Legal Information and Parties

These terms and conditions (“T&Cs”) govern the access and use you make of the services offered through the Goin app, which Prakma Innovation, S.L.U. (hereinafter, "Prakma") makes available to you, once you have completed the registration process and we have validated your user account. Therefore, the purpose of these T&Cs is to provide information about the savings, investment, cryptocurrency trading services, and any other products and services offered by Prakma and/or our financial sector partners through the Goin app, as well as to facilitate their contracting through the Goin app (hereinafter, the "Services"). By downloading, registering, and using the Goin app you acquire the status of User. The use of the Goin app implies that you accept all the conditions included in the text of these T&Cs, our Privacy Policy and the rest of the specific conditions, both our own and third-party, applicable to the Services which, where applicable, replace, supplement and/or modify these T&Cs and which are linked to this text via the corresponding hypertext links (collectively, the “Legal Texts”). As a User of the Goin app, you acknowledge that you are of legal age with sufficient capacity to acquire the obligations arising from your actions, and that you have read, understood, and accepted the content of the Legal Texts.

Prakma reserves the right to modify the Legal Texts at any time, communicating this individually and with sufficient advance notice regarding the proposed effective date of the modification (hereinafter, "Effective Date"), either via email or upon your next access to the Goin app so that you can review and accept the new Legal Texts. In this sense, the new Legal Texts are considered accepted by the User if, after the Effective Date has passed, the User has not unsubscribed from the Service. It will be understood that you accept the modifications proposed by Prakma, applying them from the Effective Date, unless a different effective date is specified in the corresponding modification.

Registration in the Goin App and Account Security

Contracting the Services provided and products offered through the Goin App requires prior registration and creation of a personal user account. To do this, we will ask you to provide us with a series of personal information about your identity, contact details, and to link your online access credentials for your bank account and card to your Goin account. Basically, this information is essential to operate the Goin app, ensure the security of your money and your user account, and allow us to comply with regulatory obligations. You can obtain more information about the processing of your personal information in our Privacy Policy. In any case, the bank credentials to access your online account are read-only, and under no circumstances can Prakma make any type of movement or operation without you having expressly ordered it beforehand through the Goin app Services. Prakma will not be responsible in any case for any incident that may arise from the theft or appropriation by third parties of the banking information provided by Users. By registering, you commit to providing truthful data during the registration process, refraining from and assuming any responsibility for damages that may arise as a result of providing any false or inaccurate information, third-party data without their authorization, or carrying out any type of activity that could be considered fraudulent or intentionally cause confusion or impede the proper functioning of the Goin App. Prakma reserves the right to cancel your Goin account at its sole discretion when there are indications of illegal, fraudulent, or harmful use of your Goin account that endangers the proper functioning and security of the Goin app, its Users, or any third party. Your personal account will be linked to your phone number and the password you chose during the registration process, which you will have to enter each time you access the Goin app, for security reasons, as a means of User identification and authentication in the system. We inform you that this password will be stored in the local memory of your device, so Prakma does not keep or have access to the password selected by Users. Consequently, it is your duty to maintain confidentiality and diligently safeguard said password, and you will be responsible for any access or use of your Goin account by unauthorized third parties, with full indemnity for Prakma. If you do not remember your account access password, you will have to contact Prakma (contact@goin.app), providing a copy of your ID, along with your phone number and email associated with your account in the Goin app. Once we have verified your information, we will contact you to give you the necessary instructions to reset your password and reactivate the session. If you suspect theft or use of your password by third parties, or if you have lost or changed your mobile phone, contact Prakma as soon as possible via the email address contact@goin.app, to manage this incident. To do this, we will request information to prove that you are the owner of the account, either by showing an invoice, a bank statement, or any other document that ensures ownership of the mobile phone number or any other information we deem relevant.

Description and Conditions of Use of the Services

Goin is an app for mobile devices and/or tablets that allows you to save and accumulate money automatically, get rewards for your purchases, and invest easily without needing prior knowledge. The application is free to use up to certain limits and with the exception of small fees for specific Services, about which we will inform you through the Goin application, allowing us to maintain and continue improving our Service. For more information on these conditions, consult the Plans and Fees section below. By registering in the Goin app, you will become the holder of a virtual payment account where the money transferred through saving methods and that generated through Investment Services will be deposited. A virtual payment account is understood as software for storing, receiving, and sending money, supported by a bank account and intended for payments to third parties. Virtual payment accounts safeguard the funds received from your bank account for future payment operations, including the services detailed in the following sections; and are created through Easy Payment and Finance, EP, S.A.U. (hereinafter, the "Payment Service Provider"), with registered office at C/ Alonso Heredia, 2, 28028, Madrid, registered in the Mercantile Registry of Madrid, Volume 27111, Folio 157, Section 8, Sheet M- 488476. The Payment Service Provider is an entity authorized by the Bank of Spain and is registered in the Official Register of Payment Entities of the Bank of Spain under number 6849. The money transferred to your virtual payment account in the Goin app will be accessible by you at all times. We inform you that, for reasons external to Prakma, the arrival of money from your bank account to your virtual wallet in the Goin app may take up to 72 business hours. Withdrawals to bank accounts will attempt to be made immediately by default, subject to bank availability and/or service availability. If an immediate transfer is not possible, a standard transfer will be made. The application will inform in advance of the sending speed before executing the transfer, although this is not binding. All operations will be subject to rigorous fraud prevention and money laundering controls, which may delay the arrival of money to the bank account. Transfers from Goin to your bank account can only be made to bank accounts held by you. If we cannot verify this information automatically, we may request a certificate of bank ownership and/or reject the withdrawal. Part of the personal information (name and first letter of the last name) and activity in the application (day the Goin account was created, changes in the status of savings goals, and the name of the methods activated) will be defaulted as public and can be seen by any logged-in Goin user. This privacy setting can be modified at any time from the privacy section in your Goin account settings. Below we show a description of the Services we offer through the Goin app, so you can make your decisions with sufficient information on how to manage your money before contracting any of the Services. We recommend that you read our Privacy Policy to know what data we need to provide these Services and how we use them. However, you can supplement this information with the details we publish in the Goin app and by contacting Prakma through the contact means we provide.

Saving Methods

The Goin application allows you to set savings goals and saving methods (such as those detailed below) to transfer money from your bank to the Goin application and accumulate it there. Your account may be subject to specific limits per method or global limits depending on your plan. For more information on these conditions, consult the Plans and Fees section below. To activate these saving methods, it is necessary that you activate in your Goin account (i) a bank account that allows us to view your bank account movements, apply automatic saving methods to these movements, and verify your identity so that no one can withdraw your money into another bank account; and (ii) a bank card to transfer your savings from your bank account to your Goin account. Prakma will check that the bank credentials are truthful and that it is possible to consult your account, in which case the registration will be considered valid. We remind you that the provided bank credentials are read-only, making it impossible for Prakma to make any type of movement or transfer without your authorization. All generated savings amounts will be transferred to your Goin account. Your savings are deposited when their total amount is €5 or more. When the sum does not reach €5, the charge is paused until it is reached with new movements, or when 5 days have passed since the first pending saving. These criteria are subject to change without prior notice. For the most up-to-date information, you can request it through our support channels. You can withdraw these savings via SEPA transfer to your bank account by accessing the Transfers page from the 'Home' section of the Goin app, selecting the amount and the account from which you want to withdraw your savings. Your account may be subject to specific limits and costs depending on your plan. For more information on these conditions, consult the Plans and Fees section below. When a Saving Method is activated, the user authorizes Goin to charge the savings amounts generated by said method to their bank card accordingly. In case of a dispute regarding a charge processed by Goin's payment processor, whether the dispute is won or lost, the expense will be debited from the user's Goin account to cover it. For more information on disputes, consult the User Responsibilities and Prohibited Uses of the Services section below.

Sending Money to Other Goin Users

From the transfer menu of the Goin app, you can send money to other Goin users. Sending money is designed to facilitate payments of small amounts between trusted contacts and not for commercial transactions. All operations will be subjected to rigorous fraud prevention and anti-money laundering controls. If misuse of this functionality is identified, Prakma reserves the right to block any action and even close an account. Your account may be subject to specific transfer limits depending on your plan. For more information on these conditions, consult the Plans and Fees section below.

Investment Methods

The Goin app offers different investment Services detailed below. We inform you that Prakma does not have its own license to provide advisory or intermediation services in financial investment matters and that the Services offered related to financial products under the supervision of the CNMV will be provided through different partners who have the required licenses or authorizations, as the case may be. To be able to contract investment Services, we need to validate your identification to comply with KYC (Know Your Customer) regulations and other regulatory obligations, for which we require you to provide a valid identity document and that you have synchronized your bank account and credit or debit card previously validated by Prakma to add the money you wish to invest in the investment method of your interest. You can transfer it from any of your savings pots or directly charge your card, in accordance with our Privacy Policy. The investment methods we offer are as follows:

• Cryptocurrency Trading: Cryptocurrencies are virtual currencies that can be exchanged and traded like any other traditional currency, but they are not regulated, so they are outside the control of governments and financial institutions and are not guaranteed in any way by Prakma or third parties. For the cryptocurrency service, we work with the cryptocurrency trading platform Bitstamp Europe S.A., a company authorized and regulated in Luxembourg that offers the cryptocurrency exchange platform services used by the Goin app. Through the "Crypto" section of the Goin app, we offer Bitstamp prices in real time and calculate a Volume Weighted Average Price (VWAP) considering market volatility and volume; you can follow the evolution of the value of cryptocurrencies in real time. The request to buy or sell cryptocurrencies in the Goin app will be considered and treated as an instruction given by you to the Goin app to carry out the transaction on your behalf. By requesting the purchase of cryptocurrencies, and if successfully executed, you will have the right to the financial value of the cryptocurrencies we have purchased for you, and therefore you can freely decide when and how much to instruct us to sell them. Cryptocurrency purchase and sale transactions are subject to minimum/maximum fees calculated as a percentage of the total amount of each transaction depending on your plan. However, it is important to note that these fees may differ in exceptional situations, such as blockchain network congestion, high demand, or dynamic fees that adjust automatically based on market conditions. In such circumstances, the final fees could exceed or fall below the standard minimum/maximum fee. For more information on these conditions, consult the Plans and Fees section below. Contracting this Service will be done through the Goin app with an account at Bitstamp opened in the name of Prakma Innovation SL and is fully subject to acceptance of the Bitstamp Terms and Bitstamp Privacy Policy, available for consultation in the Goin app at all times and which will prevail over these T&Cs in case of conflict.
• Note: Investment in crypto-assets is not regulated, may not be suitable for retail investors, and the entire amount invested may be lost. It is important to read and understand the risks of this investment, which are explained in detail here.  

Reward Methods

Prakma carries out various reward mechanisms for its users both through the Goin app and promotional campaigns on different communication channels. The duration of these mechanisms and promotions, as well as their conditions, are indefinite until Prakma decides otherwise. Prakma reserves the right to:

• Grant rewards in monetary value or virtual points, as well as modify the amounts of these rewards at any time, without prior notice.
• Establish or modify conditions and/or restrictions for the redemption or withdrawal of these rewards, without prior notice. If they exist, these conditions and/or restrictions will be communicated in the Goin app or through one of the relevant communication channels (email, push notification, in-app message, or social media).
• Establish or modify expiration times or conditions for rewards. Any change must be communicated at least 30 days in advance through the Goin app and/or one of the relevant communication channels (email, push notification, in-app message, or social media). Expired rewards will be returned to Prakma.
• Withdraw or not deliver rewards in case of detecting fraudulent use of the Goin app or the reward and promotion mechanisms. Fraudulent use is understood as any form or method of referring other Users who are not actually human (bots), are Users with false identities, or the data entered is false. The conditions established for transferring or converting your rewards, as well as their expiration time, are determined based on your plan. For more information on these conditions, consult the Plans and Fees section below. Some more specific conditions for these reward mechanisms are detailed below:

Contests and Promotions

For the proper management of these campaigns and fraud prevention, Prakma will keep the necessary information to identify the number of accounts being added or any other data necessary for such verification, even when Users unsubscribe from the Service and for the time deemed appropriate in terms of fraud prevention. If you wish to participate in contests and promotions, you must comply with the conditions, and read and accept the special terms and conditions for each one.

Invitations -- Referrals

Prakma will reward you for each new User referred by you who registers in the Goin app (understanding a new Goin app User as one who registers for the first time with a new unique personal identifier). We will also reward your guest, provided that both you and your guest meet the following conditions: Installation of the Goin App; Completion of profile data and registration; Entry of the personal invitation code; Both have reached their first 3 euros of savings using the rounding method.

Cashback

Thanks to collaboration with our partners, we close agreements with multiple businesses to offer rewards as refunds when you buy in their establishments and/or acquire some of their products and services. Rewards can be an absolute amount or a percentage of the purchase amount and will be transferred to your rewards account in the Goin app once validated. The conditions, refund times, and amount are subject to individual agreements and offers between Prakma, our partners, and their commercial collaborators, so we cannot guarantee a specific refund amount or period, nor that the offers from our commercial partners will be available at all times. The application has two types of cashbacks:

• Link Cashback will only apply if the purchase occurs after accessing the merchant with the access button and the last cookie in the browser is that of our cashback partner. The cashback amount is generated on the price paid, excluding VAT, taxes, fees, duties, or shipping costs. Cashback will not apply, nor will claims be accepted: (1) if a discount code, coupon, and/or promotion not offered by Goin is used, (2) if the items were in the cart before accessing the merchant through the button, (3) if cash on delivery, installment payments, financing, in-store payments, bank transfer, or Bizum are used, or (4) if 21 days have already passed since the purchase date.
• Automatic Cashback: We don't want you to miss the opportunity to save on these purchases, so when you connect your bank account to the Goin app, we will automatically activate this method, so that when you make a purchase from one of our partners, we can validate this purchase and transfer the stipulated reward. Automatic cashback will only apply when the offer is visible in your app regardless of its start and end date, and provided the purchase is detected through automatic bank synchronization. Only purchases made with a debit card are valid (Apple Pay, Google Pay, PayPal or similar might not be valid) and must clearly contain the merchant's name in the transaction concept. Claims will not be accepted if 21 days have already passed since the purchase date. Furthermore, depending on the case, some partners require an accumulation of purchases made with your connected card in the Goin app to benefit from the cashback method. Therefore, if you have not managed to accumulate the mentioned purchases, you cannot unlock the corresponding cashback amount. On the other hand, if for any reason, one of the partners applying the cumulative method decides to end the collaboration with Prakma, you will be notified within a reasonable period. If this period ends and you have not managed to accumulate enough purchases, the corresponding cashback will not be applied to you. If for any technical reason or bank connection failure, we are unable to detect a cashback, Prakma reserves the right to manually apply or not apply the corresponding cashback once the purchase has been detected, as appropriate. You can obtain more information by consulting our Privacy Policy. Likewise, you can unsubscribe from this service by contacting Prakma.

Gift Cards

Goin also offers its users the option to buy virtual cards from numerous merchants at a reduced price when buying in their establishments and/or acquiring their products and services. The purchase of discounted gift cards is made directly in the Goin application. When selecting the desired card in the "Offers" section in the "Rewards" tab of the application, the User must enter the total face value corresponding to the gift card being purchased. Then, the reward will be calculated on the entered amount and displayed automatically. Each gift card has an applicable discount percentage and minimum and maximum purchase limits, depending on the merchant. Conditions and amounts are subject to individual agreements and offers between Prakma, our partners, and their commercial collaborators. The User will have the option to pay for the gift card purchase using different methods: Through funds directly from their cash account in Goin; Using funds from a selected Savings account; Recharging directly from their linked bank card in Goin; With available rewards previously generated in their Rewards account (if the User chooses this payment method, a new reward will not be generated). Once the User has confirmed their purchase, Goin will immediately deposit the rewards into their Rewards account. Then, the User will receive a code that must be used on the merchant's website following these instructions: The User must copy the gift card code generated within the Goin application, Register or log in to the merchant, and Follow the merchant's instructions to enter the code in the indicated section. It should be noted that the purchase of discounted gift cards is non-refundable and final.

Save by Playing

On various days, we publish a draw in the Goin app in which you can participate by correctly answering a question. Each of the possible answers is linked to a top-up amount that we will transfer to your savings pot in the Goin app based on the answer you selected. The winners of the draws will be published in the Goin app and on our social networks, and we will transfer the prize to your Goin account.

Paid Surveys

Through the Goin application, users can earn rewards by participating in and answering available paid surveys. Paid surveys are questionnaires provided by an external collaborator. When a user accesses paid surveys for the first time, the user must first accept the Terms and Conditions of this partner and enter specific information to determine which surveys best suit the user's profile. To benefit from the rewards, the user must select a survey to answer based on: The survey response time, The survey rating, and The amount to receive as a reward once the survey is completed. The survey consists of different multiple-choice questions and/or open-text answers. Throughout the survey, the user's answers will be analyzed and, if they do not match the survey's objective, the user's survey will be disqualified and closed. If the user's answers match the survey's objective and the user completes the survey, they will be awarded the corresponding reward amount for the answered survey. Once the user has finished the survey, Goin will immediately deposit the rewards into their rewards account. Please note that all information entered in the survey is provided by the user directly to the survey partner. Goin does not provide any user information to the survey partner. You can obtain more information by consulting our Privacy Policy.

Paid Microtasks

Goin users now have the option to earn rewards by playing and completing microtasks through games provided by a third-party collaborator in exchange for in-app rewards. Once the user accesses the 'Microtasks' section in the app, they must first enable 'Tracking Permission' in their mobile settings and then accept the Terms and Conditions of this collaborator. If the user chooses not to enable 'Tracking Permission' on their mobile, they can still play and complete microtasks; however, they will not receive rewards for the time played. A catalog of different games will be available within the Goin application for the user to choose from. Users can play several different games, not limited to playing only one until all tasks are completed. The user can select the game they wish to play based on: The maximum amount of rewards to receive per game, The number of tasks to complete per game, and The theme of the game. Each game consists of different microtasks and a specific number of proposed microtasks. Once each objective within the game is completed, rewards will be awarded within the app and credited to the user's Rewards account up to one hour after completing the task. Please note that all information entered in the game is provided by the user directly to the Microtasks collaborator. Goin does not provide any user information to the Microtasks collaborator. You can obtain more information by consulting our Privacy Policy.

Travel

Goin users have the option to make bookings within the application for flights, hotels, and flight + hotel packages through an external collaborator and earn in-app rewards in return. Within the "Offers" section of the application, users will find a travel section that will direct them to a webpage operated by our travel collaborator. There, they can select and purchase the desired product, such as flights and/or hotel stays, based on the origin, destination, dates, number of travelers, and rooms (in the case of hotel bookings) they choose. The webpage will provide the user with multiple options to select the one that best suits their needs. Once a product is chosen, payment must be made using their cash account and/or their rewards account within the Goin application. After completing the purchase, the rewards will be credited to the user's rewards account within up to one hour. The rewards earned are subject to the type of product purchased and the associated reward percentage. Goin provides basic user information to the Travel collaborator. You can obtain more information by consulting our Privacy Policy.

Plans and Fees

The basic functionalities of Goin can be used for free, up to certain limits and with the exception of certain transactions and/or functionality. Any transaction fees or non-free functionality will be disclosed in the application before you can execute such transactions or access such functionalities. For transaction fees charged in the Goin app, we work with a fintech and technology company, Prakma Finance SL, an entity linked to the same business group as Prakma that facilitates various activities within the application, including, among others, cryptocurrency exchange fees, SEPA transfer fees, inactivity fees, and subscription plan fees. These services are performed through the Goin platform and will be charged to the user upon their request by Prakma Finance SL. Different application plans will grant access to different general conditions as explained below:

Service Cancellation

Right of Withdrawal

You can cancel your account and User profile at any time from the settings section of the Goin application or through our support channels. From there, we will inform you of the steps to follow to proceed with your cancellation request securely. Keep in mind that before canceling your Goin account, you will have to deactivate all the saving methods you had activated and withdraw all your savings and funds, both from saving and investment methods. From Goin, we are authorized to deactivate all your saving methods if necessary to process the cancellation. We remind you that by deleting your Goin account, you agree to waive all types of rewards and future balances that could be generated by the past activity of your account. We inform you that simply deleting the Goin app from your devices (smartphone or tablet) will not constitute cancellation of the contracted Services; it is necessary to follow the procedure established in this clause. Once the Services are cancelled, you will not be able to access your data or any of your operations carried out through the Goin app. Prakma will proceed to return the money you had deposited in the Goin app to the bank account you linked in the Goin app. It is possible that during this cancellation process we ask you to fill out some type of form regarding your impressions and opinions about your experience with the Goin app, as your opinion helps us improve or correct any errors or inconveniences you may have experienced using the Goin app. You are completely free to complete and submit said form; Prakma cannot prevent the cancellation if you do not wish to respond. For the exercise of your data protection rights, without prejudice to what is regulated in Clause 9 of these T&Cs, the provisions of our Privacy Policy will apply. Without prejudice to all the above, you can exercise your right of withdrawal within the 14 calendar days immediately following the contracting of the Services offered by Prakma. To exercise this right, contact Prakma to handle your request and assist you in the process.

Politically Exposed Person (PEP)

A Politically Exposed Person (PEP) is an individual who has held or currently holds a prominent public function, as well as their family members and close associates, and it is recognized that they may be at risk of abusing their position to commit illegal activities such as money laundering or corruption. By law, we must verify if our users have political connections, but this does not imply that they are accused of criminal activity. If we determine that a user is a PEP, unfortunately, we will not be able to offer them service due to the internal policies of our Payment Entity, and their account will be closed. Your cryptocurrency balance will be sold (if applicable), and the available balance in your Goin account at the time of closure will be returned to your linked bank account.

User Responsibilities and Prohibited Uses of the Services

User Responsibilities

In case of errors in the monetary balance of your Goin account resulting in monetary damage to Prakma and/or other Users, whether due to technical or operational errors generated by the Goin App, or due to incorrect, illicit, or fraudulent use of the Goin App by you or another User, you agree to cooperate with us in correcting such circumstances and returning the necessary money to balance the error. Prakma, in turn, reserves the right to demand the return of the owed amount and to make one or more charges through your bank card, with the aim of resolving such imbalance. Prakma will charge the agreed amount to be returned to the bank card according to the pertinent internal investigation, for which you agree to cooperate and expressly accept. By accepting these T&Cs, you expressly authorize Prakma to charge the provided card any outstanding amount one or more times, until the outstanding amount is satisfied, as well as all expenses incurred as a consequence of non-payment of the debt generated by you. Any violation of the foregoing rules, as well as the rest of the obligations arising from the use of the Goin App, may result in the termination of the Goin App Services, holding you responsible for the damages incurred, directly or indirectly, by Prakma, the Payment Service Provider, or other Users as a consequence of your breach.

Prohibited Uses of the Services

Access and use of the Services offered by the Goin app are subject to prohibitions. We may block your account totally or partially (restricting access to the application and/or money inflows or outflows in the application) immediately and temporarily or indefinitely due to exceptional circumstances, such as the following, but not limited to:  

• Sharing your password with third parties or not properly keeping your username and password secret and with the corresponding security measures;  
• Using the contents and Services in a way that produces or may produce effects and/or for purposes contrary to the law, morality, and generally accepted good customs or public order;
• Reproducing, copying, or distributing the contents of the Goin app, as well as allowing public access to them through any form of public communication, or transforming or modifying them, unless authorized by the owner of the corresponding rights or legally permitted.
• Violating intellectual or industrial property rights belonging to Prakma or third parties.
• Using the services and contents in a way that could cause harm or overload to the functioning of the Goin App and/or cause or potentially cause economic and/or material damage to Goin or its software, systems, and/or hardware.
• Behaving disrespectfully or abusively towards our Support or other staff, for example, harassing or insulting Goin members or using offensive language while communicating with them;
• Carrying out fraudulent transactions or those that may facilitate illicit or fraudulent conduct of any kind;
• Providing certain incorrect, untrue information or information that does not belong to you;
• Using the contents and services and, in particular, information of any kind obtained through the Goin App for any type of advertising purpose and, especially, to send advertising, communications for direct sales purposes or any other kind of commercial purpose, unsolicited individualized messages or messages aimed at a plurality of people, as well as marketing or disclosing such information in any way;
• Failing to return the money you owe us within a reasonable period of time, after being requested by Goin;
• Breaching these Terms and Conditions seriously or persistently and not having rectified the situation within a reasonable period after we have requested it; or having reason to believe that your use of the Goin application is causing or could cause economic and/or material damage to Goin or its software, systems and/or hardware;
• Short-term money inflow and outflow. If you deposit money into your Goin account via card or bank transfer, and within a short period request a transfer to your bank account of an equal or approximate amount, we will consider it a high-risk operation. This practice can be interpreted as possible suspicious or fraudulent activity, as it could be related to money laundering attempts, misuse of financial services, or any other form of manipulation that compromises the security and stability of our operations. Therefore, we will reject the transfer to your bank and cancel the money inflow with a refund to the bank card or current account. Please note that if you have paid fees for the incoming money, these will not be refunded due to the operational costs of the cancellation. If this pattern continues over time, we will block your Goin account.

Chargebacks

Chargeback, also known as a dispute, is a procedure whereby a credit or debit card holder requests their card issuer, i.e., the bank, to reverse and cancel a transaction made on their card. If you request a chargeback for a charge made to your card by Goin, we reserve the right to deduct the chargeback amount and the fees applied by the payment processor from the available balance in your Goin account. This means that the chargeback amount (including fees) will be directly subtracted from the funds available in your Goin account. If your funds in Goin are insufficient, we reserve the right to make a new charge on any of the cards linked to your bank account and to sell any type of asset you have in the App to recover the chargeback amount. We understand that a chargeback can be an indication of fraudulent activity by the cardholder. As a security measure, we reserve the right to consider a chargeback as possible fraud and indefinitely block your Goin account as a protective measure for you and other users of our platform.  

Exclusion of Warranties and Liability

Prakma informs that it is not a financial or credit institution, nor is it subject to supervision or control by any regulatory body, nor does it perform financial intermediation functions or activities. Prakma does not provide financial advice to Users nor does it represent them in portfolio management tasks. You decide for yourself the actions and orders you issue to us through the use and contracting of the Services and you are responsible for maintaining complete control over your virtual portfolio. Prakma reserves the right to interrupt access to the Goin App, as well as the provision of any or all of the content provided through it at any time and without prior notice; whether for technical, security, control, maintenance reasons, power supply failures, or any other well-founded cause dependent on third parties. Consequently, Prakma does not guarantee the reliability, availability, or continuity of the Goin App or its contents, so their use is carried out under your sole responsibility and at your own risk; without, at any time, liabilities being demanded for the discontinuity or lack of availability of the Goin app services. Prakma will not be responsible in case of Service interruptions, delays, errors, malfunction, and, in general, other inconveniences originating from causes beyond Prakma's control, particularly due to the actions of third parties, and/or due to malicious or culpable actions of Users and/or originating from Force Majeure causes. Without prejudice to the provisions of Article 1105 of the Civil Code, the concept of Force Majeure shall also include, for the purposes of these T&Cs, all events occurring outside Prakma's control, 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 produced as a consequence of natural phenomena, blackouts, etc., and the attack by hackers, crackers or other third parties on the security or integrity of the computer system. In any case, whatever its cause, Prakma will not assume any liability whatsoever, whether for direct or indirect damages, consequential damages and/or loss of profit. Prakma will in no case be responsible for the provision of the Services and any incidents regarding the products and/or services contracted with third parties, including investment products and services made available to you through the Goin app, as it is these third parties who effectively provide and are responsible, where applicable, for said products and/or services. Prakma is not responsible for the content of third-party information collected in the Goin App, nor for those opinions, comments, assessments or any other statement collected therein that are not issued directly by Prakma. Prakma excludes any liability for damages of any kind that may be due to the lack of veracity, accuracy, completeness and/or timeliness of third-party content transmitted, disseminated, stored, made available or received, obtained or accessed through the Goin App, 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 on the Goin App that does not comply with the required guarantees of veracity. However, it will be exonerated from liability for its non-updating or rectification, as well as for the content and information contained therein, provided that the inaccuracy of the content is attributable to third parties. Prakma excludes any liability for damages of any kind that may be due to the presence of viruses or the presence of other harmful elements in the contents that may cause alterations in computer systems, as well as in the documents or systems stored therein. Prakma is not responsible for the contents, whatever they may be, that you or other Users send to Prakma through the Goin App, through the email service or by any other means, therefore any liability arising from the contents sent by them is attributable to the Users. Prakma is not responsible for the use that Users make of the Content of the Goin App, nor of their passwords, as well as any other material contained in the Goin App, which may constitute a violation of any type of national or international regulation, of intellectual or industrial property rights or any other right of third parties. Likewise, it is not responsible for possible security errors that could occur due to the use of outdated browser versions, or for the consequences that could derive from the malfunction of the browser, whether due to inadequate configuration, presence of computer viruses or any other cause unrelated to Prakma. Without prejudice to all the foregoing, Prakma recommends keeping the device with which you access the Goin app and the Services contracted through it updated and in good condition, to ensure the proper functioning of the Goin App. Prakma is not responsible if Users cannot use the contracted content and services due to the obsolescence of their devices.  

Links to Third Parties (Outgoing Links)

The access service to the Goin App may include technical linking devices, directories and even search tools that allow Users to access Internet websites (hereinafter, "Linked Site" or "Linked Sites"). In these cases, Prakma acts as a service provider in accordance with article 17 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (hereinafter, the "LSSI") and will only be responsible for the content and services supplied on the Linked Sites to the extent that it has effective knowledge of the unlawfulness or that third party property or rights may be harmed and has not deactivated the link with due diligence. In the event that you consider that there is a Linked Site with illicit or inadequate content, please notify us at the contact address indicated in the legal notice, attaching the following information: Communicator's identification: name, address, telephone number and email address; A description of the facts revealing the illicit or inadequate nature of the Linked Site; An express declaration that the information contained in the communication is accurate. In no case does this communication entail the obligation to remove the corresponding link, nor does it imply, according to the provisions of the LSSI, effective knowledge of the activities and/or contents indicated by the communicator. In no case should the existence of Linked Sites presuppose the existence of agreements with the managers or owners thereof, nor the recommendation, promotion or identification of Prakma with the statements, content or services provided by them. Prakma does not know the contents and services of the Linked Sites and therefore is not responsible for damages caused by the unlawfulness, quality, outdatedness, unavailability, error and uselessness of the contents and/or services of the Linked Sites nor for any other damage that is not directly attributable to Prakma, except as provided in article 17 of the LSSI. If you decide to visit and/or use any of the Linked Sites, you will do so at your own risk, and you will have to take appropriate protective measures against viruses or other harmful elements.  

Links to the Goin App (Incoming Links)

Third parties are not authorized to introduce links from their own web pages or applications to the Goin App without the express consent of Prakma. In the event that a third party is authorized to use the link, this use will be made respecting the limitations and purposes provided in the authorization itself. Prakma may request, at any time and without needing to provide reasons for such request, that any link to the Goin App be removed, after which the person responsible for the linking website must proceed immediately to its removal.  

Intellectual and Industrial Property

All the contents of the Goin App, understood by these merely by way of example as texts, photographs, graphics, images, icons, technology, software, links, domains, brands and other audiovisual or sound content, as well as its graphic design and source codes, are the exclusive property of Prakma or third parties, whose rights Prakma recognizes where applicable, and are subject to intellectual and industrial property rights protected by national and international legislation. Any use of any of the elements subject to industrial and intellectual property for any type of purpose, especially commercial, as well as their distribution, public communication, modification, alteration, transformation or decompilation, is strictly prohibited, unless expressly authorized in writing by the owner thereof. Infringement of any of the aforementioned rights may constitute a violation of these provisions, as well as an act constituting a crime typified in articles 270 and following of the Penal Code.  

Privacy Policy and Personal Data Protection

The provision of the Services involves the processing of your personal data by Prakma, in accordance with our Privacy Policy. Prakma needs to process your information for the provision of the Services and, in particular, to comply with mandatory regulations in financial matters and prevention against fraud and money laundering and the financing of terrorism, as well as to be able to defend itself against possible requests, demands or responsibilities for damages or penalties that may be claimed against it in relation to illicit acts or the infringement of third-party rights. This includes the transfer of said data not only to those third parties with whom you are going to contract the products and services of said third parties via the Goin App, but also the transfer to the competent authorities, as well as to Prakma's collaborators and subcontractors (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 to subcontract certain functions) identified in these T&Cs for the purposes of providing their functions, such as the Payment Service Provider. The duration of the processing of your data is for the entire period of the contractual provision and, in any case, until 10 years have passed after the responsibilities in regulatory matters have prescribed. For the exercise of the rights of Access, Rectification, Deletion, Opposition, Limitation of processing and Portability, as well as not to be subject to automated decisions, including profiling, or to be able to file a claim with the Spanish Data Protection Agency, as well as to obtain additional information on data protection, the User can find what is regulated for this purpose in our Privacy Policy.  

Applicable Law and Jurisdiction

The relationship between Prakma and the User will be governed by the points contained in this contract, subject in any case to current Spanish regulations. The parties submit, at their choice, for the resolution of conflicts and waiving any other jurisdiction, to the courts and tribunals of the User's domicile. The User may access the online dispute resolution mechanism of the European Union through the following link.

‍