Allgemeine Geschäftsbedingungen

Provider: CryptaCount, Inc., 131 Continental Dr, Suite 305, Newark DE 19713, USA (File Number 10054523 (Delaware Division of Corporations)) (“CryptaCount”).

Professional services, if contracted, are governed by a separate services agreement; current SaaS terms do not govern them.

1. Scope & Acceptance

1.1. These Terms of Service (“Terms”) govern your access to and use of the CryptaCount platform, including the websites at cryptacount.com, app.cryptacount.com, and all related services, APIs, and documentation (collectively, the “Service”).

1.2. By creating an account or using the Service, you agree to be bound by these Terms. If you use the Service on behalf of an organisation, you represent that you have authority to bind that organisation.

1.3. If you do not agree, you must not use the Service.

2. Nature of the Service — Software, Not Advice

2.1. CryptaCount is a software tool. The Service is a cloud-based software-as-a-service (SaaS) platform that performs automated calculations on blockchain and exchange data based on parameters you select. CryptaCount is not an accounting firm, tax adviser, auditor, financial adviser, or any other type of professional service provider.

2.2. CryptaCount does not provide advice. No output of the Service — including computed tax figures, transaction classifications, cost basis calculations, journal entries, or generated reports — constitutes accounting advice, tax advice, legal advice, financial advice, or any form of professional recommendation. All outputs are computational results based on your selections and publicly available data.

2.3. You make all decisions. You are solely responsible for:

• Selecting your tax jurisdiction and applicable tax regime;
• Choosing the accounting or cost basis method (e.g., FIFO, LIFO, HIFO, WAVG);
• Selecting the reporting currency and exchange rate source;
• Reviewing, verifying, and — where necessary — overriding all automatic transaction classifications;
• Determining the accuracy and completeness of all data inputs;
• Filing your own tax returns or engaging your own qualified professional advisers to do so;
• All accounting judgements and tax positions taken using the outputs.

2.4. Consult a professional. You should consult a qualified accountant, tax adviser, or legal professional regarding your specific circumstances before relying on any output of the Service for compliance, filing, or reporting purposes.

2.5. No custody or transactions. CryptaCount does not hold, custody, or control any crypto assets or private keys. CryptaCount does not initiate, execute, facilitate, or intermediate any blockchain transaction, exchange, transfer, or trade. Exchange integrations use read-only API keys with no trading or withdrawal permissions.

3. Account Registration

3.1. You must provide accurate and complete information when creating an account and keep it up to date.

3.2. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

3.3. You must notify us immediately at support@cryptacount.com if you become aware of any unauthorised use of your account.

3.4. You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service.

3.5. Business customers only. The Service is offered only to businesses and professionals acting in the course of their trade, business or profession, such as accounting firms, auditors, tax advisers and companies. It is not offered to consumers. By applying for an account you confirm that you are acting in a professional capacity and, where you apply on behalf of an organisation, that you are authorised to do so.

3.6. Verification of applications. We may verify the information you provide when applying for an account, including your email domain, your company details and your company registration or VAT number, and we may ask you for further information for that purpose.

3.7. Approval at our discretion. An account is activated only after we have reviewed and approved the application manually. We may refuse any application at our discretion, and we may revoke an approval if the information given in the application proves to be inaccurate or incomplete. We are not required to give reasons for refusing an application.

4. Subscriptions & Payments

4.1. Access to certain features requires a paid subscription. Prices, features, and billing cycles are described on our pricing page.

4.2. Subscriptions renew automatically at the end of each billing cycle unless cancelled before the renewal date.

4.3. All fees are stated exclusive of applicable taxes. Sales tax may apply depending on your jurisdiction.

4.4. Payments are processed by our third-party payment processor. We do not store your payment card details. Bank transfer is also available for annual plans.

5. Your Data & Integrations

5.1. Your data is yours. You retain all rights to the data you provide to or generate through the Service (“Your Data”), including wallet addresses, transaction data, classifications, and generated reports.

5.2. You grant CryptaCount a limited, non-exclusive, non-transferable licence to process Your Data solely for the purpose of providing the Service to you.

5.3. Read-only integrations. When you connect exchange accounts or wallets, CryptaCount accesses data through read-only API keys or public blockchain data. CryptaCount cannot and does not perform any trading, withdrawal, deposit, or other write operation on your external accounts.

5.4. If you are a professional user (B2B), you are responsible for ensuring that you have the right to provide data relating to your clients, including any necessary consents or data processing agreements.

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law;
• Reverse-engineer, decompile, or disassemble the Service or its underlying algorithms;
• Use the Service to process data on behalf of third parties without a valid B2B subscription;
• Share your account credentials or allow unauthorised access to your account;
• Interfere with or disrupt the Service or its infrastructure;
• Use automated means (bots, scrapers) to access the Service except via provided APIs;
• Resell, sublicense, or redistribute the Service without our prior written consent;
• Remove, alter, or obscure any proprietary notice, copyright, or trademark of CryptaCount.

7. Intellectual Property

7.1. CryptaCount and its licensors own all rights in the Service, including software, algorithms, user interface, documentation, and trademarks. Nothing in these Terms transfers any ownership to you.

7.2. Your Data remains your property. CryptaCount claims no ownership over data you input or reports you generate.

7.3. Any feedback, suggestions, or ideas you provide to CryptaCount may be used by us without obligation to you.

8. Disclaimers & Limitation of Liability

8.1. As-is basis. The Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement.

8.2. No guarantee of accuracy. While CryptaCount strives for accuracy, we do not guarantee that the outputs of the Service — including calculated tax figures, cost basis, gains/losses, or transaction classifications — are correct, complete, or suitable for any specific regulatory or tax filing purpose. Blockchain data, exchange data, and market prices sourced from third parties may contain errors or omissions beyond our control.

8.3. Not a substitute for professional advice. You acknowledge that the Service is a computational tool and that you should verify all outputs with a qualified professional before relying on them for any tax filing, audit, or regulatory compliance purpose.

8.4. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CryptaCount’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO CryptaCount IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

8.5. IN NO EVENT SHALL CryptaCount BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST TAX SAVINGS, PENALTIES IMPOSED BY TAX AUTHORITIES, COSTS OF CORRECTIVE FILINGS, OR LOSS OF DATA, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Indemnification

You agree to indemnify, defend, and hold harmless CryptaCount, Inc., its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Service; (b) your violation of these Terms; (c) your reliance on any output of the Service for tax filing, regulatory compliance, or other purposes without independent professional verification; or (d) your violation of any applicable law or third-party rights.

10. Term & Termination

10.1. These Terms remain in effect while you maintain an account or use the Service.

10.2. You may close your account at any time via the account settings or by contacting support@cryptacount.com. Closure does not entitle you to a refund of fees for the current billing cycle.

10.3. We may suspend or terminate your access if you breach these Terms, fail to pay applicable fees, or if continued provision of the Service becomes impractical or unlawful.

10.4. Upon termination, you may export Your Data for 30 days. After that period, we may delete Your Data in accordance with our Privacy Policy.

11. Modifications to These Terms

11.1. We may update these Terms from time to time. Material changes will be notified at least 30 days in advance by email or in-app notification.

11.2. Continued use of the Service after the effective date of a modification constitutes your acceptance of the updated Terms. If you do not agree, you must stop using the Service and close your account.

12. Governing Law & Disputes

12.1. These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict-of-law principles.

12.2. Any dispute arising out of or in connection with these Terms shall be resolved exclusively in the state and federal courts located in the State of Delaware, and you consent to the personal jurisdiction of such courts.

12.3. ARBITRATION AGREEMENT. In the event of a dispute that cannot be resolved informally, you and CryptaCount agree to resolve it through binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, except as modified by these Terms. Before initiating arbitration, you must send a Notice of Dispute to support@cryptacount.com describing the claim and relief sought. The arbitration will be conducted in English in the State of Delaware.

12.4. CLASS ACTION WAIVER. YOU AND CryptaCount AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

13. General Provisions

13.1. Severability. If any provision is found invalid or unenforceable, the remaining provisions continue in full force and effect.

13.2. Entire Agreement. These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and CryptaCount, Inc. regarding the Service.

13.3. No Waiver. Failure to enforce any provision is not a waiver of that provision.

13.4. Assignment. You may not assign your rights under these Terms without our prior written consent. CryptaCount may assign its rights in connection with a merger, acquisition, or sale of substantially all assets.

13.5. Force Majeure. CryptaCount shall not be liable for delays or failures resulting from events beyond our reasonable control, including natural disasters, war, pandemic, government actions, or failures of third-party services (blockchain networks, data providers, cloud infrastructure).

14. Contact

CryptaCount, Inc.
131 Continental Dr, Suite 305, Newark DE 19713, USA
File Number 10054523 (Delaware Division of Corporations)
Email: support@cryptacount.com
Phone: +1 (585) 438-0162