Click here to download the TENT App Trams And Conditions in PDF
The TENT App services (the “Service”) shall comprise the following services:
(a) hosted Digital Asset wallets („Custodial Wallet“) by Company that allow you to store Digital Assets with Tent Europe s.r.o. and unhosted Digital Asset wallets („Noncustodial Wallet“)
(b) a fiat currency conversion service under which you may convert fiat currency into any type of Digital Asset to be held in your Digital Asset Wallet („Fiat to DA Conversion“);
(c) a Digital Asset conversion service under which you may convert Digital Asset into other Digital Asset („Digital Asset Conversion“ and „Digital Asset Swap“); and
(d) a Digital Asset transfer service under which you may transfer any Digital Asset to another recipient, which may be the Digital Asset Wallet of another user of the TENT App Services or an external recipient („Digital Asset Transfer“); and
(e) any other products or services listed in the Annexes (if any), or shown on the TENT App or our official communication channel from time to time.
When effecting a Digital Asset Conversion, you are buying such Digital Asset from Company directly. In this capacity, Company will be dealing as a principal on its own account and will not be acting as an intermediary or marketplace between other buyers and sellers of Digital Asset
For a Fiat to DA Conversion to be effected, you may effect a payment to company via:
(a) your eligible card by providing your eligible card details, as well as the relevant amount to be converted, through the TENT App. In such case, you acknowledge that the transfer of fiat currency will depend on the performance of such transfer by your bank. Upon Company’s receipt of confirmation that such eligible card transaction has been authorised, Company will credit the relevant amount of Digital Asset to your Custody wallet; and
(b) other additional payment methods or payment instruments that Company may from time to time approve.
We do not guarantee the availability of any exchange rate. You shall be responsible for any fees charged by your bank or credit card issuer(s) (including but not limited to any international transaction fees, cash advance fees and transfer to overseas service charges) relating to the purchase of Digital Assets with your credit or debit card. Some banks or credit card issuers may treat the purchasing of Digital Assets with credit card as cash advance which may incur a high fee or interest rate. If you are in doubt, please check with your bank or credit card issuer prior to the purchasing of any Digital Assets.
You understand and acknowledge that your wallet is under your sole responsibility and will always remain under your sole control. While the TENT App enables you to access your wallet with ease, the Company has no access to your wallet and the tokens contained therein nor any control over its use. Consequently, the Company has no liability whatsoever regarding the use of your Wallet and/or any tokens held in or controlled through the wallet.
The Company reserves the right in its sole discretion to suspend Services temporarily or permanently. This blocking or suspension may be a consequence of, among other things, inconsistent information regarding the identity of a User, a pending compliance or security review, the request of a third party or the request and/or order of an authority, governmental body, regulator, legal entity, law-enforcement agency, etc. The User understands and agrees that they may not be able to access funds easily if their Services is suspended. The Company determines at its sole discretion which reasons are to be deemed valid for the suspension of a Services The Company will not be liable for any losses suffered as a result of any suspension or termination of access to the Services.
Risk of Software Weaknesses: You understand and accept that the underlying Software, the TENT App and other involved software and technology and technical concepts and theories are still in an early development stage and unproven, why there is no warranty that the process for receiving, use and ownership of Digital Assets will be uninterrupted or error-free and why there is an inherent risk that the Software and related technologies and theories could contain weaknesses, vulnerabilities or bugs causing, inter alia, the complete loss of Digital Assets. You agree not to hold the Company accountable for any related losses.
Digital Asset Risks: Any Digital Asset may change or cease to operate as expected, which may result in the Digital Asset being canceled, lost, or otherwise losing all or most of its value. The Company may suspend or cease to support, transfer, or trade any Digital Asset on the Services at any time, at its sole discretion. Any Digital Asset may lose all or most of its value owing to several factors, including, but not limited to, the Company’s termination or suspension of support, legislative or regulatory activity, changes to its characteristics, or market factors or manipulation. The Company will notify you by e-mail, unless restricted by law or regulation, of any cessation of support at least 30 days in advance so that you may withdraw the Digital Asset in question from your Wallet. If you do not withdraw the Digital Asset from your Wallet, the Digital Asset may be lost.
Regulatory Risk: You understand and accept that the blockchain technology allows new forms of interaction. There is a possibility that certain jurisdictions will apply existing regulations, or introduce new regulations addressing blockchain technology–based applications, which may be contrary to the current setup of the TENT App, and/or the business model of the Company, including its termination and the loss of Digital Assets.
Risk of Abandonment / Lack of Success: You understand and accept that the TENT App may be abandoned for a number of reasons, including, but not limited to, lack of interest from the public, lack of funding, or lack of commercial success or prospects (e.g. caused by competing projects).
Risk of Theft: You understand and accept that the underlying Software, the TENT App, other involved software, other technology components and/or platforms may be exposed to attacks by hackers or other individuals that could result in theft or loss of Digital Assets.
Risk of Blockchain Mining Attacks: You understand and accept that, as with other Digital currencies, some blockchains are susceptible to mining attacks, including but not limited to double-spend attacks, majority mining power attacks, “selfish-mining” attacks, and race condition attacks. Any successful attack presents a risk and the expected proper execution and sequencing of Digital Asset transactions.
Risk of Losing Wallet Access Information (Loss of Private Key): You understand and accept that the Company has no access to your Noncustodial wallet at any point in time. If you lose the information and codes issued to you when establishing the Wallet, the Company has no way to recover your wallet and/or any Digital Assets that are associated with it. Unauthorized third parties may access your Account and effect transactions without your knowledge or authorization. You understand and accept all risks associated with unauthorized use of your Account.
The Company will in no event be liable to you for any damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the Services, including but not limited to:
(a) Losses of profits, expected revenue or gains, or business opportunities, even if we were advised of or knew or should have known of the possibility of the same.
(b) Security problems experienced by the User of the TENT App, the Software or any other Services, e.g., unauthorized access to Users’ Wallets and/or Accounts.
(c) Mistakes made by the User, e.g., forgotten passwords, transactions sent to incorrect addresses, and accidental deletion of the Wallet.
Technical failures in the hardware of the User of any related Software or TENT App Services, e.g., data loss owing to a faulty or damaged storage device.
(d) Software, e.g., corrupted files, incorrectly constructed transactions, unsafe Digital graphic libraries and/or malware affecting the TENT App, the Software or any other Services.
(e) Actions or inactions of third parties and/or events experienced by third parties, e.g., bankruptcy of service providers, information security attacks on service providers, and fraud conducted by third parties.
(f) Delays, failure in performance, or interruption of the Services that arise from unforeseeable circumstances beyond our control, including compliance with any relevant law or regulation.
The Company shall be liable only in cases of malicious intent and towards consumers only in cases of gross negligence or malicious intent for any type of damages Under no circumstances will Company be liable to you for damages arising out of the Services exceeding €50.
You are solely responsible for complying with any applicable law. You acknowledge and agree that the Company is not responsible for determining whether or which laws may apply to your transactions, including tax law. The Company bears no liability for determining whether taxes apply to any of your transactions, or for collecting, reporting or remitting any taxes arising from any transaction. The users of the TENT App are solely responsible for determining what, if any, taxes apply to their Digital Asset transactions. The Company is not responsible for determining the taxes that apply to any transaction of Digital Assets.
Any such actions, including the termination of your rights to use the Services, may be applied by the Company permanently or temporarily. In such an event, the Company may terminate access to the Services. The Company is under no obligation to compensate you for any losses of any kind whatsoever resulting from the cessation of Services as set forth hereinabove, unless the damages are due to a grossly negligent or intentional breach of duties by the Company, and you hereby irrevocably waive any demand or claim regarding the above. On no account is the Company under obligation to compensate you for any losses owing to missed trades.
(a) Where any representation or warranty made by you is or becomes untrue;
(b) If you involve the TENT App in any type of fraud or illegality and if the Company suspects that you are engaged in money laundering activities or terrorist financing or other criminal activities;
(c) Commencement of proceedings or investigations against you by a governmental authority;
(d) Cases of a violation by you of the requirements established by any applicable laws, such materiality determined in good faith by the Company;
(e) Any other situation where it would not be in the best interest of the Company that you continue to be a User.
The Company and all of the content that appears related to the Services, including but without limitation the use of the Website’s name, Software, web technologies, source code, concepts, artwork, photos, animations, sounds, methods of operation, moral rights, docu-mentation and virtual items, is the exclusive property of the Company, or is being used with permission from its licensors. The Company (or its licensors, as applicable) retains all rights, titles and interest in and to the Services, their content and all intellectual property rights relating thereto, including without limitations all copyright, patent, trademarks, logos, design rights and any other proprietary rights connected with the Services. You agree that you have no right or title in or to the Services. The Company’s name and logo along with the name and logo of Company, and any other trademarks included in the Services, are trademarks of the Company.
To the extent that the TENT App, the Website or any of the Services contains links or any other information to third-party websites, tokens or services, the Company does not control the availability and content of those websites, tokens and services. Any concerns regarding any such third-party websites, tokens and/or services, or any link thereto, should be directed to such particular website and/or service provider. The Company makes no representation or warranty regarding any content, goods, tokens and/or services provided by any third party, even if linked to through the Website or the Services. The linked sites and tokens are not under the control of the Company and may collect data or solicit personal information from you. The Company is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect.
The Company informs the User in accordance with Article 13 of the GDPR that in the context of this Agreement, the Company processes personal data of the User provided herein for the purpose of the KYC/AML (Know Your Customer/Anti Money Laundering) process based on the Slovakia AML Act. This includes the following data: Name, address, date of birth, citizenship, and other data necessary for the assessment and investigation of User’s identity. This data shall be stored by The Company and or third parties in accordance with the Slovakia AML Act and not be processed for any other purposes.
You hereby acknowledge that, in order for us to provide our Services, we may process, transfer and store information about you in the United States and other countries. However, if we transfer your personal data out of the EEA, we ensure a similar level of data protection by implementation of at least one of the following safeguards:
◦ We only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
◦ We have concluded specific contracts with service providers, which have been approved by the European Commission (standard contractual clauses for data transfers between EU and non-EU countries).
◦ We only transfer data to providers based in the US if they are part of the Privacy Shield, which requires them to provide similar protection.
If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, inoperative or unenforceable for any reason, the parties shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in an acceptable manner in order that the transactions contemplated hereby be con- summated as originally contemplated to the fullest extent possible.
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
You agree to indemnify Company against any claims, damages, losses or legal fees incurred due to your use (or misuse) of our Services.
The warranty terms and conditions are governed by this Agreement and relevant provisions of Slovakian law. Rights and obligations between us and you regarding the rights arising from defective performance are governed by this Agreement and relevant provisions of Slovakian law (especially Slovakian Civil Code and Consumer Protection Law of Slovak Republic in relation to you as a consumer). Your claim must be made in writing and must be delivered to us no later than 15 working days from the claim to firstname.lastname@example.org or TENT Europe s.r.o., Agátová 3406/7A, Bratislava-Dúbravka, 841 01 Slovakia Republic. We are obliged to handle your claim as soon as possible (up to 30 days from the date of delivery of the claim as the latest).
If you have any questions or comments about this Agreement, you can contact us at:
TENT Europe s.r.o.,
841 01 Slovakia Republic
Slovakia Trade Inspection Authority
Bajkalská 21/A, P. O. BOX No. 5, 820 07 Bratislava
tel. number: 02/58 27 21 72, 02/58 27 21 04, fax number: 02/58 27 21 70