Mondo Gate AG
General Terms and Conditions
December 1, 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 collectively referred to as the “Mondo Gate Online Media” and individually as “Mondo Gate Online Medium,” unless explicitly stated otherwise.
The scope of application includes both the activities of Mondo Gate AG as an outsourcing company for the planned outsourcing to a bank regarding customer acquisition (acquisition), frontend (representation of services), and marketing (own branding and brand appearance) (“Outsourcing Services”) and the services provided for Tangany GmbH.
The contractual relationship between the customer and Tangany GmbH is subject to the separately concluded General Terms and Conditions of Tangany GmbH and its other contracts. The additional General Terms and Conditions for the planned outsourcing to a bank as a CRR credit institution (“Full Bank”) apply upon conclusion of the corresponding contract with the Full Bank.
The contractual partners of this contract are exclusively the customer and Mondo Gate. For the storage of the private keys of the customer’s cryptocurrencies in a wallet (the “Customer Wallet”), the customer enters into a separate contract. The contractual partners of this contract are exclusively the customer and Tangany GmbH (“Tangany”). The legal relationship between the investor and Tangany is governed solely by the respective contractual terms, in particular, the General Terms and Conditions of Tangany (“Tangany Terms of Use”).
Mondo Gate is solely responsible for the operation of the Mondo Gate Online Media and all content provided therein.
§ 2 Mondo Gate’s Activity as an Outsourcing Company
Mondo Gate is exclusively a platform for offers from third parties, including financial service offers and DEFI services in the crypto sector, including those offered by Tangany GmbH. Mondo Gate provides outsourcing services in the sense of § 25b KWG for the Full Bank through the Mondo Gate Online Media. This involves planning collaboration with a Full Bank as a CRR credit institution supervised by the Federal Financial Supervisory Authority (BaFin) and the European Central Bank.
§ 3 Changes to the General Terms and Conditions
Changes to these General Terms and Conditions will be communicated to the customer no later than one month before the proposed effective date via the Mondo Gate Online Media and offered through the email address provided by the customer. The customer is enabled to store or print changes in a readable form.
Changes communicated to the customer in accordance with paragraph 1 are deemed approved unless the customer raises an objection in text form within the deadline set forth in paragraph 1. Mondo Gate will specifically inform the customer of this approval effect when notifying them of the changes. If the customer does not agree to a proposed change, they must notify Mondo Gate of their objection in text form within six weeks after the change has been offered via email. If no objection is raised by the customer within the specified period, the changes are considered accepted by the customer.
§ 4 Cryptocurrencies
Cryptocurrencies are electronic currencies that are generated in a decentralized manner through a peer-to-peer network on the internet and are encrypted based on digital signatures, with their development based on a white paper by Satoshi Nakamoto. Cryptocurrencies are not officially recognized as legal tender (“money”) by any government authority. Ownership of cryptocurrencies does not establish or prove any claim against an issuer in the sense of § 1 Abs. 2 of the Payment Services Supervision Act (ZAG).
Mondo Gate AG provides access to the following services through Tangany GmbH:
• Wallets including the custody of cryptocurrencies
• Sending and receiving cryptocurrencies
• Buying and selling cryptocurrencies
The execution of the aforementioned services by Tangany GmbH is primarily governed by the respective conditions of Tangany GmbH.
§ 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 access methods are not supported.
When an account is set up with Mondo Gate, all communication between Mondo Gate and the customer regarding the services mentioned in § 4 occurs exclusively in electronic form via a mailbox in the Mondo Gate Online Media or via email, unless expressly stated otherwise in these General Terms and Conditions. Statements will not be sent to the customer additionally in paper form unless there is a legal obligation to do so. Therefore, Mondo Gate is not liable for any damages arising therefrom.
§ 6 Legal Registration Requirements
Individuals may register with Mondo Gate who are fully capable of entering into legal transactions. Individuals must have a permanent residence in the Federal Republic of Germany or in another state of the European Economic Area or in Switzerland.
§ 7 Customer’s Obligations and Duties of Care
To ensure the proper processing of business transactions, it is necessary for the customer to promptly inform Mondo Gate of any changes to their name, address, and email address. The customer is obliged to regularly check the messages received in their mailbox of the Mondo Gate Online Medium and via email.
The customer can secure certain transactions using their mobile phone (“Mobile”) by generating a one-time password using special apps, such as Google Authenticator. Mondo Gate strongly recommends that customers set up two-factor authentication for additional protection of their account. The customer is responsible for securely storing their individual combination of username and password. They must exercise all due diligence and take all appropriate precautions to ensure that unauthorized persons do not gain knowledge of their individual combination of username and password. In particular, the customer must not store their individual combination of username and password together with their other documents related to Mondo Gate or save or record it electronically or in any other form, and must choose their individual combination of username and password so that it cannot easily be guessed by unauthorized persons.
A customer who has logged into the web application with their username and password must not leave the computer used for logging in unattended. In the event of a violation of the aforementioned behavioral guidelines, the customer is liable for all associated risks and damages. If the customer has installed the mobile application on their mobile phone, they are required to secure their mobile phone with a code.
If the customer becomes aware that their individual combination of username and password has become known to unauthorized persons or that their account with Mondo Gate has been used without authorization, they are obliged to immediately notify Mondo Gate and, if possible, change the individual combination of username and password in the Mondo Gate Online Medium without delay. If the latter is not possible, Mondo Gate will immediately suspend the customer’s access to their account in the Mondo Gate Online Media until further notice after receiving and acknowledging the relevant notification and verifying the identity during normal business hours.
The customer’s account can be suspended by Mondo Gate at any time if unauthorized use is detected. In this case, Mondo Gate will inform the customer of the necessary steps to provide unequivocal proof of their legitimate ownership, which is required for the lifting of the suspension. If there are indications of unauthorized use of the access, Mondo Gate is entitled to block the cryptocurrencies in the customer wallet, preventing any outflow of cryptocurrencies.
The customer may only use the content published on the web application with written permission from Mondo Gate.
§ 8 Risk Warnings Regarding Cryptocurrencies; No Investment Advice or Mediation
The current value of a cryptocurrency depends on the respective amount of cryptocurrency offered and demanded on the market. The value of a cryptocurrency can particularly depend on whether and how many providers of goods or services accept the respective cryptocurrency as a means of payment. Thus, the value of a cryptocurrency, like the value of securities, derivatives, or other financial instruments in the financial markets, is subject to price fluctuations. Investing in cryptocurrencies is highly speculative and involves risks of loss up to total loss. Unlike money, the acceptance of cryptocurrencies as a means of payment is not guaranteed by a central bank or, like e-money, by a private issuer. Mondo Gate is not an issuer, publisher, or manufacturer of cryptocurrencies and is also not responsible for the product cryptocurrency.
The customer acknowledges the aforementioned risks and uses the Mondo Gate Online Media at their own risk. The customer acknowledges that Mondo Gate does not provide investment advice or mediation to the customer. The information provided by Mondo Gate on the Mondo Gate Online Media or otherwise does not constitute personal recommendations to the customer regarding transactions involving cryptocurrencies and does not rely on an assessment of the customer’s personal circumstances or is presented as suitable for them. Rather, it constitutes legally non-binding information or risk warnings, which Mondo Gate is legally obliged to provide.
§ 9 Registration
To register with Mondo Gate for using the Mondo Gate Online Media via the web application, the following steps are required:
KYC will be integrated by Tangany at a later stage within Mondo Gate, unless:
The user opts for an upgrade to an additional SEPA account, then they go through the process described here with the Full Bank and also receive the SEPA account within their account. The KYC information (only ID) will be transmitted to Tangany, thus completing the KYC process for cryptocurrencies as well.
1. The customer registers on the domain www.mondogate.com and follows the instructions for opening the account. Verification of the email address is required.
2. The account is then activated with Mondo Gate, and a crypto wallet is created with Tangany GmbH. Acceptance of Tangany GmbH’s General Terms and Conditions is required. Subsequently, receiving cryptocurrency is possible.
3. Sending cryptocurrency requires 2FA at Mondo Gate. This is provided via Google Auth. The maximum fiat value for sending cryptocurrency is €5,000.
4. If the customer opts for an upgrade to an additional SEPA account, they will go through the account opening process for the customer bank account with the Full Bank and provide the necessary data.
5. This data will then be verified by the Full Bank via BankIdent or VideoIdent.
6. After successful account opening, the customer gains access to the Mondo Gate Online Media.
7. The KYC information (only ID) will be forwarded to Tangany GmbH.
For registration through 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 opening the account. Verification of the email address is required.
3. The account is then activated with Mondo Gate, and a crypto wallet is created with Tangany GmbH. Acceptance of Tangany GmbH’s General Terms and Conditions is required. Subsequently, receiving cryptocurrency is possible.
4. Sending cryptocurrency requires 2FA at Mondo Gate. This is provided via Google Auth. The maximum fiat value for sending cryptocurrency is €5,000.
5. If the customer opts for an upgrade to an additional SEPA account, they will go through the account opening process for the customer bank account with the Full Bank and provide the necessary data.
6. This data will then be verified by the Full Bank via BankIdent or VideoIdent.
7. After successful account opening, the customer gains access to the Mondo Gate Online Media.
By following the link from the confirmation email sent to the customer, the customer confirms the identity of their email address. By confirming their registration, the customer accepts these General Terms and Conditions. The customer is obliged to use an email address for registration that only they personally have access to.
§ 10 Authentication
Customers must prove their identity when opening a customer bank account with the full bank according to their requirements.
§ 11 Services of Mondo Gate
Mondo Gate AG provides access to the following services through Tangany GmbH:
• Wallets including the custody of cryptocurrencies
• Sending and receiving cryptocurrencies
• Buying and selling cryptocurrencies
The execution of the aforementioned services by Tangany GmbH is subject to the respective terms and conditions of Tangany GmbH.
Mondo Gate employs various security measures to protect customers’ cryptocurrencies from loss (e.g., from theft by hackers). Mondo Gate explicitly points out to customers that neither Mondo Gate nor the full bank, Tangany, or anyone else knows or can restore the private keys of customers’ wallets. If the customer loses both their private key and their password, they will no longer be able to access their wallet and thus also not their stored cryptocurrencies.
Mondo Gate reserves the right to modify, discontinue, or supplement the services offered. Mondo Gate particularly reserves the right to temporarily or permanently discontinue the buying or selling of cryptocurrencies in the web application or mobile application.
§ 12 Other Prices and Costs, Price and Service Directory
The amount of all fees, charges, and expenses can be found on the current website at www.mondogate.com. Changes to the price and service directory are possible in accordance with § 3 of these General Terms and Conditions. Unless otherwise agreed, payment of commissions, fees, charges, and expenses is made by direct debit. In the case of payment by direct debit, the customer gives Mondo Gate a direct debit authorization to collect the amount from the customer’s bank account. The customer thus authorizes Mondo Gate to use this SEPA direct debit mandate, to collect the direct debit payment from the customer’s bank account, and instructs the full bank to honor this direct debit. The customer can revoke such a direct debit up to 8 weeks after the debit date. Mondo Gate will inform the customer together with the payment confirmation about the amount of the direct debit and the timeframe in which the direct debit will be collected. In the case of a returned direct debit not initiated by the customer, the customer authorizes Mondo Gate to execute a direct debit again at a later date, provided that the customer has not already settled the outstanding amount in another way. Before re-presenting the direct debit, Mondo Gate will not separately notify again about the amount and timeframe.
§ 13 Data Protection
The current privacy policy can be viewed at www.mondogate.com/datenschutz.
§ 14 Liability of Mondo Gate
Mondo Gate strives to enable continuous access to Mondo Gate’s online media but cannot guarantee permanent availability. This particularly affects cases of attacks on the network infrastructure, such as so-called DDoS attacks, which can occur in varying intensities. The content provided on Mondo Gate’s online media does not claim to be complete, accurate, or up-to-date. The use of the content is at the user’s own risk.
Mondo Gate is not liable for damages incurred by a customer through the use of the services offered by Mondo Gate or the content published there. This disclaimer of liability does not apply in cases of intentional or grossly negligent misconduct by Mondo Gate or its vicarious agents. The disclaimer also does not apply to damages arising from the injury to life, body, or health resulting from a breach of duty by Mondo Gate or its vicarious agents. Furthermore, Mondo Gate’s liability remains unaffected for breaches of duties whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer regularly relies.
§ 15 Termination Rights
Both parties can terminate the business relationship with the customer with a notice period of one month to the end of the quarter.
The termination can be declared in the web application or in text form to Mondo Gate. Mondo Gate also acts as an agent for receiving termination declarations of the customer directed to Tangany GmbH and the full bank. The statutory termination rights of the customer remain unaffected.
Mondo Gate may terminate the business relationship without notice if there is an important reason that makes the continuation of the business relationship unreasonable for Mondo Gate, even considering the legitimate interests of the customer. An important reason particularly exists in the event of repeated violations of these General Terms and Conditions. An important reason may also already be present in the case of a one-time serious violation of the terms, such as deception or attempted deception of Tangany GmbH, the full bank, or Mondo Gate by intentionally false statements made by a customer. An important reason also exists if a customer revokes the consent given to Mondo Gate for data collection or data usage, as Mondo Gate can no longer provide the offered service without storing and using the customer’s data. Termination occurs via email in text form to the email address provided by the customer.
§ 16 Reciprocal Effect and Processing of Termination
With the effectiveness of the termination of the contract for the Mondo Gate services, the contract with Tangany GmbH and the contract with the full bank are also considered effectively terminated. The processing takes place according to the guidelines of the full bank and the wallet provider Tangany GmbH.
§ 17 Applicable Law
German law applies to the contractual relationships between the customer and Mondo Gate, excluding the UN Sales Convention.
Help and Complaints
It is Mondo Gate’s goal to offer products and services that meet the needs of each customer. If there are still questions or if a complaint needs to be filed with Mondo Gate, it is the aim to process this promptly and transparently and to resolve the matter. Each customer can contact Mondo Gate via email: help@mondogate.com with a question or complaint.
End of the General Terms and Conditions