Terms and conditions

These general terms and conditions govern the contract between you and PITIKLINI SOLUTION SL for the use of the Account and the Platform. Please read them before you open your Account. You can save or print them from this page, at the end of which all their versions are published. Capitalised terms have the meaning given to them in section 1.

The essentials

This summary does not replace the terms, but it will help you find the most important points:

• Who is who. Pitiklini provides the technology platform. The Crypto-Asset Services, including the custody of your money and crypto-assets, are provided by the Provider under its own terms. Section 1 explains this in detail.
• Risk. Crypto-assets are volatile: their value can fall and part or all of the amount invested may be lost. They are not covered by any guarantee scheme. Please read the risk warning.
• Fees. The applicable fees are set out, with their date, on the Fees page.
• P2P. In P2P you buy from and sell to other users, and the buyer pays the seller in euros directly, outside the Platform.
• Withdrawal and closure. You may withdraw from the contract within 14 days of signing up and close your Account at any time, free of charge.
• Complaints. You can send them to soporte@pitiklini.com. Complaints about the Crypto-Asset Services follow the procedure explained on the complaints page.

1. Parties and definitions

In these terms and conditions, the following words have the meanings set out below:

• "Pitiklini", "we", "us" or "our": PITIKLINI SOLUTION SL, owner of the Pitiklini brand and of the Platform, 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.
• "you" or "your": the person who opens an Account and holds it.
• "Platform": the pitiklini.com website and the Pitiklini app.
• "Account": your user account on the Platform.
• "Provider": DEPASIFY S.L., a crypto-asset service provider subject to Regulation (EU) 2023/1114 on markets in crypto-assets (MiCA), which provides the Crypto-Asset Services. Its details are in the Legal notice.
• "Crypto-Asset Services": the custody, purchase and sale, exchange and transfer of crypto-assets, and the related euro payments.

Pitiklini provides the technology platform: it develops and maintains the website and the app, manages Accounts, hosts and moderates P2P listings and provides user support. Section 6 sets out which entity provides each service.

2. Documents that form the contract

Your contract with Pitiklini consists of these terms and the documents they refer to:

• the Privacy policy, which informs you about how we process your personal data (it is for information only and does not need to be accepted);
• the Fees table;
• the risk warning;
• the Accessibility statement, which explains how the service works and to what extent it is accessible (Spanish Law 11/2023, Article 13(2)).

The Crypto-Asset Services are also governed by the Provider's terms, which will be presented to you before you use them. If one of those terms and one of these terms conflict with regard to a Crypto-Asset Service, the former prevails as regards that service.

3. Conclusion of the contract

1. In the app, you enter your email address and a password and accept these terms by ticking a box that is never ticked in advance.
2. We will send a code to your email address to confirm it. With that code, the Account is opened and the contract is concluded.
3. To use the Crypto-Asset Services, you must also verify your identity, as explained in section 4.

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

4. Requirements for using the Platform

• You must be 18 or over and have the legal capacity to enter into contracts.
• The Account is personal: you can only have one, in your own name, and only you can use it. You must not open it for someone else or allow anyone else to use it.
• To use the Crypto-Asset Services, you must pass the identity verification carried out by the Provider on its own screen. Under anti-money laundering law, it is for the latter to decide in which countries and to whom it provides its services.
• The information you give us must be true and up to date.

5. Account security

What Pitiklini does. We protect the Account with a password and with two-step verification, which is required for withdrawals, and we also ask for a code sent by email for each withdrawal. We will notify you when someone accesses the Account from a new device and when something important about its security changes. We will close open sessions if you change or reset your password, and we will lock the Account for a period after several failed attempts. After a security change, we will suspend withdrawals for a period, to protect you in case the change was not made by you. We explain this on the Security page.

What you must do. You must use a password that you do not use for any other service and keep it secret; turn on two-step verification and the anti-phishing code, which appears in our emails so that you can recognise them; never share your codes; and protect your email account and your device.

If you suspect that someone has accessed your Account, you must change your password and write to us immediately at soporte@pitiklini.com. We will never ask you for your password or your codes.

6. Services and the entities that provide them

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 order to match it; it is only executed at that price or a better one, and it might never be executed;
  • market: it is executed immediately against the best available orders, at a price that could be worse than the last one you saw;
  • stop-limit: when the price reaches the one you set, a limit order is placed at the price you have chosen; if the price moves quickly, it might not be executed or might be executed only in part.
• When an order is binding: an order is binding as soon as you confirm it in the app. While it has not been executed, you may cancel the pending part.
• Information before you confirm: before you confirm, you will see the amount and the applicable fee, which will be the one shown at that time on the Fees page.
• Executed trades are final: an executed trade cannot be undone. If it was caused by an obvious technical error on our part, we will correct it and explain it to you.
• Indicative prices: the prices shown on the website are indicative, and those labelled "Test prices" are not prices at which you can trade.

8. Peer-to-peer trading (P2P)

In P2P you buy crypto-assets from and sell them to other users, who post listings with their price, their limits, their payment methods and the time allowed for payment.

• The parties to each sale are the users who enter into it. Pitiklini hosts the listings and the chat, sets the crypto-asset aside while the trade lasts and resolves disputes. The buyer pays the seller in euros directly, outside the Platform, using the listing's payment method.
• How a trade works:
  1. When the trade opens, the seller's crypto-asset is set aside: nobody can use it until the trade ends.
  2. The buyer pays within the time allowed, into the payment account shown in the trade, and marks the trade as paid.
  3. The seller checks that the money has arrived and releases the crypto-asset, which goes to the buyer.
• Expiry of the time allowed: if the time allowed runs out without the trade being marked as paid, the trade is cancelled automatically and the crypto-asset goes back to the seller. The buyer can cancel as long as the crypto-asset has not been released; the seller, only before the trade is marked as paid.
• Payment: you must always pay from an account that you hold and only by the listing's payment method. You must only mark as paid what you have actually paid, and you must only release the crypto-asset when you see the money in your payment account, not because of a receipt or a message.
• Disputes. If a problem arises (for example, you have paid and the crypto-asset is not released to you, or the trade shows as paid and the money has not reached you), you may open a dispute from the trade once it has been marked as paid and the waiting time shown in the trade has passed. First, the two parties may try to resolve it between themselves. If they do not succeed, Pitiklini's team will review it with the information they provide, may ask them for further information and will decide whether the crypto-asset goes to the buyer or back to the seller. The decision is made by a person, and we will communicate it to both parties with the reasons and how to challenge it. While the dispute lasts, the crypto-asset remains set aside.
• P2P fee: the one shown on the Fees page when the trade opens.
• Responsibility: each user is responsible for their own actions in their trades. Pitiklini is responsible for the operation of the P2P system, for setting aside and delivering the crypto-asset correctly and for resolving disputes diligently.

9. Rules of use and moderation

You must not use the Platform for:

• any unlawful purpose, such as fraud, money laundering, terrorist financing or evading international sanctions;
• manipulating prices or the market, for example through trades between your own accounts or trades arranged with others;
• posting unlawful, misleading or offensive content in listings or in the chat, content unrelated to the trade, or other people's personal data;
• requesting or making payments by a method other than the one in the listing or from other people's accounts;
• impersonating another person or entity, including Pitiklini;
• attacking or overloading the Platform, or using it by automated means without our permission.

Moderation. Listings and reports about them are reviewed by a person on our team, who also decides on any removal of content. Anyone, whether or not they have an Account, can report a listing they consider unlawful or contrary to these rules at Report an ad, and we will inform the person who reported it of our decision.

Measures. If you break these rules, we may, depending on the seriousness of the breach, remove a listing or a message, restrict some features of your Account, suspend it or close it. We will always tell you the reasons, with the facts, the rule we rely on and how to challenge the decision (Digital Services Act, Article 17), unless the law prevents us from doing so.

If you disagree with a decision, you may reply to the email in which we informed you of it or write to soporte@pitiklini.com within the following six months. We will review the decision and give you a reasoned reply. You may also go to court.

10. Fees and taxes

• The fees for each service, and the date from which they apply, are set out on the Fees page. Before you confirm each trade you will see the applicable fee, and you will not be charged anything you have not accepted.
• Withdrawals of crypto-assets are subject to a fixed fee per crypto-asset. The network fee is borne by Pitiklini: you will receive exactly the amount you see when you confirm.
• Taxes arising from your trades, such as income tax on your gains, must be declared and paid by you. The information provided by Pitiklini does not constitute tax advice. Pitiklini and the other entities involved in your trades can be required by law to report them to the Spanish Tax Agency.

11. Risks

Trading crypto-assets involves risk: their price can rise or fall significantly in a short time, part or all of the amount invested can be lost, and you might not find a buyer when you want to sell. Crypto-assets are not covered by the Spanish Deposit Guarantee Fund or by any investor compensation scheme. Past performance is not a reliable indicator of future results. The information provided by Pitiklini does not constitute advice or a recommendation on what to buy or sell. Please read the risk warning before you trade.

12. Restriction, suspension and closure of the Account

You may close your Account at any time, free of charge, from the app or by writing to soporte@pitiklini.com. Before closing it, you must withdraw your balance; if a balance remains in the Account, we will tell you how to recover it.

We may restrict or suspend your Account, or close it, when:

• you breach 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;
• you no longer have access to the Crypto-Asset Services, for example because you do not pass the identity verification.

We will tell you the reasons, with the facts and how to challenge the decision, unless the law prevents us from doing so. If we decide to end the contract without any of those reasons applying, we will give you two months' notice. When we close the Account, we will give you a reasonable period to withdraw your balance.

13. Right of withdrawal

• You may withdraw from this contract within 14 calendar days of signing up, without giving any reason and free of charge. To do so, you can write to soporte@pitiklini.com with the subject "I withdraw from the contract" or use the form at the end of this page. We will confirm that we have received your notice.
• Trades are excluded from the right of withdrawal. A purchase or sale of crypto-assets cannot be undone, because its price depends on fluctuations in the market that Pitiklini cannot control (Spanish General Law for the Protection of Consumers and Users, Article 103(b), and Law 22/2007, Article 10(2)(a)).
• Effects of withdrawal: we will close your Account and help you withdraw your balance. You may also ask the Provider to end the contract it has with you.
• After the 14 days, you may still close your Account at any time, as explained in section 12.

14. Liability

• We are liable for any damage we cause you by failing to meet our obligations.
• We are not liable for damage caused by events that could not have been foreseen or that, if foreseen, were unavoidable (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 custody of your crypto-assets and euros rests with the Provider, which is responsible for it.
• We may interrupt the operation of the Platform for maintenance or for security reasons. Whenever possible, we will announce it in advance, and the Status page shows whether any service is not working.
• Nothing in these terms limits the rights that the law gives you as a consumer.

15. Intellectual property

We grant you permission to use the Platform for its intended purpose, personally and for as long as you keep your Account. The other conditions relating to the brand, the design and the code are set out in the Legal notice.

16. Changes to these terms

We may change these terms for the following reasons: changes in the law or in the requirements of supervisory authorities; the introduction, modification or withdrawal of services; changes in the Crypto-Asset Services or in the terms that govern them; security reasons; or the need to explain something more clearly.

• If a change is to your disadvantage, we will notify you two months in advance by email and in the app, stating what changes and the date on which it takes effect. If you do not accept it, you may close your Account free of charge before that date.
• If it is to your advantage or only clarifies the text, it may apply sooner.
• Each version is published on this page with its date and a summary of the changes.

17. Communications

We will communicate with you through your Account's email address and through the app, in the language you choose (Spanish or English). You can write to us at soporte@pitiklini.com. You must keep your email address up to date, because we use it for important notices.

18. Customer support and complaints

• Questions and complaints about Pitiklini: you can send them to 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 working days at most (Spanish Law 10/2025 of 26 December regulating customer service).
• Complaints about the Crypto-Asset Services: these are resolved by the Provider, within the time limit and following the procedure explained on the complaints page. If you send them to us, we will pass them on. If you are not satisfied with the answer you receive, you may go to the Spanish securities regulator (Comisión Nacional del Mercado de Valores, CNMV).
• Moderation decisions: you can challenge them as explained in section 9.

19. Personal data

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

20. Governing law and competent 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 may 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 declares any clause void, the remaining clauses will continue to be valid.
• You must not transfer this contract to anyone else. We may transfer it to another company that continues to provide the service; we will notify you in advance and you will keep all your rights.
• If we do not enforce an obligation at a given time, this does not mean that we waive the right to enforce it.
• These terms are available in Spanish and in English. Both versions carry the same weight; if a difference between them raises a doubt, it will be interpreted in the way most favourable to you.

Withdrawal form

You can send this form to soporte@pitiklini.com or by post to Calle La Alhondiga, 23, en Los Realejos (Tenerife).

(complete and return this form only if you wish to withdraw from the contract)

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

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

• Ordered on (*)/received on (*):
• Name of consumer(s):
• Address of consumer(s):
• Account email address:
• Signature of consumer(s) (only if this form is notified on paper):
• Date:

(*) Delete as appropriate.