Terms & Conditions
1. mintBlue’s services
1.1 mintBlue (hereinafter “mintBlue”), a trade name of KYRT BV, with registered office at 2000 ANTWERP, Amerikalei 13 box 16 and with company registration number BE0770.618.379 is a blockchain development platform (hereinafter the “Platform”) offering out-of-the-box blockchain infrastructure for business. mintBlue’s focus is making blockchain development easy and scalable. mintBlue’s API’s and SDK’s abstract away all the complexities associated with the development and implementation of blockchain products. mintBlue built an interface to accelerate blockchain integration. mintBlue’s tools not only make it easy for developers to integrate blockchain features into their products, but also make sure it scales along with business needs.
1.2 mintBlue’s Blockchain API: mintBlue offers a blockchain-as-a-service API allowing companies to read and write data to the blockchain. With many underlying technical concepts, a complete blockchain suite is hard to build and even harder to maintain. mintBlue’s Blockchain API (“application programming interface”) abstracts away all the complexities required to use the blockchain. The User can use features the blockchain offers, such as micropayments, data distribution, authenticity checks and more, by simply calling an API endpoint.
1.3 mintBlue’s Token API: allows the User to upload and retrieve files to and from the Bitcoin blockchain. The files are encrypted by default and allow any user with access to the reference and encryption secret to access the original file and check its authenticity.
1.4 mintBlue’s software development kit: mintBlue’s SDK allows the User to integrate the mintBlue API more easily. The API endpoints are wrapped with convenience functions allowing the User to integrate mintBlue easily into projects. It also contains all the tools needed to do cryptographic operations, using the User’s non-custodial keys, allowing the User to effectively and securely own their data.
1.5 Zapier integration: mintBlue also enables Zapier integration. Zapier is a no-code platform that allows end users to integrate 3000+ popular applications. mintBlue’s Zapier integration allows users to connect all those applications to the blockchain.
1.6 Encryption: The User’s data can be encrypted with mintBlue. Meaning, the User’s data is encrypted with the User’s keys before they leave the User’s device or server. The User’s keys are available only to the User. Only the User can access this data.
2. Applicability and opposability of these general terms and conditions
2.1 The access and use of the Platform, the sale and purchase of subscriptions, services and products of mintBlue by the user (the “User”) is subject to acceptance without modification of all terms and conditions contained herein. By clicking the “I agree” button, the User declares to have read and agrees that their use of the Platform is exclusively governed by these general terms and conditions. If the User does not agree to any provision of these general terms and conditions, the User may not access and use the Platform in any manner.
2.2 The most recent and applicable version of the general conditions is always available on the Platform or the website mintblue.com (the “Website”). The general terms and conditions provided at any time apply at that time to the use of the Platform, the Website and the services of mintBlue.
2.3 These terms and conditions may be updated and/or adapted from time to time by mintBlue. Under no circumstances will other general conditions apply to the Platform and/or the activities of mintBlue and the general conditions of mintBlue always prevail over other general conditions. mintBlue reserves the right to adapt the Platform, including adding, removing or discontinuing, temporarily or permanently, any tool, service or other feature of the Platform without any liability against the User or any third parties.
2.4 The invalidity or unenforceability of any one article or stipulation of the present general terms and conditions shall not result in the invalidity or unenforceability of any other provision thereof or of the general terms and conditions as a whole. In the event that the validity or enforceability of any provision of these general terms and conditions is jeopardised or seriously challenged, mintBlue and the User undertake to do whatever is reasonably necessary or advisable, including effecting such applications or filings, or restructurings of the provision in question, so as to be able to lawfully maintain such provision in full force and effect or to substitute another provision that has economically substantially the same effect.
2.5 Except as expressly provided otherwise in these general terms and conditions, neither any failure nor any delay by mintBlue in exercising any right, power or privilege under these general terms and conditions or any of the documents referred to herein shall operate as a waiver of such right, power or privilege, and no single or partial exercise of any such right, power or privilege shall preclude any other or further exercise of such right, power or privilege or the exercise of any other right, power or privilege.
3. Access to mintBlue’s Platform
3.1 The User must create a user account and profile with mintBlue via the Platform when the User first accesses and uses the Platform. The User agrees to provide complete, current, accurate and truthful data during registration and use of the Platform. The User is obliged to inform mintBlue about changes without delay and to change or update their data immediately. mintBlue reserves the right to require the User to submit additional information and/or documents to enable mintBlue to verify the User’s identity and assess business risk.
3.2 The User may close their account at any given time. This does not affect the User’s obligation to pay any fees incurred, if applicable, before closure.
3.4 If the User’s account remains inactive for more than 12 consecutive months, mintBlue reserves the right to suspend the account and automatically disable processing capabilities.
4. Subscription – licensing
4.2 The license term is one month and this term will automatically renew at the end of the license term. To prevent renewal of the license, the User must give a notice of non-renewal before the end of the then current license term.
4.3 The User may register for a free trial enabling the User to use the Platform on a trial basis free of charge. Notwithstanding, charges may apply for certain transactions. The free trial lasts until the end of the free trial period as agreed or indicated or the start date of a paid license. Unless the User purchases a license before the end of the free trial, all the User’s data may be permanently deleted at the end of the trial without the possibility of recovery.
4.4 The User agrees to use the Platform only for its intended use as set forth in these general terms and conditions and within the limits of the applicable law. The User is prohibited from (or allowing any third party to) copying, adapting, altering, translating or modifying in any manner the Platform or underlying software; leasing, renting, loaning, distributing, or otherwise transferring the Platform to any third party; decompiling, reverse engineering, disassembling, or otherwise deriving or determining the software code (or the underlying ideas, algorithms, structure or organization) of the Platform; gaining unauthorized access to accounts of other Users or use the Platform to conduct or promote any illegal activities; use any high volume automatic, electronic or manual process to access, search or harvest information from the Platform (including without limitation robots, spiders or scripts); use the Platform for any unlawful, invasive, infringing, defamatory or fraudulent purpose; or remove or in any manner any technical or other protective measures in the Platform.
5. Offers, Orders and Prices
5.1 Any offer is made by mintBlue without obligation, can be adapted or withdrawn by mintBlue and is valid while it lasts. A contract is only validly concluded when the User expressly accepts the offer of mintBlue, or when the User receives, when placing or forwarding the order electronically, online, by e-mail or otherwise, an order confirmation from mintBlue.
5.2 The prices mentioned on the Platform or elsewhere are for information purposes and are indicated in euros. mintBlue reserves the right to change the prices mentioned in the Platform at any time. Nevertheless, the services are charged based on the rates in effect at the time the order was accepted. The prices shown in the Platform are inclusive of VAT. The prices listed are the total price or rate to be paid by the User including any delivery or shipping costs for deliveries within the EU. Additional costs associated with the User’s choice of payment option may be charged by mintBlue.
5.3 No rights can be derived from apparent misprints or typographical errors in (online) catalogs or price lists. Regarding the accuracy and completeness of the information offered, mintBlue is only bound to a means commitment.
5.4 All taxes, duties and/or levies, of any kind, relating to the delivered services , including new taxes, duties or levies that may be introduced after the conclusion of the agreement, shall be borne in full by the User. Under no circumstances shall the application of new taxes, duties or charges give the User the right to terminate the agreement.
6.1 In consideration for the access to and use of the Platform as set out in these general terms and conditions, mintBlue will charge the fees as displayed on the Platform.
6.2 Unless expressly agreed otherwise, payment is made electronically when placing the order through the payment module(s) made available to the User in mintBlue’s Platform. If payment is made through the intervention of a third-party service provider, only the conditions of this third-party service provider apply and mintBlue bears no responsibility in this regard. The final execution of the order starts after full payment by the User of all that is owed in return to mintBlue. Only in exceptional cases, and with the prior written agreement of mintBlue, payment can be made afterwards, in which case mintBlue reserves the right to charge the User an advance. In case of subsequent payment, the invoices are payable no later than 15 days after the invoice date. Costs associated with payment shall be borne solely by the User
6.3 If the User does not meet his or her payment obligation(s), he or she shall, after being reminded by mintBlue and after the User was offered a period of 14 days to still meet the payment obligations, after the non-payment of the amount still due, owe default interest at the statutory interest rate and mintBlue is entitled to charge the extrajudicial collection costs incurred by mintBlue. These collection costs amount to a maximum of: 15% on outstanding amounts up to EUR 2,500.00; 10% on the following EUR 2,500.00 and 5% on the following EUR 5,000.00 with a minimum of EUR 40.00.
7. No right of withdrawal
7.1 By accessing the Platform and subscribing to mintBlue’s services, the User immediately obtains full access at that time to the services of mintBlue and such services shall then be considered to be or have been provided fully on the express request or pursuant to the express consent of the User whose right of withdrawal shall therefore lapse at such time and/or the right of withdrawal expires with the beginning of the execution. By accessing the Platform and subscribing to mintBlue’s services, the User expressly confirms that the execution of services has begun with the explicit prior consent of the User and that the User has declared that he or she therefore loses the right of withdrawal.
7.2 In cases where the User, in the capacity of consumer (i.e. as a natural person acting for purposes outside his trade, business, craft or profession), nevertheless would be entitled to a right of withdrawal; the User then has the right to withdraw from the contract within a period of 14 calendar days without giving any reason. The revocation period expires 14 calendar days after the day on which the User receives full access to the mintBlue services subscribed to.
7.3 To exercise the right of withdrawal, the User must inform mintBlue of the decision to withdraw from the contract by means of an unequivocal statement (by registered mail or by e-mail). In order to comply with the withdrawal period, the User must send his communication concerning the exercise of the right of withdrawal before the withdrawal period expires.
7.4 If the User withdraws from the contract, mintBlue will refund to the User all payments received from the User up to that time, in respect of the returned product, and that unless otherwise agreed by means of the same means of payment with which the User had paid.
8.1 To the maximum extent permitted under applicable law, mintBlue shall not be liable for any damages unless resulting from mintBlue’s gross negligence, willful misconduct or fraud committed by mintBlue.
8.2 Should the liability of mintBlue be established, mintBlue’s liability will be limited to direct and material damages, excluding amongst others loss of profit, turnover, loss of income, production limitations, administration or staff costs and/or claims from third parties. mintBlue’s liability will in any case be limited to the fees paid to mintBlue during a period of 12 months prior to the occurrence giving rise to the liability or to the coverage limit of the liability insurance minus incurred costs.
8.3 mintBlue is legally released and not obliged to fulfill any commitment/indemnification in case of force majeure. Force majeure means the situation in which the implementation of the agreement, in whole or in part, temporarily or otherwise, is prevented by circumstances beyond the control of the parties, even if these circumstances were already foreseeable at the time of the conclusion of the agreement. mintBlue is not obliged to prove the unaccountable and unforeseeable nature of the circumstance constituting the force majeure.
The User agrees to defend, indemnify, and hold harmless mintBlue and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) use of and access to the Platform; (ii) violation of any of these terms and conditions, including without limitation, breach of any of the representations and warranties; (iii) violation of any third-party right, including without limitation any right of privacy, rights of publicity or any intellectual property rights; (iv) violation of any law, rule or regulation; (v) any claim or damages that arise as a result of any content the User submits; or (vi) any other party’s access and use of the Platform with the User’s unique username, password or other appropriate security means.
10. Intellectual property rights
10.1 The products and services provided by mintBlue as well as the content and all parts of the Platform (including brands, logos, designs, drawings, data, product and / or company names, texts, images, software, etc.) are protected by intellectual rights (including copyright and trademark rights) belonging to mintBlue or third parties who have authorized their use to mintBlue. The User is not entitled for any reason whatsoever to modify, copy, distribute, transmit, distribute, re-offer, reproduce, publish, license, transfer or sell any information or content obtained nor to create derivative works from the aforementioned elements. The provision of products or services by mintBlue does not imply any transfer or making available of its intellectual rights. Any infringement of the intellectual rights may be prosecuted under civil and criminal law in accordance with the applicable legislation.
10.2 mintBlue’s API’s are the copyrighted technology of mintBlue and may not be copied, imitated or used, in whole or in part, outside of the API’s intended use. mintBlue retains all its rights related to its databases, Platforms, graphics, software, applications, programs, code, etc. – including chat text, the content of mintBlue emails, and data such as transaction prices – developed or provided by mintBlue or its affiliates which can be acquired by various external APIs. mintBlue may demand any third party stop using mintBlue’s API for any purposes not authorized by mintBlue.
10.3 mintBlue may display third-party content, advertisements, links, promotions, logos and other materials on or through the Website. mintBlue does not control, endorse, sponsor or adopt any third-party content or any third parties referenced on the Platform, and mintBlue makes no representations or warranties of any kind regarding such third-party content, including, without limitation, regarding its accuracy or completeness. The User’s interactions with third-party content, and any third party that provides third-party content, are solely between the User and such third parties, and mintBlue is not responsible or liable in any manner for such interactions or third-party content. When the User leaves the Platform and enter a third-party site or service, mintBlue’s terms, conditions and policies do not apply.
11. Use of personal data
12. Applicable law and venue
These general conditions, as well as all other agreements between mintBlue and the User, are exclusively governed by Belgian law, with the exclusion of the Vienna Sales Convention. All disputes between parties regarding this agreement, and all other agreements resulting from it, fall under the exclusive jurisdiction of the courts of the judicial district of Antwerp, Antwerp division.