Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the GoldFinger platform (the “Platform”), including all services, features, and functionalities related to Aurum Reserve Token (“$ART”) and GoldFinger Governance Token (“$GF”) (collectively, the “Tokens”). The Platform is operated by GoldFinger Foundation (the “Foundation”), a legal entity incorporated in [Insert Jurisdiction, e.g., Singapore] (Company Registration Number: [Insert Number]).

By accessing or using the Platform, minting, redeeming, trading, or staking $ART or $GF, you (“User” or “You”) acknowledge that you have read, understood, and agree to be bound by these Terms, as well as all applicable laws and regulations. If you do not agree to these Terms, you must not use the Platform or interact with the Tokens.

1. Eligibility to Use the Platform

1.1 Age and Capacity: You must be at least 18 years old (or the age of majority in your jurisdiction, whichever is higher) and have the legal capacity to enter into binding contracts. By using the Platform, you represent and warrant that you meet these requirements.

1.2 Compliance with Laws: You must use the Platform in compliance with all applicable laws, regulations, and sanctions in your jurisdiction. The Foundation may restrict access to the Platform for Users in jurisdictions where $ART, $GF, or the Platform’s services are prohibited by law.

1.3 KYC/AML Requirements: To access certain features (e.g., minting or redeeming $ART), you must complete the Foundation’s Know-Your-Customer (“KYC”) and Anti-Money Laundering (“AML”) verification processes. You agree to provide accurate, current, and complete information during KYC/AML checks and to update such information as needed. The Foundation reserves the right to reject or suspend your access if you fail to meet KYC/AML requirements.

2. Description of Platform Services

2.1 Core Services: The Platform enables Users to:

(a) Mint $ART by depositing eligible assets (physical gold or stablecoins) post-KYC/AML verification;

(b) Redeem $ART for stablecoins or physical gold, subject to annual redemption windows and minimum thresholds;

(c) Stake $ART or $GF to earn rewards, as outlined in the GoldFinger Whitepaper;

(d) Participate in decentralized governance of the Platform via $GF voting rights;

(e) Access real-time data (e.g., $ART Net Asset Value (“NAV”), Token prices) and audit reports.

2.2 Service Modifications: The Foundation reserves the right to modify, suspend, or discontinue any part of the Platform (e.g., adjust staking rewards, update redemption rules) with reasonable notice. Notice will be provided via the Platform’s official website, community forums, or email (if you provided contact information).

3. User Obligations

3.1 Account Security: You are solely responsible for securing your crypto wallet (e.g., MetaMask, Trust Wallet) used to interact with the Platform. The Foundation will never request your private keys, and you must not share them with any third party. The Foundation is not liable for asset losses resulting from unauthorized access to your wallet.

3.2 Prohibited Activities: You must not use the Platform for any unlawful or fraudulent purpose, including:

(a) Money laundering, terrorist financing, or violating sanctions;

(b) Manipulating $ART or $GF prices (e.g., “pump-and-dump” schemes, wash trading);

(c) Hacking, disrupting, or attempting to exploit vulnerabilities in the Platform’s smart contracts or infrastructure;

(d) Impersonating other Users or the Foundation;

(e) Distributing malware or phishing links via the Platform’s community channels.

3.3 Accuracy of Information: You warrant that all information you provide to the Foundation (e.g., KYC details, contact information) is true and accurate. The Foundation may terminate your access if you provide false or misleading information.

4. Token-Specific Terms

4.1 $ART Terms:

(a) $ART is a digital asset backed by a diversified portfolio of gold-related assets, as described in the GoldFinger Whitepaper. The Foundation does not guarantee $ART’s NAV or secondary market price stability.

(b) Minting and redemption of $ART are subject to the latest NAV, fees (e.g., 0.5% minting fee, 1% redemption fee), and annual redemption windows. The Foundation may adjust fees with prior notice.

(c) $ART redemptions for physical gold are subject to minimum quantities (e.g., 1 gram) and delivery fees, which will be disclosed at the time of redemption.

4.2 $GF Terms:

(a) $GF is a governance token that grants voting rights in the Platform’s decentralized governance process. $GF does not represent equity, debt, or any other financial instrument in the Foundation.

(b) $GF staking rewards and distribution are subject to the rules outlined in the GoldFinger Whitepaper. The Foundation may adjust reward structures with community approval via governance votes.

(c) $GF has a fixed total supply, with no additional minting post-launch.

5. Intellectual Property Rights

5.1 The Foundation retains all intellectual property rights in the Platform, including but not limited to trademarks, logos, software, smart contracts, documentation, and content (the “IP”). You may not use, reproduce, or distribute the IP without the Foundation’s prior written permission.

5.2 You grant the Foundation a non-exclusive, worldwide license to use any feedback or suggestions you provide regarding the Platform (e.g., feature requests, bug reports) for improving the service, without compensation.

6. Disclaimers of Warranty

THE PLATFORM, $ART, AND $GF ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THE FOUNDATION EXPRESSLY DISCLAIMS:

(a) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT;

(b) WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE;

(c) WARRANTIES REGARDING $ART’s NAV OR $GF’s price stability, or the performance of the underlying gold-related assets;

(d) WARRANTIES THAT THE PLATFORM WILL COMPLY WITH ALL LAWS IN YOUR JURISDICTION.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FOUNDATION SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, ASSETS, OR DATA) ARISING FROM:

(a) YOUR USE OR INABILITY TO USE THE PLATFORM;

(b) $ART OR $GF PRICE FLUCTUATIONS, REDemption DELAYS, OR SERVICE INTERRUPTIONS;

(c) SMART CONTRACT VULNERABILITIES, HACKS, OR UNAUTHORIZED ACCESS TO YOUR WALLET;

(d) CHANGES IN LAWS OR REGULATIONS THAT AFFECT THE PLATFORM OR TOKENS;

(e) ANY THIRD-PARTY ACTS OR OMISSIONS (E.G., CUSTODIAN ERRORS, EXCHANGE DISRUPTIONS).

THE FOUNDATION’S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT OF FEES YOU PAID TO THE FOUNDATION IN THE 12 MONTHS PRIOR TO THE CLAIM.

8. Termination and Suspension

8.1 The Foundation may terminate or suspend your access to the Platform immediately if:

(a) You violate these Terms or applicable laws;

(b) You fail to complete KYC/AML verification;

(c) Your access poses a risk to the Platform, other Users, or the Foundation;

(d) Required by regulatory authorities.

8.2 Upon termination, you will no longer be able to use the Platform’s services, but your obligations under these Terms (e.g., indemnification, limitation of liability) will survive termination.

9. Indemnification

You agree to indemnify, defend, and hold harmless the Foundation, its directors, officers, employees, and agents from and against any claims, losses, damages, liabilities, and expenses (including legal fees) arising from:

(a) Your use of the Platform or interaction with the Tokens;

(b) Your violation of these Terms or applicable laws;

(c) Your provision of false or misleading information to the Foundation;

(d) Unauthorized access to your wallet or asset losses resulting from your negligence.

10. Dispute Resolution

10.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of [Insert Jurisdiction, e.g., Singapore], without regard to its conflict of laws principles.

10.2 Negotiation: Before initiating any legal action, you and the Foundation agree to attempt to resolve disputes through good-faith negotiation for 30 days. If negotiation fails, disputes shall be resolved via arbitration.

10.3 Arbitration: Arbitration shall be conducted by the [Insert Arbitration Body, e.g., Singapore International Arbitration Centre (SIAC)] in accordance with its rules. The arbitration award shall be final and binding on both parties.

11. General Provisions

11.1 Entire Agreement: These Terms constitute the entire agreement between you and the Foundation regarding the Platform and Tokens, superseding all prior or contemporaneous agreements.

11.2 Amendments: The Foundation may update these Terms by posting the revised version on the Platform’s official website. Revisions will take effect 14 days after posting, unless otherwise required by law. Your continued use of the Platform after the effective date constitutes acceptance of the revised Terms.

11.3 Severability: If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.

11.4 No Assignment: You may not assign these Terms or your rights under them without the Foundation’s prior written permission. The Foundation may assign these Terms to a third party in connection with a merger, acquisition, or sale of assets.

11.5 Contact Information: For questions about these Terms, contact the Foundation or via the Platform’s official support channel.