IdiomaTérminos de Uso
1. DEFINITIONS
1.1. Without prejudice to other definitions given in these Terms of Use, the words below, when used in the singular or plural, will have the following meanings:
Applications or Platforms: are internet applications such as, for example, a website or mobile application (that is, for use on “smartphones” or mobile devices in general), made available so that the User can manage their Account, in the manner provided for in these Terms of Use. For example, app.transfero.com, website or Transfero app.
Card Network: is the payment arrangement established by Mastercard, the company responsible for the brand and the physical and digital systems that allow the Card to be issued and used in Retailers, in accordance with Law No. 12,865/2013 and the Regulation on Payment Arrangements of the Mastercard of Brazil, available on the Mastercard website.
BRZ: is the abbreviation for the Brazilian Digital Token, a Stablecoin paired in a 1:1 ratio to the Brazilian Real (“BRL”), which means that the BRZ exchange rate will always be the same as the BRL.
Card: is a physical or virtual card that, at Transfero's discretion, may be offered to Users to enjoy the Services.
Communication Channels: these are the official channels for communication between the User and Transfero, for matters related to the use of the Services described here, and any other communication channel that is not described here, or in the Applications, is not considered an official channel, and the User must not use it. The channels are as follows:
1. URL: app.transfero.com;
2. Online Chat: through the application;
3. Email: [email protected] and [email protected].
Chargeback: is the debit dispute procedure through which the User declares that they do not recognize an expense made with their Card. Once the Chargeback is accepted, a deposit will be made to the User's Account, within the deadline informed by the Communication Channels.
Customer: Refers to the Retailer's customers who use Transfero Checkout to make payments with Cryptoassets to the Retailer.
Account: is Transfero's prepaid payment account, intended for executing payment transactions in Cryptoassets, carried out based on funds denominated in reais previously contributed.
Foreign Exchange Broker: this is the financial institution to be chosen by Transfero to provide exchange services, such as conversion of fiat currencies and international payments with exchange contracts duly registered with the Central Bank of Brazil.
Cryptoasset Exchange: is the Transfero group company responsible for carrying out the conversions and custody of Cryptoassets, providing the necessary information to the Brazilian Federal Revenue Service, in accordance with current regulatory instructions.
Cryptoassets or Digital Assets: Means any virtual asset issued with or without linkage to any central bank of a given country, which uses encryption techniques to validate operations, generate new units and/or transfers between users, with a distributed record of transactions publicly or privately.
Retailer: any supplier of products and/or services that is authorized to accept payments with the Card, in Brazil and/or abroad, in physical stores or via the internet.
Fiat currency: Represents any of the official means of payment in a country. In the case of Brazil, it is the Real (abbreviated as R$ or BRL), issued by the Central Bank of Brazil.
Pix: is the Brazilian instant payment.
Privacy Policy: is the contractual instrument that regulates the processing and security of the personal data of Users (“Holders”), including, but not limited to, the collection, use and storage of Holders’ personal information, and which can be accessed here: www.transfero.com. The Privacy Policy is an integral and inseparable part of these Terms of Use. Acceptance of these Terms of Use implies acceptance of the Privacy Policy, so we ask that you read it carefully.
User: Individual or Legal Entity, Account holder.
2. SERVICES
2.1. Transfero, the Partner and the Foreign Exchange Broker, when applicable, offer the User services that enable transfers of financial resources and carrying out payment transactions.
2.2. The User, after carrying out the registration procedures described in item 3, will be able to use the Services through their Account, always subject to balance availability, as follows:
(i) Purchases at Retailers: the User may make purchases at any supplier of products and/or services that are authorized to accept payments with their Card or in Cryptoassets, in Brazil and/or abroad, in physical stores or through Internet;
(ii) Transfers between Accounts: the User may transfer financial resources from their Account to third parties, through the Platforms, and specific fees and taxes may be charged for these transfers, which will be deducted from the User's balance. Transfers between Accounts must also comply with the deadlines and procedures provided for by the Brazilian financial system;
(iii) Custody, Transfer and Conversion of Cryptoassets: the User may acquire Cryptoassets, keep them in the custody of the Cryptoasset Exchange and transfer these assets to third parties;
(iv) International Payments: the User may send financial resources from their Account abroad. All services relating to foreign exchange and international remittances will be carried out through the Foreign Exchange Broker;
(v) Pix: form of financial transaction through which resources are transferred between the User's bank accounts and the Transfero´s payment account.
2.3. The User, when contracting the service indicated in items (iv), authorizes Transfero to hire a Foreign Exchange Broker of Transfero's free choice, on his behalf, respecting the Terms of Use set out herein.
2.4. To activate the use of your Account, the User must make a deposit, via Bank Transfer or Pix, with the balance immediately converted and made available in the Account in BRZ.
2.5. Each operation described here may have technical limitations and specifications defined by Transfero, as well as a specific remuneration, according to the service performed, which will be charged by debiting the Account. The value of each fee is available to Users on the Platforms. Transfero reserves the right to change rates at any time, always informing Users in advance, in accordance with applicable regulations, with the User being entitled to agree to such change or cancel their registration.
3. REGISTRATION AND ACCESS
3.1. To use the Services, the User must register through the Applications. The User must complete the registration, which contains access levels, depending on the financial volume to be transacted, which is available on the page (https://app.transfero.com/help-center/limits-info), also must provide copies of the required documents and other registration information, relevant to the individual or legal entity, and submit to Transfero.
3.2. To register on the Transfero Platform, as an individual, the User must be at least 18 (eighteen) years old.
3.2.1. In the case of emancipated Users, the User must provide a copy of the relevant documents that prove that the emancipation was irrevocable and irreversible, with their registration on the Platform subject to the analysis and validity of such documents and information.
3.3. In the case of legal entities, the registration must be made and submitted by the company's legal representative(s), duly constituted in accordance with its contract or bylaws. In addition to the relevant corporate documents, the personal documents of the legal representatives must be presented.
3.4. The following documents of the legal entity must be made available: (i) copy of the last contractual amendment or bylaws in force; (ii) document held by the company's legal representative(s); (iii) personal documents (RG and CPF) of the legal representative(s) responsible for filling out the Platform´s form; and (iv) copy of the company's updated Tax ID. The list of documents above may be changed unilaterally by Transfero on a purely voluntary basis.
3.5. Once the form has been completed, the User must present their acceptance of these Terms of Use by clicking on the “I Accept” field or similar.
3.6. The User (and/or his legal representative) will be responsible for the veracity and updating of the data provided when registering on the Platform. The maintenance of the User's registration with the Platform will be subject to analysis by Transfero's compliance team. Registration may be refused, interrupted or canceled, as applicable, in the event of an error, incongruous information or out-of-date information.
3.7. Transfero reserves the right to deny or cancel the registration of interested parties who do not provide requested information and/or provide incomplete, unsatisfactory, outdated and/or incompatible information with these Terms of Use.
3.8. By expressing acceptance, the User declares to have read, interpreted, understood and approved the content of these Terms of Use, being subject to its provisions and obligations.
3.9. Transfero may, at any time, re-evaluate, verify or re-analyze the User's registration with the Platform. During such activities, Transfero may request additional information, documents, proof or any other information necessary to verify the User's registration, including with regard to compliance with applicable legislation.
3.10. Transfero reserves the right to refuse any registration request and to suspend and/or revoke any access in cases (i) of violation of any of the provisions of these Terms of Use, (ii) impossibility of verifying the User's identity or discovery of false information and/or statements provided by the User, (iii) practice by the User of fraudulent or willful acts or the adoption of any behavior that, at Transfero's discretion, is incompatible with the objectives of the Platform or that may, in any way, cause damage to third parties, Transfero and/or the Platform. If any User's registration is suspended or canceled for any of the reasons set out in these Terms of Use, all orders to buy or sell cryptoassets that have not yet been executed will be automatically cancelled.
3.11. At any time, and at Transfero's sole discretion, interested parties and/or any User may be asked to send supporting documents to validate the information provided to the Platform, including copies of personal documents, proof of residence and/or income.
3.12. The User authorizes Transfero to consult information and check data about him with credit analysis entities and other databases, including the Central Bank Credit Information System – SCR, SERASA, SPS, as well as any other that exist, public or private.
3.13. Once the registration has been carried out and approved, the User will have access to the Account, through the Applications only, using the login and password created at the time of registration. The User is solely responsible for their Account and any activity associated with this Account. Therefore, the User is prohibited from sharing their login and password with third parties, and they must also immediately notify Transfero in the event of loss, misplacement or theft of their Card, login and/or password.
3.14. Transfero and the Partner will not be responsible for access or transactions in your account or for the misuse of your Card by third parties, as well as for any direct or indirect damage resulting from misuse or inability to use the Applications, the Account or the Card by the User or any third party, given that, if there is evidence or even mere indications of irregular, inappropriate or suspicious use of the Card and/or Account, the User may have their registration immediately suspended or even canceled, without prejudice to other legal and contractual sanctions.
3.15. Account blocking possibilities: Transfero may block your Account, the resources held there or your Card in the event of suspicion of: (i) fraud; (ii) financial crimes; (iii) registration inconsistencies; (iv) operations outside your typical usage; (v) disrespect for any condition contained in the contract, in other contracts carried out with Transfero or current legislation; (vi) due to suspected fraud in transactions received through Pix or an operational failure in the systems of the institutions involved in the transaction; (vii) the User fails to respond to Tranfero's request to send new documents or information to prove their identity or update their registration data; or (viii) in cases of delay in payment of amounts owed by the User to Transfero.
3.16. The User acknowledges that the information voluntarily provided may be shared with the Partner and the Foreign Exchange Broker, to the extent necessary to provide the Services offered, as well as for registration purposes or any other purpose, including, but not limited to, the marketing of Transfero products.
4. TRANSFER CARD
4.1. Using the Transfero Card, the User will be able to make payments, in Brazil and/or abroad, at accredited Retailers. The Card will be delivered blocked, as a security measure and unblocking must be carried out through the Applications, in addition the User will be responsible for checking their data.
4.2. The User must pay attention to the Mastercard payment arrangement regulations (“Card Network”), applicable to the Card (“Regulation”), as each Card Network is governed by specific conditions and terms.
4.3. When using the Card, the User will automatically be subject to the specific regulations of the Card Network, in accordance with Law No. 12,865/2013.
4.4. The User will be able to count on the benefit of integrating Mastercard's promotional platform, accessing discounts, offers and promotions made available by Mastercard and its partners. To this end, as set out in the Privacy Policy, the User's personal data and User Card number will be transmitted to Mastercard.
4.5. The User is solely responsible for the use and storage of their physical Card.
4.6. In case of loss, misplacement, theft or robbery of the Card, the User must immediately contact any of the Communication Channels. After contact, access to and use of the Account may be temporarily blocked until the User receives a new login and password. A new Card will be delivered to the User within the deadlines informed by the Communication Channels. Additional fees may be charged to generate a new Card, and, in this case, such fees will be informed to the User in advance.
4.7. If the User does not recognize an operation made with their Card, they must contact any of the Communication Channels within a maximum period of 30 (thirty) days and follow the instructions for carrying out the Chargeback procedure. The procedure and documentation required for the Chargeback will follow the rules established by the Card Network and the Partner, in accordance with applicable legislation, so that the approval of the Chargeback will only be carried out when the error or commercial disagreement is proven and there is no exclusive fault of the User, in accordance with the aforementioned rules. Once the Chargeback is approved, the amount will be credited to the User's Account, within the period established by the Partner.
4.8. The User is aware and agrees that the Chargeback procedure will only occur for transactions carried out using the Card. Chargeback procedures will not be accepted for transactions carried out through the applications and which have been carried out using a correct login and password.
5. CRYPTOASSET EXCHANGE
5.1. Transfero provides Users with the service of buying, selling and converting crypto assets, which can be accessed through the Applications.
5.2. The Cryptoasset Exchange will not be responsible for any losses, damages and/or lost profits that may eventually be suffered by Users as a result of the purchase, sale or conversion of digital assets through its platform. Any profits or losses arising from such transactions are the sole responsibility of the Users.
5.3. The User accepts and agrees that any and all transactions must be carried out solely by the registered User and/or their legal representative, and Transfero is not responsible for transactions carried out by unauthorized persons.
5.4. After the User has completed registration, the Account may be accessed, consulted and used by the User. It will be through the use of the Account that the User will carry out transactions.
5.5. The User must deposit a balance in the Account (which will be immediately converted to BRZ) to be able to issue purchase orders or conversion of digital assets.
5.6. The BRZ's will be credited to the Account and the balance considered available at the moment the PIX compensation or any other form of bank transfer approved by the Central Bank of Brazil is effectively identified in the account held by Transfero, which can occur within 3 (three) working days.
5.7. To sell, buy or convert Cryptoassets through the Cryptoasset Exchange, the User must place a sell order, buy order or conversion order. The User's execution of one of the transaction orders will be irrevocable and irreversible, for all legal purposes.
5.8. To purchase Cryptoassets, the User must include a purchase order with the Cryptoasset Exchange. To be able to issue a purchase order, the User must have in their Account the amount in BRZ or other Cryptoassets equivalent to the value of the requested purchase.
5.9. The User is aware that the issuance of the sales order represents a valid proposal for all purposes. After acceptance, the transaction will be automatically carried out, and cannot be undone or modified, and the User must bear such balance of Cryptoassets.
5.10. The User may request, at any time, the redemption of their Cryptoassets, by converting their balance into Fiat Currency and subsequently transferring the amount to their bank account linked to their registration. The transfer of resources may take place within 3 (three) business days, counting from the request, after the transfer has been validated. The bank account provided, in addition to being valid and owned by the User, must be in the same country in which the funds to be transferred originated.
5.11. The Cryptoasset Exchange will be remunerated when any purchase, sale or conversion orders are completed and/or carried out, according to the remuneration rates available for consultation on the Platforms.
5.12. The Cryptoasset Exchange may debit and/or withhold from the User's Account the amounts mentioned in item 5.11., as well as the redemption fees for your bank account and BRZ deposits into your Account.
5.13. It is Transfero's prerogative, in the event of non-compliance with obligations by the User, to retain or transfer amounts, offset credits of amounts deposited, or settle certain transactions in advance, as necessary to fully settle any debts existing in the User's name.
6. TRANSFERO CHECKOUT
6.1 Transfero Checkout is a service developed and maintained by Transfero that enables registered Retailers to receive payments in Brazilian reais for purschases made in Cryptoassets by their Customers, who are also Platform Users.
6.2. Transfero offers Transfero Checkout as a multi-channel product that enables online and physical businesses to accept payments directly in Cryptoassets. Transfero Checkout can be used via website, mobile application (IOS or Android), or API, and allows Retailers registered on the Platform to accept payments in Cryptoassets in just two steps: (I) the Customer scans the QR Code generated by the Platform; and (II) confirms the transaction.
6.3. Transfero will act by offering an off ramp solution through the Platform, intermediating transactions carried out between Retailers and their Customers. Transfero Checkout will be responsible for converting these payments received in Cryptoassets into Brazilian reais, so that the full value of the product or service charged by the Retailer is credited to your bank account in reais.
6.4. The Platform enables Retailers to accept payments from anywhere in the world, 24 (twenty-four) hours, 7 (seven) days a week, through the main Cryptoassets: BRZ; USDT; USDT; BTC; ETH; SOL. The Platform also allows payments to be made via PIX, through the automatic deduction of a fee to be charged for each transaction carried out, directly from the payment made to the Retailer and the generation of simplified receipts for products or services purchased through a QR Code generated at Transfero Checkout.
6.5. Retailers registered on the Platform will be able to integrate the solution: (i) directly on their website by adding an iframe snippet ; (ii) through the Platform; or (iii) through the Transfero Checkout API.
6.6. Customers who wish to make payment to the Retailer registered on the Platform must follow the following steps to carry out the transaction:
6.7. When selecting the blockchain and Cryptoasset to be used in the transaction, the Platform will generate a QR Code with the market price equivalent in Cryptoassets to the value of the product and/or service purchased by the Customer
6.8. The Retailer, who is a User of the Service, accepts and agrees that only transactions between the Retailer´s Cryptoasset Account and the bank account of the same ownership will be accepted and executed. Therefore, Transfero and the Plataform will not be responsible for transactions carried out for Accounts held by different owners.
6.9. The Merchant is aware that it is prohibited to maintain more than one registration on the Platform. In case of non-compliance, Transfero may cancel or suspend all registrations.
6.10. The Retailer must immediately notify Transfero, via email at [email protected], in case of suspicion of improper access, or any activity that may give rise to such.
6.11. After registration has been completed by the Retailer and your wallet has been validated, the Account can be accessed, consulted and used by the Retailer. It will be through the use of the Account that the Retailer will carry out transactions to your bank account.
6.12. The Retailer must receive payments for products sold and/or services provided to its customers directly in Cryptoassets in its wallet held by Transfero. The amounts received and available in your Account will be segregated from amounts belonging to Transfero, the Platform and other Retailers.
6.13. The amount transferred to the wallet will be available in the Retailer´s Account when the blockchain transaction is completed, which may occur within 02 (two) minutes after confirmation on the blockchain. The transaction completion time will depend on the number of confirmations required from each blockchain.
6.14. To withdraw the amount held in your Account, the Retailer must place a transfer order on the Platform, informing the amount to be transferred to the bank account. The Retailer´s transfer order will be irrevocable and irreversible, for all legal purposes.
6.15. On the other hand, the Customer who makes the payment must be aware that when authorizing the transaction, it will be automatically carried out and cannot be undone or modified.
6.16. Transfero does not hold any responsibility for the products and/or services offered by the Retailer, as well as for the prices attributed to them, having the role of mere maintainer of the Platform.
6.17. The Retailer may, at any time, request the transfer of its Fiat Current amounts from its Account to the bank account, initially linked to its registration on the Platform. The completion of such transfer of funds may occur within 03 (three) business days, counting from such request, after the transfer request has been validated by the control mechanisms. The bank account informed, in addition to being valid and owned by the Retailer itself, must be in the same country in which the funds were originally transferred.
6.18. The Platform will be remunerated when the Customer purchases the product and/or service, as defined in the remuneration rules available on the Platform.
6.19. The definition and implementation of rules and procedures relating to refunds requested by Customers from Retailers must be exclusively and strictly established by the management of the Retailer itself.
6.20. Transfero does not have any interference or obligations related to the refund procedure for Retailer Customers.
6.21. The Retailer will be responsible for the origin and legitimacy of transactions carried out within the scope of payments made by its Customers, including information about their values, for the purpose of collecting possible applicable taxes, responding for direct or indirect damages and losses caused to the Platform and/or to third parties, as a result of fraud, simulation, forgery and omission of information or documents.
6 .22. The Retailer will be exclusively responsible for calculating, collecting and accounting for any taxes applicable to its operations on the Platform.
7. CANCELLATION OF SERVICES
7.1. The User may, at any time, request the cancellation of their Account, Card, or any Service, upon request made through the Communication Channels.
7.2. Once cancellation is requested, the Card will be blocked and the Account will be definitively closed within the maximum period established in the applicable regulations, with the User being entitled, within this period: (i) to withdraw the remaining balance; or (ii) transfer it to another account with the same ownership.
7.3. Information related to the account and its banking transactions for which Transfero has a legal obligation to keep the records will remain stored on our servers for the time necessary in accordance with applicable legislation.
7.4. Transfero or Partner, when applicable, may cancel the provision of Services immediately, in the following cases:
(i) if the Account is inactive and has a zero balance for more than 3 (three) consecutive months;
(ii) if the User violates any of the provisions of these Terms of Use;
(iii) if operations outside the typical usage are verified, and the User fails to comply with the request to send documents to prove the regularity of these operations;
(iv) in the event of the User’s death;
(v) in case of any irregularities observed that may conflict with the applicable legislation on the Prevention of Money Laundering and Terrorism Financing and Law No. 7,492/1986 (Financial Crimes Law), Law No. 9,613/1998 (Law on crimes money laundering or concealment of assets) and Law No. 12,846/2013 (Anti-Corruption Law).
(vi) Providing false, inaccurate, incomplete or misleading information and/or statements to Transfero.
7.5. In the above cases, all the Services provided may be cancelled.
7.6. The provision of Services may also be canceled without reason and at any time, by notifying the User with at least 30 (thirty) days in advance.
7.7. In case of suspicion of fraud or any other illicit activity of the User, Transfero may, in addition to resorting to applicable legal measures, at the effective time of termination, retain any funds in BRZ in the User's Account until the conclusion of the respective investigations and /or other procedure.
7 .8. Even in the event of termination, all fees and remunerations paid and charges made prior to termination are non-refundable.
8. INTELLECTUAL PROPERTY
8.1. All intellectual property rights relating to the Services, as well as all their functionalities, are the exclusive property of Transfero, including with regard to their texts, images, layouts, software, codes, databases, graphics, articles, photographs and other content produced directly or indirectly by Transfero (“Content”), when applicable. The Content is protected by Brazilian copyright and industrial property law. It is prohibited to use, copy, reproduce, modify, translate, publish, transmit, distribute, perform, upload, display, license, sell, explore or reverse engineer the Content, for any purpose, without the prior and express consent of Transfero. Any unauthorized use of the Content will be considered a violation of copyright and intellectual property rights.
8.2. Transfero grants the User a limited, temporary, non-exclusive, non-transferable and revocable license to use the Services and Applications only to the extent strictly necessary to fulfill the obligations and exercise the rights set forth in these Terms of Use. It is prohibited the User assigns, sublicenses, donates, sells, rents, transmits or transfers its rights and obligations to third parties, in whole or in part, in any form, for any reason, and it is also prohibited to adapt, decompile, disassemble or execute reverse engineering of the Applications, in a way that violates the rights set forth herein.
8.3. Transfero reserves the right to update the Platform whenever it wishes, as well as to stop selling it, update it, or even discontinue it at any time, subject to a prior notice of 30 (thirty) days, in the event that discontinuation of the Platform.
8.4. In case of violation by the User of any of Transfero's intellectual property rights, the User assumes any and all liability of a civil and/or criminal nature arising from said violation, without prejudice to Transfero's right to cancel the User's registration and access to the Platform.
8.5. These Terms of Use are also protected by the provisions of Law No. 9,609/98 and Law No. 9,610/98, with violators subject to the penalties provided for in art. 12 of Law 9,609/98, without prejudice to civil liability for damages possibly caused by the use and distribution of unauthorized copies of the Platform or by any other violation of the rights arising from the intellectual property that protects these Terms of Use and the Platform.
9. DATA PROTECTION
9.1. In the User registration process and during the provision of Services, we collect and use certain User identification information for the sole and exclusive purpose of providing the Platform Services. Transfero will make every effort to protect such information and will take the necessary precautions to maintain the confidentiality of sensitive information shared during the registration process. For further clarification, we suggest that you consult Transfero's Privacy Policy.
9.2. The act of completing and submitting the registration will grant Transfero access to the User's data. By submitting such data to the Platform, the User authorizes Transfero to use such data in the manner authorized by Law and these Terms and Conditions. For more information about collecting User data, please observe the provisions of our Privacy Policy.
9.2.1. In addition to the form, data from each User can be obtained when: (i) the User browses or makes transactions on the Platform; (ii) the User shares information with developers or members of the Platform; (iii) the User contacts the Platform’s customer service channels; (iv) information about the User is shared with the Platform through external partners; (v) information is shared with the Platform through social networks or information providers; (vi) information is received or shared from government authorities, including the Federal Revenue.
9.3. The data provided by each User is protected by the General Data Protection Law (LGPD) and in accordance with the regulations issued by the ANPD and will be treated in accordance with the provisions of the Privacy Policy.
9.4. The information above may be used by Transfero for administrative, marketing and customer support services.
9.5. The User may withdraw their consent at any time by closing their account on the Platform or by contacting support via email [email protected]. If the User withdraws their consent to the use of their personal information, Transfero will suspend its provision of the Transfero Checkout service. However, Transfero may retain and continue to process the User's personal information if necessary to comply with legal provisions, as regulated in article 7 of the General Data Protection Law (Law nº 13,709/18).
9.6. If you have any questions regarding the processing of your personal data, we ask that the holder contact us for clarification via the following email address: [email protected] .
9.7. To exercise the rights provided for in the General Data Protection Law, the holder of personal data is requested to contact the person responsible for processing Transfero's personal data, through the Privacy Portal or via the competent email address ([email protected]).
10. LIMITATIONS OF LIABILITY
10.1. Transfero is not responsible for transactions carried out by Users through the Account, whether through the Card, Crypto Asset Broker or with Retailers.
10.2. Transfero is not responsible for any practices carried out by Users and/or their decisions, and any irregularities or illegalities perpetrated by Users, whether of an administrative, business, managerial or other nature.
10.3. Transfero will not be held responsible under any circumstances for the occurrence or realization of any of the events and/or facts narrated below:
(i) losses and damages, lost profits or emerging damages, the causes of which can be attributed, directly or indirectly, to any transaction carried out by the User, as well as financial results resulting from these transactions, whether positive or negative;
(ii) any failure, interruption or technical unavailability caused by facts attributable to third parties on the Platform, including, but not limited to, failure that makes it impossible for the User to carry out transactions or use the Platform;
(iii) unforeseeable events or force majeure that harm the Platform;
(iv) culpable or intentional acts carried out by third parties and/or Users;
(v) transactions carried out by the User based on incorrect information obtained from any third party;
(vi) interruption of systems, internet, banking network and/or any other systems that the Platform needs for its operations, or to carry out any transaction, or carry out any purchase, sale and/or conversion order.
11. USER RESPONSIBILITY AND REPRESENTATIONS
11.1. It is the User's responsibility:
(i) keep the environment of your devices accessing the Platform safe, using specific tools for this purpose, such as antivirus software, in order to contribute to the prevention of electronic risks;
(ii) use updated and efficient operating systems to fully use the Platform;
(iii) equip and be responsible for the hardware devices necessary to access the Platform, as well as their access to the Internet.
11.2. By simply accepting these Terms of Use, the User undertakes to:
A. not disclose your login and password to third parties, as well as not allow the use of your Account by third parties. The User is solely responsible for any transactions made using their registration data;
B. provide accurate information in your registration, as well as keep such information always up to date, being the sole and exclusive responsible for the content provided;
C. not insert content and/or code or otherwise alter or interfere with the way any page is made available on the website or Platforms.
11.3 Declares, under penalty of law, that:
(i) has not committed, or is committing and/or will commit, acts that could be interpreted as criminal according to Law nº. 7.492/1986, Law nº 9.613/1998 and Law nº. 12,846/2013 (Anti-Corruption Law);
(ii) is aware that, in the event of suspected acts of financial crime, money laundering, corruption, illegal exchange operations, currency evasion, terrorist financing and/or any other illegal practice, the Platform may (a) send a formal request for explanations on the matter; (b) refuse to carry out any transaction; (c) cancel my registration; and (d) take all recommended legal measures, depending on the nature of the irregular practice eventually adopted;
(iii) the financial resources transacted and used on the Platform were obtained lawfully, and the resources eventually obtained in transactions using the Platform will have a lawful destination;
(iv) received all information that it deems relevant and/or necessary for consent and acceptance of the Terms and Conditions, including the rights and obligations assumed within the scope of this declaration;
(v) understands that, as a result of legislative changes and/or rules of the Platform itself, it may be necessary to sign other instruments and/or provide other information and documents, related activities and/or people;
(vi) assumes civil and/or criminal liability (as applicable) for the information provided to the Platform;
(vii) is not a defendant in any criminal proceedings, whether in Brazil or abroad;
(viii) acknowledges that there is no consumer relationship and/or comparable to a consumer relationship between you and the Platform.
1 2. TERM
12.1. The User may use the Platform for an indefinite period of time and Transfero may, from time to time, make changes to these Terms.
13. GENERAL PROVISIONS
13.1. These Terms of Use may be subject to change, periodically or otherwise. In these cases, the User will be informed about such changes, and must present their acceptance to such changes, under the risk of interruption of use of the Platform, or cancellation of their registration.
13.1.1. If the User does not accept the new Terms of Use or is unable to access the Applications due to incompatibility with their most recent versions, they must contact the Communication Channels, informed at the end of this Terms of Use, for support measures in the update of the Applications or moving your Account balance to another account with the same ownership.
13.2. If any provision of these Terms of Use is considered unenforceable or invalid, that provision will be invalidated in isolation and will not affect the rest of the provisions of these Terms of Use. The provision of these Terms of Use considered unenforceable or invalid must be replaced by another with the same technical objectives and/or economical, as quickly as possible.
13.3. The User declares to understand the risks associated with Cryptoassets, as this is an investment that involves a high degree of risk. Investment in Cryptoassets must be made by experienced investors with an experienced profile, as well as those with the financial capacity to bear any losses that may occur due to the risks inherent to operations with Cryptoassets.
13.4. Cryptoasset transactions are irreversible and therefore losses due to fraudulent or accidental transactions may not be recoverable.
13.5. Communication to BACEN. The User hereby agrees that the Parties communicate to the Central Bank of Brazil, the Financial Activities Control Council or other bodies that the legislation provides for, the operations that may be configured in Law 9,613/98 (which provides for the crimes of laundering or concealment of assets, rights and values) and other legal provisions relevant to the matter.
13.6. Assignment. Transfero may, at any time, assign any of its rights and obligations set out in these Terms of Use to any person, natural or legal, by means of simple prior notification to the User, provided that the assignee will continue to comply with all obligations assumed by Transfero, as well as replacing the Partner, as applicable.
14. APPLICABLE LEGISLATION AND JURISDICTION
14.1. These Terms of Use will be governed by the laws of the Federative Republic of Brazil. The uses and customs adopted, practiced and accepted in contractual law and Brazilian capital markets will apply to these Terms of Use.
