Terms of Use
Last updated: April 10, 2026
1. Introduction
These terms of use, together with any other documents or agreements incorporated by reference (collectively the "Terms"), are entered into between Finka Swiss AG ("FinkaMetals", "we", "us", and "our" respectively) and you individually or the company, legal entity, organisation, or structure you represent ("you"). We reserve the right to, at any time and in our sole discretion, modify these Terms.
Any changes will be made available through an updated version of these Terms on the Website. Any changes are effective immediately upon making them available on the Website, and we encourage you to regularly review these Terms for any changes. Your continued access of the Website or use of the Services will constitute your acceptance of any such changes to the Terms as made available on the Website.
Please review these Terms carefully in their entirety, as they govern your use of the website located at www.finkametals.com and all associated websites (collectively the "Website") and, as applicable, the FinkaMetals trading platform, tender management system, and other technical infrastructure and information services (Services as defined below) and describe your rights and obligations, disclaimers, limitations of legal liability, applicable laws and jurisdiction, and other terms.
At any time you access the Website or use the Services, you accept these Terms in their current version, as made available on the Website. If you do not accept these Terms or if you do not have the full capacity to legally enter into these Terms in their entirety, you may not access the Website and/or use the Services.
2. Services
The following services are collectively referred to as "Services". The availability of certain Services may be subject to additional terms or agreements with us or third parties and/or may require payment.
2.1 FinkaMetals Trading Platform
The FinkaMetals trading platform is a digital marketplace that connects buyers and sellers of metal concentrates and related commodities. The platform provides tender management, price discovery, digital contract execution, and settlement coordination services, leveraging blockchain technology for transparency and integrity.
Through the platform, registered and verified users may:
- Create, manage, and participate in tenders for metal concentrates
- Submit and receive bids
- Execute digital contracts for commodity transactions
- Access market data and analytics
- Manage trading documentation and settlement workflows
Usage of the platform is subject to successful completion of identity verification (KYB/KYC) and compliance checks. FinkaMetals reserves the right to restrict or deny access to any user or entity at its sole discretion.
2.2 Website
Through the Website and other means, we may provide information, documentation, blog content, and other resources in relation to the FinkaMetals platform, metals trading, and related topics. Any such content is provided purely for informational purposes. None of such content is to be understood as any sort of financial, investment, legal, tax, or other professional advice. FinkaMetals does not warrant the actuality, completeness, correctness, accuracy, or suitability for a specific purpose of any of the content.
The Website may contain statements that constitute "forward-looking statements", including but not limited to descriptions of planned features, projected market trends, third-party data or forecasts, and anticipated platform capabilities. Forward-looking statements are based on current expectations and assumptions and are subject to risks and uncertainties that could cause actual results to differ materially. FinkaMetals is under no obligation to update or alter such forward-looking statements, whether as a result of new information, future events, or otherwise, and makes no warranty regarding the accuracy of such statements.
3. Account Registration and Verification
To access certain Services, you must register for an account and complete our identity verification process, which may include Know Your Business (KYB) and Know Your Customer (KYC) procedures.
You agree to:
- Provide accurate, current, and complete information during registration and verification
- Maintain and promptly update your account information to keep it accurate and complete
- Maintain the security of your account credentials and not share them with any third party
- Immediately notify us of any unauthorised access to or use of your account
- Accept responsibility for all activities that occur under your account
We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, incomplete, outdated, or misleading.
4. Nature of the Platform; No Financial Products or Services
4.1 FinkaMetals provides a digital marketplace exclusively for the commercial procurement and sale of metal concentrates between commercial and industrial participants. Transactions facilitated through the platform are commercial commodity transactions, not financial instruments, securities, or derivatives. FinkaMetals does not act as a party to any transaction between users. FinkaMetals is not responsible for the quality, quantity, or delivery of commodities traded through the platform.
4.2 FinkaMetals does not operate as a regulated financial exchange, a payment service provider, or a financial intermediary. Settlement and payment services available through the platform are facilitated by licensed third-party partners. FinkaMetals does not hold, transfer, or process funds on behalf of users, and does not exercise power of disposal over any digital assets, stablecoins, or fiat currency belonging to users.
4.3 FinkaMetals does not issue, offer, or facilitate the purchase or sale of any financial instrument, security, collective investment scheme, or investment product. Nothing on the Website or within the Services constitutes investment advice, a solicitation to invest, or an offer of any financial product.
4.4 References on the Website or within the Services to tokenisation, digital records, or blockchain-based data structures describe technical infrastructure for recording and verifying transaction data. Such references do not constitute or imply the creation, offering, or distribution of financial instruments, securities, or investment products.
4.5 Any information on the Website relating to financing structures, settlement models, or third-party financial services is provided for informational purposes only and does not constitute an offer or solicitation by FinkaMetals.
5. No Warranty; No Guarantees; Disclaimers
FinkaMetals and its respective members, officers, directors, employees, contractors, and other contributors (collectively the "Protected Parties") make no representations or warranties, express or implied or statutory, regarding title, usage, security, legality, accuracy, absence of errors or bugs, reliability, completeness, suitability, fitness for a specific purpose, merchantability, non-infringement, actuality, relevance, availability at certain times, or any other characteristics of the Services.
All Services are subject to change or unavailability without notice and without remedy on your behalf. All Services are strictly provided "AS IS" and "AS AVAILABLE", without any warranty, representation, or guarantee of any kind.
Technology disclaimer: While the platform is designed to provide high levels of integrity, security, transparency, and auditability, no technology system can guarantee uninterrupted, error-free, or tamper-proof operation. References to features described as "immutable", "tamper-proof", "privacy-preserving by design", or similar terms describe design objectives and architectural principles, not absolute guarantees. FinkaMetals disclaims all liability arising from system interruptions, errors, security incidents, or data loss, to the maximum extent permitted by applicable law.
Third-party integrations: The platform may integrate with third-party services, including but not limited to laboratories, payment providers, blockchain infrastructure providers, and identity verification partners. FinkaMetals does not warrant the availability, accuracy, or reliability of any third-party service. Any descriptions of third-party integrations on the Website describe intended or available functionality and do not constitute a guarantee of continuous availability.
Any information or content provided on the Website or as part of the wider communication of FinkaMetals is for informational purposes only and is not intended to constitute any financial, legal, or technical advice and is not (and is not intended to be) legally binding.
Any links to third-party services, tools, or solutions are solely for convenience and are not a recommendation or endorsement or a guarantee or warranty of their functionality, security, availability, compliance with applicable laws, or otherwise.
6. Your Representations; Conditions; Prohibited Use
To use the Website or the Services, you must be able to form a legally binding contract online either on your behalf or on behalf of your organisation. Accordingly, as a condition to accessing the Website or using the Services, you represent that you are at least 18 years of age (or the age of majority in the jurisdiction applicable to you, whichever is older), can form a legally binding contract online, and have the full right, power, and capacity to enter into and comply with these Terms.
Additionally, you represent and warrant that (i) you are not the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including but not limited to any list maintained by Switzerland, the European Union, any member state of the European Union, the United Kingdom, the Office of Foreign Assets Control of the U.S. Department of the Treasury (OFAC), or the United Nations), (ii) you are not a citizen, resident, organised in, incorporated in, or effectively managed or otherwise subject to a jurisdiction or territory that is the subject to country-wide, territory-wide, or regional economic sanctions, (iii) you are not in any way or capacity subject to a jurisdiction where your use of the Website or the Services would be illegal, restricted, unauthorised, or otherwise violate any laws, rules, statutes, regulatory requirement, or similar.
Furthermore, you represent that you (i) will only use the Website and Services for lawful purposes and in accordance with these Terms and the laws applicable to you, (ii) will ensure that all information you provide to the Website, the Services, or FinkaMetals is up to date, complete, and accurate, and (iii) have full legal capacity to enter into and comply with these Terms.
You specifically may not access the Website or use the Services (i) in any way that violates, or could assist in violating, any applicable laws, statutes, rules, ordinances, or regulations, (ii) to impersonate or attempt to impersonate FinkaMetals, any Protected Party, or any other user, (iii) to cause the Website or the Services to work other than as intended, (iv) to take any action that may be reasonably construed as fraud, deceit, market manipulation, or collusion, (v) to damage the reputation of FinkaMetals, (vi) to circumvent any access restriction or security measure implemented in relation to the Services, (vii) to introduce any harmful code, malware, virus, or other harmful material into the Website or the Services, (viii) to interfere with the proper working of the Website or the Services, (ix) to infringe on or misappropriate any third-party intellectual property rights, (x) to use the Website or Services for benchmarking or competitive analysis, or (xi) to use any automated means not provided by us to access the Website or Services or to scrape or extract data.
7. Trading Rules and Conduct
When using the FinkaMetals trading platform, you additionally agree to:
- Conduct all trading activities in good faith and in compliance with applicable commodity trading laws and regulations
- Not engage in any form of market manipulation, insider trading, wash trading, or other deceptive trading practices
- Honour all bids, offers, and contracts entered into through the platform
- Comply with all applicable export controls, sanctions, and trade compliance requirements
- Provide accurate and truthful information in all tender submissions and trading documentation
FinkaMetals reserves the right to cancel, reverse, or void any transaction that it reasonably believes was executed in violation of these Terms or applicable law.
8. Limitation of Liability; Release; Indemnification
To the maximum extent permitted by applicable laws, FinkaMetals and the Protected Parties are not liable for any damage, in particular including any general damage as well as any special, indirect, incidental, punitive, exemplary, consequential, or similar damage, arising out of or in connection with the use (or non-use) of the Services (including, but without limitation, damages arising out of or connected with loss of business opportunities, trading losses, loss of data or information, business interruption or failure, loss of goodwill or reputation, or any other monetary or non-monetary loss), whether under contract, tort, statutory, or any other theory of liability.
To the maximum extent permitted by applicable laws, you hereby release and permanently discharge FinkaMetals and the Protected Parties from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind that has arisen or arises or that relates to the Services.
You agree to indemnify and hold FinkaMetals harmless 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 any breach of these Terms, any representation or warranty, or any law or regulation by you, your employees, or any other persons acting on your behalf, or your violation of the rights of a third party.
9. Intellectual Property Rights; Limited License
FinkaMetals (or, where applicable, third parties) owns intellectual property rights associated with the Services. FinkaMetals retains all rights, titles, and interests to any of its intellectual property, particularly including copyrights to code, software, designs, trademarks, patents, domains, know-how and processes, trade secrets, and data.
Subject to your full and ongoing compliance with these Terms and any other agreements, requirements, and conditions we may introduce at any time at our discretion, FinkaMetals grants you a limited, non-exclusive, non-transferable, at any time revocable licence to use the Website and the Services for their intended purpose. You acknowledge that usage of certain parts of the Services may be subject to additional requirements, including successful completion of identity verification.
10. Compliance with Tax Obligations
Your use of the Services may result in tax obligations or consequences. It is solely your responsibility to determine whether taxes apply to any transactions that you initiate or receive, and, if so, to report and/or remit the correct tax amount to the appropriate tax authority.
11. Governing Law; Jurisdiction
These Terms shall be governed by and construed in accordance with substantive Swiss laws, excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The ordinary courts at the registered seat of Finka Swiss AG have exclusive jurisdiction for any disputes arising from or in connection with these Terms.
You agree to and understand, by entering into these Terms, that you expressly waive any right, if any, to a trial by jury and any right, if any, to participate in any class action lawsuit.
12. Miscellaneous
These Terms constitute the entire agreement relating to the access of the Website or use of the Services, unless agreed otherwise. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. We may assign these Terms or any or all of our rights and obligations under these Terms to others at any time.
You may not assign these Terms or any or all of your rights and obligations under these Terms to others at any time without previous written consent of FinkaMetals. If any provision of the Terms (in whole or part) is held to be illegal, invalid, or otherwise unenforceable, the other provisions will remain in full force and effect.
There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or your access of the Website or your use of the Services.
13. Contact Information
Finka Swiss AG
Gotthardstrasse 26
6300 Zug
Switzerland
CHE-460.553.405
All rights reserved. All trademarks, logos, and service marks displayed on the Website or in connection with the FinkaMetals platform are our intellectual property or the intellectual property of third parties.