Terms of use

1.

To use the Services and access the Platform, Users must register in advance (“Registration”) in which the User must provide a valid email, their tax identification document number (CPF number, if an individual or CNPJ , if legal entity) and password. By providing such data, the User completes the Simplified Registration and becomes the holder of an Unverified Basic Account. The user will also be required to provide information whether they are considered a US Person, for the purposes of applying FATCA, or a Politically Exposed Person (PEP).

2.

Registration on the Platform is free, however fees will be charged for the Services, in accordance with the Fee Panel available through the link Https://brasilbitcoin.com.br/taxas.

3.

Access to and use of the Platform is intended only for (i) natural persons over 18 (eighteen) years of age, resident and domiciled in Brazil, who have full legal capacity to use it and (ii) companies in good standing, legally constituted and existing in accordance with Brazilian legislation, which are interested in transacting Cryptocurrencies (the "Users"). In the case of an emancipated minor, it is necessary to send the document proving emancipation. In the case of Legal Entities, User registration must be carried out by the respective duly authorized legal representative.

4.

In the case of registration of a Legal Entity, this must necessarily be carried out by a legal representative duly authorized to do so and must include, in addition to the information mentioned above in item 1, the full name and CPF of the person responsible for the registration, in addition to information about of its relationship with the registered Legal Entity, whether partner, administrator or authorized attorney. If you are a proxy, you must send to Brasil Bitcoin support a power of attorney granting powers to operate the platform on behalf of the Legal Entity and carry out transactions.

5.

The User declares that the Personal Information provided at the time of registration is correct, complete and truthful and undertakes to keep their data always up to date, otherwise the registration may be blocked and the user prevented from using the Platform. Responsibility for such information always lies with the User.

6.

A Brasil Bitcoin does not review the information offered by the User, and is not responsible, under any circumstances, for such information. However Brasil Bitcoin reserves the right to verify, at any time, the veracity of such information and request, at its sole discretion, clarifications and supporting documentation that it deems necessary to properly prove the information provided and validate the registration, and may even refuse to validate any registration, without any justification. If the User refuses to provide clarifications or present additional documents as requested by Brasil Bitcoin, their account will be canceled and these Terms of Use will be automatically terminated.

7.

If Brasil Bitcoin detects any registration made from false, incomplete, misleading, erroneous, misleading information or by irregular or non-existent companies, or is unable to detect the User’s identity, this registration will be automatically blocked, until the situation is regularized, or excluded, if there is no regularization. If deleted, the User’s access to the Platform and Services will be definitively canceled, as well as these Terms of Use will be automatically terminated. If the user has a balance, it will be held in a judicial account.

8.

The User understands and agrees that Brasil Bitcoin and/or other companies in the group may, whenever necessary, enrich data related to the User, their guardian or legal representative, so that the registration database is robust and prepared to adequately meet applicable regulatory requirements, and may, for this purpose, use information available on public and/or private bases and/or other sources and tools available on the market.

9.

Upon registration, the User will be the holder of a personal account, which can only be accessed using the login and password created by the User. The User is responsible for their account and any activity associated with it. Therefore, the User is prohibited from sharing their login and password with third parties.

10.

Each User is permitted to maintain only one account on the website. If Brasil Bitcoin detects the existence of more than one account in the name of the same User, one or all accounts may be suspended at the sole discretion of Brasil Bitcoin.

11.

The User will be solely responsible for the safekeeping and use of their login and password created, and must immediately notify Brasil Bitcoin in the event of loss, misplacement or theft of such login and/or password Brasil Bitcoin will not be responsible for access carried out by third parties not authorized by the User. The User will be solely responsible for operating their account, especially for the purchase and sale of Cryptocurrencies in their account on the Platform Brasil Bitcoin will not be held responsible for any direct, indirect or incidental damage resulting from misuse or inability to use the Platform by the User or any third party. All Personal Information voluntarily provided by the User at the time of registration is subject to security measures that prevent unauthorized access, use and disclosure.

12.

It is possible and recommended that the User performs 2-factor authentication also called “2FA authentication” which is an extra layer in the security of their account. You are not required to activate it, but it is highly recommended that you do so to ensure the integrity of your account. In general, 2-factor authentication sends a randomly generated, short-lived token to the registered device, and access is only allowed when this token is entered correctly, similar to the security token used by banks. We offer 2 (two) types of authentication: email or application. To activate 2-Factor authentication, you must go to the “security” tab and choose how you want to receive your token. Once activated, any transaction will require confirmation via token, thus preventing third parties from being successful in promoting transactions, even with account hacking, as they will not have access to the token.

13.

A Brasil Bitcoin se reserva o direito de recusar qualquer solicitação de cadastro e de suspender ou cancelar um cadastro previamente aceito nos casos (i) de violação de qualquer das disposições destes Termos de Uso; (ii) impossibilidade de verificação da identidade do Usuário ou constatação ou suspeita de falsidade em qualquer das informações por ele fornecidas; (iii) prática pelo Usuário de atos fraudulentos ou dolosos ou a adoção de qualquer comportamento que, a critério da Brasil Bitcoin, seja incompatível com os objetivos da Plataforma, com a urbanidade com outros Usuários ou que possam, de qualquer modo, causar danos a terceiros ou à Plataforma ou ainda, por falta de interesse comercial. Caso o cadastro de qualquer Usuário seja suspenso ou cancelado por quaisquer das razões previstas nestes Termos de Uso, todas as suas ordens de compra ou de venda de Criptoativos ainda não executadas serão automaticamente canceladas e valores eventualmente disponíveis em Reais na Carteira Virtual serão devolvidos à conta bancária do Usuário cadastrada ou a última que tenha o Usuário promovido o depósito de recursos, a critério da Brasil Bitcoin, exceto em caso de Ordem Judicial ou medida de Compliance determinando em sentido contrário. Com relação aos criptoativos eventualmente disponíveis, caso não haja qualquer situação de bloqueio, seja por Ordem Judicial ou Compliance, a Brasil Bitcoin will urge the User to provide the destination wallet.

14.

Account verification: It is possible to operate on the website with a verified or unverified account. An unverified account is only possible within the Basic Category, which will be called “Unverified Basic Category”, and cannot make withdrawals in Reais or any Cryptocurrency.

14.1.

In case of registration of a Legal Entity, at the discretion of Brasil Bitcoin, documents from partners and administrators plus the company’s simple statement or Income Tax may be requested. If the company has recently opened and does not have documents proving income, documents from partners and administrators may be requested.

14.2.

É incumbência do Usuário manter as suas informações e documentos atualizados, em especial (a) Documento societário; (b) Comprovante de endereço; (c) Procuração do Representante Legal, se aplicável.

14.3.

A Brasil Bitcoin has the right to modify the limit of any client without prior notice, as decided by the Compliance area.

15.

For more information about the collection, use, storage, treatment and security of Personal Information, the User should read the Privacy Policy of Brasil Bitcoin, which can be accessed here. The Brasil Bitcoin 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.

16.

The User declares that they are aware of the LGPD – General Data Protection Law that came into force in August/2020 and AUTHORIZES Brasil Bitcoin to USE their personal data, free of charge, for the purposes of using the Platform. Brasil Bitcoin is authorized to make decisions regarding the processing of personal data obtained for your registration on the Platform, as well as to carry out the processing of such data, involving operations such as those relating to collection, production, reception, classification, use, access, reproduction, transmission, distribution, processing, archiving, storage, elimination, evaluation or control of information, modification, communication, transfer, dissemination or extraction

17.

Through the Services provided by the Platform Brasil Bitcoin offers a platform for the purchase and sale of Cryptoassets by the User, transactions carried out by the Users themselves, enabling them to negotiate with each other directly, without Brasil Bitcoin participating in the contact , negotiation or carrying out of these negotiations, characterizing Brasil Bitcoin only as the maintainer of the Platform that enables negotiations.

18.

The User may use the Services through the Platform to (i) store Cryptoassets in their Virtual Wallet and resources in Reais in their Account Brasil Bitcoin, (ii) issue a Purchase Order and/or Sales Order, (iii) receive in their Virtual Wallet Cryptoassets from Purchase Orders or deposits of Cryptoassets, (iv) receive into your Account Brasil Bitcoin recursos em reais provenientes de Ordens de Venda ou contas bancárias de titularidade do Usuário; (v) solicitar a retirada de tais recursos de sua Conta Brasil Bitcoin; (vi) promote the payment of bank slips through debits in reais from your Account Brasil Bitcoin.

19.

After completing the Registration by the User, a Virtual Wallet for storing Cryptoassets is automatically created for the User, owned by the User, maintained in their name, which can be accessed, consulted and transacted using their login and password.

20.

Each sending of Cryptoassets to a User’s Virtual Wallet will use an address (public key) generated exclusively for the respective sending. The User must not use the same address (public key) more than once.

21.

De forma a permitir que os Usuários possam (i) receber os recursos em reais provenientes da venda de Criptoativos por meio da Plataforma; e (ii) se assim desejarem, manter recursos em reais para fins da execução de Ordens de Compra por meio da Plataforma ou pagar boletos, é criada automaticamente, após a validação do Cadastro necessário, além da Carteira Virtual, a Conta Brasil Bitcoin, conta de pagamento de titularidade do Usuário.

22.

The resources held in the Brasil Bitcoin Account are held in custody in a bank account held by Brasil Bitcoin and may be withdrawn by the User, at any time, through transfer to the bank account held by them informed in their Registration.

23.

To purchase Cryptoassets through the Platform, the User must publish a Purchase Order on the Platform, which may or may not be a response to a Sale Order from another User that interests them. To be able to issue a Purchase Order, the User must have the amount equivalent to the purchase available in their Brasil Bitcoin Account.

24.

The value of the purchase of Criptoativos is established by the Users involved in the transaction in question without any involvement from Brasil Bitcoin.

25.

Compensation from DOC, TED or any other means to insert reais into the Platform DOES NOT guarantee the price of Criptoativo at the time of the intention or at any other times. Only by purchasing Criptoativo through a Purchase Order and its acceptance, will it be possible to purchase and have the price of Criptoativo presented in the book.

26.

The User is aware that the issuance of the Purchase Order represents a valid proposal for all purposes. After acceptance by another User, the purchase and sale transaction of the Cryptoasset(s) will be automatically carried out and cannot be undone or modified, and the User must bear the responsibility of the User who accepts the transaction for any expenses and losses caused by its eventual withdrawal, with no responsibility of Brasil Bitcoin.

27.

The Purchase Order may be partially accepted by the other User, and the remainder may or may not remain valid for another User to accept, at the discretion of the User issuing the Purchase Order.

28.

To be able to issue a Sales Order, the User must have Cryptoassets stored in their Virtual Wallet.

29.

To sell Cryptoassets through the Platform, the User must publish a Sales Order on the Platform that will remain available on the Platform until (i) it is accepted by another User or (ii) it is withdrawn before acceptance by the User upon its cancellation, which occur first.

30.

The selling value of the Cryptoasset, which will appear in the Sales Order, is established by the User himself without any involvement from Brasil Bitcoin.

31.

The User is aware that the issuance of the Sales Order represents a valid proposal for all purposes. After acceptance by another User, the purchase and sale transaction of the Cryptoasset(s) will be automatically carried out and cannot be undone or modified, and the User must bear the responsibility of other Users who may accept the transaction, with any expenses and losses caused by their eventual withdrawal.

32.

The User may store their Cryptoassets in their Virtual Wallet (i) for the purpose of issuing a Sales Order or (ii) only for storing them.

33.

The User may, at any time, transfer their Cryptoassets to another Platform, manager or virtual wallets (e-wallet) of Cryptoassets, subject to the applicable fees in accordance with the Fee Panel made available.

34.

In case of any event, foreseen or not, in the network, protocol or consensus in which cryptoactives are issued, including, but not limited to, a network bifurcation event (fork Brasil Bitcoin expressly declares and the User agrees upon acceptance of these terms of use that Brasil Bitcoin will not have any obligation to create the means for its users to receive any assets arising from such events, including without limitation other cryptoassets (existing or created as a result of the respective event ), unless there is prior written communication to the contrary published by Brasil Bitcoin on the platform. Users who are aware of an upcoming event (noting that it is not up to Brasil Bitcoin in any way to inform Users of the imminence of any such event) and wish to receive said assets must, if they so wish, take the necessary measures to redeem your crypto assets from virtual wallets in Brasil Bitcoin and transfer them to other platforms.

35.

The User will be able to store money in their Brasil Bitcoin Account for the settlement of Cryptoactive Purchase Orders. The contribution of Reais to your account can be made by the User only through bank transfer (DOC, TED or PIX).

36.

The User declares that he will only store and use the reais in his Brasil Bitcoin Account for the purpose of settling Purchase Orders.

37.

Depending on the financial institution used, the User must present to Brasil Bitcoin, by sending it on the Platform, proof of the bank transfer, and the amount informed must correspond exactly to what was actually deposited, under penalty of delay in making the credit available in the Brasil Account Bitcoin or even liability for losses and damages. Therefore, ALWAYS provide the data correctly regarding electronic transfer.

38.

Due to the systems used by financial institutions Brasil Bitcoin may, erroneously, be informed by the financial institution that a bank transfer made by the User may be for a higher or lower value than that actually made by the User. In this case, the User must inform Brasil Bitcoin support IMMEDIATELY, and must refrain from carrying out any transaction in amounts in Reais deposited in excess, under penalty of termination of registration and liability for losses and damages, in addition to a fine in the amount of 20% (twenty percent) on the amount improperly used.

39.

40.

In case of a joint account, the account must be registered, with the following additional data, to be sent to Support:

a) Full name and CPF of the other holder;

b) Photo of the card of each of the cardholders, indicating that the User is also a cardholder, OR a check sheet showing both cardholders OR a statement from the Bank informing who the cardholders are.

41.

The bank transfer is subject to the operation of systems beyond the control of Brasil Bitcoin, as well as financial institutions, and eventual failures or delays, despite being rare, may occur, and Brasil Bitcoin does not have any responsibility, as a matter of fact third party.

42.

In the case of a deposit made to a bank account held by third parties, a refund will be made, with the User having to fill out the form indicated by Support, with the return subject to the payment of a fee to Brasil Bitcoin for the expenses incurred with this undue deposit.

43.

Deposits from prepaid accounts are also not accepted, with refunds being made to the sender’s account

44.

In case of express request by the User Brasil Bitcoin may issue the Brasil Bitcoin. Magnetic Debit Card. The issuance of the Brasil Bitcoin Card is subject to prior verification by Brasil Bitcoin that there is no irregularity in the identification and/or in the registration data of the User or his Legal Representative or attorney.

45.

The User will provide the information for issuing the Card, if their Registration is not sufficient, and will be responsible for checking the data contained on the Card, which will be delivered blocked, as a security measure, for unlocking by the User.

46.

A Brasil Bitcoin will issue the Brasil Bitcoin Card to the User and this must indicate an identification password, which is for the personal, exclusive and non-transferable use of the User, who is responsible for guarding and preserving their confidentiality and for immediate communication of loss, loss, theft, theft or suspected fraudulent use of the card. The absence of this communication exempts Brasil Bitcoin from any responsibility for the improper or fraudulent use of the Card by third parties. The User undertakes to keep the password and security key in the strictest confidence, being their sole responsibility in case of violation.

47.

Fees apply to the User for using the Card, which may be disclosed by Brasil Bitcoin itself or by the brand administrator.

48.

The affixing of the Brasil Bitcoin Card, the password and the security key by the User when accessing the electronic terminals will be considered, for all purposes and effects, as an express and unequivocal manifestation of the User’s will to carry out the transactions requested therefrom, considering This affixation is used as an electronic signature, with the effect of the User’s own signature.

49.

The User acknowledges that the Accounts and Cards linked to them are for personal use and exclusively directed to the registered CPF or CNPJ, with transfer or loan, free of charge or onerous, to third parties being expressly prohibited.

50.

The User is solely responsible for the custody and use of their Accounts and/or Cards, exempting Brasil Bitcoin from liability for any and all damages resulting from improper use by third parties, whether authorized by the User or not.

51.

STOP-LIMIT: The User may, at their sole discretion, register and program intentions to buy or sell a cryptoactive on the platform, being executed automatically, when a certain quotation is reached, according to the value defined by the User himself.

52.

OCO - ONE-CANCELS-THE-OTHER ORDER): In its strategy, the User can also make use of the OCO functionality, where as soon as an order is executed, it opens two other orders simultaneously, one of loss and another gain, and when one of these two orders is reached, the other is automatically canceled.

53.

API TRADE: API trade is an advanced feature that allows you to program bots to perform automated operations. We recommend that you only use this option if you know exactly what you are doing. The API key grants full access to your account.

54.

A Brasil Bitcoin is not responsible for the failure to fulfill orders in a quantity or price different from that intended by the User, as it is only the Platform provider that enables trading and such criteria vary according to market trading conditions. Therefore Brasil Bitcoin cannot be held responsible for situations such as “Slippage”, which occurs when the operation is carried out, but is unable to execute exactly at the price it intended.

55.

The User will be able to use their available balance on the Platform to pay water, electricity, telephone bills, among others. In addition, you can also pay invoices generated by other banks. When paying the bill, you can define the amount you want to use from your balance in Reais and Bitcoin. There are no fees for this transaction and there is a daily limit informed on the platform, in addition to a payment time limit.

56.

A Brasil Bitcoin is a provider of intermediation services for the purchase and sale of Cryptoassets in amounts above R$ 200,000.00 (two hundred thousand reais).

57.

To this end, the individual or legal User must register with the Brasil Bitcoin platform and follow all guidelines and good practices contained in this document, including with regard to the provision of information related to their financial capacity.

58.

Due to the dynamics of the OTC service, negotiations between parties can be carried out by electronic messages, whether by email, WhatsApp or similar means, as well as by telephone call, made by any means, being considered valid for all purposes.

59.

A Brasil Bitcoin may use certain specific parameters to establish certain limits, such as, but not limited to, the number of Cryptoasset transactions and amounts transferred and stored in the Account Brasil Bitcoin.

60.

A Brasil Bitcoin may, at its sole discretion, increase and decrease the limits initially stipulated, requesting the necessary information and documentation in accordance with its Compliance Policy.

61.

A Brasil Bitcoin operates in accordance with the Law and does not condone espionage, fraud and money laundering, therefore, if any irregularities are identified, the registration will be blocked.

62.

A Brasil Bitcoin further declares that it complies with the highest ethical and legal standards applicable to its business, in this way, it complies with the obligations imposed by Normative Instruction No. 1,888 of July 10, 2019 of the Federal Revenue of Brazil, reporting data from all its operations, including balances in cryptoassets and/or fiat currency. In this way, the USER ACKNOWLEDGES AND AGREE THAT INFORMATION RELATED TO TRANSACTIONS - BUY ORDERS AND SALE ORDERS - EXECUTED THROUGH THE PLATFORM WILL BE PROVIDED TO THE COMPETENT AUTHORITIES.

63.

In the case of Users who are natural or legal entities residing or headquartered, as applicable, in the United States of America or, in any way subject to the regulations applicable to such persons, the User must also provide the necessary information to report their operations to the applicable bodies, including under the Foreign Account Tax Compliance Act (FATCA). In this case, the USER ACKNOWLEDGES AND AGREE THAT INFORMATION RELATED TO TRANSACTIONS - BUY ORDERS AND SALE ORDERS - EXECUTED THROUGH THE PLATFORM MAY BE PROVIDED TO COMPETENT LOCAL AND FOREIGN AUTHORITIES WITHIN THE CONTEXT OF FATCA.

64.

The User declares to be aware that Brasil Bitcoin will communicate to the Financial Activities Control Council (COAF), in its new name of UIF (Financial Intelligence Unit), or other bodies that are provided for by Brazilian Legislation, the Transactions that may be considered as crimes of laundering or concealment of assets, rights and values, under the terms of Law 9,613/98. Furthermore Brasil Bitcoin may inform the User’s registration data to Public Authorities, to comply with regulatory standards and/or judicial requests.

65.

It is prohibited for the User:

65.1.

Violating any municipal, national or international legislation that is integrated into the Brazilian legal system, or that, for any legal reason, must be applied and carried out in Brazil in acts contrary to morality and good faith.

65.2.

Assumir a personalidade ou identidade de outra pessoa, física ou jurídica; carregar, transmitir, divulgar, exibir, enviar, ou de qualquer forma tornar disponível qualquer conteúdo que viole quaisquer direitos de terceiro, carregar, transmitir, divulgar, exibir, enviar, ou de qualquer forma tornar disponível qualquer tipo de anúncio, propaganda ou material promocional não solicitado ou não autorizado pela Plataforma, tais como mensagens não solicitadas ou mensagens enviadas em massa (conhecidos como “junk mail” ou “spam”).

65.3.

Carregar, transmitir, divulgar, exibir, enviar, ou de qualquer forma tornar disponível qualquer conteúdo que contenha vírus ou qualquer outro código, arquivo ou programa de computador com o propósito de interromper, destruir ou limitar a funcionalidade de qualquer software, hardware ou equipamento; ameaçar, coagir, constranger demais Usuários; violar direitos de sigilo e privacidade de outros Usuários ou de terceiros, sempre observada a Privacy Policy; and perform any acts that directly or indirectly, in whole or in part, may cause harm to Brasil Bitcoin, other Users or any third party.

66.

Fees will be charged for the Services in accordance with what is established in the Fee Panel made available by Brasil Bitcoin through the link Https://brasilbitcoin.com.br/taxas.

67.

A Brasil Bitcoin reserves the right to change this Fee Panel without prior notification to the User regarding these changes.

68.

A Brasil Bitcoin will debit fees directly from the amounts credited to the User’s Virtual Wallet.

69.

A Brasil Bitcoin works with Trading Fees e Operational Fees. Trading Fees refer to the percentage due in relation to traded cryptoassets, using a regressive model based on the monthly trading volume. That is, the higher the volume, the lower the Trading Fee. Operational Fees are charged in the case of withdrawals in Reais or Cryptoassets and may vary depending on the recipient institution used. Chargeback: If the User makes a deposit that violates any of the terms presented here or in any area of the Site, a fee will be deducted. Reversal Fee of R$ 10.00 for carrying out the refund within a period of up to 3 (three) business days. If the bank is not an affiliated bank, the TED fee will be added to the amount.

70.

70. It is the User’s duty to read all communications and notices presented to them on the Platform, especially regarding fees. And Brasil Bitcoin reserves the right to adopt the relevant judicial and extrajudicial measures to receive any amounts owed to it.

71.

A Brasil Bitcoin seeks to ensure that the information provided is accurate, complete, current and that its use is free from interruptions and errors. However, we cannot guarantee the full-time operation of the Platform, as it depends on services provided by third parties, such as telecommunications companies and internet access providers. Furthermore, we will suspend the use and access to the Platform in unforeseeable circumstances or force majeure, for example, in the event of cyber attacks and others that may harm the Platform’s functionalities and put Users’ information at risk.

72.

A Brasil Bitcoin will make its best efforts to keep the information on the Platform as up to date, complete and accurate as possible. To this end, it will seek to correct any inaccuracies or omissions in the information contained on the Platform as quickly as possible.

73.

The Platform will be constantly improved by Brasil Bitcoin, according to its convenience and need, and there may even be temporary suspension of services due to improvements carried out by Brasil Bitcoin. All modifications, improvements and corrections made to the Platform, even if informed, requested and eventually paid by the User, are incorporated into the Platform and subject to these Terms of Use.

74.

Brasil Bitcoin Brasil Bitcoin acolher as sugestões de melhorias realizadas pelo Usuário, não assistindo a ele, em nenhuma hipótese, qualquer direito de propriedade sobre tais inserções ou melhorias.

75.

75. The User hereby agrees to modifications, implementation of new resources, tools, improvements or corrections to the Platform model they use, with Brasil Bitcoin being at the discretion of managing and approving these modifications to the Platform. The implementation of the updates will be carried out by Brasil Bitcoin automatically on the Platform, with the User being responsible for downloading the new versions made available.

76.

Cancellation. These Terms of Use remain in force from their acceptance by the User until the cancellation of the account created by them at the time of registration.

77.

77. Cancellation by Brasil Bitcoin. Without prejudice to other hypotheses provided for in these Terms of Use Brasil Bitcoin reserves the right to suspend or definitively cancel, at any time and without prior notice, any User’s access to the Platform, for by canceling your account, if you verify: (i) inactivity of the User’s account for a period of 180 (one hundred and eighty) days; (ii) signs of fraud; (iii) signs of illegal activity practices or acts that may cause harm to third parties or the Platform or that demonstrate the User’s bad faith; (iv) obtaining a benefit or advantage illegally; (v) failure to comply with any of the conditions of these Terms of Use or applicable legislation; (vi) Providing false, inaccurate, incomplete or misleading or failure to provide additional information and/or documents, whether or not for the validation of the Registration; (vii) attempt at double-spending, that is, to use the same Cryptoasset in two transactions; (viii) Operations incompatible with economic capacity of user. In these cases, no compensation will be owed to the User, and Brasil Bitcoin may promote the competent action for return or compensation, if necessary, as well as any other measures necessary to pursue and protect its interests. If the account is suspended, the User’s access to the Platform and Services will be definitively canceled, and these Terms of Use will be automatically terminated. If the user has a balance, it will be deposited in a judicial account.

78.

Cancellation by the User. If the User wishes, he or she may request the cancellation of his or her account at any time through the Platform’s own settings. However, as canceling the registration implies the cancellation and deletion of your Virtual Wallet, the User must redeem any remaining balances in your Virtual Wallet, otherwise, cancellation will not be granted. If the balance is in Reais, the User must make a withdrawal request.

79.

Return of Values. In case of cancellation or suspension of the User’s account by Brasil Bitcoin, the remaining balance in the User’s account will be returned, unless the cancellation was caused by suspicion of fraud, practices of illegal activities, or determination judicial, in which case Brasil Bitcoin reserves the right to retain the balance of the User’s Virtual Wallet at the time of termination until the end of the investigation or deposit it in a judicial account, without prejudice to taking any legal measures it deems necessary. In case of cancellation, except for the exception mentioned, the refund of amounts will occur as follows:

79.1.

Amounts in Reais: may be withdrawn by the User (if cancellation occurred at the User’s initiative) or may be deposited by Brasil Bitcoin into the bank account held by the User, informed at the time of registration - this account must be valid and be in the same country where the funds to be transferred originated (if the cancellation occurred at the initiative of Brasil Bitcoin); e

79.2.

Amounts in Cryptoassets: may be converted into Reais, using the exchange rate of the day informed on the Website, and deposited in a bank account held by the User indicated at the time of registration OR, at the discretion of Brasil Bitcoin, they may be transferred to another wallet virtual platform that is under the responsibility of another company or platform, which must be indicated by the User within 60 (sixty) days from the date of suspension or cancellation of the account. Failure to indicate the aforementioned virtual wallet within the period stipulated here will result in the automatic conversion of the balance into Reais and respective deposit into the User’s bank account, in the manner mentioned in this item.

80.

Death. If the registration holder dies, the relative who gets in touch must forward the Death Certificate and prove the link with the user. The values must remain intact and appear in the inventory of all the deceased person’s assets. It is essential that family members do not withdraw funds from the bank account without first completing the inheritance procedures. The values in the current account must remain intact and appear in the inventory of all the deceased person’s assets.

81.

Other Provisions. The User agrees that, if their account is canceled, either on the initiative of the User or by Brasil Bitcoin: (i) todas as Ordens de Compra e/ou as Ordens de Venda ainda não aceitas serão automaticamente canceladas; (ii) todas as Taxas pagas, mesmo que antecipadamente, não serão reembolsadas ao Usuário; (iii) todas as informações armazenadas na Plataforma relativas as suas transações não poderão ser acessadas ou resgatadas, não possuindo a Brasil Bitcoin qualquer dever em armazenar ou repassar essas informações ao Usuário; (iv) todas as obrigações assumidas pelos Usuários nesses Termos de Uso permanecerão em vigor até que sejam sanadas, incluindo, sem se limitar às responsabilidades do Usuário.

82.

A Brasil Bitcoin is not responsible for transactions carried out on the Platform, as it is not part of any Cryptocurrency purchase and sale operation between Users. Therefore Brasil Bitcoin is not responsible for fulfilling the obligations assumed by one User towards another, including issuing and accepting Purchase Orders and Sales Orders. When trading Cryptocurrencies on the Platform, the User declares and guarantees that he does so at his own risk, exempting Brasil Bitcoin from any losses, damages, loss of profits that the User may suffer as a result of operations carried out or not completed through the Platform , assuming responsibility for all losses caused to Brasil Bitcoin and third parties.

83.

A Brasil Bitcoin is not a financial application or investment consultancy company, but just a company that provides a Platform to bring together Users interested in transacting Cryptocurrencies with each other. Therefore Brasil Bitcoin is not responsible for any practices carried out by Users through the Platform, and decisions taken by Users based on information obtained through the Website or Platform, whether administrative, business, managerial or otherwise. nature.

84.

É de responsabilidade do Usuário: (i) manter seguro o ambiente de seus dispositivos de acesso ao Site, valendo-se de ferramentas específicas para tanto, tais como antivírus, firewall, entre outras, de modo a contribuir para a prevenção de riscos eletrônicos; (ii) utilizar sistemas operacionais atualizados e eficientes para a plena utilização do Site; e (iii) equipar-se e responsabilizar-se pelos dispositivos de hardware necessários para o acesso ao Site e a Plataforma, bem como pelo acesso desses à Internet.

85.

All communications carried out by Brasil Bitcoin with the User will be made through the Platform or the email indicated by the User at the time of registration. It is the User’s duty to leave the anti-spam systems configured so that they do not interfere with the receipt of communications from Brasil Bitcoin. Responsibility for receiving and viewing communications is the exclusive responsibility of the User Brasil Bitcoin is not responsible for communications sent by Brasil Bitcoin and ignored or not received by Users due to misuse of their email tool.

86.

The Site may contain links or links to third party sites or services that are not owned or controlled by Brasil Bitcoin, so that Brasil Bitcoin does not assume any responsibility for the content, accuracy, policies, practices, opinions expressed in any of these third-party websites or by any third party that the User interacts with through the Site Brasil Bitcoin suggests that the User read the terms of use and privacy policies of each third-party website or service that the User visits or uses. Brasil Bitcoin advises, aiming for greater security due to possible phishing attempts, which the user always checks that the link they are accessing is correct (https://brasilbitcoin.com.br/); If the registration holder is hacked and the attack is characterized as misuse and/or inability to identify our official access addresses Brasil Bitcoin cannot be held responsible.

87.

A Brasil Bitcoin uses third-party services to maintain the functioning of the Platform (for example, hosting services and payment services), and, therefore, failures may occur in such services Brasil Bitcoin will not be responsible for any losses, damages (direct or indirect) and lost profits resulting from the failure of these third parties’ services, but, as far as possible, will keep the User informed about deadlines and measures taken to remedy said failure.

88.

In view of the characteristics inherent to the internet environment, the User acknowledges that Brasil Bitcoin não se responsabiliza pelas falhas na plataforma decorrentes de circunstâncias alheias à sua vontade e controle, sejam ou não ocasionadas por caso fortuito ou força maior, como por exemplo, informações perdidas, incompletas, inválidas ou corrompidas; intervenções de hackers e software maliciosos; falhas técnicas de qualquer tipo, incluindo falhas no acesso ou na navegação do Site decorrentes de falhas na internet em geral, quedas de energia, mau funcionamento eletrônico e/ou físico de qualquer rede, interrupções ou suspensões de conexão e falhas de software e/ou hardware do usuário; paralisações programadas para manutenção, atualização e ajustes de configuração da Plataforma; qualquer falha humana de qualquer outro tipo, que possa ocorrer durante o processamento das informações no site, eximindo a Brasil Bitcoin, therefore, of any responsibility arising from such facts and/or acts.

89.

By accepting these Terms of Use, the customer agrees that, in the event of any network event Brasil Bitcoin will have no obligation to support or create ways for users to receive assets resulting from this event. Therefore, any losses in this regard are not the responsibility of Brasil Bitcoin.

90.

Upon agreement to these Terms of Use Brasil Bitcoin grants the User a limited, temporary, non-exclusive, non-transferable and revocable license to use the Platform only as strictly necessary to fulfill the obligations and exercise the rights set forth in these Terms of Use. The User is prohibited from assigning, sublicensing, selling, donating, alienating, renting, distributing, transmitting or transferring their rights, obligations related to the Platform to third parties, in whole or in part, in any form, in any capacity, as well as being It is prohibited to create copies, digital or physical, modify, adapt, translate, decompile, disassemble or execute reverse engineering of the Platform, in a way that violates the rights of Brasil Bitcoin.

91.

All rights relating to the Website and the Platform, including its functionalities, are the exclusive property of Brasil Bitcoin, including with regard to its texts, images, layouts, codes, databases, graphics, articles, videos, photographs, illustrations and other content produced directly or indirectly by Brasil Bitcoin (the “Content”). The Content is protected by copyright and industrial property law. It is prohibited to use, copy, reproduce, modify, translate, publish, transmit, distribute, perform, display, license, sell or exploit, for any purpose, the Content, without the prior consent of Brasil Bitcoin, in a way that violates its rights. The misuse of the Content or brands presented on the Site is expressly prohibited.

92.

Any use of the Content may only be made with the prior and express authorization of Brasil Bitcoin. The User assumes any and all liability, of a civil and/or criminal nature, for the improper and unauthorized use of the Content. No copying, distribution, reverse engineering, display or disclosure of the Services offered by the Platform should be understood as a restriction or waiver of Brasil Bitcoin s rights over the Website and the Platform.

93.

These Terms of Use may be amended at any time to reflect adjustments made. However, whenever any modification occurs, the User will be informed in advance through a prominent note within the Website. In case of significant changes, an email informing the changes will be sent to the User. If he does not agree with the new Terms of Use, he may, at his sole discretion, reject it, but unfortunately this means that the User will no longer be able to access and use the Platform. If the User uses the Platform in any way, even after the Terms of Use have been changed, this means that they agree to all modifications.

94.

These Terms of Use are governed by the laws of the Federative Republic of Brazil. Any doubts and situations not provided for in these Terms of Use will first be resolved by Brasil Bitcoin and, if they persist, they must be resolved in the court of the district of São Paulo, State of São Paulo.

95.

Any questions or requests related to these Terms of Use or the Services offered by the Platform must be sent to Brasil Bitcoin through CHAT Support available on the Website or send an email to [email protected].