Terms and Conditions

Terms & Conditions

Table of Contents

Last updated January 2026

1. AGREEMENT TO TERMS

These Terms and Conditions (“Terms” or “Terms and Conditions”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or the “Client”) and Goat Finance Sagl (the “Company,” or “we,” “us,”, “our”), concerning your access to and use of the https://www.goatfinance.ch website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site” or the “Platform”).

We are domiciliated in Switzerland and have our registered office at Via Pasquale Lucchini 4, Lugano, Ticino 6900. Our Company is registered in the Swiss Commercial Register under the number CH-501.4.028.961-6.

Without prejudice to the below, the Company is not regulated in the European Union/EEA nor subject to prudential supervision.

You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms and Conditions.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference.

By accessing and/or using the Services (as defined below) related to the Site, you have read, understood, and accepted all of the following Terms and agree to be legally bound by these Terms, in their most recent version.

If during the execution of these Terms you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site or of the Services (or any portion thereof).

These Terms and Conditions are provided in English. In case of any discrepancies between the English version and any translation, the English version shall prevail. Please take the time to read and understand these Terms carefully before using the Services and/or products so that you are aware of your legal rights and obligations regarding the registration, access and enrolment of the Site, the payment transactions entered into and executed via the Site and the use and operation of the Services.

The Terms will show the most recent revision date. Any revision on these Terms will not affect any transaction that is outstanding as from the date of such review. By using the Site Services, we will be deemed that you have agreed to these Terms.

2. SERVICES (overview)

The range of services provided by the Company includes the following: (i) the conversion to of fiat currency into crypto-assets and vice versa; (ii) the exchange and trading of crypto-assets for other crypto-assets; and (iii) transfer of crypto-assets (collectively “Services”).

The Services are made available through the Site and other Third-party service providers including exchanges and trading platform (“Third-Party”). Therefore, you acknowledge and agree that your use of the Services may be subject to the terms and conditions of such Third-Party.

You acknowledge and accept that the Services and the use of the Platform will be provided to you solely and exclusively (i) in accordance with these Terms; (ii) at our discretion and only if you have successfully completed any onboarding, due-diligence, Know Your Customer (“KYC”) or other compliance obligations we may impose on you; (iii) we have obtained any other information about you that we consider necessary. Consequently, we may at any time and under our full discretion refuse to provide you the Services unless expressly required by applicable law.

Under no circumstances does the Company, through the Platform and the relevant Services, engage in public deposit activities as provided by articles 5 and 5a of the Ordinance on Banks and Savings Banks (BO). Specifically, the Company does not retain your funds for more than a period of sixty (60) days from the date the deposit is received. You accept and acknowledge that if the Company is not able to exchange your funds within the timeframe outlined above, the Company reserves the absolute right to fully refund the deposited amount without any exceptions. The Company acts exclusively as an intermediary for the purpose of facilitating such custody arrangements, without retaining long-term possession of the funds deposited.

Where applicable, any refund made by the Company shall be carried out in fiat or cryptocurrency depending on the case of the prevailing market value of the amount deposited in fiat currency or in crypto-assets at the time the refund is executed by the Company.

We reserve the right to and without liability towards you: (i) to update, change, remove, cancel, suspend, deactivate or restrict access to the Services or change any functions, components or content thereof, (ii) to refuse, suspend, cancel, reverse, invalidate or partially execute any instruction to provide appropriate Services.

Actions above may be applied to all customers or a particular group or individual customers. We cannot guarantee that certain content, components and/or functions will always be available in the Site.

We reserve the right to suspend, block, close, restrict or terminate your access to some or all of our Services and to deactivate your account, including but not limited to your account:

  • if we are required to do so in our opinion or by applicable law or by a court or other judicial authority for which we are competent;
  • on reasonable suspicion that you may be in breach of these Terms or otherwise attempting to circumvent these Terms by, for example, opening multiple accounts or misusing any of our incentive systems;
  • where there are reasonable grounds to suspect that a transaction is defective;
  • on reasonable suspicion that your account has been compromised or that the Services are being used in a fraudulent or unauthorized manner;
  • where there are reasonable grounds for suspecting money laundering, terrorist financing, fraud or other financial offences, or;
  • if you fail and/or deny and/or neglect the Company’s request for identity verification and general due diligence verification, or;
  • subject any of your wallets or you to any pending litigation or investigation.

In the event that we suspend, block, close, restrict or terminate your access to our Services in accordance with the provisions of these Terms, we will (unless it is unlawful for us to do so) give you reasonable notice of such termination. Suspensions from the use of our Services will only be revoked if the reasons for the refusal no longer exist. We are not obliged to carry out suspended, cancelled or terminated transactions at the same price or under the same conditions.

3. ACCOUNT AND SECURITY

You can access the Services by registering your account through the Platform. The Company bears no responsibility for any breach of security or unauthorized access to your account. You are advised to keep your account’s password and any other or related secret information secure and confidential and do not share them with anyone else. You are solely responsible for maintaining the confidentiality of your password and for restricting access to your account. You are solely responsible for all activities conducted through your account whether or not you authorize the activity.

4. INTELLECTUAL PROPERTY RIGHTS

For the purposes of these Terms “Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world.

Unless otherwise indicated, the Site and the Services is our proprietary property and all Intellectual Property Rights, including but not limited to source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Switzerland, international copyright laws, and international conventions. The Intellectual Property Rights, the Content and the Marks are provided on the Site “as is” for your information and are only limited to access and/or use the Services and the Site. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Notwithstanding the limitations above, provided that you are eligible to use the Site and the Services, you are granted a limited license to access and use the Site and the Services to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, exclusively and solely for a non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

All rights, titles, and interests in and to all copyrights, trademarks, trade secrets, patents, and other proprietary rights related to the Site and the Services are exclusively reserved and protected under applicable intellectual property laws.

 

5. USER REPRESENTATIONS

Without limiting any further provisions of these Terms you represent and warrant that: (i) you are of legal age to enter into a binding agreement; and (ii) if you represent a corporation, governmental organization or other legal entity, you have the right, power and authority to enter into these Terms on behalf of such corporation, governmental organization or other legal entity and to legally bind it to these Terms; (iii) you will not access the Site and use the Services through automated or non-human means, including artificial intelligence systems, whether through a bot, script, or otherwise; (iv) without the further limitations provided within these Terms, you will not use the Site or the Services for any illegal or unauthorized purpose; and (v) your use of the Site and the Services will not violate any applicable law or regulation.

By purchasing crypto-assets and accessing the Services, you acknowledge and agree to the representations and warranties stated herein, namely:

  • you are solely responsible for compliance with any applicable laws, regulations, and restrictions related to your access and use of crypto-assets and the relevant Services, including all applicable regulatory requirements; and
  • you recognize and accept that the crypto-assets (i) may hold no intrinsic or monetary value, nor is there any guarantee or representation of liquidity or future worth; (ii) are intended to be strictly outside the scope of speculative or financial products; and (iii) it may lack transferability and liquidity.

When you create or make available any Contributions in accordance with section 8 of these Terms, you thereby represent and warrant that:

  • the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any Third-Party;
  • you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms and Conditions;
  • you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms and Conditions;
  • your Contributions are not false, inaccurate, or misleading;
  • your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
  • your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us);
  • your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone;
  • your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people;
  • your Contributions do not violate any applicable law, regulation, or rule;
  • your Contributions do not violate the privacy or publicity rights of any Third-Party;
  • your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
  • your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap; and
  • your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.

6. PROHIBITED ACTIVITIES

You may not access or use the Services and the Site for any purpose other than that for which we make the Services and Site available. The Site and the Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

You accept and understand that violations of these Terms, including but not limited to those set out in this section, may result in the termination of these Terms and/or restriction of your access to the Site and the Services..

By accessing and/or using the Site and the Services, you acknowledge and agree that you shall not use, or assist third parties to use, the Services and the Site in any way which may constitute a contravention of applicable laws or which may contradict the purposes or hinder the operations of the Services and of the Site, and/or hinder the operations of other users of the Site and with respect to the Services.

Without limitation to the foregoing, you acknowledge and agree that you shall not use, or assist third parties to use the Services and the Site for illegal or fraudulent purposes or other unlawful purposes or violating these Terms, any applicable law and any court or competent authority rulings or orders. This include but is not limited to the following actions: (i) attempting to gain unauthorized access to the Site and the Services, as well as its underlying systems; (ii) introducing malicious software, viruses, or other harmful components that could disrupt the Services and the Site functionalities or compromise its security; (iii) decompiling, reverse engineering, or attempting to derive the source code of the Site and the Services and any of its components; (iv) impersonating another user, misrepresenting your identity, or engaging in any deceptive practices; (v) exploiting the Site and/or the Services features, tools, or services in a manner that could overload, harm, or impair its operation or performance of the Site and/or of the Services; (vi) using any form of artificial intelligence software, including so-called “bots” designed to automatically operate the Service and/or the Site. All Service and Site related activities must be carried out personally by you without the aid of automated tools or agents; (vii) engaging “get rich quick” or “pyramid” or other fraudulent schemes including but not limited to: investment opportunities or other services that promise high rewards to mislead consumers; schemes that claim to offer high rewards for very little effort or up front work; sites that promise fast and easy money; businesses that make outrageous claims, use deceptive testimonials, use high-pressure upselling, and/or use fake testimonials; (with or without a written contract) offering unrealistic incentives/rewards as an inducement to purchase products or services but do not respond to any queries after the purchase; (vix) carrying out activity that involves data mining, robots, scraping, or similar data gathering or extraction methods of content or information from the Site or any of the Services .

In addition to the above, you agree not to:

  • use the Services and the Site for any other businesses that the Company discretionally considers unfair, deceptive, or predatory towards consumers;
  • use the Services and the Site and any other services or products of or related to the Company with false, manipulated, inaccurate, or misleading information regarding your identity, business entity, the nature of business, and any other information requested by our payment processor (you must inform us immediately of any changes to your personal and business information); and
  • use the Services and the Site and any other services or products related to the Company to facilitate transactions on behalf of another undisclosed merchant or user or for products/services that were not disclosed in the merchant’s or user’s Company’s account application.

7. DISCLAIMER ON CRYPTO-ASSETS

Crypto-assets can be defined as digital representation of a value or of a right that can be transferred and stored electronically using distributed ledger technology or similar technology.

You are aware that crypto-assets can be highly risky, and their regulatory treatment is unsettled in many jurisdictions. There may be no regulatory recourse for any loss from transactions in relation to crypto-assets. Any value ascribed to crypto-assets may change quickly and may be lost in its entirety. Further, the technologies comprising the Services and the Site, including crypto-assets, may be experimental in nature and could cause the actual outcomes to differ materially from what is expressed or implied herein. You are cautioned not to put undue reliance on Services future-looking estimates and statements. The content of these Terms and any related document speak only as of the date thereof. There is no guarantee that the Site and the Services will operate as planned. Holding, buying, or selling crypto-assets may not be permitted where you live, and it is your responsibility to comply with all applicable laws.

Notwithstanding the provision of Section 5 (User Representations) above of these Terms, you expressly acknowledge that crypto-assets:

  • do not have any tangible or physical manifestation, and does not have any intrinsic value (nor does any person make any representation or give any commitment as to its value), and may lose its value in part or in full;
  • are non-refundable or may not always be transferable or liquid;
  • do not represent or confer to you any right of any form with respect to the Company and any company, foundation, respective affiliates and service providers directly or indirectly connected to the Company, or its revenues or assets, including without limitation any (i) right to receive future dividends, revenue, shares, ownership right or stake; (ii) any voting, distribution, redemption, liquidation, proprietary including all forms of intellectual property or license rights; (iii) right to receive accounts, financial statements or other financial data; (iv) the right to participate in shareholder meetings, to nominate a director or other equivalent financial or legal rights; and
  • with respect to the Services, do not represent a security, commodity, bond, debt instrument, unit in a collective investment scheme or any other kind of financial instrument or investment as defined by the applicable law.

The use of the Services and of crypto-assets should only be considered by those who thoroughly understand the goals and risks of them. The Services and crypto-assets are designed for informed users and those who can assess both the anticipated benefits and associated risks.

You acknowledge that crypto-assets value may change market trends, regulatory matters and global economic factors. You should only hold crypto-assets with the understanding that it may lose any value attributed to it.

The tax rules applicable to crypto-assets might vary depending on the jurisdiction. You are advised to consult independent tax advisors regarding any potential tax liabilities related to the crypto-assets acquisition, use, or sale. Transactions involving crypto-assets may lead to tax obligations, including withholding taxes, income taxes, or tax reporting requirements. The use of crypto-assets may be subject to income, capital gains, or sales taxes, depending on jurisdictional regulations. If you are located outside of Switzerland, please be informed that active promotion, marketing and/or distribution of the Services in your jurisdiction may be subject to legal restrictions.

The Site is not directed to, or intended for distribution to or use by, any individual or legal entity who is a citizen or resident of, or located in, any country or jurisdiction where such distribution, publication, availability or use would be contrary to law or regulation or is prohibited without obtaining the necessary licenses or authorizations and such licenses or authorizations have not been obtained by the Company or its partners. Individuals and legal entities in such jurisdictions can only access or use the Site at their own discretion and confirm that they comply with all regulatory requirements. The Company does not directly approach such Clients and does not solicit its Services to Clients in other regulated markets or jurisdictions.

Client understands possible restrictions. By opening and using an account, the Client declares that it meets requirements of these Terms and any other regulatory requirements in their jurisdiction.

If you are outside of Switzerland, please note that the information, products, or Services described on the Site and/or on any related material including without limitation advertisements, brochure, flyers, are not intended for distribution and/or use in your jurisdiction. Consequently, you acknowledge that you are accessing the Site and the Services on your sole initiative and without any active promotion or solicitation by any means from the Company including but not limited to e-mails, phone calls, location-based advertising.

Depending on the country of residence or the country from which the Client accesses the Services, the Client may not be permitted to use the Services. The Client is responsible for complying with all rules and regulations applicable in his country of residence and/or the country from which the Client accesses the Services. The Client represents and warrants that its use of the Services is permitted under all the applicable regulations and that it may not be available to U.S. person. The Client indemnifies the Company against any damages that the Company incurs if any of the Client’s representations according to these Terms are not correct.

If the Client is a legal entity, the account may only be used by a person that has been solely authorized to represent the legal entity. It is the responsibility of such Client to limit access to the account to authorized persons only.

With respect to the Services, you must consider the merits of any transaction, including the pricing available to you via any portals relative to other prices that may be available to you. The offering price of any crypto-asset made available by the Company through the Site and the Services is subject to various factors (including the general state of the market (if any) relevant to that crypto-asset, trade volumes, liquidity of the crypto-asset, etc.). The Company does not make any representations or guarantees about any price or other terms provided in relation to any crypto-assets, including whether better pricing or terms would be available through any other platform or other service provided by another Third-Party. This means you may receive less favorable terms that may otherwise be available and you must consider this yourself. Substantially the same risks also apply to other asset calculations and terms.

In certain circumstances you might be exposed to the credit risk of the counterparty to any transaction you have entered into. If the counterparty is not able to make a payment or becomes insolvent, you may lose some or all of your initial amount.

The Company might act as your counterparty. As such, potential conflicts of interest may exist between you and the Company, including with respect to certain determinations and judgments made by the Company which may influence the amount payable/receivable upon execution of an order provided in relation to the Services.

8. USER GENERATED CONTRIBUTIONS

The Site and the Services does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions that contains personal data that you transmit may be processed in accordance with the Company’s Privacy Policy.

Any use of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Site.

9. CONTRIBUTION LICENSE

You agree that we may process any information and personal data that you provide in accordance with the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Site or the Services, you agree that we can use and share such feedback for any purpose without any compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any Intellectual Property Rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions and, to the extent permitted by the applicable law, you expressly agree to exonerate us from all responsibility.

10. THIRD-PARTY WEBSITE AND CONTENT

Services may include integrations, links or other access to Third-Party services, platforms (including, for example, exchanges), websites, technology, content and resources (each a “Third-Party Service”). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with third parties, and you may be required to authenticate or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Accordingly, these Terms must be read in conjunction with the terms and conditions governing such third-party platforms and you will be solely responsible for all costs and charges associated with your use of any Third-Party Services. You acknowledge and agree that their use of the Services is subject to the continuous availability and proper functioning of these third-party platforms. To the maximum extent permitted by applicable law, the Company expressly disclaims any liability for, and shall not be held responsible for, any direct, indirect, incidental, special, or consequential damages, loss of value, loss of profits, or other losses arising out of or in connection with the use, operation, failure, or malfunction of such Third-party Service. Without limiting the generality of the foregoing, the Company shall not be liable for any updates, errors, delays, discrepancies, or failures regarding the exchange prices, valuations, or rates of the digital assets subject to the Services.

You acknowledge that the Company use Third-Party Services merely as a convenience and the possible integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation.

Any contractual relationship consequently in force between you and third parties while using Company’s Services is between you and such third parties. Therefore, the Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.

The Company has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services.

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). We are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable Third-Party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Furthermore, the Company provides the Services through, or in conjunction with, third-party platforms. Accordingly, these Terms must be read in conjunction with the terms and conditions governing such third-party platforms. You acknowledge and agree that their use of the Services is subject to the continuous availability and proper functioning of these third-party platforms. To the maximum extent permitted by applicable law, the Company expressly disclaims any liability for, and shall not be held responsible for, any direct, indirect, incidental, special, or consequential damages, loss of value, loss of profits, or other losses arising out of or in connection with the use, operation, failure, or malfunction of such third-party platforms. Without limiting the generality of the foregoing, the Company shall not be liable for any updates, errors, delays, discrepancies, or failures regarding the exchange prices, valuations, or rates of the digital assets subject to the Services.

11. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (i) monitor the Site for violations of these Terms and Conditions; (ii) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; (iii) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (iv) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (v) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

12. CUSTOMER ONBOARDING

By registering to use the Services, you certify, represent and warrant that:

  • As a natural person, you are at least eighteen (18) years of age, and have full  capacity to accept these Terms and enter into a transaction involving crypto-assets;
  • You have the unrestricted right and authority to agree to these Terms;
  • You are not a resident or tax resident of any jurisdiction notified by the Company and have no other relevant relationship with any jurisdiction that is prohibited or restricted from accessing or using the Services
  • You do not impersonate any person, work under a pseudonym, or otherwise conceal your identity;
  • You do not use our Services if the laws of your country prohibit you from doing so in accordance with these Terms;
  • For individuals, you are the sole final beneficiary of your account and you are not acting in the name or on behalf of any other person or entity;
  • For legal entities, that the legal entity is the sole owner of the account and you are authorized to represent the legal entity;
  • You pass the Company’s KYC and due diligence checks and procedures.

You agree to cooperate with all requests made by the Company or any of our third-party providers on our behalf in connection with your use of the Services, including identifying or authenticating your identity or validating your funding sources or transactions. This may include, without limiting the generality of the foregoing, the need for further information with which we can reasonably identify with you, including a request to take steps to confirm ownership of your crypto-assets and funds or to verify your information against Third-Party databases or other sources by the Company.

We may confidentially review the information you provide to us or obtain information about yourself or from third parties from secure databases. By agreeing with these Terms, you acknowledge that we or a Third-Party on our behalf may conduct or arrange to conduct such reviews.

You hereby represent and warrant that all information you provide to us or our third-party providers is complete, accurate and up-to-date in all respects. In the event that this information is no longer complete, accurate or current, you will promptly provide us or third parties with the revised and updated information. If at any time we believe that your information is out of date or inaccurate, we may contact you to request further information or ask you to review the process again (ongoing due diligence). If you do not complete a step in the registration process or provide up-to-date information, you may not be authorized to use Services. You agree to indemnify us or third-party providers for all losses resulting from your failure to provide complete, accurate and current information before, during and after the termination of our Services.

13. SERVICES (detailed)

13.1. Exchange Services P2P and OTC

In the context of the Services, the Company provides exchange services between crypto-assets and fiat currency both on a peer-to-peer “P2P” and over-the-counter (“OTC”) basis, namely:

  • for the purposes of carrying out P2P transactions, the Company makes use of third-party service providers qualifying as Virtual Asset Service Providers (the “Third-Party Platform”) and at sole discretion of the Company, it determines whether to accept or refuse to exchange crypto-assets and fiat currency. Upon receipt of users’ funds, and subject to the successful completion of all applicable anti-money laundering, counter-terrorist financing and other compliance checks, carried out on a case-by-case basis in accordance with these Terms and Conditions, internal policies and the applicable laws, the Company transfers the exchanged crypto-assets to the customer’s wallet held with the Third-Party Platform or fiat funds to the bank account designated by the Client; and
  • as per the OTC transactions, whereby the Client transfers funds or crypto-assets (“Source Funds”) to the Company, and the Company, subject to the successful completion of all applicable anti-money laundering, counter-terrorist financing and other compliance checks, converts such funds into a fiat currency or a crypto-assets to be transferred to a destination wallet address or bank account designated by the Client. As per standard OTC transaction procedures, the Client shall submit requests for exchange using the specific communication channels provided or authorized by the Company on the Platform on a case-by-case basis. The Parties acknowledge and agree that such communication channels may include, without limitation, e-mail, Telegram, or other instant messaging applications. Any instruction or destination address provided by the Client through these channels shall be deemed valid and binding upon the Client. Upon the Company’s receipt of the Source Funds and confirmation of the exchange details, the Company shall execute the conversion and remit the Exchanged Funds to the wallet address or bank account specified by the Client in the relevant communication channel. The Company bears no liability for errors in the destination address provided by the Client via the aforementioned communication channels.

13.2. Platform Exchange

Through the Platform the Client may create an account and, subject to the successful completion of all applicable anti-money laundering, counter-terrorist financing and other compliance checks, ask the Company to exchange crypto-asset and fiat funds. The Client acknowledges and agrees that the Company does not provide custody services for Client funds (whether fiat currency or crypto-assets). The Platform functions solely as a technical interface and aggregator.

To facilitate the exchange services, the Company will arrange for the opening of one or more segregated accounts only in the Client’s name and for the sole Client’s benefit (“Client Accounts”) with regulated third-party financial institutions or digital asset service providers (“Custodians“). The Client acknowledges that: (i) all funds and crypto-assets are materially deposited with and held by the Custodians, not the Company; (ii) such Client Accounts are legally and operationally segregated from the Company’s own corporate funds; and (iii) the balances displayed on the Platform are merely a digital reflection of the assets held in the Client Accounts by the Custodians and accessed via technical means (e.g., APIs).

By accepting these Terms, the Client hereby grants the Company specific, limited power of attorney and mandates to act as the Client’s agent for the sole purpose of operating the Client Accounts. This includes the authority to: (i) open and maintain accounts with Custodians in the Client’s name; (ii) instruct Custodians to execute exchange, trading, transfer, deposit, or withdrawal orders based on instructions submitted by the Client via the Platform; (iii) access and display account information and balances on the Platform. The Client ratifies all actions taken by the Company under this power of attorney to fulfill the Client’s instructions on the Platform; (iv) act at Company’s sole discretion to comply with the applicable law, including but not limited to provide relevant information to the competent authority and require the Custodians to freeze Client Accounts and the relevant funds.

To the fullest extent permitted by applicable law, the Company assumes no responsibility or liability for the acts, omissions, or performance of any such Custodians. The Company shall not be liable for any direct, indirect, incidental, consequential, or special damages, nor for any technical failure, malfunction, unavailability, insolvency, or negligence attributable to such Custodians’ services or one or more sub-Custodians.

The full list of Custodians is provided below:

  • Fiat Republic Financial Services LTD, 60 Cannon Street, London, United Kingdom. Its website is available here: https://fiatrepublic.com/.

14. PRIVACY POLICY

We respect your privacy and are committed to protecting your personal data. Our detailed privacy policy is available at www.goatfinance.ch/privacy-policy (“Privacy Policy”). This policy forms part of these Terms and Conditions and is incorporated by reference.

Our Privacy Policy outlines among other things:

  • the kind of personal data we collect and how we collect it;
  • how we use your personal data;
  • the legal basis and purposes for processing your personal data;
  • to whom we share your personal data;
  • how long we retain your personal data;
  • your rights regarding your personal data;
  • our use of cookies and similar technologies;
  • how we protect your personal data;
  • international data transfers (where applicable); and
  • how to contact us regarding privacy matters.

By using our Site and our Services, you acknowledge the information and disclaimers provided within our Privacy Policy. You acknowledge that you have read and understood our Privacy Policy. We process personal data in accordance with the Swiss Federal Act on Data Protection (FADP) and, if you have any questions or concerns about our privacy practices, please refer to our Privacy Policy or contact us using the information provided in the “Contact Us” section of these Terms and Conditions.

Please be advised that the site showing services related with Switzerland is hosted in Switzerland. If you access the site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Switzerland, then through your continued use of the site, you are transferring your data to Switzerland and you agree to have your data transferred to and processed in Switzerland.

15. TERM AND TERMINATION

These Terms and Conditions shall remain in full force and effect while you use the Site and the Services.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE AND OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any Third-Party, even if you may be acting on behalf of the Third-Party. In addition to terminating or suspending your account, where necessary we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

16. MODIFICATIONS AND INTERRUPTIONS

With the exception of gross negligence and willful conduct, we will not be liable to you or any Third-Party for any modification, price change, suspension, or discontinuance of the Site and/or of the Services, including for any loss, damage, or inconvenience caused by your inability to access or use the Site and/or the Services during any downtime or discontinuance. We cannot guarantee the Site and/or the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site and/or the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site and/or the Services and its Terms and Conditions at any time or for any reason with reasonable advance notice to you. In the event of amendments of these Terms, such amendments will be effective 14 (fourteen) days after the modified terms and conditions have been notified to you, except for amendments that relate to new features or made for legal reasons, which will become effective immediately. If you do not agree to such modified terms, you should discontinue your use of the Site and of the Services.

To the maximum permitted by the applicable law, nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site and/or the Services or to supply any corrections, updates, or releases in connection therewith.

17. GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the substantive laws of Switzerland, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

Any dispute, controversy, or claim arising out of or in relation to the Site, the Services and these Terms and Conditions, including their validity, invalidity, breach, or termination thereof, shall be subject to the exclusive jurisdiction of the courts of Lugano, Canton Ticino, Switzerland. It is intended and agreed between the parties that dispute resolution before the aforementioned competent court provided herein shall be subject to a previous arbitration procedure, as further detailed in section 18 below.

Without prejudice to applicable law, if one or more provisions of this Terms are found to be null or invalid, in whole or in part, or if any provision renders the Terms null, then only the affected provision(s) shall be considered null and invalid, and this shall not affect any other provision of the Terms, unless the parties would not have entered into this Terms in the absence of such null or invalid provisions.

These Terms and Conditions, together with the Privacy Policy and any other legal notices published by us on the Site, shall constitute the entire agreement between you and us concerning the Site.

18. ARBITRATION CLAUSE

Any dispute, controversy, or claim arising out of or in relation to the Site, the Services and these Terms and Conditions, including the validity, invalidity, breach, or termination thereof, shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers’ Arbitration Institution in force on the date on which the notice of arbitration is submitted in accordance with the relevant rules. For the purpose of this clause:

  • the number of arbitrators shall be one;
  • the seat of the arbitration shall be Lugano, Canton Ticino, Switzerland; and
  • the arbitral proceedings shall be conducted in English.

The applicable law to the dispute shall be Swiss substantive law, excluding any conflict of law rules.

Before initiating arbitration proceedings, the parties agree to attempt in good faith to resolve the dispute through negotiation. Either party may initiate such negotiations by providing written notice to the other party, setting forth the subject of the dispute and the relief requested. The recipient of such notice will respond within ten (10) business days with a statement of its position on the dispute and a recommended solution.

If the dispute is not resolved by negotiation within thirty (30) days of the initial written notice, or if the parties fail to meet within twenty (20) days, either party may initiate arbitration proceedings.

Notwithstanding the foregoing, either party may seek interim or provisional measures from any court of competent jurisdiction at any time. Seeking any such remedies shall not be deemed to be a waiver of either party’s right to compel arbitration.

19. CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. To the maximum extent provided by the applicable law we reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

20. DISCLAIMER

General Disclaimer

THE SITE AND THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

To the maximum extent permitted by the applicable law, in no event will officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors of the Company will be liable for any loss or damages, including without limitation, direct, indirect, special, consequential, or punitive loss or damages, arising from or related to your use of the Site and its Services, whether in an action of contract, tort or otherwise, and regardless of whether such damages were foreseeable and whether or not advised of the possibility of such damages.

Without limiting the generality of the foregoing, the Company shall not be liable for any lost profits, lost revenues, lost business opportunities, lost data, business interruption, other intangible losses, punitive, exemplary, special, incidental, indirect or consequential damages arising from or related to the use of the Services and the Site, including, without limitation, to any of the following: (i) loss of or inability of accesses; (ii) technical failure, malfunction or shutdown; (iii) server failure, hacks or unavailability; (iv) data loss; (v) stolen, lost, or unauthorized use of your means of authorization including private keys; (vi) errors calculating network fees; (vii) corrupted data on servers; (viii) incorrectly constructed transactions or mistyped wallet addresses; (ix) failure to update or provide correct information; (x) phishing or other websites masquerading as the Site; (xi) delays, interruptions or losses; (xii) loss of business or goodwill; (xiii) reasons related to anti-money laundering regulations or any other applicable legal provision, including, without limitation, the freezing of the transaction and/or the freezing of funds or crypto-assets.

You expressly acknowledge and agree that the Company shall not, under any circumstances, be held liable, whether in contract, tort, statute, equity, or otherwise, for any damages, losses, claims, liabilities, or expenses of any kind (including but not limited to direct, indirect, incidental, consequential, punitive or special damages), arising out of or in connection with any fraudulent activity, scam, phishing, hacking attempt, malware attack, social engineering scheme, impersonation, or any other malicious or deceptive conduct perpetrated by third parties, regardless of whether such third parties operate on, though, or independently from the Company’s Services or Site.

This exclusion of liability shall apply even if the Company has been advised of the possibility of such actions or resulting damages, and irrespective of any security measures the Company may implement in good faith.

The Company does not guarantee and shall not be responsible for the identity, legitimacy, conduct, or intentions of any Third-Party interacting with you in connection with the Services and the Site, nor for the integrity of any communication, transaction, or crypto-assets transfer that may occur outside or within the Site and the Services as a result of third-party interference. You are solely responsible for verifying the authenticity and legality of all third-party interactions and bear all associated risks. In this regard, you acknowledge and agree that you may be exposed to potential risks of fraud or scams when engaging the Services with cryptocurrency transactions. The Company and its partners shall not be held liable for any loss of funds or damage resulting from any cryptocurrency transfers related to the use of the Services and the Site towards any third-party website and/or with respect to third-party identified by the Company as potentially fraudulent. You further agree to assume full responsibility for your actions and decisions related to such transactions and hereby releases the Company and its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors, from any and all liability in this regard. If you require assistance or further information, you are advised to contact us.

You understand and agree that the Services and the Site involve the use of new, experimental technologies, including distributed ledger technologies, blockchain, smart contracts, and wallets. Any damage or loss directly attributable to the blockchain is not within the control of the Company as the blockchain used might be a public blockchain, thus it is not governed by a central entity. To the extent permitted by applicable law, the Company shall have no liability arising out of or relating to the technologies employed in the use of the Site and of the Services, including, but not limited to, distributed ledger technologies, smart contracts, and wallets.

Since the blockchain is not operated by a centralized entity, the Company has no control over, and it shall in no event be liable for any errors resulting from the failure of your connection to the Site or the blockchain, or for technical issues related to transactions necessary to process and transfer crypto-assets (including gas fees, third-party platform fees, blockchain network congestion, etc.), as these circumstances might depend on factors beyond Company’s control.

21. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any Third-Party due to or arising out of: (i) use of the Site; (ii) breach of these Terms and Conditions; (iii) any breach of your representations and warranties set forth in these Terms and Conditions; (iv) your violation of the rights of a Third-Party, including but not limited to intellectual property rights; or (v) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

22.1 Electronic Communications

The Swiss Federal Act on Electronic Signatures (“ZertES”) and other applicable Swiss laws regarding electronic signatures apply. By using the Site and the Service, you acknowledge that electronic signatures used in transactions related to the Site and the Services are legally binding and valid under Swiss law.

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. To the maximum extent provided by the applicable law, you agree that any electronic communications, all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, shall be considered valid and delivered when you receive them on the credentials used in relation to the use of Services and the Site.

22.2 Electronic Signatures and Transactions

You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site. This includes but is not limited to the use of qualified electronic signatures as defined under Swiss law.

22.3 Security and Integrity

We take reasonable measures to ensure the security and integrity of electronic communications and transactions. However, you acknowledge that no method of transmission over the internet or method of electronic storage is completely secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

23. MISCELLANEOUS

These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Site and/or the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

 

24. CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

GOAT FINANCE SAGL

Via Pasquale Lucchini 4

Lugano, Ticino 6900

Switzerland