1. Introduction

Welcome to cp merchant. These Terms and Conditions govern the contractual relationship between you (hereinafter referred to as the “User”) and cp merchant (hereinafter referred to as the “Provider”) regarding the use of the offered payment and custody services.

2. Definitions

• Provider: cp merchant, the operator of the payment and custody platform.
• User: Any natural or legal person who registers to use the Services.
• Services: All payment and custody services and related functions provided by the Provider.
• Cryptocurrencies: Digital currencies such as Bitcoin, Ethereum, and others supported by the Provider.
• Custody Services: Services related to the secure storage of cryptocurrencies on behalf of the User.

3. Registration and Account Creation

3.1 Registration Requirement

Registration is required to use the Services. The User must provide complete and accurate information.

3.2 Verification

The Provider reserves the right to verify the User’s identity and request necessary documents.

3.3 Account Security

The User is responsible for the security of their account and must keep access credentials confidential.

4. Services

4.1 Payment Processing

The Provider enables Users to accept and process cryptocurrency payments.

4.2 Custody Services

• 4.2.1 Storage of Cryptocurrencies: The Provider offers secure storage of cryptocurrencies on behalf of the User.
• 4.2.2 Security Measures: The Provider employs modern security standards and technologies to protect the stored assets.
• 4.2.3 Accessibility: The User can access their stored cryptocurrencies at any time, subject to technical or regulatory restrictions.

4.3 Integration

Provision of APIs and plugins for integration into various e-commerce platforms.

4.4 Support

Technical support is provided according to the times and channels specified on the website.

5. Fees and Payment Terms

5.1 Fee Structure

• 5.1.1 Transaction Fees: A transaction fee of X% is charged per successful payment.
• 5.1.2 Custody Fees: A monthly fee of Y% of the stored amount or a fixed amount of Z Euros is charged for custody services.

5.2 Billing

Fees are automatically deducted from received amounts or the stored balance.

5.3 Changes to Fees

The Provider may change the fee structure with a notice period of 30 days.

6. Rights and Obligations of the User

6.1 Legal Use

The User agrees to use the Services only for lawful purposes.

6.2 Prohibited Activities

Activities such as money laundering, fraud, terrorism financing, and trading of illegal goods are prohibited.

6.3 Cooperation Obligation

The User must provide all necessary information required to meet legal obligations, particularly in the context of Know Your Customer (KYC) and Anti-Money Laundering (AML) regulations.

6.4 Confidentiality

The User is obligated to keep their account credentials secure and to inform the Provider immediately if unauthorized access is suspected.

7. Rights and Obligations of the Provider

7.1 Service Provision

The Provider delivers the Services with reasonable care but does not guarantee uninterrupted availability.

7.2 Security of Custody

The Provider commits to implementing appropriate security measures to protect the stored cryptocurrencies.

7.3 Account Suspension

The Provider may suspend the User’s account if misuse or violation of the T&C is suspected.

7.4 Changes to Services

The Provider reserves the right to modify or discontinue Services, adhering to reasonable notice periods.

8. Security and Data Protection

8.1 Privacy Policy

Personal data is processed in accordance with the Privacy Policy.

8.2 Data Security

The Provider implements appropriate technical and organizational measures to protect data and stored assets.

8.3 Reporting Obligations

Security incidents will be communicated to affected Users and, if necessary, to authorities.

9. Limitation of Liability

9.1 Disclaimer

The Provider is not liable for indirect damages, consequential damages, or lost profits unless caused by intentional or grossly negligent behavior.

9.2 Liability Cap

Liability is limited to the amount the User has paid in fees over the last 12 months or the value of the stored assets, whichever is lower.

9.3 Exceptions

The limitations of liability do not apply in cases of intent, gross negligence, or breach of essential contractual obligations (cardinal duties).

10. Risks Associated with Cryptocurrencies

10.1 Volatility

The User acknowledges that cryptocurrencies are subject to significant price fluctuations.

10.2 Regulatory Risks

Changes in legislation may affect the use and custody of cryptocurrencies.

10.3 Technical Risks

There is a risk of technical malfunctions, hacking attacks, or other events that could lead to the loss of cryptocurrencies.

11. Termination and Suspension

11.1 Ordinary Termination

Either party may terminate the contractual relationship with a notice period of 30 days in writing.

11.2 Extraordinary Termination

The right to terminate without notice for a compelling reason remains unaffected.

11.3 Consequences of Termination

Upon termination, any remaining balances will be paid out after deducting any applicable fees.

12. Changes to the Terms and Conditions

12.1 Notification

Changes to the T&C will be communicated to the User at least 30 days before they take effect.

12.2 Right of Objection

The User has the right to object to the changes within 14 days.

12.3 Acceptance

If the User does not object within the specified period, the changes are considered accepted.

13. Applicable Law and Jurisdiction

13.1 Governing Law

These Terms and Conditions are governed by the laws of the Federal Republic of Germany.

13.2 Jurisdiction

The exclusive place of jurisdiction is the Provider’s registered office.

14. Severability Clause

Should any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid one that comes closest to the economic intent of the invalid provision.