In this document you will be informed about the general conditions applicable to the use and contracting of products, services, solutions and business in general through the Token.com (“Platform”), owned by TOKEN.COM SERVIÇOS DIGITAL LTDA., limited liability company headquartered in the city of São Paulo, State of São Paulo, at Avenida Paulista, nº 2.202, conj. 61 A 1, Bela Vista, CEP 01310-932, registered with the CNPJ under No. 45.533.362/0001-50 (“Token.com”).
The Token.com Platform is intended for all persons over 18 years of age. In the event that you, as a parent or legal guardian, become aware that your non-emancipated child or ward under the age of 18 (eighteen) has access to the Platform and its resources, you must contact us at email@example.com and request the deletion of the corresponding registration data.
1. USE OF THE PLATFORM
1.1. In order to access the resources made available through the Platform, the User must register directly on the Platform or perform integration through one of the platforms or social networks of third parties. The User is solely responsible for correctly filling in the requested data, as well as for keeping their registration information updated, under penalty of not being able to operate their account and use the Platform.
1.2. To access the Platform, the User must register his/her email address and password or perform the integration through one of the social networks or third-party platforms available at the time of registration.
1.2.1. The password owned by the User is individual, confidential and non-transferable and must not be shared with third parties, being exclusively the User's responsibility for the use, custody, maintenance and secrecy of the login data and password used.
1.2.2. It will be up to the User to change their login details and access password in cases where they become aware of unauthorized use or any breach of security.
1.2.3. It will also be up to the User to report to Token.com about the unauthorized use and/or about any breach of security regarding their login data and/or password within 48 (forty-eight) working hours of the verification of what happened so that Token.com can take action in this regard.
1.4. The User understands and agrees that the data provided may be sent in a non-anonymized form to servers located outside the national territory for the purposes of processing, storage and treatment.
1.4.1. Any interested party may confirm the existence or not of data processing by sending an email to the email address firstname.lastname@example.org.
1.4.2. Once the existence of data processing has been confirmed, if the User or another interested party, in accordance with the applicable legislation, wants to permanently delete data or carry out data portability, it is necessary to contact Token.com through the e-mail address. mail email@example.com.
1.5. Token.com may use, at its sole discretion, the data entered on the Platform, provided that the information does not allow the User to be identified directly or indirectly.
2.1. In order to register on the Platform, the User must have reached the minimum age of 18 (eighteen) years or be emancipated in accordance with the law, provide the information requested by the Platform and register a password or carry out their registration through integration with platforms or social networks of third parties (requires availability when registering).
2.2. Token.com, at any time, may ask the User for documents proving that he/she is of the age declared at the time of registration. Token.com reserves the right to suspend and/or cancel the User's account if such documents are not sent within the stipulated period.
2.2.1. It is the User's responsibility to correctly fill in their personal data, as well as keep their registration information updated, under penalty of not being able to use the Platform, in whole or in part, or even suspension or deletion of the User's account on the Platform. Token.com is not responsible for errors or mistakes in filling out the User's registration.
2.3. Each User may only have one account registered on the Platform. If Token.com identifies that an individual is responsible for more than one User registration, Token.com will keep only one of the Users active, canceling the other(s), always at its sole discretion.
2.4. At the end of the registration, the User expressly declares the veracity of all the information provided, and may be held civilly and criminally liable for fraudulent misrepresentation, pursuant to applicable legislation and art. 299 of Law 2,848/40.
2.5. Token.com may also deny the User's registration, suspend or cancel, at any time, their login, if any information presented is irregular, insufficient or false, or even if any indication of fraud or irregularity is identified in the information. registrations or in the use of the Platform by the User.
2.6. The User is also aware that Acesso Digital Tecnologia da Informação SA, a joint stock company headquartered at Praça General Gentil Falcão, n. 108, 10th floor, Bairro Cidade Monções, CEP: 04571-150, São Paulo/SP, registered with the CNPJ under n. 05.563.165/0001-95, the company responsible for verifying User data at the time of registration on the Platform, will receive and store your personal and biometric data to promote greater security in the use of your identity and prevent misuse of your data. If you would like more information, visit: https://unico.io/privacidade-e-gestao-de-dados/.
3. SOLUTIONS OFFERED FROM THE PLATFORM
3.1. Token.com, through its Platform, allows the User an easy and secure way of accessing the universe of Decentralized Finance or DeFi, Web3 and tokenomics, from some solutions developed and implemented by Token.com, which allow the User can acquire the following digital assets and/or monetize digital assets owned by him from the Platform, namely: (a) cryptocurrencies in general, in particular the so-called stablecoins; (b) non-fungible tokens (“NFT”) and other kinds of tokens held on blockchains; and (c) tokens issued by decentralized finance protocols (Decentralized Finance or DeFi) available on the Platform (“Protocols”) (items (a) to (c) collectively referred to as the “Digital Assets”).
3.1.1. After registering on the Platform, the User will be able to check on the website https://token.com and on the Platform, the list of Digital Assets and Protocols whose solutions linked to them are made available on the Platform, as well as the User's participation rules related to to each of such Digital Assets and Protocols, whether in the event of the possibility of acquiring Digital Assets or profitability of the Digital Assets held by it.
3.1.2. If you wish to transfer financial resources to the Token.com account and, in this way, access the solutions available on the Platform, the User may make a transfer via PIX or an available electronic transfer (TED) to Token.com, in accordance with the data available on the Platform, observing the conversion rates for each Digital Asset, as per item 3.4 below.
3.2. Token.com helps Users to participate in the DeFi, Web3 and tokenomics universe, by (a) making Digital Assets available for purchase by the User; (b) availability of Digital Assets (stablecoins) that will provide the necessary backing for the acquisition of tokens issued by the Protocols chosen by Users on the Platform; and (c) Lease by Token.com (and/or company of its economic group or third parties) of certain Digital Assets, and the activities provided for in items (b) and (c) will provide the User with the monetization of Digital Assets of their choice. Token.com will make available all proofs regarding the acquisition of Digital Assets, any adhesion to Protocols that are chosen by the User on the Platform and any other legal transaction entered into through the Platform, including the Lease.
3.2.1. Token.com is not part of the functioning and/or structuring of any Digital Asset and/or Protocol, but rather provides an easy, agile and frictionless experience for Users to achieve their goals, which are participation in DeFi, Web3 and tokenomics, either through (a) acquisition of Digital Assets, including those issued by the Protocols; (b) the Lease of Digital Assets owned by Users by Token.com for application, by Token.com, at its own risk, in other products within the scope of DeFi, Web3 and tokenomics, or (c) of other legal-contractual formats that may allow Users to monetize and have financial gain on their Digital Assets, always in a safe way.
3.3. The Digital Assets owned by Users that are in the custody of Token.com will be stored securely, and the keys will be kept by Token.com and/or company of its economic group.
3.4. In relation to the acquisition of Digital Assets, purchase and sale orders will be made primarily by Users directly on the Platform and must comply with the terms and conditions stipulated therein, and Users must pay attention to the conditions relating to fees, commissions and operational limits (if applicable), as made available on the Platform, from time to time. The User is aware that the conversion rate viewed by the User at the time of purchase or sale of Digital Assets may vary, and the effective rate of the transaction will be that of the moment in which the systems of Token.com identify the receipt of the amounts corresponding to each transaction. Any fluctuations in the price of Digital Assets will not be the responsibility of Token.com.
3.4.1. Token.com may, as the case may be, suggest the User to purchase certain Digital Assets on third-party websites, with which they may or may not have entered into some form of partnership, always for the benefit of access, entry and maintenance of the Users in DeFi, Web3 and tokenomics.
3.4.2. When depositing the amounts in the Token.com account, the User is aware and in agreement that, as the amounts deposited will be converted into Digital Assets, they will be subject to the variation of the price of the respective Digital Assets, with the risk of loss of the amounts deposited by the User. In this case, the risks will be borne exclusively by the User, since Token.com only provides the User with access to such Digital Assets and decentralized Protocols.
3.5. Users who own certain Digital Assets, whose value is linked to fiat currencies (stablecoins, for example, USD coin – “USDC”) and are indicated on the Platform, may make them available to Token.com directly on the Platform so that this or company of its economic group can rent such Digital Assets, providing the User with a way to monetize these Digital Assets (“Lease”).
3.5.1. The User expressly undertakes, during the term of the Lease: (a) not to make available and/or use the Digital Asset(s) object of the Lease for any other purpose; (b) provide keys and any other information to Token.com, transfer custody of the Digital Assets to Token.com, and perform any and all acts necessary to enable Token.com to move, use, use, enjoy and enjoy the Digital Asset(s) object of the Lease.
3.5.2. If the User wishes to terminate the Lease, Token.com undertakes, after receiving notification from a User to that effect, to terminate the Lease and make the respective Digital Assets available to the User on the Platform within up to 1 business day, plus the rent due in the period, calculated in the form of item 3.5.3 below, no additional amount being due to the User in this case and the transfer of custody of the Digital Assets to third parties other than the User being expressly prohibited. Notwithstanding, Token.com may terminate the Lease at any time and free of charge, at its sole discretion, upon notification to Users through the Platform.
3.5.3. In return for the Lease, Token.com will pay a variable amount of rent in relation to the value of the Digital Asset object of the Lease, as disclosed on the website and application, to the respective owner, at the time of the end of the Lease, with the request via the Platform and concomitant with the start of the transfer procedure to the User.
3.5.4. The User understands that, although Token.com guarantees the rented Digital Asset, there are risks involved in the operation, such as liquidity, devaluation of the value of the Digital Asset, cyber attack, among others. In this way, the User must evaluate and judge whether the rental is suitable for his risk appetite.
3.6. By participating in the Platform, the User declares that he is aware that Token.com and the Platform do not have any interference or interference with the rules and other terms and conditions linked to the Digital Assets and specific Protocols, including with regard to the governance of the Protocols made available on the Platform. The dynamics of the Protocols is explained in the FAQ sections of the Platform, being the User's sole responsibility to know each of the Digital Assets that he wishes to acquire and Protocols in which he wishes to participate.
3.7. The User acknowledges that the nature of the Protocols is the decentralization of decisions in the hands of the token (in especially the so-called governance tokens, when applicable in a given Protocol), so that the dynamics and operating rules are decided by such holders from time to time. This open and decentralized decision-making dynamic can lead to changes in the functioning and in a series of conditions different from those taken into account by the Users when they decided to participate in a certain Protocol.
3.7.2. Token.com is not responsible for such decisions and/or changes in the Protocols, which are not under its control or interference, committing, as far as is reasonable, to publish its institutional position on changes that it deems to be substantial in the governance of certain Protocols whose access is offered to Users from the Platform. Such placements will be for informational purposes only, and will not change the User's full responsibility for the decision to participate in one or more Protocols through the Platform.
3.8. The User further declares and acknowledges that there are risks associated with the acquisition of certain Digital Assets and access to Protocols, precisely as a result of future changes that are not under their control, control of Token.com or any of Token's partners .com, as well as the acquisition of digital assets in general. The User acknowledges and accepts the risks related to Digital Assets and Protocols, and any changes to their governance and rules.
4. TOKEN.COM REMUNERATION
4.1. Acquisition of Digital Assets. For the service of making Digital Assets available on the Platform, as well as a safe and practical environment that allows their negotiation by Users, Token.com will be entitled to a remuneration corresponding to a percentage of the value of the Digital Assets acquired by each User through the Platform, and such remuneration will integrate the conversion rate of the Digital Assets and will be retained by Token.com in each of these transactions.
4.2. Acquisition of Digital Assets in DeFi Protocols. For the intermediation service with the Protocols and conversion of Users' deposits into Digital Assets related to it, Token.com will be entitled to a variable remuneration of the amounts deposited by each User. The remuneration will be charged in the form of a spread between the market value of the Digital Assets and the amount charged by Token.com at the time of the acquisition of the Digital Assets by the Users.
4.2.1. Token.com undertakes to repurchase the balance of Digital Assets from Users linked to Protocols, at the User's request made directly via the Platform, at any time, at the market price of the respective Digital Asset at the time of repurchase, observing the Maximum Value of repurchase The Maximum Repurchase Amount of your balance will be calculated as follows:
(a) In the case of a single purchase:
Vmax= Maximum amount repurchase rate in Reais
v= Amount purchased in Reais
t= elapsed time measured in years from the moment of purchase by the User
i= [●]% per year (as informed on the Platform at the time of contracting)
TCC= Conversion rate at the time of purchase by the User
TCV= Conversion rate at the time of sale by the User
(b) In the case of multiple purchases:
Vmax= [v1*(1+i)^t1]*(TCV/TCC1) + [v2*(1+ i)^t2]*(TCV/TCC2) + [vn*(1+i)^tn]*(TCV/TCCn)
Vmax= Maximum repurchase value in Reais
v1= Amount purchased in Reais at the moment 1
v2 = Value purchased in reais at the moment 2
vn= Value purchased in reais at the moment n
t1= elapsed time measured in years from the moment of purchase 1 by the User
t2= elapsed time measured in years from the moment of purchase 2 by the User
tn = elapsed time measured in years from the time of purchase n by User
i= [●]% per annum (as informed on the Platform at the time of contracting)
TCC1 = Conversion rate at the time of purchase 1 by the User
TCC2 = Conversion rate at the time of purchase 2 by the User
TCCn = Conversion rate at time of purchase n by User
TCV= Conversion rate at time of sale by User
4.2.2. The repurchase may be total or partial, at the User's discretion. In the case of partial repurchase, the amount received by the User will be pro-rata, respecting the Maximum Repurchase Amount.
4.2.3. In the case of partial repurchase, the Maximum Repurchase Amount of the remaining balance will be calculated as follows:
Vmax= Maximum repurchase value in Reais
s= Remaining Balance in Reaist= time elapsed (in years) from the moment of partial repurchase by Token.com
i= [●]% per year (as informed on the Platform at the time of contracting)
TCC= Conversion rate at the time partial repurchase by Token.com
TCV= Conversion rate at the time of sale by the User
5. LIMITATIONS AND MODIFICATIONS OF THE PLATFORM SERVICE
5.1. Token.com will use its best efforts to keep the Platform operational. However, certain technical difficulties, maintenance, updates or tests necessary to maintain proper functioning, implement new features or adapt to relevant changes in legislation may, from time to time, result in temporary interruptions to the Platform.
5.3. Despite the regular efforts of the Token.com team to maintain the proper functioning of the Platform, Token.com cannot guarantee and, therefore, is not responsible, for the total absence of errors or bugs in the particular devices used to access or interact with the Platform, during or after accessing the Platform.
6. COMMUNICATION BETWEEN USER AND TOKEN.COM
6.1. Token.com undertakes to provide service to the User, through the e-mail address firstname.lastname@example.org to clarify any doubts about the operation of the Platform, as well as to open calls for the provision of technical support. Token.com will analyze the request made by the User and will provide an initial response with an estimated time for resolving the problem within 48 (forty-eight) business hours.
6.2. Token.com may contact the User by sending e-mails to the e-mail address registered on the Platform, telephone calls to the number registered on the Platform and/or sending notifications through the Platform itself.
6.4. Token.com disclaims responsibility for problems with the email address provided by the User that make it impossible for the User to communicate with Token.com or to receive and/or send notices of any kind.
7. RULES OF CONDUCT
7.1. The User is aware that he may eventually use the Platform to publish and/or send messages or disseminate content, and/or perform interactions with Token.com or with other Users. In such cases, you are aware that such content or interactions may not:
(a) be defamatory, discriminatory, obscene, offensive, threatening, abusive, vexatious, harmful, contain expressions of hatred against people or groups, insults or threats religious or racial or , also, that encourages moral or property damages;
(b) contain third-party copyrights or content that, for any reason, infringes third-party rights;
(c) be slanderous or contrary to honor, personal and family privacy or the image of persons (including legal entities, entities and similar organizations);
(d) incite violence, criminality or any other type of offence; and
(e) be contrary to the law, good customs and public order.
7.2. In addition, the following actions are expressly prohibited:
(a) providing your login to access the Platform, as applicable, and/or allowing minors to access the Platform without the authorization of their parents and/or guardians;
(c) use the Platform to post or transmit a virus, worm, Trojan horse, easter egg, time bomb, spyware or other malicious computer code, file or program that is harmful or invasive or intended to damage, take control of the operation or monitor the use of any hardware, software or equipment, whether of Token.com, its business partners or third parties, Users or not of the Platform;
(d) use the Platform to violate any legal rights of partners and/or third parties, obtain or collect any information, whether personally identifiable or not, whether from Users (or not), partners or service providers of Token.com;
(e) modify, adapt, convert or reverse engineer, decompile, disassemble or modify any part of the Platform's source code, whether on its front-end or on its back-end;
(f) use the Platform to carry out any activity related to advertising or encouraging the consumption of services or products of any segment without the express written authorization of Token.com; and
(g) state the existence of any affiliation with Token.com or the Platform or otherwise express opinions or certify the endorsement or encouragement of Token.com or the Platform with respect to any practices, products or services.
8. SYSTEM OR DATABASE BREACH
8.1. The User may not use any device, software, or other resource that may interfere, directly or indirectly, with the regular functioning of the Platform, its databases and servers.
8.2. If any type of fraud, artifice or other form of fraud is detected in the use of the Platform, Token.com may cancel the access of the User responsible or in any way involved.
9. LICENSE, CONTENT AND INTELLECTUAL PROPERTY RIGHTS
9.1. By registering on the Platform, Token.com grants the User a personal, onerous, temporary, limited, non-exclusive, non-transferable license to use the Platform for personal purposes.
9.2. Token.com respects the intellectual property rights of others and requires Users to do the same. All trademarks and distinctive signs of any kind present on the Platform belong to their respective right holders. For the use of any of these rights, the express and written authorization of their respective holders is required.
10.2. Token.com may, at any time, terminate the existing relationship with the User in the following cases:
(b) if Token.com is required to do so by law, court order, or determination of a competent government agency; and
(c) on the initiative of Token.com to terminate the Platform, in whole or in part, without the need for notification or justification to Users.
10.4. Token.com may, on its own initiative and at any time, discontinue the availability of the Platform, including in cases where it deems it necessary for its legal security and/or for the security of third-party rights.
10.5. In case of cancellation of the Platform, in whole or in part, Token.com will not be obliged to maintain, provide, return or reimburse any kind of content, data or information passed on by Users.
11. DISCLAIMER OF WARRANTIES AND LIABILITY
11.1. Token.com will not be liable for indirect, incidental, special, punitive or consequential damages, lost profits, loss of data, moral or property damages related to, associated with or arising from the use of the Platform that have been caused by partners, service providers, other Users and/or third parties.
11.3. Token.com will not be responsible for delays, failures, nor for the quality of services provided by any partners, service providers or any third parties.
11.5. For strictly technical and operational reasons, Token.com cannot guarantee the availability and continuity of operation of the Platform. Token.com may give advance notice of interruptions in the operation of the Platform, but it can never guarantee that its use will be uninterrupted, punctual, safe and error-free.
11.7. Token.com does not manage, own, control, or administer the Protocols and networks that govern the Protocols, or any Digital Assets associated or not with such Protocols, made available on or on the Platform, much less the blockchains on which any of the operations involving such Digital Assets. The User, from now on, exempts Token.com and its partners from any liability for acts that are not their responsibility related to the management, development, maintenance, operation, operation, security or control of the Protocols, Digital Assets, networks, nodes, codes and any other open source elements that are used for the use of the solutions available on the Platform by the Users.
12. RELEVANT EVENTS AND EMERGENCY MEASURES
12.1. Token.com only acts as a channel for Users to access Digital Assets and Protocols and, under no circumstances, manages Users' assets or makes suggestions and/or analyzes to Users in relation to their assets. Users acknowledge and agree, however, that in the event of instabilities, technological, market, liquidity or any other nature, or very relevant devaluation of certain Protocols and respective Digital Assets, Token.com may, at its sole discretion, take measures in order to protect the Users' assets (the “Emergency Measures”). to such Emergency Measures, provided that such communication will be made (a) directly on the Platform (push); and/or (b) by e-mail to the e-mail addresses registered on the Platform by Users. if you disagree with the Emergency Measures within the time period stated in the respective notification, the Emergency Measures will not be applied to that User. Emergency Measures may include, but are not are limited to:
(a) performing the full redemption of the Digital Assets owned by the User, with the availability of the respective balance for redemption on the Platform;
(b) migration of Digital Assets owned by Users to Digital Assets or Protocols that Token.com deems to be more suitable for protecting Users' assets;
(c) termination of the Lease and consequent transfer of custody of the Digital Assets to the User or another service provider designated or competent to do so, at Token.com's discretion; and
(d) measures that would be expected of any “average person” with a view to protecting their assets.
12.3. If a User does not comment on the adoption of Emergency Measures within the period informed by Token.com in the respective communication, the absence of manifestation will be interpreted, for the benefit of the User and the protection of its assets, as tacit authorization for the adoption of the Emergency Measures by Token.com.
12.5. Without prejudice to Emergency Measures, Token.com may, at its sole discretion and without prior notification or authorization from Users, suspend Users' access to Digital Assets, Protocols and the possibility of entering into a Lease with Token.com. In this case, the amounts transferred by Users to the Platform that have not been used for the acquisition of any Digital Assets will be fully available on the Platform for Users to redeem, if they wish.
14. GENERAL PROVISIONS
14.1. The User must observe the technical specifications of the application that is part of the Platform and carry out the necessary updates on his smartphone or any other device used to access the Platform.
14.2. Token.com will not be responsible for any damages that may be suffered by the User due to its incompatibility with its device or device (for example, software, hardware and processor) or for insufficient memory, nor for any failures presented as a result of the device's characteristics. User's electronic data, including, but not limited to, those related to the correct functioning of functionalities and/or security flaws. Token.com will not be responsible for any losses or damages that the User may experience as a result of the use of the Platform, defects and/or failures in the provision of partner/third party services or any manifestations, guidelines or conduct of partners/third parties, nor does it guarantee that its Platform will function uninterruptedly and free from errors or viruses.
14.5. Upon acceptance and use of the Platform, the parties elect the jurisdiction of the city of São Paulo, in the state of São Paulo, to resolve any issues arising from the use of the Platform and the solutions available therein, with express waiver of any other, however privileged that it is or will be.
14.6. The User is responsible for obtaining access to the data network, necessary to use the services, as well as for paying the fees and charges charged by the telephone operator for the use of the data network. subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
14.7. For more information, please contact us at email@example.com.