Terms & Conditions

1. Definitions of Terms

1. Contract. Contract means a contract for the provision of services of a virtual platform for trading virtual assets, which are not real and has no value or whatsoever and are used only for educational purposes of the User. The Contract is concluded between the Parties. In no event shall the User be entitled to any payment of money or similar funds of any value under the Contract.
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2. Operator. Operator means https://orangito.com and https://app.orangito.com.
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3. Visitor. Visitor means any person visiting the Website.
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4. Personal Data. Personal data mean information about any identified or identifiable person, whose identity may be established directly or indirectly through a specific identifier such as a name, identification number, location data, network identifier or one or more special elements of the physical, physiological, genetic, mental, economic, cultural or social identity of the individual.
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5. Parties. Parties mean Operator and User, and Party means either Operator or User.
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6. User. User means any corporate Visitor or an individual Visitor that has attained the age of 18 years and has full legal capacity and that has registered and created User Account.
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7. User Account. The account of a registered User in the user interface of the Website. The creation of a User Account, as well as access to it and the rules of its use, are regulated below in the text of these Terms and Conditions.
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8. Terms and Conditions. Terms and Conditions mean these terms and conditions which define the rights and obligations Operator and the Visitor in relation to the use of the Website, as well as the rights and obligations of the Operator and the User in relation to platform for trading virtual assets operated through the Website interface.
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9. Website. Website means a websites administered and operated on the following domains https://orangito.com and https://app.orangito.com.

2. Fundamental Provisions

1. Applicability of the Terms and Conditions. These Terms and Conditions apply to all Visitors and Users. Before the use of the Website, all Visitors must become acquainted with and comply with the Terms and Conditions.
2. 1. Visitor’s Primary Obligations. The Visitor agrees not to interfere, without the Operator’s consent, in any way with the or content of the Website. Any decision to modify, remove or amend any part of the Website is solely at the discretion of the Operator. In addition, Visitors shall refrain from:
   1. any activities unreasonably exploiting the Website;
   2. testing, investigation or other activities with the aim to identify or abuse any vulnerabilities or errors of the Website or any other software;
   3. any acts that may result in the disclosure of Personal Data of other Visitors;
   4. any acts that are in violation of legislation or good morals.
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3. Binding Effect of the Terms and Conditions. The Terms and Conditions are binding on all Visitors and Users. The Terms and Conditions govern all mutual rights and obligations of the Parties arising from the operation and use of the Website.
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4. Incorporation and Precedence. The Terms and Conditions are incorporated by reference into any executed Contract and become effective for the Parties upon execution of the Contract. If the Parties expressly and in writing agree on a provision in the Contract that derogates from the Terms and Conditions, the Contract will prevail over the Terms and Conditions.
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5. Nature of the Website. The Website is merely a tool and an interface for easy-to-use and user-friendly display and interaction with the virtual representation of the possibilities in trading with the financial and other instruments and is used exclusively for educational purposes. In no event shall any financial or similar services or regulated services or services for which the provider of such services respectively Operator should have any license or permit be provided through the Website.

3. User Account

1. Creating a User Account. The User Account is created by registering the User Account on the Website using the Visitor email address and creating password. The User is obliged to provide all information correctly and truthfully during registration and when registering, respectively when concluding the Contract and to update such information without undue delay upon any change. The creation of a User Account shall constitute the conclusion of the Contract.
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2. Login to the User Account. Upon creation in accordance with the procedure set out above, the User Account shall be accessed by the User. Further logging into the User Account is done in the same way as when the User Account was created, i.e. using the User's email address and password. The User is obliged to maintain the confidentiality of the information necessary to access his User Account. The User is not entitled to allow others to use his User Account.
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3. User Account. Through the User Account, the User has access to the interface for virtual trading of virtual financial and other assets and other information related to the provision of services under the Contract and is further entitled to manage his/her Personal Data, in particular name, surname, email address, telephone number or addresses. The Operator is entitled to use the Personal Data provided by the User in the performance of the Contract, as well as for related communications with the User and for marketing purposes.
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4. Cancellation of the User Account. The Operator is entitled to cancel the User Account in justified cases, in particular if the User has seriously breached its obligations under the Contract or has not used its User Account for more than 1 (one) year.
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5. Availability. The User acknowledges that the User Account, as well as the Website, may not be available around the clock. Operator shall not be liable for any outages caused by circumstances beyond its control or due to maintenance of the Website.

4. The Nature of the Virtual Platform for Trading Virtual Assets Available Through the User Account

1. Nature of the platform. The User acknowledges that the virtual platform for virtual trading in virtual financial and other instruments available on the Website through the User Account is not a tool for trading in real financial and other assets. All assets listed herein and any transactions that may be conducted with them on the platform are virtual only and do not actually occur. It is only a tool for educational purposes of the Users.
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2. There is no entitlement to any financial or similar consideration. The User acknowledges that in no event shall he/she be entitled to any financial or similar consideration whatsoever when using the Platform or as a result of transactions made by him/her through the Platform, as all transactions are virtual only and do not actually occur.

5. License to the Website

1. Rights to the Website Reserved. The Operator holds all rights to the Website including, without limitation, any copyright of the content including the layout, texts, photos, videos graphical features, trademarks, logos as well as other content and features. Without the Operator’s consent, the Website or a part thereof cannot be copied, altered or otherwise used contrary to its purpose.
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2. License. The User acquires a non-exclusive non-transferable right to use the Website, which amounts to a copyrighted work protected under respective copyright law. The User may not grant sublicenses or assign the right.
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3. Non-interference. The Operator is not liable for any errors caused by third-party interference with the Website or as a result of using the Website contrary to its purpose. When using the Website, the Visitor shall refrain from any procedures that may compromise the site traffic. The Visitor is not entitled to gain access to any source code of any software related to the operation of the Website, and may not perform any activities with view of gaining access to the source code including decompilation and reverse engineering. The Visitor may not whatsoever interfere with or process the Website or the related content, merge the Website with other works or modify it otherwise.

6. Liability of the Operator and the Visitor

1. Disclaimer of Operator’s Liability. The Operator is not liable to the Visitor for any damage or personal injury other than injury caused intentionally, by gross negligence or injury caused to an individual’s natural rights. If the applicable legislation does not make it possible to disclaim liability by contract, but the liability can be limited, Article 10.2 hereof will apply.
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2. Limitation of Operator’s Liability. Under no circumstances is the Operator obliged to compensate the Visitor for any damage corresponding to loss of earnings, personal injury, or any property damage or personal injury incurred by a third party. If the Operator is obliged to compensate the Visitor for any damage or personal injury, the total compensation will not exceed the sum of all amounts paid by the Visitor to the Operator in relation to the operation of the Website hereunder.
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3. Force Majeure. The Operator does not bear the risk of any damage or injury caused by force majeure at the time of use of the Website by the User. Without limiting the generality of the foregoing, the Operator is not liable for any power outages or Internet downtime beyond the control of the Operator.
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4. Erroneous Procedure of the User. The Operator is not liable for any damage suffered as a result of erroneous procedure employed by the User when using the Website.
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5. Website Operation. The Operator may, at any time and without prior notice, limit, suspend, or terminate the operation of the Website and of the related systems due to technical or other operational reasons including, without limitation, maintenance or modifications of the Website. The Website and any systems related to the Website may be temporarily unavailable as a result of unscheduled outages caused by faults, breakdowns or other events. The Operator is not liable to the Visitor or any other person for any damage incurred in relation to the limitation, suspension or termination of the Website operation or of the related systems.

7. Privacy Protection

1. Personal Data. For the Website to work properly, it is necessary for the Operator to collect and process certain Personal Data of the Visitors. The Operator agrees to use the Visitors’ Personal Data strictly in compliance with applicable legislation.
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2. Privacy Policy. Further details about the Personal Data processed by the Operator and the ways of their use are specified in the Privacy Policy available in the respective section of the Website.

8. Dispute Resolution

1. Amicable Settlement. The Parties declare that any disputes arising from or in connection with this Agreement will be preferably settled amicably through personal negotiations of the Parties. To this effect, Visitors should approach first the Operator by sending an e-mail to compliance@orangito.com. Only if an amicable settlement cannot be reasonably expected, the dispute will be resolved by the competent public authority.

9. Modifications of the Terms and Conditions

1. Right to Modify. The Operator may, at its discretion, modify or amend the Terms and Conditions, or strike out any parts thereof. The Operator may, at any time, modify or amend the Terms and Conditions accordingly.
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2. Notice of Modifications. The Operator reserves the right to amend or modify these Terms and Conditions at any time. The Operator undertakes to notify the price change no later than 1 (one) month in advance by e-mail. The User is entitled to reject the change of the Terms and Conditions at the latest on the day preceding the effective date of the change, which will terminate the Contract on the date of rejection of the change of the Terms and Conditions. The rights and obligations arising during the effective period of the previous version of the GTC shall not be affected.

10. Communication

1. Electronic Form. All notices and communication under the Terms and Conditions or any other terms will have an electronic form, and the Operator’s e-mail address on the Website will be used to the effect.
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2. Identity Verification. The Operator may request that the Visitor establish his or her identity in relation to the communication with the Visitor or any legal act of the Visitor vis-à-vis the Operator. Legal acts of the Visitor are effective vis-à-vis the Operator only after the Visitor’s identity has been verified.

11. Final Provisions

1. No Set-off. The User may not set off any of its claims against the Operator, nor may the User set off any claims against the Operator assigned by a third party.
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2. Assignment. The User may not assign any claims arising from or in connection with these Terms and Conditions without express written consent of the Operator depending on which of them is obligated under the relevant claim. The Operator may assign all its rights to the Website provided that the Operator reasonably believes that such an assignment will not have a material adverse impact on the Visitor’s rights and provided that such an assignment complies with legal and regulatory requirements. The Visitor grants prior consent to such a procedure.
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3. Severability. If any of the provisions hereof becomes or is found to be invalid, unenforceable or ineffective, this will be without prejudice to the validity, enforceability and effectiveness of the remaining provisions hereof. The Operator will respond thereto by modifying the Terms and Conditions accordingly.
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4. Effect. The Terms and Conditions come into effect on 26. 3. 2024.