General Terms and Conditions of Use

1. Introduction


1.
YouHodler Italy S.r.l. is a limited liability company incorporated under Italian law, with its registered office at Via del Commercio 32, Rome, and VAT number 12481390966 (hereinafter, “YouHodler” or the “Company”). 

2. The Company is currently registered as a crypto-asset service provider (VASP) with the Organismo Agenti e Mediatori (OAM) in Italy, under registration number PSV 58. 


3.
Following the entry into force of Regulation (EU) 2023/1114 on crypto-asset markets (hereinafter “MiCAR”), YouHodler is in the process of applying for the relevant authorisation in order to update its registration and continue to operate as a crypto-asset service provider (CASP).  


4.
The Company provides custody, transfer, exchange and order execution services relating to crypto-assets.  


5.
These general terms and conditions of use (hereinafter, “Terms”) set out the general rules for the use of the services offered by YouHodler.


2. Definitions


Application:
the software interface, accessible via a web browser or mobile application for Android and iOS systems, through which the User can access the Platform and use the Services.


Force Majeure
: an unforeseeable and unavoidable event that prevents, in whole or in part, the normal provision of the Services despite the Company having taken all reasonable measures.


Client
: the User who has successfully completed the registration, identification and verification process required by the Company, including KYC, AML/CFT checks and any other verification required by applicable legislation, and who is therefore authorised to use one or more Services.


Fees
: the commissions, charges, expenses and any other amounts owed by the Customer to the Company in relation to the use of the Services, as set out in the Pricing Policy or in the applicable contractual documentation.


Credentials:
the set of authentication tools used to access the Application and the Services, including username, email address, telephone number, password, OTP codes and any other authentication or security mechanism adopted by the Company.


Crypto-assets:
a digital representation of a value or right that can be transferred and stored electronically using distributed ledger technology (DLT) or similar technology. For the purposes of these Terms, the Company exclusively supports the Crypto-assets made available from time to time on the Platform.


Electronic Money Token (EMT):
a Crypto-asset that aims to maintain a stable value by referencing the value of an official fiat currency, as defined by MiCAR.


Fiat:
a legal tender issued by a central bank or other competent monetary authority. 


Fork
: a change to the protocol or distributed ledger technology underlying a Crypto-asset that may result in the creation of a new network, a new Crypto-asset or associated rights distinct from those originally held.


Force Majeure
: any extraordinary, exceptional event beyond the reasonable control of the Company, including, but not limited to, natural disasters, wars, acts of terrorism, epidemics or pandemics, measures taken by the competent authorities, widespread disruptions to communication networks or the electricity supply, as well as malfunctions or the cessation of operation of the underlying technological infrastructure or blockchain networks.


Information
Documents: the contractual and informational documents prepared by the Company describing the characteristics, methods of provision, risks, costs, operational limits and any other relevant aspects of the Services. 


Order
: any instruction or operational directive issued by the Client via the Platform, following authentication using their Credentials, relating to the execution of one or more Services.


Platform:
the technological and operational infrastructure managed by the Company through which the Services are made available, accessible via the Application and any other channels indicated by the Company.


Registration:
the procedure for opening an account and obtaining the Credentials required to access the Application.


Services:
the set of services provided by the Company to Clients via the Platform, comprising:

  1. the service of custody and administration of Crypto-assets on behalf of Clients;
  2. the exchange of Crypto-assets for fiat funds and/or other Crypto-assets;
  3. the execution of orders relating to Crypto-assets on behalf of Clients;
  4. the transfer of crypto-assets on behalf of Clients; and 
  5. any other service that may be made available by the Company and governed by specific policies or applicable agreements.

Site: the Company’s website, including its subdomains and the web pages expressly referred to in these Terms.


User:
any person who has completed Registration and holds personal Credentials to access the Application. Not all Users are necessarily Clients.


3. Subject Matter


1.
These Terms govern the contractual relationship between YouHodler and the Client in relation to the use of the Platform, the Application and the Services provided by the Company.


2.
These Terms must be read in conjunction with the Policies and any specific agreements or conditions applicable to individual Services (the “Specific Agreements”), which supplement and complete the
provisions governing the contractual relationship. In the event of a conflict between these Terms and the Specific Agreements, the latter shall prevail to the extent of the matters specifically governed.


3.
Registration and access to the Platform, as well as the use of the Services, presuppose that you have read and accepted these Terms, the Privacy Policy and, where applicable, the Specific Agreements relating to individual Services.


4.
To access the Services, the User must successfully complete the Registration procedure and the identification, due diligence and compliance checks required by applicable legislation. The Company reserves the right to refuse to enter into the relationship or to grant access to one or more Services in accordance with applicable legislation.


5.
The Services are reserved exclusively for persons who have the legal capacity and the necessary authority to enter into this contractual relationship. Where the Client acts on behalf of a legal person or other entity, they represent and warrant that they are duly authorised to represent it.


6.
Unless expressly stated otherwise, the Services do not constitute investment services, investment advice, a public offering of financial instruments or other services subject to restriction under applicable legislation. The Company provides only those crypto-asset services for which it is authorised.


7.
The Client acknowledges that the use of the Services may entail tax, reporting or regulatory obligations for which they are responsible and remains solely liable for compliance therewith. The Company does not provide legal, tax or investment advice.


8.
The Client is required to verify that access to and use of the Services are permitted under the applicable legislation in their country of residence or in any other relevant jurisdiction. Should any legislative or regulatory provisions or measures by the competent authorities restrict or prohibit the use of the Services, the Client must not access the Platform or use the Services. 


9.
The Client declares that the information provided to the Company during registration and in the course of the contractual relationship is complete, accurate and truthful, and assumes all liability arising from any inaccuracy, incompleteness or untruthfulness thereof. The Company shall not be liable for any consequences arising from the Client’s breach of the legislation applicable to them.


4. Custody Service


1.
The custody service refers to the service of holding and managing Crypto-assets on behalf of Clients (hereinafter, the “Custody Service”).


2.
The Service consists of the holding, safeguarding and management of the Client’s Crypto-assets, as well as the related cryptographic access credentials (including private keys), in order to enable the execution of transactions on the Client’s instructions.


3.
Custody is provided through a multi-tiered operational model that combines: (i) individual blockchain addresses for initial deposits; (ii) centralised operational wallets (Warm Wallets) with an omnibus structure for liquidity management; (iii) offline custody solutions (Cold Wallets) for long-term storage; (iv) key management systems based on multi-signature technologies, MPC (Multi-Party Computation) and certified HSMs.


4.
Crypto-assets held in custody do not benefit from public repayment guarantees or protection schemes comparable to bank deposit or investor guarantee schemes.


5.
The Client acknowledges that the Crypto-assets remain their property and that the Company guarantees their segregation from its own assets, at operational, accounting and legal levels.


6.
The Client deposits the Crypto-assets supported by the Platform with the Company and accepts the relevant custody terms and conditions.


7.
The Company may at any time request information regarding the origin of the Crypto-assets or the Client’s transactions for the purposes of complying with applicable regulatory obligations; in the event of a failure to cooperate, the Company may suspend or restrict the Client’s trading activities.


8.
The Company maintains accounting and operational records that allow the identification of Clients’ positions at all times.


9.
The Company undertakes to return Crypto-assets of the same type and quantity at the Client’s request or upon termination of the contractual relationship, within the time required to carry out operational and compliance checks.


10.
In relation to events affecting the underlying technology of the Crypto-assets, including, by way of example, forks (hard forks and soft forks), airdrops, protocol migrations, splits, merges and updates to the relevant network, the Company may determine whether to support them and whether to make any crypto-assets or rights associated with them available to the Client, based on discretionary assessments grounded in security, technical feasibility, liquidity, operational impacts and regulatory compliance.


11.
In the absence of notification of support from the Company, the Client acknowledges that any crypto-assets or rights arising from the events referred to in the preceding paragraph may not be acquired, credited or managed within the scope of the Services and may not be available through the Company, it being understood that the Custody of the original crypto-assets shall continue in accordance with these Terms.


5. Trading and Execution Services


Placing Orders and Conditions of Validity


1.
The Client places Orders to buy, sell or convert Crypto-assets using fiat funds and/or other Crypto-assets via the Company’s Platform when:

  1. they expressly accept the price displayed on the Platform, within the limited time period during which it remains valid (hereinafter, the “Acceptance Period”); and
  2. confirms, under their sole responsibility, that:
  1. the information provided is complete and correct;
  2. they have read, understood and accepted the displayed price, the applicable fees and the financial terms of the transaction.

2. An Order is deemed to have been received by the Company when the Client has completed the entry of the required data and has confirmed the transaction via strong authentication (e.g. 2FA or 3FA, OTP or equivalent systems).


3.
An Order is considered final only when:

  1. the Client has viewed the price, amount, crypto-asset/fund pair and applicable fees on the Platform;
  2. the Client has confirmed the transaction within the Acceptance Period;
  3. the quote has not expired, been revoked or updated prior to confirmation;
  4. the Platform has successfully completed technical checks, checks on the availability of funds/crypto-assets, treasury checks and, where applicable, AML/CFT and sanctions checks;
  5. there are no circumstances that would lead to the suspension of the Service, nor are there any operational or market anomalies;
  6. the Order has been recorded in the Company’s internal systems with a unique identifier.

Until these conditions are met, the display of the price does not constitute a binding offer.


Execution model and classification of the Service


4.
Orders may be executed by the Company in two ways:

  1. execution service (hereinafter, the “Execution Service”), in which the Company acts as the Client’s direct counterparty; or
  2. execution service (hereinafter, the “Execution Service”), in which the Company acts on behalf of the Client by transmitting the Order to selected execution venues.

5. The applicable model is determined by the Company based on the nature of the Order and the relevant operational threshold (currently €50,000 per individual Order), as well as liquidity conditions and the Client’s interest in the best overall result.


Exchange Service


6.
In the Trading Service:

  1. the Company acts as the Client’s direct counterparty;
  2. the Order is executed at the price displayed on the Platform and accepted by the Client;
  3. settlement takes place via the Company’s internal custody infrastructure and omnibus accounts;
  4. the Order is generally executed in full upon confirmation, unless there is technical, operational or market unavailability.

7. The price is determined by the Company’s automated pricing engine, which aggregates real-time market data from liquidity providers and applies an internal margin that reflects market conditions, risks and operational costs. 


8.
The Acceptance Period is currently 15 seconds. If this period elapses without confirmation, the price is updated.


Execution Service


9.
In the Execution Service:

  1. the Company acts as an intermediary for the Client’s Order;
  2. the Client authorises the Company to transmit the Order to authorised Execution Venues or other selected trading venues (including OTC or foreign venues);
  3. the venue is selected via an automated Smart Order Routing (SOR) system, based on objective best execution criteria.

10. Execution Venues are selected on the basis of criteria including:

  1. available price;
  2. total transaction costs;
  3. liquidity;
  4. probability and speed of execution;
  5. operational and settlement reliability.

11. The price shown to the Client is indicative and may differ from the actual execution price due to market volatility and liquidity conditions. 


12.
The Order may be executed in whole or in part, or may not be executed at all. The Company does not guarantee execution.


Operational limits and availability of Crypto-assets


13.
The ability to execute Orders is subject to the availability of Crypto-assets and funds within the Company’s custody and treasury systems. Under normal conditions, operational availability is immediate for standard amounts. 


14.
For transactions of a significant amount or where operational, risk or compliance requirements apply, security mechanisms (including multi-signature and time-lock) may be applied, resulting in a delay in the release of the Crypto-assets for up to a maximum of 5 (five) working days. This timeframe relates exclusively to internal technical availability and does not constitute a commitment to execute the Order within that period.


Best execution and relevant factors


15.
The Company takes reasonable steps to obtain the best possible result for the Client. The primary execution factor is price, assessed in conjunction with:

  1. overall costs (including network and third-party fees);
  2. speed of execution;
  3. probability of execution and settlement;
  4. market conditions and liquidity.

16. The final price may differ from the indicative price displayed due to volatility and the nature of the execution.


6. Transfer Service


1.
The transfer service consists of executing transfers of crypto-assets from addresses or accounts controlled by the Company, acting as custodian, to distributed ledger addresses designated by the Customer, within the framework of the Company’s custodial model (hereinafter, the “Transfer Service”). The Service is provided exclusively within the framework of YouHodler’s custodial infrastructure.


2.
The Client submits Transfer Orders via the YouHodler Platform following strong authentication. Prior to execution, the Company provides the Client with a summary containing at least: (i) the crypto-asset being transferred; (ii) the amount; (iii) the selected or applicable DLT network; (iv) the destination address specified by the Client; (v) the applicable fees, costs and charges; and (vi) a warning regarding the irreversibility or sufficient irreversibility of the transfer on the selected DLT network.


3.
The Customer is responsible for the accuracy of the information provided and, in particular, for the destination address and the selected DLT network. Errors in specifying the address or network may result in the permanent loss of the transferred crypto-assets.


4.
Every transfer request is subject to internal checks, including those required by anti-money laundering regulations and the Travel Rule, checks on operational limits and, where necessary, enhanced procedures depending on the transaction’s risk profile. YouHodler may suspend or delay execution in the event of invalid technical parameters, incomplete information, a negative outcome of security or compliance checks, or the detection of operational anomalies.


5.
Once the transaction has been transmitted to the blockchain network and confirmed in accordance with the rules of the applicable protocol, the transfer is technically irreversible. The Order cannot be revoked by the Client after the Company has commenced the technical execution of the transfer or transmitted the transaction to the DLT network.


6.
YouHodler employs organisational and technological safeguards proportionate to the nature of the Transfer Service, including strong authentication mechanisms, access controls, transaction monitoring, multi-tier custodial infrastructure, HSM systems for cryptographic key management, and multi-signature mechanisms where applicable.


7.
The Customer acknowledges that settlement times on the blockchain depend on the operation of the underlying DLT network and are not entirely within YouHodler’s control.


8.
YouHodler does not execute transfers involving EMTs.


7. KYC/AML/CFT Compliance


1.
The Customer acknowledges that the Company, as a provider of crypto-asset services, applies procedures and controls relating to Know Your Customer (KYC), Anti-Money Laundering (AML), Counter-Terrorist Financing (CFT), international sanctions and other compliance measures required by applicable legislation.


2.
For the purposes of establishing, maintaining and monitoring the contractual relationship, the Company may request information and documentation from the Client, including information and documentation in addition to that provided during registration, such as details regarding identity, beneficial ownership, business activities, the origin of funds and crypto-assets, the source of assets and the purpose of transactions. The Client undertakes to provide complete, accurate and up-to-date information in a timely manner.


3.
The Company may carry out checks and audits on the Client’s transactions and crypto-assets, including through the use of blockchain analytics and blockchain forensics tools. As part of such checks, the Company may examine information, communications and transaction histories and may engage specialist third-party providers to carry out verification and compliance activities, within the limits permitted by applicable legislation.


4.
Where it deems it necessary to comply with regulatory obligations or to carry out the required checks, the Company may:

  1. request further information or documents;
  2. delay the execution of Orders, transfers or other transactions;
  3. suspend or restrict, in whole or in part, access to the Services;
  4. refuse to execute Orders, transfers or other transactions;
  5. apply operational limits or restrictions on available features.

5. The Client acknowledges that the checks and measures provided for in this article may affect the execution times of transactions and the availability of the Services and crypto-assets.


6.
The Company may limit, suspend, block or prevent transactions, transfers or returns of crypto-assets and funds where required by applicable legislation, requests or measures from the competent authorities, or to comply with obligations relating to anti-money laundering, countering the financing of terrorism, international sanctions or fraud prevention.


7.
In the event of the Client’s failure to cooperate, or incomplete or delayed cooperation, with the Company’s requests, the Company may suspend the Services and, where the conditions are met, refuse to establish the relationship, withdraw from these Terms or terminate them with immediate effect.


8. Obligations and declarations of the User and the Customer


1.
Before completing Registration on the Platform or, in any event, before using the Services, the User represents and warrants that:

  1. possess the legal capacity and authority to act as required by applicable law;
  2. have read, understood and accepted these Terms, the Privacy Policy and any other applicable policy;
  3. provide truthful, accurate, complete and up-to-date information;
  4. accept the fees, commissions and charges applicable to the Services.

2. The User is responsible for the safekeeping and confidentiality of their login credentials, authentication devices and communication channels used to interact with the Company.


3.
The User must not share their Credentials with third parties or allow others to access the Platform via their account.


4.
The User undertakes to notify the Company without delay of any loss, theft, compromise or unauthorised use of their login credentials or security tools.


5.
The User undertakes to use the Platform and the Services in compliance with applicable legislation, these Terms and the instructions provided by the Company.


6.
The Customer undertakes to provide, without delay, all information and documentation requested by the Company for the purposes of providing the Services and complying with regulatory obligations, including those relating to anti-money laundering, countering the financing of terrorism, international sanctions and customer due diligence checks.


7.
The Customer undertakes to update the information and documentation provided promptly in the event of any material changes.


8.
For the deposit and withdrawal of fiat funds, the Client shall use only payment accounts or bank accounts held in their name or otherwise lawfully controlled by them.


9.
For the deposit and withdrawal of crypto-assets, the Client shall use exclusively wallets or addresses of which they are the lawful owner or which are attributable to them, in accordance with applicable legislation and the Company’s procedures.


10.
The Client remains solely responsible for tax obligations relating to the use of the Services, except where the Company is required by law to fulfil such tax obligations.


11.
The Client acknowledges and agrees that the Company shall maintain records and accounts relating to the Services, transactions and crypto-assets held or traded via the Platform, in accordance with applicable legislation.


9. The Company’s obligations and representations


1.
The Company shall adopt organisational, technical and security measures appropriate to the nature of the Services provided and in compliance with applicable legislation.


2.
The Company holds Clients’ crypto-assets with the diligence required by applicable legislation and in the Clients’ best interests.


3.
The Company shall take appropriate measures to ensure the segregation of Clients’ crypto-assets and funds from its own assets and those of other parties, in accordance with applicable legislation.


4.
The Company adopts organisational and contractual measures designed to protect Clients’ rights over the crypto-assets and funds held on their behalf, even in the event of the Company’s insolvency.


5.
Unless permitted by applicable law or expressly authorised by the Client, the Company shall not use for its own account, nor shall it grant to third parties, any crypto-assets held on behalf of Clients.


6.
The Company may use suppliers, sub-suppliers, technological infrastructure or other third parties to provide the Services, whilst remaining liable to the Client within the limits set out in applicable legislation and these Terms.


7.
The Company maintains complete and accurate records of the activities, transactions and orders executed on behalf of Clients.


8.
The Company shall inform the Client, where reasonably possible, of any scheduled maintenance that may affect access to the Platform and/or the Application, or the availability of the Services.


9.
The Company shall notify the Client without undue delay of any operational or security incidents that may significantly affect the provision of the Services or the safekeeping of the Clients’ crypto-assets; where possible, such notification shall be made within 72 (seventy-two) hours of YouHodler becoming aware of the incident.


10.
The Company may assign this contractual relationship or the rights and obligations arising from these Terms in accordance with applicable law, notifying the Customer where required.


11.
The Company reserves the right to refuse, suspend or restrict access to the Services for legitimate reasons, including security, regulatory compliance, fraud prevention, anti-money laundering or risk management.


10. Indemnity and Limitations of Liability


1.
Without prejudice to cases of mandatory liability under the law, including applicable legislation, the Company shall be liable exclusively for direct damages arising from the loss, theft, destruction or compromise of Crypto-assets in custody attributable to breaches of the Custody Service, unless it is proven that the event was due to a non-attributable cause, an external event, an Act of God or Force Majeure.


2.
In cases of liability under Articles 75 and 82 of MiCAR, the Company shall return Crypto-assets of the same type and quantity or, where this is not possible, the equivalent value determined on an objective basis. Any insurance cover serves merely to mitigate liability and does not limit the Client’s mandatory rights.

3. Except in cases of wilful misconduct or gross negligence, the Company shall not be liable for indirect or consequential damages, including loss of profit, loss of opportunity or reputational damage, and YouHodler’s total liability is limited to €10,000 (ten thousand euros) for cases other than those referred to in the preceding paragraphs.


4.
The Customer acknowledges that access to the Platform, the Website and the Services may be suspended or restricted for maintenance, updates or events beyond the Company’s control, without this giving rise to liability to the extent permitted by law.


5.
The Customer is fully responsible for the use of their Credentials and for any activity arising from errors, negligence or improper management thereof, as well as from inaccurate or incomplete information provided to the Company.


6.
The Company shall not be liable for any damages arising from the Customer’s failure to notify, or delay in notifying, the Company of security-related events, including unauthorised access or loss of control of Crypto-assets.


7.
The Company shall not be liable for delays or failure to perform the Services due to Force Majeure or Acts of God.


8.
The Company shall not be liable for the unavailability of Crypto-assets resulting from technical or blockchain protocol constraints, including lock-ups or timelocks communicated to the Client.


9.
The Company shall not be liable for the failure of suppliers or third parties used in the provision of the Services, unless such failure was foreseeable with due diligence at the time of selection or during the course of the relationship.


11. Conclusion, duration and termination


1.
These Terms shall come into effect upon the Company’s notification of the Customer’s acceptance.


2.
These Terms are of indefinite duration.


3.
The Customer may withdraw at any time, without penalty or cost. Withdrawal is, however, excluded or restricted in cases where there are restrictions, proceedings or measures in place regarding the Customer’s Crypto-assets, or where there are security interests attached to them.


4.
Fees accrued up to the effective date of withdrawal or termination remain payable.


5.
In the event of the Customer’s death or subsequent incapacity to act, the provisions of the law on succession shall apply.


6.
The Company is entitled to withdraw from these Terms at any time, without penalty, by giving 1 (one) month’s notice, by written notice to the Client’s email address.


7.
The Company may terminate these Terms with immediate effect, by means of a written notice stating the reasons, in the event of: (i) breach of contractual obligations; (ii) non-payment of Fees; (iii) involvement in proceedings relating to serious criminal offences; (iv) unlawful, fraudulent or non-compliant use of the Services.


8.
The Company may also terminate these Terms if, based on objective evidence, the Customer’s conduct exposes the Company to legal, regulatory, penalty or reputational risks.


9.
The Company may also suspend, in whole or in part, the Services in the event of: (i) non-payment; (ii) failure to provide, or incomplete provision of, requested information; (iii) suspicion of unlawful or fraudulent use; or (iv) regulatory compliance or security requirements. The suspension shall remain in force until the causes giving rise to it have been removed or the checks have been completed. The suspension shall not affect Orders already validly executed or in progress, except as provided for in the Terms, applicable legislation or measures taken by the competent authorities.


10.
Should changes in legislation or regulations render authorisations, registrations or other formalities necessary for the provision of the Services, the Company may terminate the contractual relationship arising from these Terms, in whole or in part, even if such requirements are not met within the applicable time limits.


12. Return of crypto-assets and funds upon termination of the relationship


1
. In the event of termination, for any reason, of the contractual relationship arising from these Terms, the Company shall return the crypto-assets and any fiat funds held on behalf of the Customer, in accordance with applicable legislation.


2.
For the purposes of returning fiat funds, the Client is required to provide details of a payment account or bank account held in their name or otherwise lawfully controlled by them.


3.
For the purposes of returning crypto-assets, the Client is required to provide a wallet or destination address over which they have lawful control, in accordance with the procedures and verification requirements adopted by the Company.


4.
The Company shall return the crypto-assets and funds within 10 (ten) working days of receiving all necessary information and instructions, subject to any delays due to security checks, regulatory obligations, operational unavailability or circumstances not attributable to the Company.


5.
The return of crypto-assets or funds may be refused, suspended or delayed where required by applicable legislation, a measure issued by the competent authority, or requirements relating to the fulfilment of obligations concerning anti-money laundering, combating the financing of ter , international sanctions, fraud prevention or the protection of the security of the Platform and Clients.


13. Fees and costs


1.
Registration is free of charge.


2.
The costs of the internet connection required to use the Services, as well as the Fees payable to YouHodler, are borne exclusively by the Customer.


3.
Fees, methods of calculation, charging and invoicing/receipt are governed by the Fees Policy, which forms an integral part of these Terms.


14. Communications 


1.
The Customer expressly consents to receiving all communications relating to the Services and the contractual relationship arising from these Terms and the Specific Agreements, including those of an informational, operational, accounting and administrative nature, in electronic format at the email address provided during Registration or subsequently updated, as well as via the Application.


2.
Official communications of a contractual or operational nature shall be made via the Application and/or email sent exclusively from official YouHodler domains.


3.
Unless otherwise provided for in these Terms or by applicable law, communications sent by YouHodler shall be deemed to have been received by the Customer on the day they are sent to the email address provided or at the time they are made available in the Application.


15. Reporting


1.
The Company makes available to the Client, via the Platform, up-to-date information regarding the crypto-assets held and the transactions carried out. Such information includes, depending on the Services used, position balances, transaction history and movements recorded on the Platform.


2.
Historical account statements are made available on a quarterly basis and may also be provided at the Client’s request. The Company reserves the right to charge fees for multiple requests or those exceeding ordinary reporting obligations.


1.
The Company provides the Client with dedicated support channels, including email, the support chat available on the Platform, and any additional communication channels indicated by the Company.


16. Contact


1.
For any queries, requests for assistance or information regarding the Services, the Customer may contact the Company at the email address support@youhodler.com or via the additional electronic communication channels made available by the Company, including, by way of example, the customer support chat or similar tools.


17. Unilateral amendment


1.
The Company reserves the right to amend or supplement these Terms at any time, as it deems necessary or appropriate, in accordance with applicable legislation, and shall notify the Customer of such changes with at least 2 (two) calendar months’ notice.


2.
The proposed amendments shall not have retroactive effect and shall not affect the rights and obligations already accrued to the Customer.


4.
The Customer is entitled to withdraw from these Terms, without incurring any costs or penalties, by the effective date of the proposed amendments. In the absence of withdrawal within the specified period, the amendments shall be deemed accepted and shall take effect from the date indicated in the notice.


5.
The Company retains the right to make changes with immediate effect where required by law, regulations or measures issued by the competent authorities; in such cases, the Customer shall be informed without undue delay and, where permitted by law, the right to withdraw within 2 (two) months remains unaffected.


18. Processing of personal data


1.
The processing of personal data is carried out by the Company in accordance with Regulation (EU) 2016/679 (“GDPR”) and Legislative Decree No. 196 of 30 June 2003.


2.
In compliance with and in accordance with the applicable regulations, the Privacy Policy describes the processing and protection of personal data carried out by the Company in the context of the provision of the Services.


3.
The Customer represents and warrants that, prior to providing such Personal Data to YouHodler, they have read and understood YouHodler’s Privacy Policy, which was duly made available to them prior to their Registration on the Platform.


4.
The Customer acknowledges that the Company may be required to disclose data and information relating to operations and/or crypto-assets to the competent judicial or administrative authorities, in accordance with applicable legislation. Where permitted by law, the Company will inform the Customer of such requests.


19. Intellectual Property


1.
The trademark, the internet domain and all content present on or made available via the Platform and/or the Services are protected by national and international legislation on copyright and intellectual and industrial property.


2.
Trademarks, logos, trade names, designs and any other distinctive signs of the Company are the exclusive property of the Company and/or its affiliates. No rights or licences are granted to the User in relation to these, unless expressly authorised in writing.


3.
Any unauthorised use of the Platform’s content is prohibited, including, by way of example, copying, reproduction, modification, distribution, communication to the public, downloading, display or exploitation, in whole or in part. The creation of derivative works or the use of the content for commercial purposes without the Company’s prior written authorisation is prohibited.


4.
It is expressly prohibited to carry out reverse engineering, decompilation, disassembly or any attempt to extract the source or object code of the Platform, the Website or the Applications, as well as to permit or facilitate such activities by third parties.


20. Complaints


1.
The Company has adopted internal procedures for handling complaints submitted by Clients in accordance with applicable legislation, including the provisions of MiCAR. These procedures are documented in the “Summary of the Complaints Handling Policy” available on the public page of the Website “Terms and Policies”.


2.
The Customer may submit complaints regarding the Services in writing. Initial reports or general enquiries may be handled via the Company’s Customer Service Centre, which is accessible through the digital channels provided by the Company.


3.
Complaints may be submitted free of charge:

  • by completing the form available at the following link https://www.youhodler.eu/it/complaint-form;
  • by sending the requested information by email to the following address:support@youhodler.com ; or
  • by sending the information requested therein in paper form to the following address: Via del Commercio, 32, Postcode 00154, Rome (RM).

4. The Company will confirm receipt of the complaint and handle it, providing the Customer with a reasoned response within 2 (two) months of receiving the full complaint. If, due to the particular complexity of the case, it is not possible to provide a definitive response within this timeframe, YouHodler will inform the Customer, indicating the estimated time required to resolve the matter.


5.
If the Customer is not satisfied with the outcome of the complaint handling procedure, they may resort to alternative dispute resolution mechanisms or judicial remedies, in accordance with applicable legislation. Where provided for by national legislation, unresolved disputes may be submitted to an alternative dispute resolution body.


21. Partial invalidity


1.
The invalidity or ineffectiveness of one or more clauses of these Terms shall not affect the validity of the remaining provisions, which shall remain fully valid and effective. 


2.
Any invalid or unenforceable clauses shall, where possible, be replaced by valid provisions that reflect as closely as possible the original intention of the Parties.


22. Governing law and jurisdiction


1.
These Terms are governed by Italian law.


2.
The Court of Rome shall have exclusive jurisdiction over all disputes relating to the validity, interpretation, performance and termination of these Terms.


3.
The Parties agree that, in the event of disputes, complaints or other claims arising from these Terms that cannot be resolved amicably, they shall first consider recourse to alternative dispute resolution ( ) procedures, without prejudice to the right to bring proceedings before the competent court at any time.

Acceptance of the Terms of Service


I declare that I have read, understood and accepted in full these General Terms and Conditions of Use, as well as the contractual and informational documents referred to therein.


Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, I further declare that I have read, understood and specifically approved the following clauses:

  • Art. 10 – Indemnity and limitations of liability;
  • Art. 11 – Conclusion, duration and termination of the Contract;
  • Art. 14 – Communications;
  • Art. 17 – Unilateral amendment of the Terms of Service;
  • Art. 22 – Governing law and jurisdiction.

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