1. Legal information and parties

These terms and conditions contained in this document regulate the use of the crypto-asset market service (hereinafter, the "Service") offered through the Goin mobile application (hereinafter, the "Application"), to users (hereinafter, the "User" or "Users") who wish to access the Service that Prakma Innovation, S.L. (hereinafter, "Prakma") makes available to you in order to enable the contracting of said specific service.

Prakma Innovation, S.L. is registered in the Register of providers of virtual currency exchange services for fiat currency of the Bank of Spain, with coding number D839, in accordance with the provisions of the second additional provision of Law 10/2010, of April 28, on the prevention of money laundering and the financing of terrorism.

These terms and conditions (hereinafter, the "Terms") are independent of the General Terms and Conditions of the Application (hereinafter, the "General Terms and Conditions of the Goin App"), with this document prevailing over said General Terms and Conditions of the Goin App in case of contradiction, confusion or inconsistency. However, any provision contemplated by the General Terms and Conditions of the Goin App will be incorporated by reference and subsidiarily into this document.

Users must carefully read these Terms in the Application on each occasion that Prakma requires it through the same Application. The User is informed that this document may undergo modifications without prior notice, although in the event that this happens, they will be duly informed the next time they use the Service.

For the purposes of these Terms, a User of the Service is considered to be anyone who has previously registered and is using the general services of the Application, and uses the Service detailed above having accepted the conditions of these Terms. Anyone who only uses the other functionalities of the Application will not be considered a User of the Service. The use of the Service is not permitted to anyone who does not accept these Terms.

The user is informed that, in relation to the provision of the Service, Prakma has entered into collaboration agreements and outsourced the following functions of the Service:

• Payment Services: any activity or functionality related to the transfer of funds or payment services will be provided by Prisma Payments EP SA., a company incorporated under Spanish law, with CIF A85785905, registered office at Calle Leganitos 47 9ª Planta, 28013 Madrid, Spain, and registered in the Mercantile Registry of Madrid in Volume 27,111, Folio 157, Section 8ª, Sheet M-488,476, inscription 1ª (hereinafter "Prisma Pay"). Prisma Pay is a payment service entity authorized to provide all payment services regulated in Law 16/2009 of November 13, on payment services, and is subject to the supervision of the Bank of Spain and registered in the Official Register of Payment Institutions of the Bank of Spain under number 6849.
• Cryptocurrency trading: the cryptocurrency trading functionality will be provided through the following platforms (hereinafter, jointly or indistinctly, the "Trading Platform" or the "Liquidity Providers"):
  
  
  
  • Bitstamp Europe S.A. (hereinafter, Bitstamp) is incorporated in the Grand Duchy of Luxembourg with company number B196856 and has its registered office at 40, avenue Monterey, L-2163 Luxembourg, Grand Duchy of Luxembourg. Bitstamp is a crypto-asset service provider with license number N00000003, and a payment institution with license number Z00000012, authorized and regulated by the Luxembourg financial regulator, the Commission de Surveillance du Secteur Financier («CSSF»). Direct link to the Bitstamp website.
  • Bitcoinforme, S.L. (hereinafter, "Bit2Me"). Bit2Me is a company incorporated under Spanish law, with NIF B-54835301, registered office at Calle Castelló 66, 28001 Madrid, Spain. Bit2Me is registered in the Bank of Spain Registry as a provider of virtual currency exchange services for fiat currency and electronic wallet custody under number D592. Direct link to the Bit2Me website.

For these purposes, Prakma will assign each cryptocurrency offered to a single Liquidity Provider, prioritizing market availability and operational security criteria. Consequently, each crypto-asset will be available for trading and custody exclusively with one of the mentioned providers (Bitstamp or Bit2Me), and said assignment cannot be modified at the User's choice. Prakma reserves the right to change the Liquidity Provider assigned to a specific cryptocurrency when it deems it convenient to guarantee the continuity of the Service, particularly if the original provider is unable to perform its functions.

2. Risks

Prakma informs Users that the Service involves a high risk, as well as the inherent possibility of losses - total or partial - of their investment as a result of the purchase, sale or trade of anything in a market. These changes directly affect its valuation, and may even reach zero.

Unlike fiat money, cryptocurrencies are not backed by issuing entities, central banks, federal reserves, or other types of official entity or asset. Cryptocurrency and other digital asset markets are subject to much higher degrees of volatility than other markets, so the price of cryptocurrencies can have large fluctuations at any time and in very short periods of time, making the total loss of the value of the acquired asset possible.

Insofar as the third parties detailed in these Terms are used for the provision of the Service, it is possible that due to specific situations the Service may be unavailable for an indefinite time due to technological, maintenance and other unforeseen conditions that do not depend on Prakma.

Prakma recommends carefully considering market conditions, personal financial circumstances, and any other risk not included in these Terms before operating through the Application. Prakma does not recommend the use of the Service to any User who has doubts about the risks associated with investing in cryptocurrencies.

In particular, the User declares to know and assume the following risks, among others:

• High volatility: the value of crypto-assets can experience extreme fluctuations in very short periods.
• Technological risk: possible failures in the blockchain network, in the Application's systems or in third-party providers.
• Regulatory risk: changes in the legal framework may affect the availability or conditions of the services.
• Custody risk: although custody is managed by a third party, the loss or theft of cryptographic keys could lead to the irreversible loss of the crypto-assets.

Prakma will not be responsible for any partial or total loss of value of the cryptocurrencies acquired by the User or for the result of the buy and sell orders placed by the User via the Application.

3. Contracting process

To contract and access the Service, the User must be a natural person, of legal age, be registered in the Application and accept these Terms without reservation, as well as the General Terms and Conditions of the Goin App, after reading them, and undertake to make diligent use of the Application and the Service in accordance with the stipulations of these Terms and the applicable regulations at all times.

Those Users of the Application who wish to contract the Service must access it through the option enabled in the Application. Before proceeding to contract the Service, the User must comply with the registration processes established in accordance with the applicable regulations at all times, the data processing of which is regulated under these Terms and our Privacy Policy. Prakma reserves the right to block the option to access the Service to those users who have presented a financial profile with low risk tolerance or with clearly insufficient knowledge.

The use of the services is conditioned on the express acceptance of these Terms by the User, who declares to be of legal age, have sufficient legal capacity and, where applicable, have passed the identity verification (KYC) procedures required by the applicable regulations.

4. Service

Once the Service has been contracted, Prakma will offer Users the possibility of investing the money deposited in their virtual wallets in cryptocurrencies. The cryptocurrencies available for purchase or sale will be those that are listed and enabled in the Application interface at all times. Prakma reserves the right to add or remove cryptocurrencies from said list without prior notice, depending on market availability or strategic decisions. Users will decide at their own risk which cryptocurrencies to acquire or sell, as well as the amount paid for their acquisition or sale.

The User's buy and sell orders will be executed by Prakma on the Crypto Trading Platform assigned to each cryptocurrency. All cryptocurrencies acquired by Users will be held in omnibus virtual wallets administered by Prakma hosted on the corresponding Trading Platform. However, Prakma will maintain an internal accounting record (Ledger) updated in real time that will allow the individualized identification of the ownership of the assets corresponding to each User, guaranteeing the logical segregation of the Users' assets from Prakma's own funds.

Users will not have any type of direct contractual relationship with the Trading Platform or with any external personal virtual cryptocurrency wallet through the Application. Prakma will not be responsible for the loss of cryptocurrencies hosted on the Trading Platform as a result of attacks on said Platform or due to its incorrect operation.

Following the Users' instructions, Prakma will execute the buy and sell orders at the current quotation price at the moment it receives the order from the corresponding provider. Due to the volatility of cryptocurrency markets and order execution processes that depend on the technology of financial entities and third parties, Prakma does not guarantee the User that the purchase or sale price will be the same price indicated at the time the User introduces the corresponding order within the Application, because the transmission of buy and sell orders from the Application to the Trading Platform is not instantaneous and could suffer occasional delays due to incidents with the operation of the Trading Platform APIs.

5. Data Protection

The provision of the Service involves the processing of the User's personal data by Prakma. In particular, the following: full name, valid and current identification number (residence card, ID, passport or valid and current identification document from the country of origin that includes a photograph and signature), nationality, date of birth, valid postal address, email address, mobile phone, a current account number opened in the User's name in a credit institution domiciled in the European Union, "login" or user identifier, password, information to verify the User's identity and residence, information related to communications with Prakma, information related to how the User uses the Service, circumstance and reason for the rejection and/or refusal of a payment order and the procedure for correcting possible errors, amounts transferred and received, credits, charging of commissions and fees, number and type of cryptocurrencies acquired and/or sold.

‍Prakma needs to process this information for the provision of the Service and, in particular, to comply with mandatory financial regulations and those on the prevention of fraud, money laundering and terrorist financing, as well as to be able to defend itself against possible petitions, claims or liabilities for damages or sanctions that may be claimed in relation to illicit acts or the infringement of third party rights. This includes the transfer of said data to the competent authorities, as well as to the collaborators and subcontractors of Prakma (where applicable, the corresponding international transfer subject to the guarantees of compliance in this matter that they may make, just like Prakma, based on the legitimate interest in subcontracting certain functions) identified in these Terms for the purposes of providing their respective functions, such as Prisma Pay, Bitstamp and Bit2Me.

The legal basis for the processing is the contractual agreement of these Terms, as well as for compliance with mandatory regulations in the matter and, in any case, the legitimate interest in being able to use third parties in the provision of the Service. The duration of the processing of your data is throughout the period of the contractual provision and, in any case, up to 10 years after the regulatory responsibilities have expired.

To exercise the Users' rights and obtain additional information on data protection, consult our Privacy Policy.

6. Service Restrictions and Availability

The cryptocurrencies acquired by Users will not be transferable to any other account or wallet. In the event that the User wishes to withdraw their funds in cash, they must order it through the Application. There will be limits on the amount of cryptocurrencies that can be acquired by a User, which may be set and modified by Prakma depending on the market situation at all times.

Prakma reserves the right to interrupt access to the Service at any time and without prior notice, whether for technical, security, control, maintenance reasons, power failures or any other founded cause that depends on third parties. Consequently, Prakma does not guarantee the reliability, availability or continuity of the Service, without, at any time, Prakma being held responsible for the discontinuity or lack of availability of the Service.

Prakma will not be responsible in case of interruptions of the Service, delays, errors, malfunctions of the same and, in general, other inconveniences that have their origin in causes beyond the control of Prakma, particularly due to the actions of third parties, and/or due to malicious or negligent action by the Users and/or are caused by force majeure. Without prejudice to the provisions of article 1105 of the Civil Code, the concept of force majeure will also include, for the purposes of these Terms, all those events that occur outside the control of Prakma, such as: failure of third parties, operators or service companies, acts of government, lack of access to third-party networks, acts or omissions of public authorities, those others produced as a result of natural phenomena, blackouts, etc. and the attack of hackers, crackers or other third parties on the security or integrity of the computer system. In any case, whatever the cause, Prakma will not assume any responsibility either for direct or indirect damages, consequential damages and/or for loss of profit.

7. Exclusion of Warranties

Prakma will not be responsible in any case for the provision of the Service and any incidents regarding the products and/or services contracted by the User via the Application, since third parties are those who actually provide and are responsible for said products and/or services.

Prakma excludes any responsibility for damages of any nature that may be due to the lack of veracity, accuracy, completeness and/or timeliness of the third-party content transmitted, disseminated, stored, made available or received, obtained or to which access has been gained through the Application, nor for the content provided or offered by third parties or entities. Prakma will try as far as possible to update and rectify that information hosted in the Application that does not comply with the required guarantees of veracity. However, it will be exempt from liability for its non-update or rectification, as well as for the content and information posted therein, provided that the inaccuracy of the content is attributable to third parties.

Notwithstanding all the foregoing, Prakma recommends the User to keep the device with which they use the Service updated and in good condition to ensure the correct functioning of the Application. Prakma is not responsible if Users cannot use the content and Service due to the obsolescence of their devices.

Subsidiary to everything indicated in this point, the provisions of point 5 on the exclusion of warranties and liability of the General Terms and Conditions of the Goin App will be followed.

8. Fees and Minimum Investment and Withdrawal

Transactions may be subject to minimum/maximum operation amounts and commissions depending on your Application plan. For more information on these conditions, consult the Plans and Commissions section in the General Terms and Conditions of the Goin App.

If you decide to close your Goin account, any remaining balance below the established minimum operating limits will be lost and will be treated in accordance with the Goin account cancellation conditions, as explained in the "Cancellation of service and right of cancellation" section of the General Terms and Conditions of the Goin App.

9. General Provisions

In the event that any of the precepts or clauses of this document becomes illegal or unenforceable, the validity and effectiveness of all other provisions that will remain in full force and effect will be maintained.

10. Customer Service

Prakma has a Customer Service in accordance with applicable regulations. The User may address complaints and claims related to legitimate rights and interests in their favor to said Service by email through the standardized model included as Annex III to the address indicated below:

Customer Service

Email: contact@goin.app

The Customer Service may resolve the claims presented by the User through their email validated by Prakma.

11. Jurisdiction and Applicable Law

The relationship between Prakma and the User will be governed by the points contained in this contract, subject in all cases to current Spanish regulations.

The Parties expressly submit, at their choice, for the resolution of conflicts and waiving any other jurisdiction, to the courts and tribunals of the User's domicile.