Standard Transfer Agreement for Crypto-Assets

1.1.This Standard Transfer Agreement for Crypto-Assets ("Transfer Agreement" or "Agreement") supplements Floin’s General Terms of Service, including the fee schedule, risk disclosures, privacy notice, complaints procedure and any other documents incorporated into or made available under the General Terms (together, the "General Terms").

1.2.This Agreement applies where Floin provides transfer services in connection with Crypto-Assets through the Platform. It also applies, mutatis mutandis, to comparable transfer services for Non-MiCAR Tokens, NFTs or other Tokens under Liechtenstein law and the TVTG, to the extent such service is supported by Floin and legally permitted.

1.3.In case of conflict between this Agreement and the General Terms, this Agreement prevails for the Transfer Service. Other service-specific terms, including the Custody Agreement, Exchange Agreement, Placement Terms or Token Creation and Issuance Terms, prevail for their respective subject matter.

1.4.The Transfer Service is separate from custody, exchange, placement, issuance, token generation, investment advice, portfolio management, payment services, e-money issuance, deposit-taking and banking services. Any such service requires separate terms or a separate legal basis.

2.1.The Transfer Service is provided by Floin AG, a public limited company incorporated under the laws of Liechtenstein, with registered office at Am Schrägen Weg 2, 9490 Vaduz, Liechtenstein, public register number FL-0002.580.678-2 ("Floin", "Company", "we", "us" or "our").

2.2.Floin is supervised by the Liechtenstein Financial Market Authority ("FMA") and is authorised as a crypto-asset service provider under MiCAR for the provision of transfer services in connection with Crypto-Assets. Floin is also registered under the TVTG for residual TT services to the extent applicable, in particular for services concerning Tokens that are outside the scope of MiCAR.

2.3.The User is any natural or legal person that has registered and verified an Account with Floin and uses or seeks to use the Transfer Service. Where the User acts for a legal entity, the person using the Account confirms that they are duly authorised to bind that entity.

2.4.The place of performance of the Transfer Service is Liechtenstein unless mandatory law provides otherwise or the parties expressly agree otherwise in writing.

3.1.Capitalised terms used in this Agreement have the meaning given below. Capitalised terms not defined in this Agreement have the meaning given in the General Terms.

4.1.Floin provides different services to send, receive, credit, debit or otherwise transfer supported Crypto-Assets through the Platform. The Transfer Service includes External Transfers and, where supported by Floin, Internal Transfers.

4.2.External Transfers comprise Deposits and Withdrawals. Deposits involve the receipt of supported assets from an external address or wallet. Withdrawals involve the sending of supported assets from the Platform to an external address or wallet instructed by the User.

4.3.External Transfers are executed through supported DLT Networks or similar technical protocols. Once a Withdrawal has been broadcast or submitted to a DLT Network, its execution, confirmation and finality are governed by that DLT Network and are not fully controlled by Floin.

4.4.Internal Transfers are executed by debiting and crediting positions in the Off-Chain Information Ledger. Internal Transfers do not necessarily involve an on-chain transaction. Floin may disable or restrict Internal Transfers generally or for specific assets, including e-money tokens, stablecoins, NFTs or Non-MiCAR Tokens.

4.5.A Transfer request cannot be cancelled by the User after submission unless the Platform expressly permits cancellation and the request has not yet been executed, processed, broadcast, credited, debited or accepted for compliance review. Transfers to a wrong address, wrong network, wrong account, unsupported token contract or missing tag or memo may be irreversible.

5.1.Where the asset is a Crypto-Asset within the scope of MiCAR, the Transfer Service is provided as a crypto-asset service consisting of transfer services for crypto-assets on behalf of clients. This Agreement does not create a payment account, deposit account, bank account, securities account or e-money account with Floin.

5.2.Floin does not issue electronic money or e-money tokens, does not redeem e-money tokens and does not provide payment services merely because a supported e-money token or stablecoin may be technically transferable. Any fiat or payment service component, where available, is performed by duly authorised third-party institutions under their own terms.

5.3.Transfers of e-money tokens or stablecoins may be limited to purposes that are ancillary to permitted crypto-asset services as part of settlement and execution of exchange services only. Floin may prohibit third-party payment purposes, merchant payments, internal transfers between different beneficial owners or withdrawals to wallets not verified as controlled by the User.

5.4.Where the asset is a Non-MiCAR Token, NFT or other Token outside MiCAR, Floin may provide transfer-related services under Liechtenstein law and the TVTG to the extent Floin is registered or otherwise permitted to provide the relevant service. Whether an asset is outside MiCAR depends on substance and may require a case-by-case assessment.

5.5.Nothing in this Agreement obliges Floin to support any asset, DLT Network, wallet type, transfer type or jurisdiction. Floin may determine supported assets, supported networks, minimum and maximum amounts, required confirmations, security checks and operational processes at its discretion, subject to applicable law.

6.1.Floin provides the Transfer Service using its Platform, internal records, security systems, compliance systems, custodial wallet infrastructure, smart-contract interfaces where applicable and supported DLT Networks.

6.2.For a Deposit, the User must transfer the relevant asset to the correct deposit address, on the correct DLT Network, with any required tag, memo, reference or other identifier. The asset is credited to the User’s Account only after Floin has received sufficient technical confirmation and completed required compliance checks.

6.3.A Deposit may remain unavailable until the relevant DLT Network has achieved the number of confirmations required by Floin, until Travel Rule and AML/CFT checks are completed, until source of funds or source of wealth information is accepted or until any other required review is completed.

6.4.For a Withdrawal, the User submits the Withdrawal request through the Platform and confirms the relevant asset, amount, DLT Network, external address, tag or memo where applicable and any other required information. Floin may deduct or reserve the relevant asset amount and applicable fees from the Account pending execution.

6.5.After Floin has approved a Withdrawal for execution, Floin may submit or broadcast the transaction information to the selected DLT Network. Once submitted to the DLT Network, the Withdrawal is subject to network rules, validators, miners, sequencers, smart contracts, congestion, finality, forks, outages and other technical conditions outside Floin’s control.

6.6.For an Internal Transfer, where supported, Floin debits the sender’s Account and credits the recipient’s Account in the Off-Chain Information Ledger or on-chain as applicable. Floin may require identifiers, recipient confirmation, beneficiary information, compliance checks or other information before executing an Internal Transfer.

6.7.For a successful External Transfer, the relevant DLT Network may generate a transaction hash or transaction ID. Such transaction ID may be publicly visible. Floin may make the transaction ID and post-execution information available to the User through the Platform, email or another durable medium where required by law.

6.8.Floin may use omnibus wallets, individual wallets, hot wallets, cold wallets, or other technical arrangements for Transfers. The legal attribution of assets is determined by Floin’s records, the Custody Agreement where applicable and mandatory law.

7.1.Floin performs Travel Rule, AML/CFT, sanctions, fraud, cybersecurity and market integrity checks before, during and after Transfers. These checks may be automated, manual or performed through third-party tools or service providers.

7.2.For External Transfers, Floin may be required to collect, verify, retain, transmit and receive information concerning the Originator and Beneficiary. This may include names, addresses, account identifiers, wallet addresses, dates and places of birth, customer identification numbers, transaction identifiers, email addresses and other information required by applicable law or by counterparty service providers.

7.3.For Transfers to or from a Hosted Wallet, Floin may assess the receiving or sending service provider. Floin may reject, suspend or delay a Transfer if the service provider does not cooperate, is not capable of receiving or transmitting required Travel Rule data, fails due diligence, presents excessive risk or is connected to a restricted jurisdiction, sanctioned person or prohibited activity.

7.4.For Transfers to or from an Unhosted Wallet, Floin may require the User or other relevant person to verify ownership or control of the wallet address, provide beneficiary information, perform a cryptographic proof, sign a message, conduct a small verification transfer or satisfy another verification method required by Floin.

7.5.Floin may reject, suspend, delay, freeze, return or otherwise restrict a Transfer where information is incomplete, inconsistent, outdated, implausible, suspicious, legally prohibited or insufficient under Floin’s policies, Travel Rule requirements, AML/CFT law, sanctions rules, tax requirements or authority instructions.

7.6.The User acknowledges that Floin may be prohibited by law from disclosing the existence, nature or reason of certain compliance checks, suspicious activity reports, authority requests, account restrictions or transaction restrictions.

8.1.The User must provide complete, accurate and current information for every Transfer, including asset type, amount, DLT Network, wallet address, recipient information, tag, memo, reference, originator information, beneficiary information, source of funds and any other information requested by Floin.

8.2.The User is solely responsible for verifying that the selected asset, network, address, token contract, tag, memo, recipient and transfer amount are correct and supported. The User must not rely on screenshots, informal messages, third-party links or copied addresses without independent verification.

8.3.The User must not request a Transfer to or from a wallet, address, person, service provider, protocol, mixer, tumbler, darknet market, sanctioned person, sanctioned jurisdiction, fraud scheme, high-risk arrangement or other destination prohibited by law, Floin’s policies or the General Terms.

8.4.The User must notify Floin without undue delay if a Deposit was made on-chain to the correct deposit address but was not credited within a reasonable time. The User must provide the transaction ID, asset, amount, DLT Network, sending address, receiving address, timestamp and any other information requested by Floin.

8.5.The User must notify Floin without undue delay if the User becomes aware of an unauthorised Transfer request, a compromised Account, wrong wallet address, incorrect network selection, missing tag or memo, suspected fraud, security breach or any other issue affecting a Transfer.

8.6.The User must maintain the security of the Account, credentials, devices, email accounts, authentication factors, API keys and wallet information. Floin may treat instructions authenticated through the Account as User instructions unless the misuse is attributable to Floin under mandatory law.

9.1.Floin supports only those assets, DLT Networks, wallet types, transfer types and jurisdictions that are made available on the Platform or otherwise confirmed by Floin. Support may differ between Deposits, Withdrawals, Internal Transfers, custody, exchange, placement and other services.

9.2.If the User sends unsupported assets, uses an unsupported network, transfers to an obsolete address, sends assets to a wrong token contract or omits a required tag or memo, the assets may be permanently lost. Floin has no obligation to recover unsupported or wrongly transferred assets. If Floin attempts recovery, the User must bear all costs, fees, taxes and technical risks.

9.3.NFTs and Non-MiCAR Tokens may have additional technical and legal risks, including metadata changes, smart-contract permissions, intellectual property restrictions, transfer restrictions, issuer restrictions, royalty mechanics, marketplace limitations, token standards, bridge dependencies and lack of fungible market value. Floin may reject or restrict transfers of NFTs and Non-MiCAR Tokens at its discretion.

9.4.Where the transfer of a Token represents or purports to represent a legal right, claim, membership right, property right or other right, the User remains responsible for verifying whether the transfer of the Token validly transfers the represented right under the applicable substantive law. Floin does not guarantee the validity, existence, enforceability or transferability of any represented right unless expressly agreed in writing.

9.5.Floin may classify, reclassify, restrict, suspend, disable, delist or cease support for assets or networks due to regulatory changes, technical risks, legal uncertainty, liquidity issues, issuer conduct, smart-contract risk, sanctions, network instability, insufficient due diligence information or other reasons relevant to safe and lawful operation.

10.1.Floin may reject, suspend, delay, freeze, block, return or cancel Transfer Services to maintain Platform integrity, Account security, compliance, operational resilience and legal certainty.

10.2.Floin may impose temporary security holds after Account security events, including password changes, email changes, phone number changes, authenticator changes, API key changes, withdrawal whitelist changes, device changes, failed login attempts, self-reactivation, passkey changes, suspicious activity or other security events determined by Floin.

10.3.Floin may reject or suspend a Transfer if the recipient address does not match the selected DLT Network, the asset or network is unsupported, a required tag or memo is missing, the amount exceeds available balance or applicable limits, the amount is below the minimum, the Transfer would breach sanctions or AML/CFT rules, the Travel Rule information is incomplete or inconsistent, wallet control is not verified, or a technical issue prevents execution.

10.4.Floin may also reject or suspend a Transfer in case of maintenance, DLT Network upgrades, forks, chain splits, bridge incidents, smart-contract vulnerabilities, transaction backlog, abnormal fees, market disruptions, suspicious activity, legal disputes, garnishment, succession upon death, authority orders, tax restrictions, regulatory restrictions or internal compliance escalation.

10.5.Where legally permitted, Floin will inform the User of the rejection or suspension and may provide information on the reason, possible remedies, fees incurred and further steps. Floin is not required to disclose information where disclosure would breach law, regulatory expectations, security requirements, AML/CFT duties, sanctions rules or authority instructions.

10.6.If a Deposit is rejected, Floin may return the asset to the originating address, transfer it to another verified address, keep it blocked pending review, report it to authorities, seek further information or take another legally required or permitted action. Network fees, recovery fees, conversion costs and third-party costs may be borne by the User where permitted by law.

11.1.Fees for the Transfer Service are set out in the fee schedule or displayed on the Platform before the relevant Transfer request is submitted, where applicable. Fees may differ by asset, DLT Network, wallet type, user category, volume, urgency, risk profile or other objective criteria.

11.2.For Withdrawals, network fees, gas fees, miner fees, validator fees, bridge fees, smart-contract interaction fees or similar third-party costs may apply. Floin may determine or estimate such fees for operational reasons and may require the User to use the predefined fee level displayed on the Platform.

11.3.For Deposits, network fees and third-party costs are generally initiated and settled outside Floin’s sphere by the sender. The User bears such costs unless mandatory law or a specific agreement provides otherwise.

11.4.Floin may charge investigation, recovery, return, manual processing, unsupported asset, wrong network, compliance review, document request or dormant asset fees where disclosed in the fee schedule or otherwise permitted by law.

11.5.Taxes, duties, levies, withholding obligations and reporting obligations connected with Transfers are the User’s responsibility unless Floin is legally required to withhold, report or deduct amounts. The User must provide any information required for tax compliance.

12.1.The Transfer Service can be used only after the User has authenticated the Account and completed any verification steps required by Floin. Floin may require strong authentication, additional approval, wallet whitelisting, cooling-off periods, device confirmation or manual review for Transfers.

12.2.Floin may communicate with the User through the Platform, email, mobile or app notification, secure message, post or another durable medium. The User must keep contact details, residency, citizenship, tax information, wallet information and beneficial ownership information complete and up to date.

12.3.Floin may record and retain Transfer requests, confirmations, instructions, authentication logs, wallet addresses, transaction IDs, compliance data, Travel Rule data, communications, support tickets and other records to the extent permitted or required by law. Such records may be used as evidence of instructions, transactions, authentication, confirmations and account activity.

12.4.Formal notices and post-execution information may be provided electronically where permitted by law. The User agrees that electronically provided records may be stored and reproduced unchanged.

13.1.Transfers of Crypto-Assets, Tokens, NFTs and Non-MiCAR Tokens carry substantial legal, technical, operational and economic risks. These risks include irreversible transactions, wrong address risk, wrong network risk, missing tag or memo risk, protocol risk, smart-contract risk, bridge risk, custody risk, cyber risk, sanctions risk, tax risk and regulatory risk.

13.2.Floin does not provide investment advice, legal advice, tax advice, technical advice on third-party wallets or advice on whether a particular Transfer is suitable for the User. The User must make their own assessment and seek independent advice where appropriate.

13.3.Floin does not guarantee that a recipient will credit, return, recognise or treat a Transfer in any specific way. A DLT Network may show a transaction as complete while a third-party service provider, smart contract, bridge, marketplace or recipient may still reject or fail to credit it.

13.4.Further risks are described in the General Terms and Annex II. The risk disclosures are not exhaustive.

14.1.Floin’s liability under or in connection with the Transfer Service is governed by the General Terms, this Agreement and mandatory law.

14.2.Floin is not liable for losses resulting from incorrect User instructions, wrong wallet addresses, wrong DLT Networks, missing tags or memos, unsupported assets, compromised User credentials, DLT Network failures, blockchain congestion, forks, bridges, smart-contract defects, third-party wallet providers, recipient conduct, issuer conduct, stablecoin depegging, sanctions measures, lawful blocking, authority orders, tax consequences, force majeure or circumstances outside Floin’s control, except to the extent mandatory law provides otherwise.

14.3.Floin’s aggregate liability under or in connection with this Agreement is limited to the total fees actually paid by the User to Floin under this Agreement during the six months preceding the event giving rise to liability, unless mandatory law requires a higher amount. Floin is not liable for negligence. Nothing excludes liability for wilful misconduct or liability that cannot be limited under mandatory law. The risk of accidental loss lies with the User.

14.4.Where custody is involved, Floin’s liability for the loss of Crypto-Assets or means of access attributable to Floin is subject to the Custody Agreement, Article 75 MiCAR and mandatory law. Incidents not attributable to Floin include issues inherent in the operation of a distributed ledger or a technical protocol that Floin does not control.

14.5.Floin is not liable for indirect damages, loss of profit, loss of opportunity, loss of business, reputational damage, consequential loss or speculative loss, except to the extent liability cannot be excluded under mandatory law.

14.6.Nothing in this Agreement limits liability for wilful misconduct, personal injury, liability that cannot be excluded under mandatory consumer law or liability that cannot be excluded under MiCAR or other applicable mandatory law.

14.7.The User must notify Floin without undue delay after becoming aware of any alleged unauthorised Transfer, incorrect Transfer, missing Deposit, wrong debit, failed Withdrawal or other issue affecting a Transfer. Delayed notification may restrict Floin’s ability to investigate, recover assets or mitigate loss.

14.8.Unless a shorter or longer limitation or preclusive period applies by law, all claims against Floin shall be forfeited for the User as an entrepreneur (B2B) if they are not asserted in court within six months from the time at which the User became aware of the damage and the person causing the damage or of the event otherwise giving rise to the claim. All claims, but not warranty claims, against Floin shall expire if they are not asserted by User as a consumer in court within one year from the time at which the User became aware of the damage and the person causing the damage or of the event otherwise giving rise to the claim. In any case all claims shall expire at the latest after the expiry of five years after the conduct causing the damage (giving rise to the claim) (breach).

15.1.Floin may amend this Agreement in accordance with the amendment procedure in the General Terms. Floin will notify the User on paper or another durable medium where required by law.

15.2.Changes become effective upon the earlier of the User’s express acceptance or the expiry of the objection period stated in the amendment notice, unless the User objects in time. Where required by mandatory law, deemed consent will be used only if the relevant statutory conditions are satisfied.

15.3.The User may terminate the affected part of the contractual relationship without notice before the proposed change becomes effective where the amendment notice grants such right. Until termination takes effect, access may remain available subject to security, compliance and technical restrictions.

15.4.Floin may implement new services, new asset support, risk-reducing changes, legal updates, technical changes, network changes, security measures, temporary restrictions, fee changes for future transactions or mandatory changes with shorter notice where permitted or required by law.

16.1.The User may terminate the Transfer Service or the Account in accordance with the General Terms. Floin may terminate, restrict or suspend the Transfer Service or the Account in accordance with the General Terms, this Agreement and applicable law.

16.2.After termination, the User must withdraw supported assets, close open transfer requests and settle outstanding fees, costs, taxes and obligations unless Floin is legally prohibited from permitting withdrawal or requires further compliance checks.

16.3.If assets remain after termination, Floin may restrict access, charge fees, require additional documentation, sell or convert assets where permitted, return assets to a verified address, deposit assets or proceeds with a court or authority, or take other measures described in the General Terms and allowed by law.

16.4.Provisions concerning fees, liabilities, risk allocation, records, data processing, disclosure, governing law, jurisdiction, compliance restrictions and any provision intended to survive termination continue to apply after termination.

16.5.If the User is a consumer, the consumer withdrawal provisions in the General Terms apply to this Agreement.

16.6.The User expressly requests that Floin begins Transfer Services immediately after the User requests a Deposit, Withdrawal, Internal Transfer, External Transfer or related execution step.

16.7.The User acknowledges that an External Transfer cannot be cancelled once submitted, broadcast or released to a distributed ledger network and that an Internal Transfer cannot be cancelled once credited and debited in Floin’s internal records.

16.8.Withdrawal from this Agreement does not create a right to reverse, unwind or repeat a completed Transfer.

17.1.Floin processes personal data according to its privacy notice and applicable data protection law. The Transfer Service may require processing of identity data, transaction data, wallet data, blockchain analytics data, device data, contact data, Travel Rule data and compliance information.

17.2.Floin may disclose User data, Account data, wallet data and Transfer data to authorities, courts, auditors, banks, payment service providers, e-money institutions, crypto-asset service providers, TT service providers, Travel Rule solution providers, custodians, blockchain analytics providers, network infrastructure providers or other recipients where required or permitted by law, necessary for the Transfer Service, necessary for compliance or otherwise described in the privacy notice.

17.3.For Transfers, blockchain and TT-system data may be public, permanent and outside Floin’s control. Even where Floin restricts access to Platform data, on-chain data may remain visible to third parties.

18.1.This Agreement and all non-contractual obligations arising out of or in connection with it are governed by the laws of Liechtenstein, excluding the United Nations Convention on Contracts for the International Sale of Goods and excluding conflict-of-law rules to the extent such exclusion is valid.

18.2.For Users acting as entrepreneurs or legal entities, the courts competent for Vaduz, Liechtenstein, have exclusive jurisdiction. For consumers, mandatory statutory jurisdiction and consumer protection rules remain unaffected.

18.3.If any provision of this Agreement is invalid, unlawful or unenforceable, the remaining provisions remain effective. The invalid, unlawful or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest to the economic and legal purpose of the original provision, to the extent permitted by law.

18.4.The English version of this Agreement is authoritative unless Floin publishes a German version and expressly designates the German version as prevailing. Mandatory statutory information may be provided in another language where required by law.