ORDER: the electronic proposal to purchase the CryptoBooks service;
GENERAL CONDITIONS: the terms and conditions of service;
PROVIDER: the company XBOOKS LTD – 57 Rathbone Place, W1T 1JU London (England);
CLIENT: the individual or legal entity of any nature that, by accepting the order, is entitled to use the service;
APPLICATION: the software for managing analyses and reporting of crypto transactions in the cloud;
SERVICE: CryptoBooks with the APPLICATION, Cloud hosting, and Cloud data management;
CLOUD HOSTING: the cloud space made available for the purpose of using the SERVICE.
These GENERAL CONDITIONS govern the terms and conditions under which the PROVIDER will grant the CLIENT access to the SERVICE, while the performance, duration, and consideration will be as indicated in the accepted ORDER.
The SERVICE will be available to the CLIENT 24 hours a day, seven days a week throughout the year but will be subject to suspensions for maintenance not exceeding 4 hours per week, except for extraordinary operations, which will be communicated with 7 days' notice.
The service covered by the contract refers to a single personal account with the possibility of adding profiles where provided and indicated in the ORDER.
The CLIENT will have access to the APPLICATION through which they can perform the following operations:
Insertion of public addresses of wallets and decentralized protocols in blockchain, APIs for reading exchanges, and other services of centralized crypto platforms, in CLOUD HOSTING [through the APPLICATION];
Configuration of their data and parameters in the settings section;
Analysis of the reports generated by the APPLICATION.
The PROVIDER, also through the APPLICATION, will:
Archive the uploaded data;
Provide tax reports.
Any service related to tax obligations incumbent upon the CLIENT is excluded.
The relationship between the PROVIDER and the CLIENT is governed by the terms specified in the following general conditions.
The contractual obligation will be established, following the payment of the consideration in the chosen manner, upon the communication of the acceptance of the online ORDER by the PROVIDER, through the issuance and sending of the payment receipt to the CLIENT.
The duration of the contract is as indicated in the ORDER. At the first expiration, the contract will automatically renew through the advance payment of the agreed consideration for a one-year period and so forth, unless canceled in the settings section of the APPLICATION using the "Cancel Renewal" button before the issuing of the before the issuance of the invoice. The cancellation must be completed prior to the renewal taking effect.
In some cases, the service may include a trial period as stated in the ORDER. In this case, the CLIENT has the opportunity to try the APPLICATION or individual sections of the APPLICATION or individual Products for free for a specified and non-renewable trial period, as always specified during the ORDER. Some features or functionalities of the APPLICATION may not be available during the trial period.
Further conditions applicable to the trial period, including its duration, will be outlined in the ORDER during the purchase phase on www.cryptobooks.tax or app.cryptobooks.tax. Upon expiration, the trial period will automatically convert to the equivalent paid Product unless the User cancels the purchase before the trial period expires.
Some of the Products offered on www.cryptobooks.tax and app.cryptobooks.tax as part of the service are paid. The fees, duration, and conditions applicable to the sale of these Products are described in their respective sections of the ORDER during the purchase phase.
Prices, descriptions, and availability of Products are specified in their respective sections of the ORDER and are subject to change without notice. Although the Products are presented with the utmost technical accuracy possible, the representation on www.cryptobooks.tax and app.cryptobooks.tax through any means (including, as applicable, graphic materials, images, colors, sounds) is to be understood as a mere reference and does not imply any guarantee regarding the features of the purchased Product. The characteristics of the selected Product will be specified during the purchase procedure.
Every stage, from choosing the product to submitting the ORDER, is part of the purchase procedure.
The purchase procedure includes the following steps:
The CLIENT is kindly requested to choose the desired Product and verify the purchase choice.
After checking the information visible in the purchase choice, the CLIENT can electronically submit the ORDER.
The submission of the order entails the following:
The submission of the ORDER by the CLIENT results in the conclusion of the contract and imposes on the CLIENT the obligation to pay the price, taxes, and any additional charges and expenses, as specified on the ORDER page.
In case the purchased Product requires an active contribution from the CLIENT, such as providing information or personal data, specifications, or special requests, the submission of the ORDER also imposes on the CLIENT the obligation to cooperate accordingly.
Once the ORDER is submitted, the CLIENT will receive an order confirmation.
All notifications related to the purchase procedure described above will be sent to the email address provided by the CLIENT for this purpose.
Payments will be made in advance via credit card in EUR or GBP on the deadlines indicated in the ORDER. Under no circumstances will the PROVIDER be liable for any prejudicial consequences (damages, penalties, interests, or otherwise) that the CLIENT may suffer as a result of the interruption of the SERVICE, determined by the CLIENT's failure to make the payment.
During the purchase procedure and before submitting the ORDER, the CLIENT is duly informed of all fees, taxes, and costs (including any shipping fees) that will be charged to them.
Details regarding accepted payment methods are highlighted during the purchase procedure. Some payment methods are subject to additional conditions and/or involve additional costs. Detailed information is provided in the relevant section of the ORDER.
All payments are handled independently by third-party services. Therefore, the PROVIDER does not collect payment-related data – such as credit card numbers – but receives a notification once the payment is successfully processed. In case the payment made with one of the available methods fails or is rejected by the payment service provider, the PROVIDER is not obligated to fulfill the order. Any costs or fees resulting from the failed or rejected payment are borne by the CLIENT.
If the CLIENT authorizes the Stripe or PayPal function that allows future purchases, the PROVIDER will store an identification code linked to the CLIENT's Stripe or PayPal account. This allows the PROVIDER to automatically process payments for future purchases or for the periodic installment payment of a previous purchase. The authorization can be revoked at any time through the APPLICATION settings or by modifying the personal settings of Stripe or PayPal services.
To ensure the best possible service, the PROVIDER reserves the right to interrupt the Service for maintenance purposes, system updates, or any other modifications, providing appropriate notice to the CLIENT. Within the limits of the law, the PROVIDER reserves the right to suspend or terminate the Service entirely. In the event of Service termination, the PROVIDER will make efforts to allow the CLIENT to extract their Personal Data and information in accordance with legal provisions.
Additionally, the Service may not be available for reasons beyond the reasonable control of the PROVIDER, such as force majeure events (e.g., strikes, infrastructure malfunctions, blackouts, etc.).
Unless otherwise specified, the terms of use for www.cryptobooks.tax and app.cryptobooks.tax presented in this section have general validity. Additional terms of use or access applicable in specific situations are expressly indicated in this document. By using www.cryptobooks.tax and app.cryptobooks.tax, the CLIENT declares awareness that there are no restrictions on Users regarding whether they are Consumers or Professional Users.
Through www.cryptobooks.tax and app.cryptobooks.tax, the CLIENT may have access to resources provided by third parties. The CLIENT acknowledges and agrees that the PROVIDER has no control over such resources and therefore is not responsible for their content and availability.
The conditions applicable to resources provided by third parties, including those applicable to any grants of rights to content, are determined by the third parties themselves and governed by their respective terms and conditions or, in their absence, by law.
www.cryptobooks.tax and the APPLICATION may only be used for the purposes for which they are offered, according to these Terms and in compliance with applicable law. It is the sole responsibility of the CLIENT to ensure that the use of the APPLICATION and/or the Service does not violate the law, regulations, or the rights of third parties.
Therefore, the PROVIDER reserves the right to take any appropriate measures to protect its legitimate interests, including denying the CLIENT access to the APPLICATION or the Service, terminating contracts, and reporting any objectionable activities carried out through the APPLICATION or the Service to the relevant authorities—such as judicial or administrative authorities—whenever there is suspicion that the CLIENT is engaging in violations of law, regulations, third-party rights, and/or the Terms. This includes, but is not limited to, engaging in any of the following activities:
Pretending to meet any access requirements of the APPLICATION or use of the Service, such as age or Consumer status.
Defaming, threatening, abusing, using intimidating practices, threatening, or otherwise violating the rights of third parties.
Promoting activities that may endanger one's own life or the life of any other CLIENT or cause physical harm. This includes, but is not limited to, threatening or inciting suicide, glorifying intentional physical harm, and the use of illegal drugs or alcohol abuse. The posting of content that promotes, glorifies, or illustrates self-destructive or violent attitudes on www.cryptobooks.tax is not tolerated under any circumstances.
Testing or probing the vulnerability of the APPLICATION, services, and networks connected to the site, violating the security or authentication procedures of the APPLICATION, services, and networks connected to www.cryptobooks.tax.
Installing, integrating, uploading, or otherwise embedding malware into or through www.cryptobooks.tax or the APPLICATION.
Using www.cryptobooks.tax and the APPLICATION and/or their related technological infrastructure in an abusive, excessive, or otherwise inappropriate manner (e.g., for spam purposes).
Attempting to disassemble or tamper with the technological infrastructure in a way that causes damage or an excessive burden on the Service and the APPLICATION.
Using the resources of www.cryptobooks.tax excessively compared to other CLIENTS. In such cases, the PROVIDER reserves the additional right to suspend the CLIENT's account or limit its activity until the CLIENT ceases the excessive use, at the PROVIDER's discretion.
Implementing automated processes for the extraction, collection, or capture of information, data, and/or content from the APPLICATION and www.cryptobooks.tax, as well as all related digital extensions, unless expressly authorized by the PROVIDER.
Disseminating or publishing illegal, obscene, illegitimate, defamatory, or inappropriate content.
Publishing content that directly or indirectly promotes hatred, racism, discrimination, pornography, or violence.
Disseminating or publishing false content or content that may cause unjustified alarm.
Using the APPLICATION to publish, disseminate, or otherwise offer content protected by intellectual property law, including but not limited to patents, trademarks, and copyrights, without the authorization of the rights holder.
Using the APPLICATION to publish, disseminate, or otherwise offer content that violates the rights of third parties, including but not limited to military, commercial, professional, or state secrets and personal data.
Publishing content or engaging in activities that disrupt, interrupt, damage, or otherwise violate the integrity of the APPLICATION or the devices of other CLIENTS. These activities include, but are not limited to, spamming, the unlawful dissemination of advertisements, phishing, fraud against third parties, the spread of malware or viruses, etc.
Opening an account or using the APPLICATION to promote, sell, or advertise products or services of any kind in any way.
Pretending or implying in any way to have a relationship with CryptoBooks and the PROVIDER, to enjoy the support of the PROVIDER, or that the PROVIDER endorses the CLIENT's or a third party's products or services for any purpose.
The CLIENT agrees to indemnify and hold harmless the PROVIDER and its affiliates, officers, agents, trademark co-owners, partners, and employees from any claim or demand— including, without limitation, legal fees and expenses—asserted by third parties due to or in connection with negligent behaviors, such as the use or connection to the service, violation of these Terms, infringement of third-party rights, or laws by the User, its affiliates, officers, agents, trademark co-owners, partners, and employees, to the extent permitted by law.
Any claim for damages against the PROVIDER (or any natural or legal person acting on its behalf) is excluded. Unless damages are caused with intent or gross negligence or affect life and/or personal, physical, or mental integrity, the PROVIDER is liable only to the extent of the typical damage for the type of contract and foreseeable at the time of conclusion.
In particular, within the aforementioned limits, the Owner assumes no responsibility for:
Additionally, it is expressly understood and agreed that the use of Cryptobooks' tax reports is solely for informational purposes, and Cryptobooks shall not be held responsible for any inaccuracies, errors, or omissions in the tax reports. The user acknowledges and agrees that they are solely responsible for ensuring the accuracy of the information provided in the tax reports and for fulfilling their tax obligations. Cryptobooks disclaims any liability for any consequences arising from the user's erroneous declaration of their cryptocurrencies to tax authorities or failure to pay the correct amount of taxes owed to tax authorities.
Any lost profits or other losses, including indirect losses, that the CLIENT may have suffered (such as, for example, business losses, loss of revenue, profits or anticipated savings, loss of contractual or business relationships, loss of goodwill or damage to reputation, sanctions due to incorrect calculations, fines, etc.).
Damages or losses resulting from interruptions or malfunctions of the APPLICATION due to force majeure or unforeseen and unforeseeable events, and in any case, beyond the will and outside the control of the PROVIDER. These events include, for example, breakdowns or interruptions of telephone or electrical lines, Internet connection, and/or other means of transmission, inaccessibility of websites, strikes, natural disasters, viruses, and cyber attacks, interruptions in the supply of third-party products, services, or applications.
Any losses that are not a direct consequence of a breach of the Terms by the PROVIDER.
Damages, harm, or losses due to viruses or other malware contained or connected to files downloadable from the Internet or through the APPLICATION. Users are responsible for adopting appropriate security measures—such as antivirus software and firewalls—to prevent infections or attacks and to protect backup copies of all data and/or information exchanged or uploaded to the APPLICATION.
In the event of the PROVIDER's liability, the due compensation cannot exceed the total amount of payments that were contractually due to the PROVIDER from the CLIENT for a period of 12 months or for the entire duration of the Agreement, if shorter.
Data processing will be carried out in compliance with the provisions on the protection of the right to privacy in force. Information regarding data processing can be consulted at any time in full at the URL https://cryptobooks.tax/privacy-policy/.
The data provided by the CLIENT are processed lawfully, fairly, and in respect of the CLIENT's rights. In accordance with Legislative Decree no. 196/2003 and EU Regulation 2016/679 regarding personal data of which the company is or will come into possession, the following applies:
The processing is aimed at:
The correct and complete execution of the contract and related obligations, including those connected and/or dependent, such as, for example, the management of correspondence in all its forms, the conclusion of contracts and/or agreements and/or conventions with third-party companies (e.g., suppliers), credit institutions, insurance companies, professionals, Public Administrations, and with all other entities and/or subjects necessary for the execution of the aforementioned contract/s, the request for permits from Public Administrations and/or all other subjects necessary for the execution of the aforementioned contract/s, the performance of all necessary civil and/or administrative obligations directly and/or indirectly connected to the execution of the aforementioned contract/s.
Compliance with legal obligations (accounting, tax, administrative, corporate, or other) related to the purposes mentioned above, the performance of the managerial activities necessary for compliance with the aforementioned obligations, payment management, as well as the exercise of rights and/or legal faculties, including those for the protection of credit rights.
Carrying out general management activities, commercial information, marketing, insurance activities (different and additional to those already specified in the preceding point), economic planning, budget management, cost control.
The processing is carried out for the purpose of collecting, recording, organizing, storing (in this case, the processing is carried out by the PROVIDER also through archiving), consulting, processing, modifying, selecting, extracting, comparing, using, interconnecting, blocking, communicating, deleting, and destroying data.
The operations can be carried out with or without the use of electronic or automated tools.
The processing is carried out by the owner, by the data processors, and/or by the authorized persons in charge of the processing.
The provision of personal data is:
i) Strictly necessary for the purposes outlined in point 3.1, letters a, b;
ii) Optional for the purposes outlined in point c).
The CLIENT guarantees, with reference to the data of third parties processed and used for the SERVICE or the APPLICATION, to have provided information to protect privacy and to have obtained consent for processing.
Personal data may be made known to the data controller and those in charge of processing and may be communicated, in compliance with data security regulations, to external collaborators, professionals, and/or entities (including companies, associations, consortia) for compliance with legal obligations (accounting, tax, administrative, corporate, or other) and for the exercise and protection of the legitimate rights and interests of the PROVIDER, and in any case to all those subjects to whom communication is necessary for the correct fulfillment of contractual obligations towards the CLIENT and for the management of related payments.
Personal data are not subject to dissemination.
The CLIENT can exercise the rights provided by EU Regulation 2016/679 (GDPR): a) right to access one's data; b) right to request the rectification or erasure of one's data; c) right to object to data processing; d) right to data portability; e) right to withdraw consent; for this purpose, the CLIENT can contact the data controller as indicated in point 3.7 below or follow the procedures indicated in the PRIVACY POLICY.
The CLIENT is the custodian of the I.D. and Password (Access Keys) of their account, generated by themselves, which are strictly personal. The CLIENT commits to comply with legal obligations and to use all technically advanced precautions progressively made available in the market to prevent their use by unauthorized third parties. The CLIENT is aware that third-party knowledge of the I.D. and Password could allow unauthorized use of the APPLICATION and SERVICE. The PROVIDER is not responsible for damages incurred by the CLIENT and/or third parties due to the knowledge or use of Access Keys by third parties, even as a result of failure to comply with the above. Any activity carried out using the CLIENT's Access Keys (or access through external authentication systems) will be considered performed by the CLIENT to whom the respective Access Keys are associated, and the CLIENT will be held responsible for such use. The CLIENT also undertakes to indemnify and hold the PROVIDER harmless from any claim that may be made against them for violations of the provisions of this article.
The CLIENT declares to have verified and guarantees that the electronic tools they use comply with the minimum technical specifications prescribed for the use of the SERVICE, and that the proprietary and third-party telematic networks they use are suitable to ensure the full operation of the SERVICE. The CLIENT authorizes the PROVIDER to use a Cloud Service Provider or third-party entities for the provision of the SERVICE or to ensure the use of the APPLICATION. The CLIENT acknowledges and accepts that operations performed through the APPLICATION and the SERVICE can only be verified through LOG files (sequential and chronological recording of operations performed by the computer system) duly kept by the PROVIDER. The CLIENT declares to be informed that the SERVICE is provided through the APPLICATION and the use of third-party services, as well as national and international communication infrastructures. Therefore, in the event of malfunctions due to the technological network or technological partners, the PROVIDER will not be responsible for disruptions and will only be required to prompt the prompt resolution of the issue, keeping the CLIENT updated on the resolution times of the reported issues. The CLIENT accepts that the conventional limit of the PROVIDER's liability for any malfunctions or delays of the SERVICE or APPLICATION of any nature and extent will be limited to its maximum amount, the annual consideration, with the CLIENT bearing the burden of proving the actual extent of the damage suffered is at least equal to that amount.
The CLIENT is obligated to use CryptoBooks in compliance with the intellectual and/or industrial property rights of the PROVIDER and third parties. The CLIENT accepts and acknowledges that the ownership of the APPLICATION, including the source code and any adaptations, developments, and improvements made by the PROVIDER, the related documentation, as well as all economic exploitation rights thereon, remain with the PROVIDER. Any material subject to intellectual and/or industrial property rights in favor of third parties and made available to the CLIENT through CryptoBooks will be used by the CLIENT respecting these rights. The CLIENT assumes all responsibility in this regard and undertakes to indemnify and hold the PROVIDER harmless from any prejudicial consequences. In the event that the CLIENT violates the industrial or intellectual property rights of the PROVIDER and/or third parties, the PROVIDER reserves the right to terminate the Contract.
The ownership of all rights to trademarks, logos, names, and other distinctive signs associated with CryptoBooks belongs to the PROVIDER or partner companies. Therefore, the CLIENT may not use them in any way without the prior written authorization of the owner.
Unless otherwise specified or clearly recognizable, all content available on www.cryptobooks.tax and app.cryptobooks.tax is owned by the PROVIDER or provided by the PROVIDER or its licensors.
The PROVIDER takes the utmost care to ensure that the content available on cryptobooks.tax does not violate applicable law or the rights of third parties. However, this result is not always achievable. In such cases, without prejudice to legally enforceable rights and claims, the CLIENT is requested to address relevant complaints to hello@cryptobooks.tax.
The PROVIDER expressly holds and reserves all intellectual property rights on the aforementioned content. The CLIENT is not authorized to use the content in any way other than necessary or implied in the correct use of the APPLICATION.
In particular, but not limited to, the CLIENT is prohibited from copying, downloading, sharing beyond specified limits, modifying, translating, processing, publishing, transmitting, selling, sublicensing, transforming, transferring/alienating to third parties, or creating derivative works from the content available on app.cryptobooks.tax and www.cryptobooks.tax or allowing third parties to undertake such activities through their own User account or device, even unknowingly.
Where expressly indicated on www.cryptobooks.tax, the CLIENT is authorized to download, copy, and/or share certain content available on www.cryptobooks.tax exclusively for personal and non-commercial purposes and on condition that attribution of authorship and indication of any other relevant circumstances required by the PROVIDER are observed.
The limitations and exclusions provided by copyright law remain in force.
The PROVIDER reserves the right to withdraw from the Contract at any time and without the obligation to provide reasons, by giving written notice to the CLIENT with a notice period of at least 60 (sixty) days. After the indicated term, the Contract must be considered terminated, and the PROVIDER may deactivate the Service at any time without further notice and refund the CLIENT the amount already paid, related only to the period between the effective date of withdrawal and the expiration date indicated in the ORDER.
The CLIENT acknowledges and agrees that the use of the tax report download function constitutes an essential and integral part of the service provided by the PROVIDER. The tax report download function is therefore considered an integral part of the main service, and the CLIENT acknowledges that, due to the essential nature of the tax report download function for the effective execution of the main service provided by the PROVIDER, it will not be possible to exercise the right of withdrawal provided by law within 15 days if the CLIENT has used the tax report download function. The CLIENT recognizes that such withdrawal would cause unfair damage to the PROVIDER.
The CLIENT acknowledges and accepts that the APPLICATION and Connected Services are characterized by evolving technology; for these reasons, the PROVIDER and partner companies reserve the right to modify the technical characteristics of the APPLICATION, ensuring its functionality. Such updates may require the CLIENT to adapt the computer systems in use, and the CLIENT shall promptly take care of it at their own expense.
The CLIENT acknowledges that the APPLICATION may be released in test mode or labeled as "Beta Product," indicating products, software, services, and/or features designated as beta or pre-release versions made available to the User during the validity period of this Agreement. The beta product may contain errors and is provided solely for limited use. The beta product is provided "as is," without any warranty of any kind, whether express, implied, by law, or otherwise. The PROVIDER expressly disclaims any implied warranties of merchantability, non-infringement, and fitness for a particular purpose.
In no event shall the PROVIDER be liable for indirect, incidental, special, or consequential damages, even if aware of the possibility of such damages.
This Agreement is subject to English law. By using the APPLICATION, the user agrees that English laws shall govern any matter or dispute arising out of or in connection with this Agreement, as well as any dispute of any kind that may arise between the CLIENT and the PROVIDER. In the event of disputes, the court of London shall have exclusive jurisdiction.