to the data transmitted and processed by the User.

7.2 The storage space made available to the User is limited in accordance with the individual agreement.

8. System availability, location of the servers used for the Services

8.1 CoinTracking GmbH ensures an annual average system availability of 99%. The Services offered by CoinTracking GmbH may require maintenance, care and inspection work. This work is not included in the calculation of availability. If maintenance, care or inspection work is due, CoinTracking GmbH will inform the User accordingly in advance.

8.2 The servers used by CoinTracking GmbH to provide the Services are located in the European Union.

9. System and usage requirements

9.1 The User must ensure that the system requirements specified by CoinTracking GmbH for the use of the Services are met.

9.2 To use the desktop version of the web-based Services, a standard internet browser is required; to use the mobile applications, the CoinTracking app (version iOS 12 or Android 5.0 or higher) is required.

10. Warranty, CoinTracking does not support all exchanges, wallets and cryptocurrencies

10.1 CoinTracking GmbH ensures that the Services are free of material defects and defects in title at the time of initial provision. The Services are free of material defects if they are suitable for the purpose agreed in the User Agreement and do not contain any defects that significantly impair or reduce their functionality or operability for this purpose. A defect in title exists if the functionality or operability for the purpose agreed in the User Agreement is wholly or partially impaired by the rights of a third party.

10.2 CoinTracking GmbH does not warrant that an automated import of transaction data from all or for all available exchanges, wallets and/or blockchains into the user account of the User is possible. A regularly updated list of exchanges, wallets and blockchains that are generally supported by the Services can be found here: https://cointracking.info/import/.

10.3 Furthermore, CoinTracking GmbH is not responsible for ensuring that transaction data is provided correctly or completely by the respective provider when using the Services for an automated import of transaction data from exchanges or wallets of third-party providers. The Services of CoinTracking GmbH import the transaction data as it is provided by the third-party provider. Incorrect transaction data imports may, for example, occur if API interfaces and/or data export functions (e.g. as csv) of the third-party provider are faulty, have been changed or abolished by the third-party provider. CoinTracking GmbH offers the User the option to import the transaction data via a so-called "custom importer" or to enter the transaction data manually in the event an automated transaction data import is not possible.

10.4 In the event of a significant impairment of the functionality or operability according to section 10.1, CoinTracking GmbH is entitled to remedy the defect and is obliged to do so, unless this is associated with unreasonable costs. If CoinTracking GmbH is unable to remedy the significant impairment within a reasonable period of time or to circumvent it in such a way that the User is able to use the Services in accordance with the User Agreement, the User may demand a reduction of the Usage Fee or terminate the User Agreement without notice.

10.5 The strict liability of CoinTracking GmbH for defects already existing at the time of conclusion of the User Agreement in accordance with Section 536a (1) of the German Civil Code (BGB) is excluded. CoinTracking GmbH does not assume any warranty for defects that have arisen because the User or third parties have made changes to the settings of the Services offered by CoinTracking GmbH. The same applies to improper use by the User and to defects caused by external circumstances beyond the control of CoinTracking GmbH, such as faults in the User's internet connection.

10.6 The User is obliged to provide CoinTracking GmbH with reasonable support in identifying and eliminating a defect. In particular, the User must provide CoinTracking GmbH with verifiable documentation on the nature and occurrence of the impairment and notify CoinTracking GmbH immediately of the existence of a defect.

11. Statutory right of withdrawal of consumers

Instructions on the right of withdrawal

If the User is a consumer - i.e. a natural person who concludes the agreement for a purpose that cannot be attributed to his commercial or independent professional activity - he has the right to withdraw from the agreement within fourteen days without giving reasons. The period for withdrawal begins on the day the agreement is concluded.

In order to exercise the right of withdrawal, the consumer must inform CoinTracking GmbH, Pasinger Str. 16, 82166 Gräfelfing, Germany, email support@cointracking.com of his decision to withdraw from the agreement by means of a clear statement (e.g. by post or email). The consumer may, but is not obliged to, use the attached model withdrawal form. The consumer may also complete and submit the model withdrawal form or another clear statement electronically on the CoinTracking GmbH website https://cointracking.freshdesk.com/en/support/tickets/new. If the consumer makes use of this option, he will immediately receive a confirmation (e.g. by email) of the receipt of such a withdrawal.

The timely dispatch of the withdrawal suffices to comply with the withdrawal period.

Consequences of withdrawal

If the consumer has withdrawn from the agreement, CoinTracking GmbH must restitute all payments that it has received from the consumer without undue delay and at the latest within fourteen days of the day on which CoinTracking GmbH receives notification of the withdrawal from the agreement. For this restitution, CoinTracking GmbH will use the same means of payment that the consumer used for the original transaction, unless expressly agreed otherwise with the consumer; in no case will the consumer be charged any fees for this repayment. If the use of a payment method results in fees for the consumer, which are charged directly by the respective payment method provider and have to be paid to them accordingly, these fees are excluded from reimbursement by CoinTracking GmbH in the event of a withdrawal.

If the consumer has requested the commencement of the Services during the withdrawal period, he must pay CoinTracking GmbH a reasonable amount corresponding to the proportion of the Services already provided up to the time at which he informs CoinTracking GmbH of the exercise of the right of withdrawal from the agreement in relation to the total scope of the Services provided for in the agreement.

End of the withdrawal period

The right of withdrawal from a contract for the provision of services also expires if CoinTracking GmbH has provided the service in full and has only begun to provide the service after the consumer has given his express consent and at the same time confirmed his knowledge that he will lose his right of withdrawal once the contract has been completely fulfilled by CoinTracking GmbH.

Sample withdrawal form

To CoinTracking GmbH, Pasinger Str. 16, 82166 Gräfelfing, Germany, email support@cointracking.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following services (*)/
Ordered on (*)/received on (*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only for paper notification):
Date:
(*) Delete as appropriate

12. Liability

12.1 CoinTracking GmbH shall be liable without limitation in accordance with the applicable statutory provisions in the following events:

    12.1.1 for intent and gross negligence,

    12.1.2 for injury to life, body or health,

    12.1.3 in accordance with the provisions of the Product Liability Act,

    12.1.4 in accordance with the mandatory provisions of data protection law and

    12.1.5 within the scope of a guarantee given by CoinTracking GmbH.

12.2 In the event of a slightly negligent breach of an obligation that is essential for achieving the purpose of the contract (cardinal obligation), the liability of CoinTracking GmbH shall be limited to the amount of damage that is foreseeable and typical for the type of transaction in question.

12.3 Liability for slight negligence shall be excluded in all other events.

12.4 CoinTracking GmbH shall only be liable for the loss of data if such a loss could not have been avoided by the User through reasonable data backup measures.

12.5 The above limitations of liability shall apply to the personal liability of the employees, representatives, organs and contractors of CoinTracking GmbH.

13. Affiliate program

13.1 CoinTracking GmbH pays out commissions to affiliates on a regular basis in cryptocurrency or by SEPA bank transfer. The terms and conditions of the affiliate program can be found here: https://cointracking.info/affiliate.php.

13.2 CoinTracking GmbH is legally required to request the personal data of the affiliate (country, city, postal code, address, email address, first name and surname) prior to payment to the affiliate.

13.3 Users may not use affiliate links to update their own account. This includes all accounts used by the affiliate for its own purposes.

13.4 Users shall refrain from any actions that could give the impression that they are acting and/or communicating on behalf of CoinTracking GmbH. They are not permitted to use the name or the trademark "CoinTracking" in their dealings with third parties. In particular, when advertising the affiliate program of CoinTracking GmbH on social media platforms such as Instagram, Facebook or TikTok or via Google Ads or other advertising platforms or means, they are not permitted to create the impression that CoinTracking GmbH has carried out the advertising. Moreover, Users may not operate any social media accounts, fan pages or other Internet sites under the name or the trademark "CoinTracking".

13.5 Users may not change or modify the advertising material provided by CoinTracking GmbH without the prior written consent of CoinTracking GmbH.

13.6 If CoinTracking GmbH becomes aware of a violation of the above provisions by a User, it may block the User's access to the CoinTracking platform with immediate effect, terminate the User Agreement without notice for good cause and/or permanently exclude the User from further use of the Affiliate program.

13.7 CoinTracking GmbH reserves the right to suspend payments to affiliates and to permanently exclude users from the affiliate program and discounts if there is reasonable suspicion of fraudulent behaviour.

14. Data protection

CoinTracking GmbH takes the protection of the User's personal data seriously. The details of CoinTracking GmbH’s compliance with data protection regulations can be found in the privacy policy of CoinTracking GmbH.

15. Consent to the transfer of the company

CoinTracking GmbH is entitled to assign the User agreement and the rights and obligations resulting therefrom to a third party in the event of a transfer of business. The User agrees to such assignment when registering as a user of the Services.

16. Final provisions

16.1 Any modification or amendment to these Terms of Use shall require the written consent of the contracting parties. This also applies to the amendment or cancellation of this clause.

16.2 The User Agreement and the provision and use of the Services shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

16.3 The exclusive place of jurisdiction for all disputes arising from or in connection with the User Agreement and the provision and use of the Services is the registered office of CoinTracking GmbH.

16.4 Should individual provisions of these Terms of Use be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provisions shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid provision.



This document was last updated on July 12, 2024.
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