Terms and Conditions

1. General

1.1. FIOR Digital only offers services to natural persons of legal age residing in a country supported by FIOR Digital (Appendix: Supported Countries) and only concludes contracts with them. A person who has completed the registration process (which is confirmed by FIOR Digital), has successfully registered a FIOR Digital account in accordance with point 3 of these Terms and Conditions and has already made a deposit into his customer account is hereinafter referred to as a “Customer”.

1.2. FIOR Digital only offers its services in Austria.

1.3. Individuals in a country not supported by FIOR Digital, particularly individuals who have U.S. citizenship or residency in the United States of America, will not be accepted as customers by FIOR Digital. Depending on the respective local legal framework, FIOR Digital reserves the right to exclude additional countries from its services. A list of the currently supported countries can be found in the appendix to these Terms and Conditions (Appendix: Supported Countries).

1.4. No persons will be accepted as customers for whom concluding a contract with FIOR Digital is part of the operation of their company. For customers, i.e., for people for whom concluding a contract with FIOR Digital is not part of the operation of their company, the provisions of consumer protection law apply, in particular the provisions of the Austrian Distance and Away Transactions Act (hereinafter referred to as “FAGG”) as well as the subsidiary provisions the Austrian Consumer Protection Act (“KSchG”).

2. Registration

2.1. Persons interested in using FIOR Digital services must register with FIOR Digital and create a customer account by providing FIOR Digital with valid, truthful and complete information (such as first and last name, home address, telephone number and email address) as part of the registration process email address).

2.2. To use FIOR Digital's trading options, the interested person must verify their account. The requirements and necessary steps in the registration process depend on the current security requirements, in particular to combat money laundering, and may change from time to time depending on the legal framework and technical standards.

2.3. FIOR Digital reserves the right to request certain information and documents due to legal or official requirements when registering as a user and from time to time in the course of the business relationship, such as copies of official identification documents, if necessary also in a notarized form and with an apostille. The interested person agrees to support FIOR Digital in complying with regulatory requirements.

2.4. After successful registration, the interested person can log in via their customer account and use the FIOR Digital services. From the first time a credit is deposited into their customer account, the interested person is considered a customer of FIOR Digital.

2.5. The contract between FIOR Digital and the customer is – unless otherwise agreed – concluded for an indefinite period of time.

3. Customer Account

3.1. The customer acts in his own name and on his own account and warrants that he will only act for himself and will only open and use the customer account for himself. It is prohibited to act as an intermediary, broker or trustee of any kind for third parties or to grant a third party access (in whatever form) to your customer account (e.g. by sharing password details or remote access software).

3.2. Customers may only make deposits into the customer account from bank accounts that are in the customer's own name.

3.3. FIOR Digital only allows one customer account per registered customer. Multiple accounts are prohibited. If a second customer account is created in addition to the existing customer account, FIOR Digital reserves the right to block the second customer account. Assets deposited in the secondary account will be transferred by FIOR Digital to the customer's primary account provided that the customer can prove to FIOR Digital's satisfaction (e.g. via the identification service) that it is the creator and owner of both accounts.

3.4. The customer must keep his personal data in his customer account current and correct. If your personal data changes (such as name, postal address, telephone number and e-mail address), these must be updated immediately via a FIOR Digital system or communicated by mail to support@fior.digital. FIOR Digital will always use the last email address and postal address provided by the customer for communication. Declarations delivered to the customer's previous address are deemed to have been received by the customer if FIOR Digital was neither (1) aware of a change in the address nor (2) such a change was not aware of due to gross negligence on the part of FIOR Digital.

4. Termination

4.1. Ordinary termination: The customer and FIOR Digital can terminate the customer account and the entire business relationship at any time with four weeks' notice. The right of a customer who is a consumer to terminate free of charge due to a change to these General Terms and Conditions remains unaffected. FIOR Digital will provide the customer with notice of termination in paper form or on another durable medium.

4.2. Termination for good cause: For good cause, FIOR Digital or the customer can terminate the entire business relationship or individual parts of it at any time without notice with immediate effect. Important reasons include in particular (but not exclusively):

4.2.1. a violation of criminal, administrative and/or tax laws;

4.2.2. an order or request from a court or an authority (e.g. FMA) requiring such termination;

4.2.3. the imposition of mandatory restrictive measures as part of national or international sanctions against a customer;

4.2.4. a breach of one of the obligations under these Terms if the customer has not remedied this breach within 10 working days despite notification by FIOR Digital;

4.2.5. the Customer uses the FIOR Digital Systems in a manner that causes damage or loss to FIOR Digital and/or interferes with the FIOR Digital Services;

4.2.6. if BTC are at any time classified as a financial instrument within the meaning of Directive 2014/65/EU.

4.3. FIOR Digital reserves the right to temporarily or permanently block and/or block and/or close a customer account immediately and without further notice to the customer (including blocking a transaction, reversing a transaction or suspending it) if an important reason is suspected a transaction). In these cases, FIOR Digital carries out an objective and factual examination to determine whether the suspicions are correct.

4.4. If it turns out that suspicion according to point 4.3 is justified, FIOR Digital is entitled to terminate the business relationship with the customer with immediate effect and to close the customer account for good cause without further notice.

4.5. If a transaction cannot be carried out or must be reversed for reasons that are within the sole sphere of the customer, FIOR Digital is entitled to charge a processing fee of 5% of the processed amount (maximum of EUR 200) and a minimum amount of EUR 50 shall be withheld if the customer is at fault and to the extent that these compensation fees are necessary to cover FIOR Digital's reasonable costs for processing the alleged defect. The customer is permitted to prove that no damage occurred and therefore no or lower processing costs were incurred.

5. Processing after Termination

5.1. After termination of the business relationship, regardless of whether the termination was made by FIOR Digital or the customer, the customer is obliged to withdraw all assets no later than the end of the notice period. If the business relationship is terminated extraordinarily with immediate effect, there is no notice period and the customer must withdraw the assets immediately, unless no credit can be deducted due to money laundering regulations. The customer will be informed by email that he must close all open positions and withdraw the assets from the customer account. Any deduction is subject to prior full payment of all outstanding claims.

5.2. Should the Customer fail to comply with this obligation, FIOR Digital will request the Customer to withdraw all of its assets and funds after a further two months following the end of the notice period (“Transition Period”). After the transition period has expired and after prior written information from the customer, FIOR Digital can:

5.2.1. sell the remaining assets at the prevailing market price and transfer the proceeds of sale (after deduction of all fees incurred in connection with the sale) to the customer bank account; and or

5.2.2. deposit the remaining assets in court at your expense. The customer will be informed of such a deposit.

6. Purchase of Vouchers

6.1. FIOR Digital offers the issuance of vouchers in exchange for accepting deposits in a legal fiat currency.

6.2. Vouchers are issued by FIOR Digital and offered exclusively for use within the FIOR Digital systems for exchange into BTC. An exchange or transfer of vouchers outside of a FIOR Digital system or between customers is not possible.

6.3. Vouchers are not based on a distributed ledger technology, but represent an entry in a central database of FIOR Digital. They are intended solely as auxiliary tools to facilitate the quick and convenient acquisition of BTC by customers and may not under any circumstances be used as a deposit of any kind viewed or used.

6.4. The customer must first deposit a balance in a fiat currency into his customer account by either withdrawing a corresponding amount from his bank account via direct debit or by transferring a corresponding amount to FIOR Digital's business account via SEPA bank transfer or standing order.

6.5. By depositing the credit in a fiat currency into his customer account, the customer purchases vouchers in the corresponding value. The voucher value is displayed to the customer in the dashboard of his customer account.

6.6. The customer has the option of having the vouchers paid out to their bank account at any time.

6.7. If the customer does not use a voucher to exchange it for BTC during an uninterrupted period of 365 days, FIOR Digital may charge an inactivity fee of 0.5% p.a. of the stored voucher value after the end of the 365 days (“reference period”), but no more than the equivalent value of EUR 5.00 per month.

Whenever the customer carries out a transaction with vouchers, the reference period is reset and starts again on the day on which the transaction with vouchers is carried out.

7. Transactions

7.1. The purchase of BTC via the FIOR Digital systems can only be processed in vouchers. As soon as the customer account shows a voucher value, the customer can make a binding purchase offer of BTC to FIOR Digital. In order to make such a binding offer, the customer must (1) provide all required data validly and correctly on the respective trading screen of FIOR Digital and (2) click the “Confirm” button (“Offer to Purchase”). The customer is shown an estimate of the expected amount of BTC in the purchase process. For the avoidance of doubt, any binding offer to purchase by Customer shall be construed and qualified solely as a binding offer by Customer to accept receipt of BTC upon payment of the amount of Vouchers specified and displayed on the FIOR Digital systems.

7.2. Sales on FIOR Digital can only be carried out in vouchers. The customer holds a BTC balance in his customer account and makes a binding offer to sell BTC to FIOR Digital. To make such a binding offer, the Customer must (1) validly and correctly complete all required data on the applicable FIOR Digital trading screen and (2) confirm the “Confirm” button (“Offer to Sell”). The customer is shown an estimate of the expected voucher value during the sales process. After a successful sale, the customer will see the exact voucher amount in the dashboard of their customer account.

7.3. The Offer to Purchase and the Offer to Sell are collectively referred to as the “Transaction Offer”.

7.4. The minimum transaction amount must have an equivalent value of at least EUR 15.00 (according to the rates used on the FIOR Digital systems).

7.5. The customer is bound to a transaction offer for a period of 24 hours (“offer period”).

7.6. A transaction offer may be accepted or rejected by FIOR Digital either by actual fulfillment of the offer within the offer period. The customer will be informed about the acceptance or non-acceptance of his transaction offer. Actual fulfillment means the irrevocable crediting of BTC or vouchers to the customer account. After a successful transaction, the customer will see the exact amount of the purchase or sale in the dashboard of their customer account.

7.7. The order is processed and further information is transmitted via screen output in the app and also via email.

8. Savings Plan

8.1. The customer can create recurring purchases or hereinafter “saving plans” via the FIOR systems as follows: The customer makes a binding purchase offer for the regular and recurring purchase of vouchers and their exchange for BTC at the then applicable BTC market prices against a recurring payment of one Customer specified amount in a fiat currency to FIOR Digital.

8.2. In order to make such a binding offer, the customer must (1) provide all required data in the FIOR Digital system validly and correctly and (2) click the “Confirm” button (“Savings Plan Offer”). The first execution of the savings plan and the frequency of repetition are determined by the customer. At the time specified by the customer (e.g. on the 5th day of each month), FIOR Digital will purchase BTC for the entire transaction amount at the current BTC market price from FIOR Digital through the savings plan, provided that payment has been received from the customer's bank account.

8.3. The savings plan offer can be accepted or rejected by FIOR Digital either by actually fulfilling the offer within the offer period. The customer will be informed about the acceptance or non-acceptance of his savings plan offer.

8.4. Any recurring savings plan offer from the customer can be rejected by FIOR Digital. The rejection will not affect the BTC previously received by the customer under the savings plan.

8.6. SEPA direct debit mandate: By selecting the SEPA direct debit mandate as a payment method, the customer revocably grants FIOR Digital a SEPA direct debit mandate in order to collect payments when due from the bank account specified by the customer. The first setup of a SEPA direct debit mandate can take up to ten calendar days from the time the necessary data is transmitted to FIOR Digital.

8.7. The debit time to the specified bank account can be up to ten calendar days before the recurring purchase time specified by the customer. The customer will be notified of the payment amount and the debit date by email after the payment has been successfully completed. The customer hereby also authorizes his bank to honor the direct debits. The customer's bank is also entitled to reject direct debits, especially if the customer's account does not have the required funds.

8.8. The customer has the right to initiate a chargeback to his account (“chargeback”) within 56 calendar days (8 weeks) from the debit date without giving reasons. The conditions agreed with the customer's bank apply. Note: The claim due according to the final price accepted and confirmed as part of the savings plan remains valid even in the event of a return debit.

8.9. The customer is obliged to ensure that his bank account has sufficient funds on the due date. If collection via SEPA direct debit mandate is not possible (e.g. because the banking institution rejects or rejects the direct debit) and the customer is at fault, the customer will bear all resulting costs (e.g. bank fees) to the extent that they are necessary to cover the reasonable administrative costs. The customer also authorizes FIOR Digital to carry out a direct debit again at a later date. The customer will be notified of the payment amount and the debit date by email after the payment has been successfully completed.

8.10. Standing order: By selecting the standing order as a payment method, the customer instructs his bank to transfer the specified amount to FIOR Digital's bank account when it is due.

8.11. Open orders must be paid within 14 days before FIOR Digital sends an email reminder. If payment has still not been received after a total of 19 working days, FIOR Digital reserves the right to issue a written reminder to the customer and to assign outstanding claims for collection or to cancel the order.

8.12. The customer can revoke the savings plan, the SEPA direct debit mandate and the standing order at any time. A revocation will become effective no later than two working days after you have submitted your revocation. Please note that your SEPA direct debit mandate will continue to be executed even after revocation or interruption, provided that the revocation or interruption occurs between the time of debit from your bank account and the recurring purchase time. Please also note that the standing order with the bank must be terminated separately. If the standing order is not ended, the fiat amount will continue to be transferred to your customer account and automatically exchanged for BTC at the current BTC-fiat exchange rate.

8.13. The customer accepts the BTC-Fiat exchange rate at the time of transaction. The current BTC-Fiat exchange rate can be viewed by the customer at any time on the FIOR Digital systems.

9. Transfers to external Wallet Addresses

9.1. BTC can be sent from the FIOR Digital systems to external wallet addresses (“Transfer”). In order to make such a binding offer for a transfer, the customer must (1) provide all required data validly and correctly on the relevant FIOR Digital trading screen and (2) click the “Confirm” button.

9.2. The transaction ID generated by the BTC network serves as irrefutable proof of the transfer of BTC to the wallet address added by the customer. This transaction ID will also be sent to the customer's most recently disclosed email address as part of a delivery confirmation. The transaction can be viewed publicly at the following internet address: https://mempool.space.

9.3. The transfer is complete and cannot be reversed once the transfer appears on the BTC network. Once the transfer has been confirmed, the FIOR Digital System no longer has any influence on the transfer. The transfer can only be completed through confirmation from the BTC network.

9.4. Sending BTC to the wrong wallet address or the wrong network will result in your BTC being irretrievably lost. Once a transfer has been made, it cannot be reversed.

10. Custom Price Order

FIOR Digital offers the customer the opportunity to trigger a BTC purchase from FIOR Digital at a maximum price (“Custom Price Order”) predetermined by the customer under the following conditions:

10.1. In order to trigger a custom price order on the FIOR Digital systems, the customer specifies, on the one hand, an individual purchase price that is below the current price for BTC and, on the other hand, a certain amount of BTC that should be purchased at the set price.

10.2. The customer can only trigger a custom price order if he has vouchers in the corresponding amount. In the event that the customer triggers a custom price order, the corresponding voucher amount will be withheld by FIOR Digital until the custom price order is (i) executed (ii) canceled or (iii) expired. The customer cannot otherwise dispose of the specified amount during this period.

10.3. The custom price order is executed by purchasing BTC either (i) at the selected price or (ii) below the selected price. To clarify, it is stated that the customer purchases the BTC directly from FIOR Digital and not through any exchange. At the time the custom price order is executed, the corresponding retained voucher amount will be debited from the customer account and in return BTC will be purchased in the same value (less fees). After successful completion of the custom price order, the customer will receive a notification from FIOR Digital in the customer account and by email.

10.4. When placing a custom price order, the customer must specify a period after which the order expires if it has not been executed (“expiry period”). A day always ends at 00:00 UTC 24 (twenty-four) hours after the customer places the order. For example, if you set an expiration period of 7 (seven) days on Monday at 2:30 p.m. UTC, the limit price order will expire on the following Monday at 00:00 a.m. UTC.

10.5. The customer has the option to cancel the custom price order he has placed at any time before it is executed on the FIOR Digital applications. FIOR Digital does not charge any fees for canceled custom price orders.

10.6. FIOR Digital reserves the right to cancel outstanding custom price orders if there is suspicion that there is a reason for termination in accordance with point 5.2 of the General Terms and Conditions. To the extent permitted by law, in such a case the customer will receive a notification in his customer account and by email.

10.7. The triggering of a custom price order does not constitute a price guarantee and the order may not be executed at the customer's desired price due to the volatile market

11. Costs and Fees

11.1. Transaction Fees: A fee is charged by FIOR Digital for buying and selling BTC. For more information about fees, see the following article about fees.

11.2. Transfer Fees: A fee will be charged by FIOR Digital to process the customer-instructed transfer.

11.3. External fees: In addition, external network, transmission or miner fees may apply, which are inherent to the blockchain and must be borne by the customer (“mining fees”). FIOR Digital cannot influence the amount or amount of external fees. The fee is influenced by factors that FIOR Digital cannot influence (such as the transaction volume on the Bitcoin network). The customer will be informed of the applicable fee before the purchase is confirmed. Any costs from credit institutions (e.g. fees for transfers or booking lines) must be borne by the customer.

11.4. FIOR Digital will not transact BTC if Bitcoin mining fees are more than 10% of the transferred values. In this case, FIOR Digital waits until the customer makes additional transactions or the transaction costs have fallen below 10%.

12. Trust Services and Custody of BTC

12.1. In accordance with the following provisions, FIOR Digital will manage the customer assets in BTC (“trust assets”) that are beneficially owned by the customer in trust in its own name but for the account of the customer (“trust service”).

12.2. The customer appoints FIOR Digital as trustee of the trust property. The customer expressly authorizes FIOR Digital to appoint additional authorized representatives, agents, representatives or trustees to fulfill the obligations stated in this point 12. FIOR Digital never holds the private keys for the BTC purchased by customers. The BTC is stored in central wallets by a third crypto custodian. FIOR Digital uses the partner Bitstamp Europe S.A., with its registered office at 40, avenue Monterey L-2163 Luxembourg, respectively BitGo Trust Company Inc., with its registered office at 6216 Pinnacle Place, Suite#l01, Sioux Falls, South Dakota 57108, United States, as the crypto custodian of the private and public keys of the BTC held in trust, which stores the BTC in central wallets for FIOR Digital (“Custodian”).

12.3. As trustor, the customer is the beneficial owner of his trust assets at all times and FIOR Digital is the civil law owner of the trust assets in accordance with Austrian civil law in its function as trustee. FIOR Digital and the Customer are bound by the following trust agreement (“Trust Agreement”):

12.3.1. The trust services – and therefore the trust agreement – are subject to the successful completion of the customer registration process and the other conditions of these Terms and Conditions. In addition, the trust services are subject to and are subject to additional requirements communicated to the customer upon or after the deposit of fiat funds, such as the submission of evidence of the origin of funds in accordance with anti-money laundering and anti-terrorist financing regulations limited.

12.3.2. Trust assets consist of all BTC credited to your customer account as a direct result of a purchase of BTC processed through FIOR Digital systems.

For the avoidance of doubt, all BTC that, for whatever reason, should be credited to the customer account (e.g. if sufficient proof of coverage is not provided) do not constitute trust assets and are therefore not subject to the trust agreement.

12.3.3. The trust relationship is one-sided and FIOR Digital, in its function as trustee, holds the trust assets with the custodian at all times in the interests and for the account of the customer. FIOR Digital offers trust services to all of its customers (i.e. FIOR Digital acts as trust agent for several customers at the same time) and may also hold or trade its own BTC. The customer hereby releases FIOR Digital from any restrictions on self-contracting and dual representation (pursuant to Section 1009 of the Austrian General Civil Code or otherwise) in connection with its function as FIOR Digital and the other services it offers on the FIOR Digital systems.

12.3.4. Subject to the fulfillment of the above requirements, the trust agreement begins on the day on which a (part of a) BTC is allocated to the customer account and is closed for an indefinite period. The trust agreement ends automatically as soon as all trust assets have been withdrawn from the customer account.

12.3.5. The amount of trust assets that FIOR Digital manages for the customer is displayed via the FIOR Digital systems. FIOR Digital undertakes to protect the trust assets to the extent that is technically feasible in the FIOR Digital systems. However, FIOR Digital is not obliged to hold customer assets in a particular form or system.

12.3.6. The Customer remains in control of all Customer Assets displayed in his Customer Account and, subject to the conditions and limitations set out in these Terms and Conditions, may dispose of the trust assets at any time, for example by transferring it to a wallet address outside the FIOR Digital systems. FIOR Digital will then issue a corresponding order to the custodian.

12.3.7. The purpose of the trust agreement is to create a legal framework for the technical services offered by FIOR Digital in relation to the client's assets. FIOR Digital, in its capacity as a trustee, does not act as an asset manager, investment advisor, portfolio manager or in a similar capacity and, subject to mandatory legal provisions, court orders or judgments or similar instructions from authorities which are binding on FIOR Digital, does not actively participate in transactions and makes no observations or inquiries regarding the trust assets.

12.3.8. As the beneficial owner of the Customer's assets, the Customer bears the entire risk of loss (in actual, legal and/or economic terms) of these Customer's assets, in particular any of the risks specified in point 16 of these Terms and Conditions. Any liability of FIOR Digital arising from or in connection with FIOR Digital trust services is limited in accordance with point 15 of these Terms and Conditions.

12.4. As long as a person is a customer of FIOR Digital, the use of the trust services is free of charge. However, if a person is no longer a customer and refuses to withdraw their assets within 14 days of termination of the contractual relationship, FIOR Digital is entitled to charge fees of 0.1% of the value of the trust assets in custody, but a maximum of EUR 30 .00 per month for the use of the trust services. These fees apply in addition to and independently of any other fees expressly agreed to in other points of these Terms and Conditions.

13. FIOR Digital Voucher

13.1. FIOR Digital offers the purchase of a FIOR Digital voucher against redemption of vouchers (hereinafter “voucher”).

13.2. The customer (“sender”) can purchase a voucher from FIOR Digital and instructs FIOR Digital that the voucher amount (“voucher amount”) will be deducted from his voucher balance as soon as the voucher is redeemed by another customer (“recipient”). After the sender has confirmed the voucher purchase by clicking on the corresponding button, he instructs FIOR Digital to block the voucher amount on his voucher balance. This blocking will be lifted if the voucher has not been redeemed within 90 days of the issue date or if the sender cancels the voucher via FIOR Digital before the recipient redeems the voucher. When the recipient redeems the voucher, the voucher amount is deducted from the sender's voucher balance.

13.3. The sender must have sufficient voucher credit in his customer account at the time the voucher is created or purchased.

13.4. The voucher can only be redeemed at FIOR Digital.

13.5. As soon as the recipient redeems the voucher at FIOR Digital, FIOR Digital will purchase BTC for the entire voucher amount at FIOR Digital's current market price, less the FIOR Digital fees (see point 11).

13.6. Both sender and recipient must be FIOR Digital customers with active accounts without active restrictions. If the recipient is not a FIOR Digital customer, they must open a fully verified and active account with FIOR Digital before redeeming the voucher.

13.7. The maximum voucher amount and the number of vouchers that a sender may purchase or a recipient may receive may be subject to restrictions due to legal or regulatory requirements or other objective reasons, which FIOR Digital determines and may change at any time. Changes will be announced to customers with a reasonable lead time and will not affect vouchers that have already been purchased.

13.8. A voucher is not reloadable and is valid for 90 days from the date of issue. After the voucher's validity period has expired, the sender of the voucher will be credited back to his customer account if the voucher has not been redeemed.

14. Right of Withdrawal

14.1. According to Section 11 FAGG, the customer has the right to withdraw from a concluded contract within 14 days of the respective contract being concluded without giving reasons. The 14-day withdrawal period begins at the time the contract is concluded and the order is executed. In order to exercise his right of withdrawal, the customer must inform FIOR Digital by means of a clear statement (e.g. a letter sent by post or email) that he is withdrawing from the contract. The consumer customer can use the attached sample cancellation form (see appendix: cancellation form), but is not obliged to do so. In order to meet the withdrawal deadline, it is sufficient that the customer sends notification of the exercise of the right of withdrawal before the deadline expires.

14.2. If the customer withdraws from his contract, FIOR Digital must refund all payments received to the customer immediately and at the latest within 14 days from the day on which FIOR Digital was informed of the withdrawal or revocation. For the repayment, FIOR Digital uses the same payment method and bank account of the customer for the repayment that the customer used in the original transaction, unless expressly agreed otherwise with the customer. In no case will the customer be charged any fees for this repayment.

14.3. The customer has no right to withdraw from BTC purchased via distance selling, as their price depends on fluctuations on the financial market, over which FIOR Digital has no influence and which can occur within the withdrawal period (§ 18 Paragraph 1 Z 2 FAGG).

15. Disclaimer

15.1. In principle, FIOR Digital is only liable to customers for damages that were caused intentionally or through gross negligence by FIOR Digital or one of its vicarious agents. In cases where damage was caused by slight negligence, FIOR Digital is only liable for:

15.1.1. in cases of personal injury,

15.1.2. for damage to items taken over for processing, unless otherwise agreed in detail with the customer with regard to damage to items taken over for processing,

15.1.3. for damages due to the lack of guaranteed properties,

15.1.4. according to the product liability law, and

15.1.5. for damages due to the breach of an essential contractual obligation (cardinal obligation), if the damage was reasonably foreseeable for FIOR Digital when the contract was concluded. A cardinal obligation is an obligation that enables the proper fulfillment of the contract and on whose compliance the user regularly trusts and can rely. This includes the purchase and sale of BTC and the obligation to store, manage or secure values for the customer on the FIOR Digital systems.

15.2. Claims for damages can be made by a customer due to the fact that FIOR Digital delayed a transaction due to negligent ignorance of the suspicion of money laundering or terrorist financing or the suspicion of a violation of the obligations described in point 3.1 (acting on its own behalf). has not been carried out, cannot be collected in accordance with Section 19 FM-GwG.

16. Risks

16.1. The use of the services offered by FIOR Digital is associated with risks which, in the worst case scenario, can lead to the total loss of the investment. These risks include, but are not limited to, the following:

16.1.1. The value of BTC can fluctuate and there is no guarantee that the value of BTC will increase compared to fiat currencies such as the Euro.

16.1.2. The technology of cryptocurrencies, virtual currencies, digital assets and other assets based on cryptographic technology, as well as the underlying software applications and software platforms such as the smart contract systems and other software and technology involved, as well as technical concepts and theories, are still at an early stage of development untested and beyond the control or influence of FIOR Digital.

16.1.3. FIOR Digital manages the FIOR Digital systems with the necessary care. Nonetheless, systems for exchanging fiat money and virtual currencies combine various new experimental technologies and are very likely to experience interruptions, errors and other problems.

16.1.4. Planned maintenance work, updates or upgrades that do not just temporarily limit the functionality of the FIOR Digital systems or lead to their failure will be communicated to the customer in good time in advance in an appropriate manner (e.g. by email). Such maintenance work will be carried out as quickly as possible, but at least within two weeks. Unplanned maintenance work that becomes necessary due to technical defects or force majeure will be carried out as quickly as possible.

17. Privacy

17.1. When providing its services, FIOR Digital adheres to the requirements of the GDPR and the Austrian Data Protection Act.

17.2. For detailed information on data protection, please refer to FIOR Digital's data protection declaration, which can be viewed at https://21bitcoin.app/en/privacy.

18. Refer a Friend Program

18.1. FIOR Digital offers the customer the opportunity to take part in a “refer a friend program” (hereinafter “program”). The program is offered and carried out by FIOR Digital exclusively on the mobile application operated by FIOR Digital (hereinafter “21bitcoin”). The program is offered until further notice and may be terminated or adjusted at any time without notice. Changing or terminating the program will not affect benefits already received.

18.2. Subject and requirements of the program:

18.2.1. A Customer can participate in the Program by transmitting his personal referral code received from FIOR Digital (hereinafter “Referral Code”) to a person who is not yet a Customer (hereinafter “Invitee”). The customer only receives a referral code if he has unrestricted access to his active FIOR Digital customer account.

18.2.2. The customer and the invited person must be a natural person, have successfully completed the customer registration process and complied with all other provisions of the FIOR Digital Terms and Conditions.

18.2.3. Customers and invitees residing in certain jurisdictions or countries may be excluded from participating in the program, for example for legal and regulatory reasons.

18.2.4. The invited person must not have already registered to open a FIOR Digital customer account or previously been a customer.

18.2.5. Each invitee can only use one referral code. A combination of two or more referral codes is not possible.

18.2.6. Participation in the program is voluntary and free of charge for the customer and the invited person(s).

18.2.7. The customer and the invitee cannot be the same person.

18.2.8. The customer who makes the recommendation must ensure that the invitation is only sent to people who agree to receive it.

18.3. Advantages and special conditions of the program:

18.3.1. The currently applicable conditions can be found at [Link].

18.3.2. The invited person will receive a reduction in trading fees on certain purchase orders of BTC. The fee reduction is 0.2% of the FIOR Digital base fee for purchasing BTC.

18.3.3. The referring customer will receive a reward if the invited person makes a BTC purchase via 21bitcoin. The reward is a fixed percentage of the net revenue that FIOR Digital earns when the invitee makes a purchase of BTC. The reward is 21% of the net revenue that FIOR Digital receives from the invited person.

18.3.4. The conditions and discounts of the program may be adjusted or terminated at any time and without prior notice by FIOR Digital.

18.4. Credit of the reward:

18.4.1. Each reward is credited to the customer on a temporary and separate digital FIOR Digital customer account (“reward account”).

18.4.2. The reward(s) will be credited to the reward account from an accumulated reward amount of EUR 15.00 and will be credited at the latest in the following month in which the minimum amount of the credit was exceeded.

18.4.3. As part of the credit, the reward(s) will be converted into BTC and credited to the customer in their FIOR Digital Wallet. The EUR/BTC conversion rate and the FIOR Digital basic fee for the purchase of BTC apply at the time the reward is credited.

18.4.4. If the reward is below the minimum amount of EUR 15.00, the customer has no claim to disposal or bonuses. If the reward does not reach the minimum amount of EUR 15.00 within 360 days, the entitlement to the reward expires.

18.4.5. The maximum amount of the reward that a customer can achieve within 360 days is EUR 450.00. Claims beyond this expire.

18.4.6. The crediting of the reward requires that the customer has an active FIOR Digital customer account at the time of crediting and that it has not been blocked, suspended or closed.

18.4.7. Depending on tax laws, rewards from the program may be taxed by the customer in the country in which the customer has his or her tax residence.

18.5. Prohibited behavior:

18.5.1. The customer may only use the referral code for private purposes and not for commercial activities, in particular not for paid promotions such as online advertising. In addition, the customer is not permitted to publicly distribute it on websites, in particular on blogs and voucher websites, which are primarily used to solicit rewards. The customer is prohibited from sending bulk emails, short messages or messages to people the customer does not know, or from using automated systems or bots to distribute the referral code.

18.5.2. FIOR Digital can refuse the participation of customers and invited persons for objective reasons. FIOR Digital reserves the right to refuse the payment of rewards or to demand a refund if FIOR Digital detects an action by the customer that is abusive or violates the General Conditions of Participation or General Terms and Conditions.

18.5.3. The customer participates in the program in his own name and at his own expense. Any actions on behalf of or for FIOR Digital are prohibited (e.g. sending messages on behalf of or for FIOR Digital to people, publishing postings or making statements on behalf of FIOR Digital, editing logos, trademarks or others Material from FIOR Digital and promoting discounts for FIOR Digital's services (except for discounts published by FIOR Digital itself).

18.5.4. Customer is prohibited from using any pay-per-click (PPC) or search engine marketing (SEM) methods, including but not limited to: Google Adwords, Bing Ads, if (1) on behalf of FIOR Digital is advertised and, as a result of such paid advertising, users are directed directly to FIOR Digital systems, the Promoter's website or another third party website, (2) bidding on FIOR Digital branded terms, including all forms of spelling and typographical errors, (3) uses FIOR Digital branded terms, including any spelling or typographical errors, in the paid ad copy and/or images, or (4) directly competes with FIOR Digital advertisements to appear on search results pages.

19. Changes to these Terms

19.1. Changes to these Terms and Conditions that affect essential service content or fees require the express consent of the customer. This concerns changes that (1) affect one of the main performance obligations, i.e. all changes or additions to the customer's payment obligations as well as restrictions of the customer with regard to the purchase and sale of Bitcoin, or (2) significantly change the contractual relationship in a way that equivalent to concluding a new contract.

19.2. Editorial or other changes to these terms and conditions will be communicated to the customer in the 21bitcoin app or by email with reference to the specifically changed clauses. If the customer does not object to the changes in writing or by email within one month of notification, the customer's consent to the changes is deemed to have been given. The customer is informed in the change offer that (1) his silence by not submitting a written or electronic objection within the specified period is deemed to be consent to the changes and that (2) the customer - if he is a consumer - has the right to withdraw his consent To terminate the contract and the contractually agreed services without notice until the changes come into force.

19.3. Editorial changes are changes to clarify unclear provisions, adjustments to formats or fonts, provided that this does not result in a material change in accordance with point 19.1 of these General Terms and Conditions.

19.4. Other changes that do not qualify as material changes may only be made at FIOR Digital's reasonable discretion and provided that the risks have been weighed up with appropriate consideration of the interests of FIOR Digital or the entirety of FIOR Digital customers versus the interests of the individual customer be made for good reason, that is:

19.4.1. due to the offer of new services that are either free or cannot be used by the customer or can only be used optionally;

19.4.2. provided there are no disadvantages for the customer;

19.4.3. due to civil, regulatory or tax law requirements;

19.4.4. due to change of service providers or contractors;

19.4.5. to change or implement additional obligations; or

19.4.6. there is a reason comparable to the reasons given.

20. Miscellaneous

20.1. FIOR Digital has the right to share and disclose any information and data relating to customers and customer accounts (including all transactions made in the past) if required by a competent court, public prosecutor's office and/or a governmental, banking, tax authority or other supervisory authority or similar official body. FIOR Digital reserves the right to cooperate with these authorities and official bodies to the extent possible.

20.2. Applicable Law: These Terms and Conditions and any transaction covered by them are governed by Austrian law, excluding the conflict of law provisions of Austrian private international law. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. For customers who are consumers within the meaning of the KSchG, this only applies to the extent that the law of their country of residence does not grant them a more favorable legal position compared to FIOR Digital in individual cases.

Appendix II: Definitions

In the Terms and Conditions, the following terms have the meaning given in the following overview and apply equally in the singular and in the plural.

Appendix III: Cancellation Form

(If you would like to cancel the contract, please fill out this form and send it back)

- To FIOR Digital GmbH, A-5020 Salzburg, Rupertiwinkelstraße 19, email support@fior.digital

- I hereby revoke the contract concluded by me for the provision of the following service:
- Ordered on:
- Name of the consumer:
- Address of Consumer:

- Consumer's signature (only if this form is submitted in paper form):
- Date