General Terms and Conditions
01.12.2022
§ 1 Scope of application
These General Terms and Conditions (“General Terms and Conditions”) apply to the entire business relationship between the customer and Mondo Gate AG (“Mondo Gate”) as the operator of the web application www.mondogate.com (the “Web Application”) and the Mondo Gate mobile application (the “Mobile Application”), the Web Application and the Mobile Application are also referred to together as the “Mondo Gate Online Media” and individually as the “Mondo Gate Online Media”), unless expressly agreed otherwise.
The scope of application includes both the activities of Mondo Gate AG as an outsourcing company for the planned outsourcing to a bank with regard to customer acquisition (acquisition), front-end (mapping of services) and marketing (own branding and brand presence) (“outsourcing service”) and for Tangany GmbH as well as the services.
The contractual relationship between the client and Tangany GmbH is additionally governed by the General Terms and Conditions of Tangany GmbH and its other contracts, which are to be concluded separately. The further General Terms and Conditions of the planned outsourcing for a bank as a CRR credit institution (“full bank”) shall apply upon conclusion of the corresponding contract with the full bank.
The contractual partners of this contract are exclusively the customer and Mondo Gate. The customer shall conclude a separate contract for the storage of the private keys of the customer's cryptocurrencies in a wallet (the “Customer Wallet”). The contracting parties to this contract are exclusively the customer and Tangany GmbH (“Tangany”). The legal relationship between the investor and Tangany is governed exclusively by the respective contractual terms and conditions, in particular the General Terms and Conditions of Tangany (“Tangany Terms of Use”).
Mondo Gate is solely and exclusively responsible for the operation of the Mondo Gate online media and all content provided thereon.
§ 2 Mondo Gate's Role as an Outsourcing Company
Mondo Gate serves solely as a platform for third-party offerings, particularly in the area of financial services and decentralized finance (DeFi) related to cryptocurrencies, such as those provided by Tangany GmbH.Through its online media, Mondo Gate provides outsourced services as defined in § 25b of the German Banking Act (KWG) on behalf of a full-service bank. A partnership with a full-service bank, operating as a CRR credit institution supervised by the Federal Financial Supervisory Authority (BaFin) and the European Central Bank, is planned for this purpose.
§ 3 Changes to the General Terms and Conditions
Changes to these General Terms and Conditions will be communicated to the customer at least one month prior to their proposed effective date via Mondo Gate’s online media and sent to the email address provided by the customer.
The customer will have the opportunity to save or print the changes in a readable format.
§ 4 Cryptocurrencies
Cryptocurrencies are digital currencies that are generated in a decentralized manner via a peer-to-peer network on the internet. They are encrypted using digital signatures and are based on the whitepaper authored by Satoshi Nakamoto.Cryptocurrencies are not official legal tender and are not recognized as a means of payment by any government authority. Ownership of cryptocurrencies also does not establish any claim against an issuer within the meaning of § 1 paragraph 2 of the German Payment Services Supervision Act (ZAG).
Mondo Gate AG, via Tangany GmbH, provides access to the following services:
• Wallets, including the custody of cryptocurrencies
• Sending and receiving cryptocurrencies
• Buying and selling cryptocurrencies
The terms and conditions of Tangany GmbH apply to the execution of these services.
§ 5 Technical Requirements
Access to the web application is only possible via a web browser running on a computer or mobile device with an internet connection, or via the mobile application. Other means of access are not supported.
§ 6 Legal Requirements for Registration
Only natural persons with full legal capacity may register with Mondo Gate. These individuals must have a permanent residence in the Federal Republic of Germany, another member state of the European Economic Area, or Switzerland.
§ 7 Customer Duties of Cooperation and Care
To ensure proper business operations, the customer must promptly inform Mondo Gate of any changes to their name, address, or email address. The customer is also obligated to regularly check communications received via their Mondo Gate online mailbox and email.
§ 8 Risk Disclosure Regarding Cryptocurrencies; No Investment Advice or Brokerage
The current value of a cryptocurrency depends on the amount available and in demand on the market. Its value can also be influenced by the extent to which merchants or service providers accept it as a means of payment. Like securities, derivatives, or other financial instruments, the value of cryptocurrencies is subject to market fluctuations. Investments in cryptocurrencies are highly speculative and carry a risk of loss, including total loss.
§ 9 Registration
To register for the use of Mondo Gate online media via the web application, the customer must follow these steps:
1. The customer registers at www.mondogate.com and follows the instructions for opening an account. Email address verification is required.
2. The account is then activated by Mondo Gate and a crypto wallet is created with Tangany GmbH. Acceptance of Tangany GmbH's terms and conditions is required. Afterward, receiving cryptocurrency becomes possible.
3. To send cryptocurrency, 2FA is required at Mondo Gate, provided via Google Authenticator. The maximum FIAT value for sending cryptocurrency is €5,000.
4. If the customer decides to upgrade the account to include an additional SEPA account, they complete the account opening process for the customer bank account with the full-service bank and provide the necessary information.
5. These data are then verified by the full-service bank via BankIdent or VideoIdent.
6. Upon successful account opening, the customer gains access to the Mondo Gate online media.
7. EThe KYC information (ID only) is forwarded to Tangany GmbH.
To register via the mobile application, the following steps are required:
1. The customer visits the respective app store (Google Play or Apple App Store) and downloads the mobile application.
2. The customer registers in the mobile application and follows the instructions for account creation. Email verification is required.
3. The account is then activated by Mondo Gate and a crypto wallet is created with Tangany GmbH. Acceptance of Tangany GmbH's terms and conditions is required. Afterward, receiving cryptocurrency becomes possible.
4. To send cryptocurrency, 2FA is required at Mondo Gate, provided via Google Authenticator. The maximum FIAT value for sending cryptocurrency is €5,000.
5. If the customer chooses to upgrade the account to include a SEPA account, they complete the account opening process with the full-service bank and provide the necessary data.
6. These data are verified by the full-service bank via BankIdent or VideoIdent.
7. After successful account opening, the customer gains access to Mondo Gate's online media.
By clicking the link in the confirmation email, the customer confirms the identity of their email address. By confirming their registration, the customer accepts these General Terms and Conditions. The customer is required to use an email address for registration that only they personally can access.
§ 10 Authentication
Customers must prove their identity when opening a customer bank account with the full-service bank according to its requirements.
§ 11 Services Provided by Mondo Gate
Mondo Gate AG provides access via Tangany GmbH to the following services:
• Wallets including cryptocurrency custody
• Sending and receiving cryptocurrencies
• Buying and selling cryptocurrencies
§ 12 Fees and Costs, Price and Service Schedule
The current fees, charges, and expenses can be found on the website www.mondogate.com. Changes to the price and service schedule may be made in accordance with § 3 of these General Terms and Conditions.
§ 13 Data Protection
The current data protection policy can be viewed at www.mondogate.com/datenschutz.
§ 14 Liability of Mondo Gate
Mondo Gate aims to provide continuous access to its online media but cannot guarantee uninterrupted availability. This particularly applies to attacks on network infrastructure, such as DDoS attacks of varying intensity.
§ 15 Termination Rights
Both parties may terminate the business relationship with one month’s notice to the end of a calendar quarter.
§ 16 Reciprocal Effect and Settlement of Termination
Upon effective termination of the Mondo Gate service agreement, the contracts with Tangany GmbH and the full-service bank are also considered effectively terminated. Settlement is carried out according to the policies of Tangany GmbH and the full-service bank.
§ 17 Applicable Law
German law applies to the contractual relationship between the customer and Mondo Gate, excluding the UN Convention on Contracts for the International Sale of Goods.
Help and Complaints
Mondo Gate aims to offer products and services that meet each customer’s needs. If questions arise or a complaint needs to be submitted, Mondo Gate is committed to handling it promptly and transparently.
End of General Terms and Conditions
