These Terms & Conditions (the "Terms") govern access to and use of the Ping Exchange platform (the "Platform"), a digital asset trading platform and related services (the "Services").
For the purposes of these Terms, a "User", "you" or "your" may refer, as applicable, to:
Where a natural person accesses or uses the Services on behalf of a legal entity, both that natural person and the relevant legal entity are subject to these Terms to the extent applicable to their respective access to, use of, rights and obligations under the Services.
By accessing or using the Services, you acknowledge that you have read, understood and accepted these Terms and agree to be legally bound by them.
By accessing or using the Services, you further represent and warrant that:
Where you access or use the Services on behalf of a legal entity, you must maintain the necessary authority for as long as you act on behalf of that entity and must cease acting on its behalf if such authority is withdrawn, expires or otherwise ceases to exist.
Your access to and use of the Services is contingent upon your acceptance of and compliance with these Terms.
Capitalized terms not otherwise defined in these Terms will have the following meanings:
For the avoidance of doubt, a Digital Asset may represent, evidence, reference or be backed by an underlying Asset. The creation, issuance, holding or transfer of a Digital Asset does not, by itself, determine the legal nature of the underlying Asset or establish that legal title to the underlying Asset has been transferred. The legal rights associated with a Digital Asset depend on its structure, applicable documentation and Applicable Law.
A Digital Asset may fall within more than one of the categories described above, and classification under one category does not exclude its classification under another category where its legal, economic or technological characteristics so require.
The Services are offered from different jurisdictions as follows:
The names of the companies offering the Services are not disclosed for security reasons.
Users are required to use CorePass, a digital identity and authentication application, for logging in and verifying their identities on the Platform.
CorePass is subject to its own Terms and Conditions and Privacy Policy, which apply separately to your use of CorePass. To use CorePass in connection with Ping Exchange, you must comply with the applicable CorePass Terms and Conditions and acknowledge having read the CorePass Privacy Policy, available at https://corepass.net and https://corepass.net/privacy-policy.
For natural persons, the verification process includes KYC through CorePass and the required Ping Exchange Registration and verification.
For Businesses, the verification process includes KYB through CorePass, including the identification and verification of Ultimate Beneficial Owners, controlling persons and Authorised Representatives. All natural persons verified as part of a Business's KYB process must also complete the required Ping Exchange Registration and verification.
Successful completion of CorePass KYC or KYB does not guarantee that a User or Business will be accepted, recognised, onboarded or otherwise approved for access to Ping Exchange or any of its Services.
Access to or verification through CorePass does not constitute approval for access to Ping Exchange. The Company independently determines eligibility for the Services in accordance with its applicable verification, regulatory, compliance and other requirements.
To use the Platform, you must create an account by providing accurate, current, and complete information as requested during the registration process. You are responsible for maintaining the confidentiality of your account access and for all activities that occur under your account. You must promptly notify Ping Exchange of any unauthorized use of your account. Ping Exchange maintains the prerogative to reject any account registration that fails to align with applicable legal obligations or the provisions of these Terms and Conditions.
For Businesses, the account must be registered and verified in the name of the Business, for its own benefit, by an Authorised Representative who has the legal authority to represent and bind the Business.
Where the ownership or control structure of the Business includes one or more legal entities, the Business may be required to provide the information and documentation required to trace the ownership and control structure in accordance with Federal Act of 10 October 1997 on Combating Money Laundering and Terrorist Financing (Money Laundering Act, AMLA; SR 955.0).
All natural persons identified and verified as part of the Business's KYB process must complete the required Ping Exchange Registration and verification, regardless of whether they are granted access to or permissions in relation to the Business account.
Following successful Business registration and verification, the Business may appoint other individuals and grant them permissions to access and perform specific functions through its Business account. Such individuals must have successfully completed their own CorePass KYC verification and Ping Exchange Registration before accessing or performing any actions through the Business account. All appointments and permissions remain subject to the Company's applicable requirements.
Individuals appointed by a Business may perform only those actions for which they have been granted the relevant permissions. Such appointments or permissions do not automatically confer authority to legally represent or bind the Business, or to perform actions beyond the scope of the authorisation granted.
The Business is responsible for ensuring that all appointments and permissions remain accurate and up to date and for promptly updating or revoking such permissions when the relevant authorisation changes, expires or is withdrawn.
The Business must ensure that all information provided in connection with its registration and KYB remains accurate, complete and current and must promptly notify the Company of any material change, including changes to its ownership, control, Ultimate Beneficial Owners, Authorised Representatives or other information relevant to its verification. The Company may require updated information, documentation or verification where necessary.
Single Account Policy
Each natural person and each Business may create, hold, verify and use only one Ping Exchange account and one associated profile.
An individual may be authorised to access or operate one or more Business accounts without creating any additional individual Ping Exchange account or profile.
For natural persons, your Ping Exchange account must be registered, verified and used only by you, for your own benefit and under your own CoreID. For Businesses, the account must be registered and verified in the name of the Business, used for its own benefit and accessed only by individuals granted the relevant permissions by the Business and satisfying the Company's applicable requirements.
You must not create, attempt to create, hold, access or use multiple Ping Exchange accounts, Business accounts, CoreIDs or verified identities for the same natural person or Business in order to bypass verification requirements, onboarding rules, trading limits, eligibility requirements, sanctions controls, account restrictions, promotions, competitions, referral programmes, fees, risk controls or any other Platform requirement.
Ping Exchange may refuse registration, reject onboarding, suspend or restrict access, consolidate accounts, disable duplicate accounts, cancel trades, refuse participation in promotions or competitions, withhold rewards, or take any other action it considers necessary where it reasonably suspects duplicate accounts, false identity information, identity sharing, credential sharing, verification abuse or circumvention of Platform rules.
Ping Exchange requests personal information and, where applicable, Business and KYB-related information from the CorePass application in connection with registration, verification and the provision of the Services.
In doing so, Ping Exchange may compensate the User for the provision of certain data. Such compensation does not affect the rights of the relevant Data Subject under applicable data protection law. Ping Exchange may retain and process the data provided to it for the purposes described in these Terms, its Privacy Policy and applicable law.
Upon the User's or, where applicable, duly authorised person's approval, the relevant information is stored in the Ping Exchange vault and subsequently sealed. A hash of this data is created, which cannot be decrypted, together with applicable boolean values. Such information may be retained for regulatory, compliance and verification purposes.
By using the Platform, you acknowledge this data handling process and acknowledge having read the Ping Exchange Privacy Policy.
Ping Exchange may provide Services to natural persons and Businesses, subject to successful completion of the applicable registration, KYC or KYB process and the Company's applicable legal, regulatory, compliance, sanctions, risk and eligibility requirements.
The Company may, in its sole discretion and subject to applicable law, determine whether a User or Business is eligible to register for, access or continue using the Services.
The Company may, in its sole discretion, determine which Services, markets, Assets, Digital Assets or functionality are available to particular categories of Users or Businesses and may restrict, limit or exclude access to any such Service, market, Asset, Digital Asset or functionality.
Certain Services, markets or functionality may be made available only to Businesses or to other categories of Users determined by the Company.
The Company may refuse registration, onboarding or access to the Services where a User or Business does not satisfy the applicable registration, verification, KYC, KYB, eligibility, compliance or other requirements.
The Company may, in its sole discretion, adjust the Tier applicable to any natural-person counterparty or Business (a "Downgrade") based on its internal assessment or any other circumstances it considers relevant. A Downgrade may affect the limits, eligibility, markets, Assets, Digital Assets, Services or functionality available to the relevant natural person or Business, including, but not limited to, any other rights, conditions or access parameters associated with the applicable Tier.
Users are strictly prohibited from engaging in the following activities:
You may not use the Services using another natural person's identity, credentials, CorePass/CoreID or identification documents, or use Business information or documentation that you are not authorised to provide. You may not register, access or operate an individual account on behalf of another natural person.
The foregoing does not prevent an Authorised Representative from registering or acting on behalf of a verified Business, or a person duly appointed by a Business from performing functions through the Business account within the scope of the permissions granted to that person and subject to these Terms.
You may not use the Services in a fiduciary, trustee, nominee, intermediary or similar capacity for or on behalf of an undisclosed third party.
Any attempt to engage in the activities described above may result in the immediate refusal of verification or onboarding, restriction, suspension or termination of access, and other action considered necessary by the Company, including in relation to accounts or Users or Businesses reasonably connected to the prohibited activity, subject to applicable law.
Trading, holding, transferring or otherwise using Assets and Digital Assets involves risk and may result in partial or total loss.
The value of Assets and Digital Assets may increase or decrease significantly within a short period of time, and past performance does not guarantee future results.
You are responsible for assessing whether the Services, Assets, Digital Assets and markets available through the Platform are appropriate for you, taking into account your own circumstances, knowledge, experience and risk tolerance.
The Company does not guarantee the value, liquidity, performance or future availability of any Asset, Digital Asset or market made available through the Platform.
To the fullest extent permitted by applicable law, the Company shall not be responsible or liable for any loss, damage, cost, expense or other consequence arising from or in connection with any of the risks described in this section, or any other risk inherent in the use of the Platform, the Services, Assets, Digital Assets or related markets. Further limitations and exclusions of the Company's liability are set out in Clause 24 (Limitation of Liability).
Provided that the balance of Assets in your Platform Account is greater than any minimum balance requirements needed to complete any of your open positions, you may transfer available and unencumbered Assets in excess of such minimum balance requirements, less any applicable fees charged by the Company as described in the Fee Schedule.
Withdrawals of Digital Assets from the Platform Account may be made only to the User's own verified external wallet registered in CorePass. For a natural person, the destination wallet must belong to and be verified to that natural person. For a Business, the destination wallet must belong to and be verified to that Business. Withdrawals to third-party wallets, unverified wallets or wallets that are not associated with the relevant verified CorePass identity or Business are not permitted.
For the purposes of these Terms, a "Withdrawal" means a transfer of Digital Assets from a Platform Account to an external wallet outside Ping Exchange. Transfers between accounts or users within Ping Exchange are not considered Withdrawals and may be subject to separate rules, limits and eligibility requirements.
This requirement is applied in order to support the Company's compliance with applicable laws and regulations, including applicable AML/CFT, sanctions, verification and other regulatory or compliance requirements.
You are solely responsible for ensuring that the wallet address and other destination information provided for the withdrawal are complete and correct. The Company shall not be responsible for any loss, delay, failed transfer or other consequence resulting from incorrect or incomplete destination information provided by you, to the fullest extent permitted by applicable law.
For specific Digital Assets, the Platform may enable you to use a Layer 2 network to deposit Digital Assets into your Platform Account and/or withdraw them from your Platform Account (the "Layer 2 Funding Services"). By using the Layer 2 Funding Services, you acknowledge and agree to the following:
Any withdrawal made through Layer 2 Funding Services remains subject to the withdrawal requirements and restrictions set out elsewhere in these Terms.
The Platform may integrate with, rely on or provide access to services offered by third-party service providers. Such third-party services may be subject to the respective provider's own terms and conditions, privacy policy, eligibility requirements, fees and other applicable rules.
CorePass is used in connection with access to and authentication for the Platform, identity verification, KYC and KYB processes, and the verification and registration of external wallets associated with Users for purposes including withdrawals from the Platform. Use of CorePass is subject to the applicable CorePass Terms and Conditions and Privacy Policy.
MoonPay may be made available through the Platform to provide fiat on-ramp services, including the purchase of supported Digital Assets using fiat currency. Any services provided by MoonPay are provided by MoonPay or the applicable MoonPay entity and are subject to MoonPay's own terms and conditions, privacy policy, eligibility requirements, fees and other applicable rules.
Where a User chooses to use, or is required to use, a third-party service in connection with the Platform, the User is responsible for reviewing and complying with the terms, policies and requirements applicable to that service.
The Company does not control the operation, availability, eligibility requirements, processing times, fees or decisions of third-party service providers and, to the fullest extent permitted by applicable law, is not responsible for any act, omission, delay, refusal, suspension, failure or other issue arising from or in connection with services provided by such third parties.
The availability or integration of any third-party service through the Platform does not constitute an endorsement, guarantee or representation by the Company regarding that third-party service, and the Company may modify, suspend or discontinue access to any such third-party service at any time, subject to applicable law.
Ping Exchange may charge fees for certain Services provided through the Platform. Applicable fees may vary depending on the Service, transaction, market, Asset, Digital Asset, or whether the User is a natural person or a Business.
You agree to pay all applicable fees. Where the User is a Business, the Business is responsible for all fees incurred through its Business account, including fees arising from actions performed by individuals acting within the permissions granted to them by the Business.
By accepting these Terms, you authorize Ping Exchange to deduct any applicable fees from the balance of your Platform Account or, where applicable, the relevant Business account, as such fees become due.
The applicable fees will be made available through the Platform or the applicable Fee Schedule and may be amended by the Company from time to time.
Each User, whether a natural person or a Business, is responsible for determining what, if any, taxes apply to the trades or transactions completed through the Services and for reporting and remitting the correct taxes to the appropriate tax authorities.
The Company is not responsible for determining whether taxes apply to any trade or transaction, or for collecting, reporting, withholding or remitting taxes arising from them, except where required by applicable law.
Where required by applicable law, the Company may withhold applicable taxes from payments or amounts otherwise payable to the User and may report or remit such taxes to the relevant tax authorities.
The Company does not provide tax, legal or accounting advice. Any tax-related information made available through the Platform is provided for general informational purposes only and should not be relied upon as professional advice. Each User is responsible for obtaining independent tax advice where appropriate.
You continue to be the legal and beneficial owner of any Funds in your Platform Account or, where the Platform Account is held by a Business, such Funds remain the property of that Business. Subject to these Terms, the same applies to any additional Digital Assets resulting from a relevant network fork, airdrop or similar distribution supported by the Platform.
The Company maintains sole discretion as to whether to support any particular fork, airdrop or similar distribution and has no obligation to support, credit or make available any such distribution. Any support provided by the Company is subject to these Terms and any applicable technical, legal, regulatory or compliance requirements.
If you opt for a market trade, the Company will endeavour, on a commercially reasonable basis, to execute the trade at the market rate available through the Platform at the time of execution.
You acknowledge and agree that market rates may change rapidly and that the execution rate may differ from the rate displayed when an order is submitted or from exchange rates available through other sources outside the Services.
The Platform, Services, software, interfaces, APIs, content, databases, documentation, trademarks, trade names, logos and other intellectual property made available through Ping Exchange are owned by or licensed to the Company and are protected by applicable intellectual property laws.
Subject to these Terms, the Company grants each User a limited, non-exclusive, non-transferable and revocable right to access and use the Platform and Services solely for their intended purpose. No ownership rights in the Platform, Services or related intellectual property are transferred to the User.
Users may not copy, reproduce, modify, distribute, publish, reverse engineer, decompile, create derivative works from, sell, license, sublicense or otherwise exploit any part of the Platform or Services except where expressly permitted by the Company or applicable law.
Nothing in this section transfers to the Company ownership of a User's or Business's own data, documents, trademarks or other intellectual property merely because such material is provided through the Platform.
The Company reserves the right, in its sole discretion, to modify, restrict, suspend, discontinue or terminate support for any Asset, Digital Asset, market or market operation, with or without prior notice. Such action may affect the availability of Assets, Digital Assets, markets, orders or other functionality through the Platform. These circumstances include, but are not limited to:
By using the Platform, each User, whether a natural person or a Business, acknowledges and agrees that the measures taken by the Company, including but not limited to those described in this section, may be necessary for market integrity, risk management, operational security, compliance with applicable laws and regulations, and the protection of the Platform and its Users.
Errors: In the event of an error in connection with the Services, including an error in an order, transaction confirmation, execution, processing, pricing, account balance or other Platform information, the Company may, but is not obliged to, take such corrective action as it considers appropriate, including correcting the error, adjusting the relevant transaction or account records, charging or crediting the correct amount, or cancelling the affected order or transaction.
Insufficient Assets and Minimum Withdrawal Requirements: Each User, whether a natural person or a Business, is responsible for ensuring that sufficient available and unencumbered Assets are maintained in the relevant Platform Account to complete any transaction or Withdrawal, satisfy any applicable minimum transaction or Withdrawal amount, and cover all applicable fees. If the available Assets are insufficient to satisfy any such requirement, the Company may reject, cancel or decline to process the transaction or Withdrawal or, where applicable and permitted, execute a transaction partially using the available and unencumbered Assets. Any applicable fees that have been incurred remain payable and are non-refundable, except where otherwise required by applicable law.
You acknowledge that information displayed through the Platform or Services may, from time to time, differ from the Company's internal books, records, transaction data or account records.
In the event of any discrepancy, the Company's internal books and records shall prevail.
The Company may, but is not obliged to, correct or update information displayed through the Platform or Services where it identifies any inconsistency or discrepancy.
The Company may, in its sole discretion and subject to applicable law, suspend, restrict or terminate the access of any User, whether a natural person or a Business, to all or any part of the Platform or Services, with or without prior notice, including in connection with a Force Majeure Event, a breach or suspected breach of these Terms, legal or regulatory requirements, sanctions or compliance obligations, security concerns, suspected fraud or unlawful activity, market or operational risks, or any other circumstance in which the Company considers such action necessary or appropriate.
Such measures may include restricting or disabling access to a Platform Account, suspending trading or other functionality, rejecting or cancelling orders, restricting deposits or Withdrawals, or restricting access to Assets held through the Platform. The Company may take such measures where required or permitted by applicable law, a competent authority, regulatory requirement, court order or other legally binding obligation.
The Company may also terminate a Platform Account and deactivate access to the Services immediately and without prior notice where it considers such action necessary or appropriate. Termination does not affect any rights, obligations, liabilities or amounts accrued before the effective date of termination.
The Company is not required to release, return, transfer or permit access to Assets where doing so would contravene applicable law, sanctions, a regulatory or judicial requirement, or where the Assets are subject to a lawful restriction, investigation, hold, lien, outstanding obligation or other restriction permitted under these Terms.
Termination or suspension does not require the Company to delete information relating to the User or Platform Account. The Company may retain personal data, Business information, KYC/KYB records, transaction records and other information for as long as required or permitted under applicable law, regulatory obligations, the Company's Privacy Policy or legitimate record-retention requirements.
To the fullest extent permitted by applicable law, and unless expressly stated otherwise in these Terms, the Platform and Services are provided on an "as is" and "as available" basis.
The Company disclaims all warranties, representations and conditions, whether express, implied or statutory, including warranties of merchantability, satisfactory quality, fitness for a particular purpose, title and non-infringement. The Company does not warrant or guarantee that the Platform or Services will be uninterrupted, error-free, secure, accurate, available at any particular time, or free from defects, delays or technical failures.
The Company does not guarantee the continued availability of any particular Asset, Digital Asset, market, functionality or Service.
The Company does not guarantee any particular timeframe for the completion, review, approval or rejection of any registration, KYC, KYB, verification, compliance review or other onboarding process. Completion of any such process does not create an entitlement to access or continue using the Platform or any particular Service.
You acknowledge that information stored or transferred through the Services may become lost, corrupted or temporarily unavailable due to circumstances including software or hardware failures, blockchain or protocol changes, failures of third-party service providers, internet or network outages, cyberattacks, scheduled or unscheduled maintenance, Force Majeure Events or other circumstances within or outside the Company's control.
Each User is responsible for maintaining appropriate copies or backups of information and documentation that the User may require independently of the Platform.
Nothing in this section excludes or limits any warranty, right or liability that cannot lawfully be excluded or limited under applicable law.
To the fullest extent permitted by applicable law, the Company and its officers, directors, shareholders, employees, agents, subsidiaries, affiliates, successors, assigns, suppliers and licensors shall not be liable to any User, whether a natural person or a Business, for any indirect, incidental, special, consequential, exemplary or punitive loss or damage arising out of or in connection with the Platform, the Services, any transaction, or these Terms, whether arising in contract, tort, negligence, statute or otherwise, and whether or not such loss or damage was foreseeable or the Company was advised of its possibility.
Without limiting the foregoing, and to the fullest extent permitted by applicable law, the Company shall not be liable for any loss, damage, cost, expense or other consequence arising out of or in connection with:
The Company shall not be responsible for losses arising from circumstances outside its reasonable control or from the acts or omissions of a User, another User, a blockchain network, protocol, issuer, market participant, third-party service provider or other third party, except to the extent that such liability cannot be excluded under applicable law.
Nothing in these Terms excludes or limits liability to the extent that such liability cannot lawfully be excluded or limited, including liability arising from fraud, wilful misconduct or gross negligence where exclusion or limitation of such liability is prohibited by applicable law.
For the purposes of this section, a User may be either a natural person accessing and using the Services in their own name and on their own behalf, or a Business, being a legal entity accessing and using the Services in its own name and on its own behalf through its duly authorised natural person(s). Where a natural person accesses or uses the Services on behalf of a Business, that natural person must act only within the authority and permissions granted to them.
Each natural person and each Business is responsible for ensuring that their access to and use of the Platform and Services is permitted under all applicable laws and regulations.
A natural person must not access or use the Services where such access or use is prohibited because of their location, residence, citizenship or any other jurisdictional connection applicable to them.
A Business must not access or use the Services where such access or use is prohibited because of its place of incorporation, registration, registered office, principal place of business, operations or any other jurisdictional connection applicable to it.
A natural person, a Business, and any person acting on behalf of a Business must not use, attempt to use, or assist another person to use the Platform or Services in any manner that:
Account Access and Use
A Platform Account registered to a natural person is personal to that natural person and may be accessed and operated only by that verified natural person. It may not be sold, transferred, assigned, shared, rented, lent, delegated or otherwise made available for use by another person.
A natural person must not permit another person to trade, conduct transactions, access Services, complete verification, participate in promotions or competitions, or otherwise act through their Platform Account.
A Platform Account registered to a Business may be accessed and operated only by its Authorised Representative(s) and any other natural persons duly appointed by the Business who have completed the applicable CorePass KYC, Ping Exchange Registration and verification requirements and have been granted the relevant permissions in accordance with these Terms.
Any natural person accessing or operating a Business account may act only within the scope of the permissions granted to them. Appointment to perform particular functions through a Business account does not automatically confer authority to legally represent or bind the Business beyond the scope of that appointment.
The Business is responsible for ensuring that all persons authorised to access or use its Business account remain duly authorised and that their permissions are accurate and current. The Business must promptly revoke or update access where a person's authority changes, expires or ends.
Prohibition of Impersonation and Identity Misuse
No natural person or Business may use, submit or rely upon any false, stolen, altered, fabricated, synthetic, rented, purchased or otherwise unauthorised identity, identity information, Business information or verification document in connection with the Platform or Services.
This prohibition includes, but is not limited to synthetic identities created by combining genuine and fabricated information, information belonging to multiple persons, or any other information intended to misrepresent or conceal the identity of a natural person, Business, UBO, controlling person, Authorised Representative or other person required to be identified or verified.
A natural person must not complete KYC, identity verification or Ping Exchange Registration on behalf of another natural person or allow another person to use their verified identity, CorePass account, CoreID, credentials or verification documents.
A Business and any person acting on its behalf must not provide Business, ownership, control, UBO, Authorised Representative or other KYB information or documentation that they are not authorised to provide or that is false, incomplete, misleading or intended to conceal the true ownership, control or representation of the Business.
Nothing in this section prevents an Authorised Representative from acting on behalf of a verified Business or another duly appointed and verified natural person from performing permitted functions through a Business account in accordance with these Terms.
Security Responsibility
Each natural person is responsible for maintaining the confidentiality and security of their login credentials, authentication methods, CorePass credentials, CoreID, devices and other means used to access their Platform Account.
Each Business is responsible for ensuring that credentials, authentication methods and access rights relating to its Business account are used only by natural persons who are duly authorised and verified in accordance with these Terms.
A natural person or Business must notify the Company without undue delay upon becoming aware of any unauthorised access, suspected compromise, loss or misuse of credentials, unauthorised activity or other security incident affecting a Platform Account.
To the fullest extent permitted by applicable law, each User, whether a natural person or a Business, agrees to indemnify and hold harmless the Company, its officers, directors, shareholders, employees, agents, subsidiaries, affiliates, successors, assigns, suppliers, licensors and service providers from and against any and all third-party claims, demands, actions, proceedings, investigations, liabilities, damages, losses, judgments, penalties, fines, costs and expenses, including reasonable legal and professional fees, arising out of or in connection with, including but not limited to:
The indemnification obligations under this section survive suspension or termination of the Platform Account, termination of these Terms and cessation of use of the Services.
These Terms constitute all the terms and conditions agreed upon between You and The Company and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.
Unless as otherwise stated in these Terms, should any provision of these Terms be held totally or partially invalid or unenforceable, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms, and the application of that provision shall be enforced to the extent permitted by applicable laws.
The failure of the Company to exercise or enforce any of the rights or provisions of these Terms shall not be considered as a waiver of The Company's rights to do so.
The Company may assign these Terms and/or delegate any of its obligations hereunder, in whole or in part. You may not assign these Terms or any part of them, nor transfer or sub-license Your rights under these Terms to any third party.
Any provision of these Terms which by its nature is intended to continue after suspension, termination or closure of a Platform Account shall survive, including but not limited to provisions concerning fees and amounts owed, intellectual property, limitation of liability, indemnification, record retention and any rights or obligations accrued before termination.
The Company shall not be liable for any delay, interruption, suspension, inability or failure to perform any obligation under these Terms to the extent caused by circumstances beyond its reasonable control (a "Force Majeure Event"), including, but not limited to:
During a Force Majeure Event, the Company may suspend, restrict, delay or modify the affected Services or its affected obligations for the duration of the event and for such reasonable period thereafter as may be necessary to restore normal operations.
The Company may take such measures as it considers reasonably appropriate to mitigate the effects of a Force Majeure Event and resume the affected Services where reasonably practicable, but does not guarantee that the Services will be restored within any particular timeframe.
If a Force Majeure Event continues for such a period that the Company considers continued provision of an affected Service impracticable, unlawful or commercially unreasonable, the Company may suspend, discontinue or terminate the affected Service, market, functionality or related obligation, subject to applicable law.
The Company may amend, update, supplement or otherwise modify these Terms from time to time, including, but not limited to, where necessary to reflect changes to the Platform or Services, applicable laws or regulations, regulatory requirements, market conditions, security requirements, operational processes or the Company's business practices.
Updated Terms will be made available through the Platform or otherwise communicated to Users by such means as the Company considers appropriate.
Amendments may take effect immediately where required by applicable law, regulation, a competent authority, sanctions or security requirements, or where necessary to introduce, modify, restrict or discontinue functionality in a manner that does not materially reduce a User's existing contractual rights or impose material new obligations.
Each User, whether a natural person or a Business, is responsible for reviewing the Terms made available by the Company from time to time.
Continued access to or use of the Platform or Services after amended Terms become effective constitutes acceptance of those amended Terms. If a User does not agree to an amendment, the User must cease using the affected Services before the amendment becomes effective and may close their Platform Account, subject to any outstanding obligations, restrictions or requirements under these Terms or applicable law.
No amendment shall affect rights or obligations that have already accrued before the effective date of the amendment, except where otherwise required by applicable law or expressly stated in the amended Terms.
Please read this section carefully. It requires certain disputes to be resolved by arbitration and limits the manner in which you may seek relief, subject to any rights that cannot lawfully be excluded or limited.
These Terms and any dispute, controversy or claim arising out of or relating to these Terms, the Platform or the Services, including any non-contractual obligations arising out of or relating thereto, shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict-of-law principles, subject to any mandatory rights or protections that cannot lawfully be excluded.
To the fullest extent permitted by applicable law, the Company and each User, whether a natural person or a Business, agree that any dispute, controversy or claim arising out of or relating to these Terms, the Platform or the Services, including their existence, validity, interpretation, performance, breach or termination, shall be resolved by arbitration in accordance with this section.
To the fullest extent permitted by applicable law, arbitration prevents you from pursuing the same dispute in court and from having that dispute decided by a judge or jury.
Nothing in this section prevents either party from seeking interim, conservatory, protective, injunctive or other equitable relief from a competent court where such relief is reasonably necessary to protect intellectual property rights, confidential information, security interests, Assets or other rights pending determination of the dispute.
Before commencing arbitration, the parties shall attempt in good faith to resolve the dispute informally. Each party agrees to notify the other party in writing of the dispute before commencing arbitration. Notice to the Company must be sent to [email protected]. Notice to a User may be sent to the email address or other contact details associated with the relevant Platform Account.
Where reasonably practicable, such notice should be provided within thirty (30) days after the dispute arises and should include sufficient information to identify the nature and basis of the dispute and the relief sought. Failure to provide notice within that period shall not extinguish any right or claim where such extinguishment would be prohibited by applicable law.
The Company and the User further agree that:
Nothing in this section excludes, restricts or waives any jurisdiction, right, remedy or protection that cannot lawfully be excluded, restricted or waived, including, without limitation, any mandatory rights available to a natural person acting as a consumer where applicable.
Where any part of this arbitration agreement is determined to be invalid or unenforceable, that part shall be severed or limited to the minimum extent necessary, and the remainder of this section shall continue in full force and effect to the fullest extent permitted by applicable law.
If you have any questions, concerns, complaints or requests regarding these Terms, the Platform or the Services, please contact the Company at [email protected] or [email protected].
Last updated: 12.10.2026
Ping Exchange is supervised by SO-FIT; a self-regulatory organization recognized by the Swiss Financial Market Supervisory Authority (FINMA), for the supervision of financial intermediaries referred to in Article 2 paragraph 3 of the Swiss Federal Law concerning the fight against money laundering and the financing of terrorism in the financial sector (AMLA).