Mondo Gate AG
Allgemeine Geschäftsbedingungen
01.12.2022
§ 1 Geltungsbereich
Diese Allgemeinen Geschäftsbedingungen („Allgemeine Geschäftsbedingungen“) gelten für die gesamte Geschäftsverbindung zwischen der Kundin/dem Kunden und der Mondo Gate AG („Mondo Gate“) als Betreiber der Web Applikation www.mondogate.com (die „Web Applikation“) und der Mondo Gate Mobile Applikation (die „Mobile Applikation“), die Web Applikation und die Mobile Applikation werden zusammen auch als die „Mondo Gate-Onlinemedien“ und einzeln als „Mondo Gate-Onlinemedium“ bezeichnet), sofern nicht ausdrücklich etwas anderes vereinbart ist.
Der Geltungsbereich umfasst sowohl die Tätigkeit der Mondo Gate AG als Auslagerungsunternehmen für die geplante Auslagerung auf eine Bank in Bezug auf Kundengewinnung (Akquisition), Frontend (Abbildung der Dienstleistungen) sowie Marketing (eigenes Branding und Markenauftritt) („Auslagerungsleistung“) und für die Tangany GmbH als auch die Dienstleistungen.
Für das Vertragsverhältnis der Kundin/des Kunden mit der Tangany GmbH gelten ergänzend die gesondert abzuschließenden Allgemeinen Geschäftsbedingungen der Tangany GmbH und deren sonstige Verträge. Die weiteren Allgemeinen Geschäftsbedingungen der geplanten Auslagerung für eine Bank als CRR Kreditinstitut („Vollbank“) gelten mit Abschluss des entsprechenden Vertrages mit der Vollbank.
Vertragspartner dieses Vertrages sind ausschließlich die Kundin/der Kunde und Mondo Gate. Für die Aufbewahrung der Private Keys der Kryptowährungen der Kundin/des Kunden in einer Wallet (das „Kund:innen Wallet“) schließt die Kundin/der Kunde einen separaten Vertrag. Vertragspartner dieses Vertrages sind ausschließlich die Kundin/der Kunde und Tangany GmbH („Tangany“). Für das Rechtsverhältnis zwischen dem Anleger und Tangany gelten ausschließlich die jeweiligen Vertragsbedingungen, insbesondere die Allgemeinen Geschäftsbedingungen von Tangany („Tangany Terms of Use“).
Inhaltlich alleiniger Verantwortlicher für den Betrieb der Mondo Gate-Onlinemedien sowie aller hierauf vorgehaltener Inhalt ist ausschließlich und alleine Mondo Gate.
§ 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.
Changes communicated to the customer in accordance with paragraph 1 will be deemed accepted unless the customer objects in text form within the specified timeframe. Mondo Gate will specifically inform the customer of this consequence when announcing the changes.
If the customer does not agree to a proposed change, they must notify Mondo Gate in text form within six weeks of receiving the email notification. If no objection is received within this period, the changes will be considered accepted by the customer.
§ 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.
Once an account has been set up with Mondo Gate, all communication between Mondo Gate and the customer related to the services listed in § 4 will take place exclusively in electronic form—either through a mailbox within Mondo Gate’s online media or via email—unless otherwise explicitly stated in these General Terms and Conditions. No paper copies of communications will be sent unless legally required. Therefore, Mondo Gate is not liable for any damages resulting from this.
§ 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.
The customer can secure certain transactions using their mobile phone by generating one-time passwords with special apps such as Google Authenticator. Mondo Gate strongly recommends that customers activate two-factor authentication for additional account protection.
Customers are responsible for keeping their personal username and password combination secure. They must take all reasonable precautions to ensure that unauthorized individuals cannot gain access to this information. In particular, the customer must not store their login details together with other Mondo Gate-related documents or record them electronically or in any other form. Passwords and usernames must be chosen carefully so they cannot be easily guessed by third parties.
A customer who is logged into the web application using their username and password must not leave the computer unattended. If the customer violates these behavioral guidelines, they will be held liable for any resulting risks and damages.
If the customer has installed the mobile application on their mobile device, they are required to secure the device with a code.
If the customer becomes aware that their login credentials have been accessed by unauthorized persons or that their Mondo Gate account has been misused, they must immediately notify Mondo Gate and, if possible, change their login credentials via the Mondo Gate online platform. If this is not possible, Mondo Gate will block the customer’s access to their account during business hours upon receipt and verification of the identity of the customer.
Mondo Gate may block a customer’s account at any time if unauthorized use is detected. In such cases, Mondo Gate will inform the customer of the necessary steps to verify their rightful ownership of the account in order to lift the block. If there are signs of unauthorized access, Mondo Gate also has the right to block the cryptocurrencies held in the customer’s wallet, preventing any outflows.
The customer may only use content published on the web application with prior written permission from Mondo Gate.
§ 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.
Unlike fiat currencies, the acceptance of cryptocurrencies is not guaranteed by a government central bank or, in the case of e-money, by a private issuer. Mondo Gate is not an issuer, publisher, or creator of cryptocurrencies and does not bear any responsibility for them.
The customer acknowledges these risks and uses Mondo Gate's online media at their own risk. The customer further acknowledges that Mondo Gate does not provide any investment advice or brokerage services. Any information made available by Mondo Gate via its online platforms or through other channels does not constitute a personal recommendation related to cryptocurrency transactions, nor is it based on an assessment of the customer's personal circumstances or presented as suitable for them. Such information is legally non-binding or consists of risk disclosures that Mondo Gate is required to provide by law.
§ 9 Registration
To register for the use of Mondo Gate online media via the web application, the customer must follow these steps:
KYC will be integrated later via Tangany within Mondo Gate, except:
If the user chooses to upgrade their account to include an additional SEPA account, they will go through the process described here with the full-service bank and will also receive the SEPA account within their user account. The KYC information (ID only) will be transmitted to Tangany, thus completing the KYC process for crypto as well.
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
The execution of these services by Tangany GmbH is governed by their applicable terms and conditions.
Mondo Gate uses various security measures to protect customer cryptocurrencies from loss (e.g., theft by hackers). Mondo Gate explicitly advises customers that neither Mondo Gate, the full-service bank, Tangany, nor any other party knows or can recover the private keys to the customer's wallet. If the customer loses both their private key and password, they will no longer be able to access their wallet or the cryptocurrencies stored within it.
Mondo Gate reserves the right to modify, discontinue, or add to the services offered. In particular, Mondo Gate may temporarily or permanently suspend the purchase or sale of cryptocurrencies via the web or mobile application.
§ 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.
Unless otherwise agreed, payments are made via direct debit. When paying by direct debit, the customer grants Mondo Gate authorization to collect the amount from the customer's bank account. The customer authorizes Mondo Gate to use this SEPA direct debit mandate and instructs the full-service bank to honor the direct debit. The customer may revoke such a direct debit within 8 weeks from the debit date.
Mondo Gate will inform the customer, together with the payment confirmation, about the amount of the debit and the timeframe within which it will be collected. In the event of a returned direct debit not initiated by the customer, the customer authorizes Mondo Gate to retry the debit at a later date, provided the outstanding amount has not already been settled otherwise. Mondo Gate will not notify the customer again separately of the amount and timeframe before retrying the debit.
§ 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.
The content provided on Mondo Gate’s online media is not guaranteed to be complete, accurate, or up-to-date. Use of such content is at the user’s own risk.
Mondo Gate is not liable for damages incurred by the customer through the use of its services or content unless caused by intent or gross negligence by Mondo Gate or its agents. This exclusion of liability does not apply to damages resulting from injury to life, body, or health caused by a breach of duty by Mondo Gate or its agents.
Also unaffected is liability for breach of essential contractual obligations (cardinal duties), which are necessary for fulfilling the contract and on which the customer regularly relies.
§ 15 Termination Rights
Both parties may terminate the business relationship with one month’s notice to the end of a calendar quarter.
Termination can be made via the web application or in text form. Mondo Gate also acts as a receiving agent for Tangany GmbH and the full-service bank regarding the customer’s termination notices to those parties. Statutory termination rights of the customer remain unaffected.
Mondo Gate may terminate the business relationship without notice if there is good cause, particularly repeated or severe violations of these General Terms and Conditions, or if the customer withdraws consent for data collection/use, as the service cannot be provided without it.
Termination is made by email in text form to the customer’s provided address.
§ 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.
Customers can send questions or complaints via email to: help@mondogate.com.
End of General Terms and Conditions
