Welcome to the Gwap (Girasol Wallet and Payment) application, which operates under the legal and operational framework of Girasol Payment Solutions B.V., or any subsidiary related to or under Girasol (collectively referred to as “Girasol”).
These Terms and Conditions govern your use of the Gwap product, and form part of the broader Girasol ecosystem of services. Combined with our Data Privacy Policy, Pricing Page, Girasol Cardholder Agreement (where applicable), and any referenced documents (collectively, the "Terms"), this agreement sets out the legal relationship between: You, as the Gwap user; and Girasol, as the service provider. Please read through this document carefully to understand how your account and our services work. If you do not agree to these Terms, do not sign up, register or enroll for or use any of our services. Users in certain regions may have different general terms of service applicable to them. By accessing or using any Gwap services, you agree to be bound by these Terms. If you do not agree, you must immediately cease using our services. These Terms may be updated periodically, and continued use of the services constitutes acceptance of the revised Terms.
Please read through this document carefully to understand how your account and our services work. If you do not agree to these Terms, do not sign up, register or enroll for or use any of our services. Users in certain regions may have different general terms of service applicable to them.
By accessing or using any Girasol services, you agree to be bound by these Terms. If you do not agree, you must immediately cease using our services.
These Terms may be updated periodically, and continued use of the services constitutes acceptance of the revised Terms.
Girasol is registered as an Electronic Money Institution (EMI) and Payment Service Provider (PSP), with its principal office located at Kortijnweg 38, Willemstad, Curaçao. Girasol provides services through various subsidiaries and affiliated entities, which may have additional terms and conditions depending on your region of residence, the jurisdiction of your Girasol Profile and/or Girasol Account, or the affiliated customer through which you access our services.
These Terms apply to all Girasol users in Curaçao, St. Maarten, Colombia, the Netherlands, and any other country where the App is currently being used by a direct user and are not part of the Prohibited Countries of use.
Girasol provides a digital financial platform accessible via a mobile application ("App") Gwap (Girasol Wallet and Payment) Services, enabling users to access a wide range of financial services. These services include, but are not limited to:
(Hereinafter referred to as the "Girasol Services.")
The Girasol Services are designed to facilitate access to financial services for users in compliance with all applicable laws and regulations in the regions where Girasol operates.
Girasol reserves the right to modify, suspend, or terminate Gwap services at any time for security, regulatory, or operational reasons, without liability to you. If such changes materially affect your use of the service, we will provide notice where possible.
The Girasol Services are intended to facilitate the access to financial services to the Girasol user through the App in compliance with all local laws and regulations.
The Girasol Services are not intended to be and does not constitute financial advice or any other advice. They are general in nature and not specific to you. It is not an offer to buy or sell or a solicitation of an offer to buy or sell any security, product, service, or investment, nor is it a recommendation, endorsement or sponsorship of any security, company or fund.
You should assess carefully whether your financial situation and tolerance for risk is suitable for you undertake using the Girasol Services, and you are responsible for conducting your own research before carrying out any transactions through the Girasol Service.
Girasol doesn’t offer any credit, loans or debt products to any of its users.
Girasol might add additional services to the current Girasol Services without prior notice to its Girasol users.
Our Licensing
Girasol is authorized with the Central Bank of Curaçao and St. Maarten as an Electronic Money Institution (EMI) and Payment Service Provider (PSP) with registration number 140417. This regulatory approval ensures that Girasol operates under strict regulatory compliance, providing secure and lawful financial services in all jurisdictions where it operates. Additional information about Girasol’s license can be found here.
Girasol is a Mastercard International Principal Member licensee to conduct Issuing and Acquiring activities. Additional Girasol is a Visa International Principal Membership licensee to conduct Acquiring activities.
Girasol complies with all rules, standards, brand guidelines, and limitations imposed by its licensors. Girasol reserves the right to modify, expand, or terminate its licensing relationships or add additional licensing partners at its sole discretion, without prior notice to users.
Girasol Profile
In order to access and use the Girasol Service, you will be required to complete an onboarding process to create an account, hereinafter “Girasol Profile” by providing the following information:
All users are required to verify personal identity through a comprehensive Know Your Customer (KYC) process where you will provide:
All data collected during the onboarding process will be handled in strict compliance with our Data Privacy Policy, which you can access here.
After providing all necessary documentation and successfully passing all verifications you will be able to create a Girasol Profile that will grant you access to all Girasol Service.
Girasol reserves the right to deny or revoke access to any user who fails to complete the onboarding process or whose information cannot be successfully verified.
Your Girasol Profile allows you to access via the App and web portal, an account and a multicurrency account (your "Girasol Accounts") and to view the transactions, deposits, purchases and others you make through your Girasol Account. You can deposit funds into your Girasol Accounts using the applicable functionality on the Girasol Service. Your Girasol Accounts allow you to perform account creation, card management, account management, fund loading, and account control entirely via the App.
The funds of your Girasol Accounts will be securely held in Girasol’s central bank account and backed by the central bank of Curaçao or at any of our corresponding banking relationship in The US.
The Girasol Account will only be associated with one individual user, who must be the end user of the Girasol Services.
You are solely responsible for the usage and management of your Girasol Account. Unauthorized use, access by third parties, or any actions taken using your Girasol Account are your responsibility.
Your Girasol Accounts comes with a Mastercard Debit Card (the "Girasol Card") to use in combination with your Girasol Accounts that will allow you to make purchases online, in person or anywhere where Mastercard is accepted. The balances of your Girasol Accounts will be directly link to your Girasol Card balance.
Your use of the Girasol Card is subject to the Mastercard Cardholder Agreement, rules, and regulations, which govern all transactions made using the Girasol Card.
The Girasol Card will allow you to use a Mastercard Debit Card, Mastercard Debit Card Management tools and Mastercard benefits and promotions.
Girasol reserves the right to immediately suspend your Gwap (Girasol Wallet and Payment) Services without prior notice if suspicious, unauthorized, or potentially illegal activities are detected on your account. Such suspension may remain in effect until the matter is fully investigated.
You must meet the following criteria in order to create a Girasol Profile:
Girasol reserves the right to deny the creation of a Girasol Profile or to suspend or terminate an existing profile if any of the above eligibility criteria are not met or are found to be violated.
Girasol maintains strict Anti-Money Laundering (AML) and Know Your Customer (KYC) policies and actively monitors its platform for suspicious activity. As a user, you must comply with all requests to verify your identity, address, source of funds, and any other information we may require to ensure compliance with these policies.
We will require users to provide valid government-issued proof of identity documents and may ask for proof of address documents issued in the last six months, when required by the Girasol AML team.
Where we cannot verify your identity or the validity of your documents, you will be refused a Girasol Profile.
If you are found on any governmental or inter-governmental sanctions list, including but not limited to the OFAC, FBI, United Nations (UN), or any other recognized sanctions list, you will be refused a Girasol Profile.
You agree that Girasol may conduct ongoing identity verification (KYC) and transaction monitoring (AML) at any time. Girasol reserves the right to request additional documentation or information to maintain compliance with applicable laws. Your failure to provide the requested information may result in suspension or termination of your Gwap services.
Girasol is an authorized Payment Service Provider (PSP), which allows it to offer an open banking interface that enables authorized third parties to access account information and initiate payments on your behalf. This secure interface ensures that your financial data can be accessed and managed by authorized providers in compliance with regulatory requirements.
Open banking is a secure service which lets you see all of your accounts in one place (regardless of where you hold that account). It can also allow other providers to access your financial information, as well as allowing third parties to initiate payments from those accounts.
As a PSP, you can view and access your Girasol Accounts, as well as initiate payments, via other providers which cater for this service (‘Open Banking Providers’ and/or ‘Third Party Providers’, collectively the ‘Providers’). Before you make use of the services of these Providers however, you should:
Check whether these Providers are authorized by the authorities to provide these services to you.
Once you are happy that the Providers are authorized as above, you will then need to give your authority to them in order for them to be able to access your Girasol Accounts information, as well as make payments from your Girasol Accounts on your behalf.
These Terms and Conditions still apply regardless of whether you are accessing and/or initiating payment from your Girasol Accounts via the App, or via other Providers.
There may be circumstances in which we, after reasonable consideration, feel that we may have to block other Providers’ access to your Girasol Accounts (such as in instances, where there may be fraud and that institution does not have the authorization, they need to operate as a Provider, or changes in the legal/regulatory landscape requires us to do so). As soon as we receive a valid explanation as to why the block should be lifted (ie., that Provider has provided evidence of its regulatory compliance), then your Girasol Accounts will be unblocked as soon as possible.
In addition to having the right to give consent to other Providers to access your Girasol Accounts, you also have the right to block any access that a Provider has over your Girasol Accounts, and you should contact us immediately if you suspect that a Provider is accessing your account information and making payments on your behalf without first seeking authorization from you.
Whenever you consent to and give authority to Providers to make use of their service, we will be obliged to share your Girasol Accounts information with them. How we share your information for these and other purposes is set out in our Data Privacy Policy.
Your Girasol Profile and Girasol Services must be kept secure at all times. You are solely responsible for all transactions initiated through your Girasol Profile, and unauthorized use may result in serious financial consequences.
Ultimately, it is your responsibility to keep your Girasol Profile secure by engaging in the following practices:
If you believe your App, Girasol Card, or the login details for your Girasol Profile have been lost, stolen, or accessed without authorization, you must contact us immediately at hello@gwap.app.
Girasol will not be responsible for any financial losses incurred due to unauthorized access of your Girasol Services resulting from your failure to maintain proper security. Girasol shall not be liable for any losses or damages resulting from unauthorized or fraudulent use of Gwap by you or any third party with access to your account. You are solely responsible for maintaining the security of your login credentials, PINs, and account access.
You are strictly prohibited from using the Girasol Service for any of the following purposes:
If you breach these Terms in any manner, Girasol reserves the right, at its sole discretion, to take any or all of the following actions:
Girasol's exercise of these remedies does not limit or exclude any other rights or remedies available to Girasol under applicable law.
You may close your Girasol Profile and Girasol Accounts at any time with us for any reason by contacting us. However, closure is subject to the following conditions: your account cannot be closed if it is under investigation for suspected violations, if you have outstanding balances, unresolved transactions, or pending obligations. Even after closure, you remain liable for any actions or obligations incurred through your Girasol Profile prior to closure. Girasol may retain your account information and transaction history as required by law, in compliance with anti-money laundering (AML) regulations. Girasol reserves the right to refuse closure if it determines that doing so would violate regulatory requirements, compromise ongoing investigations, or impact the rights of other users.
Nothing in this clause affects any legal rights you may have under Curaçao law.
Girasol may suspend or terminate your Girasol Profile and access to the Girasol Service without prior notice and with immediate effect in the following circumstances:
Girasol assumes no liability for any losses resulting from such suspension or termination and may be legally prohibited from providing further information regarding the decision.
Girasol also reserves the right to terminate your Girasol Profile and your use of the Girasol Service at any time by providing two months' notice.
We’ll get in touch with you through the Girasol Service or the email address you provide on your Girasol Profile. Please make sure to keep this updated with an email address you check regularly. You should also check your transaction history regularly and let us know of any errors or unauthorized transactions. All communications will be made in English.
If you need any help or want to make a comment or complaint, please contact our customer service at hello@gwap.app We strive to resolve all enquiries within two weeks, but response times may vary depending on the complexity of the request.
You may request a copy of these Terms at any time, or access them directly on our Website.
We will respond to all complaints within 15 business days of receipt, except in exceptional circumstances beyond our control. If we are not able to respond within 15 business days due to unforeseen circumstances (for instance, we were unable to receive the complaint properly), we will acknowledge receipt of your complaint and aim to provide a response within 35 business days from the date of receipt.
All intellectual property rights in the Girasol Service, including all content, designs, logos, trademarks, and proprietary software, are owned by or licensed to Girasol. You may not copy, imitate, or use any of this intellectual property without our prior written consent. Nothing in these Terms grants you any ownership rights in the Girasol Service. Your right is limited to using the Girasol Service in accordance with these Terms.
Your right to use the Girasol Service is personal, non-transferable, and non-exclusive. Your right to use the Girasol Service does not stop us from giving other people the right to use the Girasol Service. All goodwill generated from the use of Girasol’s trademarks shall inure to the benefit of Girasol.
We may update or modify these Terms and our policies at any time. Where possible, we will notify once the changes have been made via email. If you do not agree to the changes, you must stop using our services before the new terms become effective. Continued use of the Girasol Service will be considered acceptance of the updated Terms. Continuing to use the Girasol Service means that you accept our new changes. Certain changes may take effect immediately and without prior notice. This may happen when we are required to make changes by law, or where we make minor changes to these Terms that do not impact your rights and remedies or our obligations. When such changes occur, we will notify you as soon as reasonably practicable.
The Girasol Service allows you to purchase services and products, and provides you with content and information that are owned or developed by third parties, or that operate on or are supported by third party networks. As Girasol does not control these third-party services, products, or content, we are not responsible for their quality, accuracy, legality, or performance. Girasol shall not be liable for any losses or damages caused by third-party networks, payment processors, partner banks, or any other third-party providers involved in the Gwap service.
While we do our best to ensure that the features and functionalities of the Girasol Service are of a reasonably satisfactory standard and are available to you all of the time, certain features may rely on networks and connections that are beyond our control. Due to the nature of the Internet and technology, the Girasol Service is therefore provided on an “as is” and “as available” basis. As such, we cannot guarantee that the Girasol Service won’t be interrupted, or that you will not experience delays, failures or errors when using the Girasol Service.
We also give no guarantee as to the fitness for purpose of the Girasol Service for your specific needs. To the extent we are able to do so, we exclude any commitments that may be implied by law.
To the extent permitted by law, we exclude any warranties or commitments that may be implied by law.
For any claim, our responsibility to you will be limited to any amounts you have paid us in the 12 months preceding your claim. If you have not paid us anything, we shall not be responsible to you for any claim arising out of the provision of the Girasol Service.
In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable, or that is caused by a failure by you to comply with these Terms.
Sometimes we might be entitled to be compensated by you, for instance due to a technical error in your favour, when you have a negative balance on your account, or when you use the Girasol Service in such a way that violates the Terms. In such cases, we are entitled to recover any amount owed to us by retaining some or all of your available funds or balances stored in your Girasol Accounts through the Girasol Service, regardless of the currency in which those balances are held.
Where necessary, we will convert currencies at the applicable exchange rate.
You are responsible for:
You are also responsible for keeping a copy of any information you upload to the Girasol Service or that is accessible through your Girasol Profile. Girasol will not be liable for any losses resulting from information being deleted or access being terminated, regardless of whether such termination is initiated by you or by us.
You agree to indemnify, defend, and hold Girasol, its affiliates, officers, directors, employees, and agents harmless from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or related to your use of any Girasol services, including but not limited to the Gwap (Girasol Wallet and Payment) Services, your breach of these Terms, or any violation of applicable law.
In the event that you need to access a deceased’s Girasol Profile, please contact us. We may ask you for supporting documentation, such as a death certificate, probate documents, or other documents proving you have the right to administer the deceased’s estate.
Girasol reserves the right to review and verify all submitted documents before granting access and may deny access if the documentation is incomplete, fraudulent, or does not establish sufficient authority.
We do not provide any type of investment advice. We may provide information concerning types of currencies, prices, and events that may have influenced prices, all of which should not be considered investment advice. If you require investment advice, you should consult with a qualified financial advisor. You are solely responsible for how you use our services and the financial results of your actions.
These Terms shall be governed by and interpreted in accordance with the laws of Curaçao. Any dispute arising from or related to your use of the Girasol Service will be subject to the exclusive jurisdiction of the courts of Curaçao.
Before initiating any legal action, you agree to first raise your complaint directly with us and follow the resolution process outlined in Section Customer Support and Complaints. Failure to comply with this process may result in the dismissal of your claim.
This clause applies exclusively to the Gwap (Girasol Wallet and Payment) services, including the issuance, management, and use of Gwap cards, payment processing, and account management. Gwap is a service provided under the Girasol brand, but any claims, disputes, or liabilities arising from your use of Gwap services are limited solely to those services. Such claims shall not extend to any other Girasol services, operations, or subsidiaries.
ITo the extent permitted by law, Girasol’s total liability arising out of or in connection with any Girasol service, including Gwap, is limited to the total amount you have paid for that service in the 12 months preceding your claim. Girasol shall not be liable for any indirect, incidental, special, punitive, or consequential damages (even if Girasol has been advised of the possibility of such damages.), including loss of profits, loss of data, loss of goodwill, or interruption of business.
You expressly agree that any issues, losses, or disputes related to Gwap shall not affect or involve any other products, services, or business activities of Girasol. Gwap is treated as a distinct product line of Girasol, and any liabilities related to Gwap do not create or impose any obligations on other Girasol services.
By accepting these Terms, you expressly acknowledge and agree that your use of Gwap is limited to the services described herein and does not grant you any rights, claims, or access to any other Girasol services, products, or operations.
No third-party rights are created in these Terms. Only you, as the holder of the Girasol Profile will have any rights to enforce these Terms. You may not assign or transfer any of your rights under these Terms to any other person or entity.
Where we do not enforce our rights under these Terms, we do not waive our rights. Girasol may transfer or assign its rights under these Terms at any time.
Unless stated otherwise in these Terms, if any provision of these Terms is held to be invalid or unenforceable, such provision shall be deemed deleted and the remaining provisions shall be enforced to the extent possible.
Tax Compliance and Disclosure Girasol is not responsible for determining or fulfilling any tax obligations that may apply to you. You are solely responsible for calculating, reporting, and paying any taxes required under the laws of your jurisdiction.
Girasol may disclose your personal, transactional, or financial information to tax authorities or other competent governmental bodies if required to do so by applicable law, regulation, or valid legal process. Such disclosures may occur without prior notice to you, to the extent permitted by law.
Prohibited Articles and Transactions means: (1) drug paraphernalia or narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (2) stolen goods including digital and virtual goods or which encourage, promote, facilitate or instruct others to engage in illegal activity (3) the promotion of hate, violence, racial intolerance or the financial exploitation of a crime, (4) items that are considered obscene, (5) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under Applicable Laws, (6) ammunition, firearms, certain firearm parts or accessories, or certain weapons or knives
regulated or prohibited under Applicable Laws; (7) are associated with purchases of annuities or lottery contracts, lay-away systems, offshore banking or transactions to finance or refinance debts funded by a credit card, (8) The sale of items before the seller has control or possession of the item, (9) are by payment processors to collect payments on behalf of merchants, (10) are associated with the sale of traveller's checks, money orders, money transfers, MoneySend Intracountry, MoneySend Intercountry or MoneySend Funding, (11) involve certain credit or debt settlement services, credit transactions or insurance activities, (12) involve offering or receiving payments for the purpose of bribery or corruption; (13) involve gambling activities; (14) Direct marketing services, including unsolicited marketing emails or calls, (15) massage parlours, (16) timeshares; or (17) Chemicals and allied products not classified elsewhere, including hazardous materials.
Prohibited Countries means any of the following: Afghanistan, Democratic People’s Republic of Korea, Democratic Republic of Congo, Eritrea, Libya, Somalia, South Sudan, Sudan, Yemen, Iran, Iraq, Cuba, Syria, Mali, Central African Republic, Guinea-Bissau, Lebanon any other country or territory which (or with any other persons who) is sanctioned by the United Nations Security Council, or under applicable laws of your country of residence.
