1. Legal information and parties

These terms and conditions (“T&C”) regulate your access and use of the services offered through the Goin technological solutions ecosystem (hereinafter, "Application"), consisting of the browser extension and the Goin app, belonging to Prakma Solutions Inc., which makes it available to you through its subsidiary Prakma Innovation SLU (hereinafter, "Prakma"), with address at Carrer Joan d'Àustria, 126, 5º, 2ª, 08018 Barcelona, Spain and with N.I.F. B-67088419, registered in the Mercantile Registry of Barcelona on 10/13/2017, entry number 1, volume 46123, folio 180, section, sheet 510176.

Therefore, the purpose of these T&C is to provide information about the services offered by Prakma and/or our financial sector partners through the Application, as well as to facilitate your contracting of them through the Application (hereinafter, the "Services").

By downloading, registering, and using the Application, you acquire the status of User. Use of the Application implies that you accept all conditions included in the text of these T&C, our Privacy Policy, and other specific conditions, own and third-party, applicable to the Services which, as the case may be, replace, complete, and/or modify these T&C and are linked to this text via the corresponding hypertext links (collectively, the “Legal Texts”). As a User of the Application, you acknowledge that you are of legal age with sufficient capacity to acquire the obligations derived 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 notice regarding the proposed effective date of the modification (hereinafter, “Effective Date”). If this happens, we will inform you of these changes by email or at your next access to the Application 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, 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.

2. Registration in the Application and account security

Contracting the Services provided and products offered through the Application requires prior registration and the creation of a personal user account. To do this, we will ask you to provide a range of personal information regarding your identity and contact details and to link your bank account and card to the Application. This information is essential for operating with the Application, ensuring the security of your money and your user account, and allowing us to comply with regulatory obligations. You can find more information about the processing of your personal information in our Privacy Policy.

In any case, the banking credentials to access your online account are for read-only purposes, and under no circumstances can Prakma perform any movement or operation without your prior express order through the Application Services. Prakma shall not be liable in any case for any incident that may derive from the theft or seizure by third parties of the banking information provided by Users.

By registering, you agree to provide truthful data during the registration process, refraining from and assuming any responsibility for damages that may be generated as a result of providing any false or inaccurate information, third-party data without authorization, or performing any type of activity that may be considered fraudulent or generate confusion or intentionally impede the proper functioning of the Application. Prakma reserves the right to cancel your account at its sole discretion when it has indications of illegal, fraudulent, or harmful use that endangers the correct functioning and security of the Application, 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 at each access to the Application for security reasons as a means of User identification and system authentication. We inform you that this password will be stored in the local memory of your device; therefore, Prakma does not keep or have access to the password selected by Users. Consequently, it is your duty to maintain confidentiality and guard said password with due diligence, and you will be responsible for any access to or use of your account in the Application by unauthorized third parties, with total 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 Application. 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 have suspicions of 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 consider pertinent.

3. Description and conditions of use of the Services

Goin is an app for mobile devices and/or tablets that allows you to build a savings habit, invest easily without needing prior knowledge, and obtain rewards for your purchases. The application allows you to create a crypto asset balance and increase it automatically thanks to our automatic contribution methods.

The application is free to use up to certain limits and with the exception of small commissions for specific services that we will inform you about through the Application, which allows us to maintain and continue improving our Service. For more information on these conditions, consult the Plans and Commissions section below.

The user is informed that, in relation to the provision of Services, Prakma has signed collaboration agreements and subcontracted Payment Services:

• Payment Services: Any activity or functionality related to the transfer of funds or payment services will be provided by Prisma Payments EP SA. (hereinafter, the "Payment Service Provider"), a company incorporated according to Spanish legislation, with CIF A85785905, address at Calle Leganitos 47 9th Floor, 28013 Madrid, Spain, and registered in the Mercantile Registry of Madrid in Volume 27,111, Folio 157, Section 8, Sheet M-488,476, entry 1. The Payment Service Provider is a payment services entity authorized to provide all payment services regulated by Law 16/2009 of November 13, on payment services, being subject to the supervision of the Bank of Spain and registered in the Official Registry of Payment Entities of the Bank of Spain under number 6849.

Your balance in the Application will be accessible by you at all times. We inform you that for reasons external to Prakma, money contributions from your bank account or card to your balance in the Application may be delayed up to 72 business hours. Withdrawals you request will be processed by Prakma immediately but will always be subject to the bank's availability and/or the availability of the service provided by the Payment Service Provider.

All operations will be subject to rigorous fraud and money laundering prevention controls, which may delay the arrival of money to the bank account. Transfers from the Application to your bank account can only be made to bank accounts owned by you. If we cannot verify this information automatically, we may request a bank ownership certificate and/or reject the withdrawal.

Below is a description of the Services we offer through the Application, so you can make decisions with sufficient information on how to manage your money before contracting any of the Services. We recommend you read our Privacy Policy to know what data we need to provide these Services and how we use it. However, you can supplement this information with the details we publish in the Application and by contacting Prakma through the contact methods we provide.

A. Crypto Asset Market

I. Contracting process 

To contract and access the Service, it is necessary for the User to be a natural person of legal age, be registered in the Application, and accept these Terms without reservation, after reading them, and commit to making diligent use of the Application and the Service in accordance with the stipulations of these Terms and the applicable regulations at any given time.

To be able to contract the Service, and since it is necessary for us to comply with KYC (Know Your Customer) regulations and other regulatory obligations, we need to validate your identity document, have you answer a suitability questionnaire, and have you synchronize your bank account and a credit or debit card previously validated by Prakma. Prakma reserves the right to block the option to access the Service for users who have presented a financial profile with low risk tolerance or with manifestly insufficient knowledge.

II. Parties 

The Crypto Asset Market Service offered through the Application is provided by Prakma, which is registered in the Bank of Spain's Registry of virtual currency exchange service providers for fiduciary currency, 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 terrorist financing.

The user is informed that, in relation to the provision of the Crypto Asset Market Service, Prakma has signed collaboration and subcontracting agreements with the following platforms (hereinafter, collectively 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 entity 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 according to Spanish legislation, with NIF B-54835301, registered office at Calle Castelló 66, 28001 Madrid, Spain. Bit2Me is registered in the Bank of Spain's Registry as a provider of virtual currency exchange services for fiduciary currency and electronic wallet custody under number D592. Direct link to the Bit2Me website.

To this effect, Prakma will assign each offered cryptocurrency to a single Liquidity Provider, prioritizing market availability and operational security criteria. Consequently, each crypto asset will be available for negotiation and custody exclusively at one of the mentioned providers (Bitstamp or Bit2Me), without said assignment being modifiable 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 ensure Service continuity, in particular if the original provider cannot perform its functions.

III. Service, execution of operations, and commissions

Once the Service is contracted, Prakma will offer Users the possibility to invest their money in crypto assets. The crypto assets available for acquisition or sale will be those listed and enabled in the Application interface at any given time. Prakma reserves the right to add or withdraw crypto assets from said list without prior notice, based on market availability or strategic decisions. Users will decide on their own account and risk which crypto assets to acquire or sell, as well as the amount paid for their acquisition or sale.

The buy and sell orders of Users will be executed by Prakma on the crypto asset Trading Platform assigned to each cryptocurrency. All crypto assets acquired by Users will be custodied in omnibus virtual wallets managed by Prakma, hosted on the corresponding Trading Platform. However, Prakma will maintain an internal accounting record (Ledger) updated in real-time that will allow for the individual identification of the ownership of assets corresponding to each User, ensuring the logical segregation of User assets from Prakma's own funds.

Users will not have any direct contractual relationship with the Trading Platform nor with any external personal virtual crypto asset wallet through the Application. Prakma will not be responsible for the loss of crypto assets hosted on the Trading Platform as a result of attacks on said Platform or due to its incorrect functioning.

Following User instructions, Prakma will execute buy and sell orders at the current listing price at the moment it receives the order at the corresponding provider, applying a spread of 0.5%. Due to the volatility of cryptocurrency markets and order execution processes that depend on the financial entities' own technology and in the hands of third parties, Prakma does not guarantee to the User that the buy or sell price will be the same price indicated at the time of order entry by the User within the Application, because the transmission of buy-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's APIs.

Crypto asset buy and sell transactions are subject to minimum/maximum commissions calculated as a percentage of the total amount of each transaction based on your plan and will be carried out only when the necessary funds to do so have been received. These commissions will be presented to you within the Application prior to the configuration or execution of an order. However, it is important to keep in mind that these fees may differ in exceptional situations, such as blockchain network congestion, high demand, or dynamic fees that adjust automatically according to market conditions. In such circumstances, final fees could exceed or be below the standard minimum/maximum fee. For more information on these conditions, consult the Plans and Commissions section below.

IV. Goin Earn 

Goin Earn allows you to earn additional crypto assets as a reward for lending your crypto assets to Prakma. A quantity of certain tokens is delivered with the commitment that the loaned amount will be returned, within the established period, along with the agreed rewards.

Rewards are granted according to the frequency indicated by the Application, and the estimated reward rate reflected in the Application may change over time without prior notice and is net for the user.

The assets you place in Goin Earn will remain, for informational purposes, locked in the user's wallet where Goin Earn is activated. By activating Goin Earn in the Application, you accept that all Automatic Contribution Methods linked to that wallet will generate additional contributions that will be automatically placed in that product.

The Goin Earn service is currently not regulated or supervised by any authority. Unregulated and unsupervised services and products present greater risks and do not offer guarantees.

V. Methods of Automatic Contributions

 The Application allows you to configure automatic contribution methods that manage to transfer balance from your bank to the Application through the purchase of crypto assets by card charge. 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 Commissions section below.

To activate these automatic contribution methods, you may need to connect in the Application (i) a bank account that allows us to view your bank account movements (to apply the automatic contribution methods to said movements and verify your identity so that no one can withdraw your money to another bank account); and (ii) a bank card to perform the crypto asset purchases.

Prakma will verify that the banking 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 banking credentials are for read-only purposes, making it impossible for Prakma to perform any movement or transfer without your authorization.

The amounts generated by automatic contributions will accumulate in a “Pending” state until their total accumulated amount exceeds a minimum amount and/or number of days, which will be frequently reviewed by Prakma and is subject to change without prior notice. To obtain the most up-to-date information, you can request it through our support channels.

When an Automatic Contribution Method is activated, the user authorizes Prakma to charge the amounts generated by said method to their bank card accordingly. In the event of a dispute regarding a charge processed by Prakma'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 Services section below.

VI. Service restrictions and availability

 Crypto assets acquired by Users will not be transferable to any other account, folder, or external 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 acquirable crypto assets for a User, which may be set and modified by Prakma according to the market situation at any given time.

Your account may be subject to limits and specific costs based on your plan. For more information on these conditions, consult the Plans and Commissions section below.

VII. Risks

 Investment in crypto assets 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.

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 those of 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 mean the irreversible loss of crypto assets.

Prakma will not be liable for any partial or total loss of value of the crypto assets acquired by the User or for the result of buy-sell orders placed by the User via the Application.

B. Rewards Market

Prakma carries out different reward mechanisms for its users both through the Application and through promotional campaigns in 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 to modify the amounts of these rewards at any time and without prior notice.
• Establish or modify conditions and/or restrictions for the exchange or withdrawal of these rewards without prior notice. If they exist, those conditions and/or restrictions will be communicated in the Application or through one of the pertinent means of communication (email, push notification, in-app message, or social networks).
• Establish or modify reward expiration times or conditions. Any change must be communicated with at least 30 days' notice through the Application and/or one of the pertinent means of communication. Expired rewards will be returned to Prakma.
• Withdraw or not deliver rewards in the event of detecting fraudulent use of the Application 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 Commissions section below.

Below are more specific conditions for these reward mechanisms:

I. Contests and Promotions

 For the proper management of these campaigns and to prevent fraud, Prakma will keep the information necessary to identify the number of accounts being added or any other data necessary for said 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 of them.

II. Invitations — Referrals 

Prakma will reward you for each new User referred by you who registers in the Application (understanding a new Application 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 Application;
• Completion of profile and registration data;
• Entry of the personal invitation code;
• Both of you have reached your first 3 euros of savings through the rounding method.

III. Cashback 

Thanks to collaboration with our partners, we close agreements with multiple merchants to offer rewards in the form of reimbursement when you buy at their establishments and/or acquire any of their products and services.

Rewards can be of an absolute or percentage amount of the purchase total and will be transferred to your rewards account in the Application once validated. Conditions, reimbursement times, and their amount are subject to individual agreements and offers between Prakma, our partners, and their commercial collaborators, such that we cannot guarantee a specific reimbursement amount or term, nor that our commercial partners' offers are available at all times. The application has two types of cashback:

• 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, and claims will not be admitted: (1) if a discount code, coupon, and/or promotion not offered by Prakma is used, (2) if the items were in the cart before accessing the merchant via the button, (3) if cash on delivery, installment payments, financing, in-store payments, bank transfer, or Bizum are used, or (4) if more than 21 days have 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 Application, 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 debit card purchases are valid (Apple Pay, Google Pay, PayPal, or similar might not be valid) and must clearly contain the merchant name in the transaction description. Claims will not be admitted if more than 21 days have passed since the purchase date.

Additionally, and as applicable, some partners require an accumulation of purchases made with your connected card in the Application 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 time. In the event that this period ends and you have not managed to accumulate enough purchases, the corresponding cashback will not be applied.

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 applicable. You can find more information by consulting our Privacy Policy. Likewise, you can unsubscribe from this service by contacting Prakma.

IV. Cashback cards

 Prakma also offers its users the option to buy virtual cards with rewards from numerous merchants, which allow buying at their establishments and/or acquiring their products and services.

The purchase of cashback cards is made directly in the Application. When selecting the desired card in the "Rewards" section of the application, the User must enter the total balance with which they wish to buy the cashback card. Next, the reward will be calculated on the amount entered and shown automatically. Each cashback card has an applicable discount percentage, usability conditions, and minimum and maximum purchase limits, according to 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 purchase of the cashback card using the balances presented as available in the payment method selector and/or from their linked bank card in the Application.

Once the User has confirmed their purchase, Prakma will assign the rewards immediately to their Rewards account. Then, the User will receive a code to use on the merchant's website and follow the instructions presented on the application screen and/or the email received with details.

It should be noted that the purchase of cashback cards is non-refundable and final.

V. Paid surveys 

Through the 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 fit the user's profile.

To benefit from rewards, the user must select a survey to answer based on:

• The survey response time,
• The survey rating, and
• The amount to be received as a reward once the survey is completed.

The survey is composed of different questions and multiple-choice and/or open-text answers. Throughout the survey, user responses will be analyzed, and if they do not match the survey objective, the user's survey will be disqualified and closed. If user responses match the survey objective and the user finishes the survey, the corresponding amount of rewards for the answered survey will be granted. Once the user has finished the survey, Prakma will immediately assign the rewards to their rewards account.

Note that all information entered in the survey is provided by the user directly to the survey partner. Prakma does not provide any user information to the survey partner. You can find more information by consulting our Privacy Policy.

VI. Paid microtasks

Application 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 continue playing and completing microtasks; however, they will not receive rewards for the time played.

A catalog of different games will be available within the Application for the user to choose from. Users can play several different games, not limited to playing just 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 game theme.

Each game is composed of different microtasks and a specific number of proposed microtasks. Once each objective within the game is completed, rewards will be granted within the app and credited to the user's Rewards account up to one hour after completing the task.

Note that all information entered in the game is provided by the user directly to the Microtasks collaborator. Prakma does not provide any user information to the Microtasks collaborator. You can find more information by consulting our Privacy Policy.

4. Plans and commissions

Basic Application functionalities can be used for free, up to certain limits and with the exception of certain transactions and/or functionality. Any transaction fee or non-free functionality will be disclosed in the application before you can execute said transactions or access said functionalities.

For transaction fees charged in the Application, 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 other things, crypto asset exchange fees, SEPA transfer fees, inactivity fees, and subscription plan fees. These services are performed through the Application platform and will be charged to the user upon request by Prakma Finance SL.

Different application plans will grant access to different general conditions as explained below:

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5. Termination of service

Right of withdrawal 

You can cancel your account and User profile at any time from the settings section of the Application or through our support channels. From there we will inform you of the steps to follow to proceed with your cancellation request safely.

Keep in mind that before unsubscribing your account in the Application, you will have to deactivate all automatic contribution methods you had activated and withdraw all your balances and funds. Prakma is authorized to deactivate all your automatic contribution methods if necessary to process the cancellation. We remind you that by deleting your account, you agree to waive all types of rewards and future balances that could be generated by past account activity.

We inform you that simply deleting the Application from your devices (smartphone or tablet) will not mean the cancellation of contracted Services, as it is necessary for this to follow the procedure established in this clause.

Once Services are canceled, you will not have access to your data or any of your operations carried out through the Application. Prakma will proceed to return the remaining money you had in the Application to the bank account you linked in the Application.

During this cancellation process, we may ask you to fill out some form relating to impressions and opinions about your experience with the Application, as your opinion helps us improve or correct any error or inconvenience you may have suffered in using the Application. You are completely free to fill out and send said form; Prakma cannot prevent the cancellation if you do not wish to answer.

The exercise of your data protection rights, without prejudice to what is regulated in these T&C, will adjust to what is established in our Privacy Policy.

Notwithstanding all the above, you can exercise your right of withdrawal within 14 calendar days immediately following the contracting of the Services offered by Prakma. To exercise said right, contact Prakma to attend to 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 relatives 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 the Payment Service Provider, and their account will be terminated. Your crypto asset balance will be sold (if applicable) and the cash balance available in your Application account at the time of termination will be returned to your linked bank account.

6. User responsibilities and prohibited uses of the Services

User Responsibilities 

In the event of errors in the monetary balance of your account in the Application that result in monetary harm to Prakma and/or to other Users, whether due to technical or operational errors generated by the Application, or due to incorrect, illicit, or fraudulent use of the Application by you or another User, you agree to collaborate with us in correcting such circumstance 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 perform one or more charges through your bank card, with the aim of resolving such imbalance. Prakma will charge the bank card the agreed amount to be returned in accordance with the pertinent internal investigation, for which you commit to collaborate and expressly accept.

By accepting these T&C, you expressly authorize Prakma to charge the provided card any amount pending payment one or more times, until the pending amount is satisfied, as well as all those expenses originating as a consequence of the non-payment of the debt generated by you.

Any violation of the above rules, as well as the rest of the obligations derived from the use of the Application, can lead to termination from the Application Services, being responsible for the damages and losses 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 Services offered by the Application are subject to prohibitions. We can block your account totally or partially (restricting access to the application and/or money outflows or inflows 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 with corresponding security measures;
• Using content and Services in a way that produces or could produce effects and/or with purposes contrary to the law, morals, and generally accepted good customs or public order;
• Reproducing, copying, or distributing Application contents, as well as allowing public access to them through any mode of public communication, or transforming or modifying them, unless authorized by the rights holder or legally permitted;
• Violating intellectual or industrial property rights belonging to Prakma or third parties;
• Using services and content in a way that could represent harm or overload for the functioning of the Application and/or cause or potentially cause economic and/or material damage to Prakma or its software, systems, and/or hardware;
• Behaving in a disrespectful or abusive manner with our Support or other staff, for example, harassing or insulting Prakma members or using offensive language while communicating with them;
• Performing fraudulent transactions or those that could facilitate illegal or fraudulent conduct of any type;
• Providing certain incorrect information that is not true or does not belong to you;
• Employing content and services and, in particular, information of any kind obtained through the Application for any advertising purpose and, especially, to send advertising, communications for direct sales purposes or with any other commercial purpose, unsolicited individualized messages or those directed to a plurality of people, as well as commercializing or disclosing said information in any way;
• Evading returning money you owe us within a reasonable period of time after being requested by Prakma;
• Violating these Terms and Conditions seriously or persistently and not correcting the situation within a reasonable period after we have pointed it out to you;
• Short-term money inflow and outflow. If you deposit money into your balance in the Application via card or bank transfer, and in a short period of time you 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 a 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 annul the money entry with a refund to the bank card or current account. Note that if you have paid fees for incoming money, these will not be refunded due to the operational costs of cancellation. If this practice persists, we will block your account in the Application.

Chargebacks 

Chargeback or dispute is a procedure through which a credit or debit cardholder requests their card issuer, i.e., the bank, to reverse and annul a transaction made on their card.

If you request a chargeback of a charge made on your card by Prakma, we reserve the right to deduct the amount of the reversal and the commissions applied by the payment processor from any balance you have available in the Application. This means the reversal amount (including commissions) will be subtracted directly from the available funds in your account.

In the event that your funds in the Application are not sufficient, we reserve the right to perform 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 reversal 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 account in the Application as a protective measure for you and other users of our platform.

7. Exclusion of warranties and liability

Prakma informs that it is not a financial or credit entity, does not perform financial advisory functions for Users nor represents them in portfolio management tasks. You decide for yourself the actions and orders you issue to us through the use and contracting of Services and are responsible for maintaining complete control over your virtual portfolios.

Prakma reserves the right to interrupt access to the Application, as well as the provision of any or all content provided through it at any time and without prior notice; whether for technical, security, control, maintenance reasons, power supply failures, or any other founded cause depending on third parties.

Consequently, Prakma does not guarantee the reliability, availability, or continuity of the Application or contents, so their use is carried out under your sole responsibility and at your own account and risk; without responsibilities being demanded at any time for the discontinuity or lack of availability of Application services.

Prakma will not be responsible in the event of Service interruptions, delays, errors, malfunctions, and, in general, other inconveniences originating from causes beyond Prakma's control, in particular by third-party actions, and/or due to a willful or negligent action of Users and/or originating from Force Majeure causes. Without prejudice to what is established in article 1105 of the Civil Code, Force Majeure will include, for the purposes of these T&C, all events outside Prakma's control, such as: failure of third parties, operators or service companies, government acts, lack of access to third-party networks, acts or omissions of Public Authorities, those produced as a consequence of natural phenomena, blackouts, etc. and attacks 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 responsibility for direct or indirect damages, consequential damages, and/or loss of profits.

Prakma will not in any case be responsible for the provision of Services and any incidents regarding products and/or services contracted with third parties, including investment products and services made available through the Application, as those third parties effectively provide and respond for said products and/or services.

Prakma is not responsible for the content of third-party information collected in the Application, nor for those opinions, comments, assessments, or any other manifestation collected therein not directly issued by Prakma.

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

Prakma excludes any liability for damages of all kinds that may be due to the presence of viruses or other harmful elements in contents that may produce alteration in computer systems, as well as in documents or systems stored in them.

Prakma is not responsible for contents, whatever they may be, that you or other Users send to Prakma via the Application, email service, or any other means, with Users being responsible for any liability arising from the contents they send.

Prakma is not responsible for the use Users make of Application Content, nor their passwords, nor any other material contained in the Application that could represent a violation of any type of national or international rule, intellectual or industrial property rights, or any other third-party right. Similarly, it is not responsible for possible security errors that could occur due to using non-updated browser versions, or consequences derived from browser malfunction, whether due to improper configuration, presence of computer viruses, or any other cause beyond Prakma.

Notwithstanding all the above, Prakma recommends keeping the device with which you access the Application and contracted Services updated and in good condition to ensure the proper functioning of the Application. Prakma is not responsible for Users being unable to use contracted contents and services due to device obsolescence.

Third-party links (outgoing links)

The Application access service may include technical link devices, directories, and search instruments allowing Users to access Internet websites (hereinafter, "Linked Site" or "Linked Sites"). In these cases, Prakma acts as a service provider according to article 17 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (hereinafter, "LSSI") and will only be responsible for content and services provided in Linked Sites insofar as it has effective knowledge of the illegality or that third-party assets or rights may be harmed and has not deactivated the link with due diligence.

In the event you consider a Linked Site exists with illegal or inappropriate content, communicate it to the contact address indicated in the legal notice attaching the following information:

• Communicant identification: name, address, phone number, and email address.
• A description of facts revealing the illegal or inappropriate nature of the Linked Site.
• An express declaration that information 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 LSSI provisions, effective knowledge of activities and/or content indicated by the communicant.

In no case should the existence of Linked Sites presuppose agreements with those responsible for or owners of them, nor the recommendation, promotion, or identification of Prakma with the manifestations, contents, or services provided by them.

Prakma does not know the content and services of Linked Sites and therefore is not responsible for damages produced by the illegality, quality, lack of update, unavailability, error, and uselessness of Linked Site contents and/or services nor for any other damage not directly attributable to Prakma, except as provided in article 17 of LSSI.

If you decide to visit and/or use any Linked Sites, you do so at your own account and risk, and must take appropriate protection measures against viruses or other harmful elements.

Links to the Application (incoming links) 

Third parties are not authorized to introduce links from their own web pages or applications to the Application without Prakma's express consent.

In the event a third party is authorized to use the link, this use will be made respecting limitations and purposes provided in the authorization itself.

Prakma may request, at any time and without needing to provide reasons for said request, that any link to the Application be removed, after which the person responsible for the linking web page must proceed immediately with its removal.

8. Intellectual and industrial property

The entirety of Application contents, understanding these as merely illustrative: texts, photographs, graphics, images, icons, technology, software, links, domains, brands, and other audiovisual or sound content, as well as their graphic design and source codes, are distributed by Prakma but are the exclusive property of Prakma Solutions Inc. (Prakma's parent company) or third parties, whose rights Prakma acknowledges, and are subject to intellectual and industrial property rights protected by national and international legislation.

Any use of any element subject to industrial and intellectual property for any purpose, especially commercial, as well as its distribution, public communication, modification, alteration, transformation, or decompilation, is strictly prohibited unless expressly authorized in writing by the owner.

Violation of any of these rights may constitute a breach of these provisions, as well as an action constituting a crime typified in articles 270 and following of the Penal Code.

9. Privacy policy and protection of personal data

The provision of Services entails the processing of your personal data by Prakma, according to our Privacy Policy. Prakma needs to process your information for the provision of Services and, in particular, to comply with mandatory rules on financial matters and prevention against fraud, money laundering, and terrorist financing, as well as to defend itself against potential requests, lawsuits, or liabilities for damages or sanctions that may be claimed in relation to illicit acts or violation of third-party rights.

This includes the transfer of said data not only to third parties with whom you will contract products and services via the Application, but also transfer to competent authorities, as well as to Prakma's collaborators and subcontractors (as applicable, the corresponding international transfer subject to compliance guarantees that they may make, based on legitimate interest for subcontracting certain functions) identified in these T&C for the purposes of performing their functions, such as the Payment Service Provider and the Trading Platform.

The duration of data processing is for the entire period of contractual provision and, in any case, until 10 years after regulatory responsibilities have expired.

For the exercise of rights of Access, Rectification, Deletion, Opposition, Limitation of processing, and Portability, as well as not being subject to automated decisions, including profiling, or being able to file a claim with the Spanish Data Protection Agency, the User can find what is regulated for that purpose in our Privacy Policy.

10. Applicable law and jurisdiction

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

The User may access the European Union's online dispute mechanism through the following link.