Terms and conditions

These terms are the contract between you and PITIKLINI SOLUTION SL ("Pitiklini") for using your account, the Pitiklini website and the Pitiklini app. Read them before you open your account. You can save or print them from this page, and all their versions are published at the bottom of it.

The essentials

This summary does not replace the terms, but it helps you find what matters:

• Who is who. Pitiklini provides the technology (the website and the app), manages your account, hosts and moderates the P2P ads, and supports users. The crypto-asset services, such as holding your money and your crypto, are provided to you by the service provider, under its own terms.
• Risk. Crypto-assets are high risk: their price can fall and you could lose all the money you invest. They are not covered by any guarantee scheme. Read the risk warning.
• Fees. The fees that apply are under Fees, with their date.
• P2P. In P2P you buy from and sell to other people, and you make the euro payment directly to the other person, outside the platform.
• You can leave whenever you want. You can withdraw within 14 days of signing up and close your account at any time, free of charge.
• Complaints. Write to us at soporte@pitiklini.com. Complaints about the crypto-asset services are resolved by the provider, and the complaints page explains how.

1. Who is who

• Pitiklini is PITIKLINI SOLUTION SL, tax ID B19842756, registered address Calle La Alhondiga, 23, en Los Realejos (Tenerife), registered with Registro Mercantil de Santa Cruz de Tenerife, hoja TF-72740, inscripción 1.ª. Email: soporte@pitiklini.com. Its full details are in the Legal notice.
• The service provider is DEPASIFY S.L., NIF B67823831, calle Álvaro de Bazán 10, 46010 Valencia: custodia, verificación de identidad, pagos y transferencias en euros. Its authorisation and where to check it are in the Legal notice.
• You are the person who opens the account.

Pitiklini is not a crypto-asset service provider: it does not hold your money or your crypto and it does not provide you with any crypto-asset service. What each party does is set out in section 6.

2. What makes up the contract

Your contract with Pitiklini is made up of these terms and the documents they refer to:

• the Privacy policy, which tells you how we process your data (you do not have to accept it: it is information);
• the Fees table;
• the risk warning;
• the Accessibility statement, which explains how the service works and how accessible it is (Spanish Law 11/2023, Article 13(2)).

The crypto-asset services are also governed by the service provider's terms, which are presented to you before you use them. If one of its terms and one of these contradict each other about a service of the provider, its term prevails as regards that service.

3. How the contract is made

1. In the app, you enter your email and a password and accept these terms by ticking the box, which is never ticked in advance.
2. We send a code to your email to confirm it. With it, your account is open and the contract is made.
3. To use the crypto-asset services, you verify your identity with the service provider, on its screen.

Before you submit your sign-up you can review and correct what you type; afterwards, you can change it in your profile or ask us to correct it. You can contract in Spanish or in English. All versions of these terms are published on this page with their date, so you can always check the one you accepted.

4. Who can use Pitiklini

• You must be 18 or over and able to enter into contracts.
• The account is personal: you can only have one, in your name, and only you can use it. You cannot open it for someone else or let someone else use it.
• For the crypto-asset services you must pass the provider's identity verification. The provider decides in which countries and to whom it provides its services, in line with anti-money laundering law.
• The information you give us must be true and up to date.

5. Your account and its security

What we do: we protect your account with a password and with two-step verification, which is required to withdraw; we also ask for a code sent by email for each withdrawal; we alert you when someone logs in from a new device and when something important about your security changes; we close open sessions if you change or reset your password; we lock the account for a while after several failed attempts; and, after a security change, we hold withdrawals for a while, to protect you if it was not you. We explain it under Security.

What is up to you: using a password you do not use anywhere else and keeping it secret; turning on two-step verification and the anti-phishing code, which appears in our emails so you can recognise them; never sharing your codes; and protecting your email and your device.

If you think someone has got into your account, change your password and write to us straight away at soporte@pitiklini.com. Remember that we will never ask for your password or your codes.

6. The services and who provides each one

Some products are shown on the website as "Coming soon": they are not available and are not part of these terms until a new version includes them.

7. Orders, prices and execution

• Order types on the spot market:
  • limit: you set the price and the order waits for another one to match it; it only executes at your price or a better one, and it may never execute;
  • market: it executes immediately against the best orders available, at a price that may be worse than the last one you saw;
  • stop-limit: when the price reaches the one you set, a limit order is placed at your price; if the price moves fast, it may not execute or may execute only in part.
• When an order is final: as soon as you confirm it in the app. While it has not been executed, you can cancel the pending part.
• Before you confirm you see the amount and the fee that applies. The fee is the one under Fees at that time.
• An executed trade cannot be undone. If it was caused by an obvious technical error on our side, we will correct it and explain it to you.
• Prices on the website are indicative, and those labelled "Test prices" are not prices you can trade at.

8. P2P

In P2P you buy crypto from and sell it to other users, who post ads with their price, their limits, their payment methods and the time allowed to pay.

• Pitiklini is not a party to the sale. We host the ads and the chat, set the crypto aside while the trade lasts and resolve disputes. The buyer pays the seller in euros directly, outside the platform, using the ad's method.
• How a trade works:
  1. When it opens, the seller's crypto is set aside: nobody can use it until the trade ends.
  2. The buyer pays within the time allowed, into the payment account the trade shows, and marks it as paid.
  3. The seller checks that the money has arrived and releases the crypto, which goes to the buyer.
• If the time runs out without it being marked as paid, the trade is cancelled automatically and the crypto goes back to the seller. The buyer can cancel as long as it has not been released; the seller, only before it is marked as paid.
• Always pay from an account in your own name and only by the ad's method. Only mark as paid what you have really paid, and only release when you see the money in your account, not because of a receipt or a message.
• Disputes. If something is not right (you paid and the crypto is not released, or you are told it was paid and the money has not arrived), open a dispute from the trade: you can do so once it is marked as paid and a waiting time, shown in the trade, has passed. First, the two parties can try to sort it out between them; if not, Pitiklini's team reviews it with what you provide, may ask you for more information, and decides whether the crypto goes to the buyer or back to the seller. A person makes the decision, which we explain to both parties with the reasons and how to challenge it. While it lasts, the crypto stays set aside.
• P2P fee: the one shown under Fees when the trade opens.
• Responsibility: each person is responsible for what they do in their trades. We are responsible for running the P2P system, for setting aside and delivering the crypto properly and for resolving disputes diligently.

9. Rules of use and moderation

You must not use Pitiklini for:

• anything unlawful, such as fraud, money laundering, terrorist financing or evading international sanctions;
• manipulating prices or the market, for example with trades between your own accounts or arranged with others;
• posting unlawful, misleading or offensive content in ads or chat, content unrelated to the trade, or other people's personal data;
• asking for or making payments outside the ad's method or from other people's accounts;
• pretending to be someone else, Pitiklini or the provider;
• attacking or overloading the platform, or using it by automated means without our permission.

How we moderate. Ads and reports are reviewed by a person on our team; we do not remove content through automated decisions. Anyone, even without an account, can tell us about an ad they believe is unlawful or breaks these rules at Report an ad, and we will tell them what we decided.

What we can do if someone breaks these rules, depending on how serious it is: remove an ad or a message, limit some account features, suspend the account or close it. We will always tell you why, with the facts, the rule we rely on and how to challenge it (Digital Services Act, Article 17), unless the law prevents us.

If you disagree with a decision, reply to the email in which we told you about it or write to us at soporte@pitiklini.com within the following six months: we will review it and reply with our reasons. You can also go to court.

10. Fees and taxes

• The fees for each service, and since when they apply, are under Fees. Before you confirm each trade you see the fee that applies, and you are never charged anything you have not accepted.
• Withdrawing crypto has a fixed fee per coin. The network fee is paid by the platform: you receive exactly the amount you see when you confirm.
• The taxes you owe on your trades, such as income tax on your gains, are yours to declare and pay. Pitiklini does not give tax advice. The law may require the provider or Pitiklini to report your trades to the Spanish Tax Agency.

11. Risks

Trading crypto-assets is risky: their price can go up or down a lot in a short time, you could lose all the money you invest and you may not find a buyer when you want to sell. They are not covered by the Spanish Deposit Guarantee Fund or by any investor compensation scheme. Past performance says nothing about future results. Pitiklini does not advise you or recommend what to buy or sell. Read the risk warning before you trade.

12. Limiting, suspending or closing the account

You can close your account whenever you want, free of charge, from the app or by writing to us at soporte@pitiklini.com. Withdraw your balance first. If a balance remains, we will tell you how to recover it.

We can limit or suspend your account, or close it, when:

• you break these terms or the rules of use;
• there are signs of fraud, unauthorised access or unlawful use;
• a court or an authority asks us to, or the law requires it;
• the service provider stops providing its services to you, for example if you do not pass its identity verification.

We will tell you why, with the facts and how to challenge it, unless the law prevents us. If we want to end the contract without any of those reasons, we will give you two months' notice. When we close the account, we will give you a reasonable time to withdraw your balance.

13. Right of withdrawal

• You can withdraw from this contract within 14 calendar days of signing up, without giving reasons and free of charge. Write to us at soporte@pitiklini.com with the subject "I withdraw from the contract", or use the form at the end of this page. We will confirm we have received it.
• Trades cannot be withdrawn from. A purchase or sale of crypto cannot be undone, because its price depends on a market we do not control (Spanish General Law for the Protection of Consumers and Users, Article 103(b), and Law 22/2007, Article 10(2)(a)).
• What happens if you withdraw: we close your account and help you withdraw your balance. You can also ask the service provider to end its contract with you.
• After the 14 days, you can still close your account whenever you want, as explained in section 12.

14. Liability

• We are liable for damage we cause you by failing to meet our obligations.
• We are not liable for anything caused by events we could not foresee or that, if foreseen, could not be avoided (Spanish Civil Code, Article 1105), such as a general failure of the internet or of a blockchain network, or for the decisions you make when you trade.
• The service provider, which holds your crypto and your money, is responsible for holding them.
• We may stop the platform for maintenance or for security reasons. We give advance notice whenever we can, and under Status you can see whether something is not working.
• Nothing in these terms limits the rights the law gives you as a consumer.

15. Intellectual property

We allow you to use the website and the app for their intended purpose, personally and while you have your account. Everything else about the brand, the design and the code is in the Legal notice.

16. Changes to these terms

We may change these terms for these reasons: changes in the law or in what supervisors require; new, changed or withdrawn services; changes in the provider's services or terms; security reasons; or to explain something better.

• If the change is to your disadvantage, we will tell you two months in advance by email and in the app, with what changes and from when. If you do not agree, you can close your account free of charge before it takes effect.
• If it benefits you or is only a clarification, it may apply sooner.
• Each version is published on this page with its date and a summary of what changes.

17. Communications

We write to you at your account's email address and in the app, in the language you choose (Spanish or English). You write to us at soporte@pitiklini.com. Keep your email up to date: we use it for important notices.

18. Customer support and complaints

• For any question or complaint about Pitiklini, write to us at soporte@pitiklini.com or by post to Calle La Alhondiga, 23, en Los Realejos (Tenerife). We will give you a reference for your complaint and reply within 15 days at most (Spanish General Law for the Protection of Consumers and Users, Article 21).
• Complaints about the crypto-asset services are resolved by the service provider, within the time and following the procedure explained on the complaints page. If you send them to us, we pass them on. If you are not satisfied with its answer, you can go to the Spanish securities regulator (CNMV).
• About a moderation decision, as explained in section 9.

19. Personal data

How we process your data is in the Privacy policy, and what the website stores in your browser, in the Cookie policy.

20. Governing law and courts

These terms are governed by Spanish law. If you are a consumer, the rules that protect you in the European Union country where you live also apply (Regulation (EC) 593/2008, Rome I, Article 6(2)), and you can bring a claim before the courts where you live (Regulation (EU) 1215/2012, Article 18; in Spain, General Law for the Protection of Consumers and Users, Article 90(2)).

21. Other provisions

• If a court strikes out a clause, the rest remains valid.
• You cannot transfer this contract to anyone else. We may transfer it to another company that continues the service, telling you in advance and without you losing any of your rights.
• If we do not enforce something at one point, it does not mean we give up the right to enforce it.
• These terms are available in Spanish and in English. Both versions carry the same weight; if a difference raises a doubt, it is interpreted in the way that is most favourable to you.

Withdrawal form

Only fill in and send this form if you want to withdraw from the contract. Send it to soporte@pitiklini.com or by post to Calle La Alhondiga, 23, en Los Realejos (Tenerife).

To PITIKLINI SOLUTION SL, Calle La Alhondiga, 23, en Los Realejos (Tenerife), soporte@pitiklini.com:

I hereby give notice that I withdraw from my contract for the use of the Pitiklini platform.

• Date of sign-up:
• Name:
• Account email:
• Address:
• Signature (only if sent on paper):
• Date: