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Terms of Use

This term of use describes the conditions applicable to the use of the services.

This is the updated version.

TERM OF USE DIGITRA.COM This term of use describes the conditions applicable to the use of the services ("Term of Use") offered by DIGITRA.COM ATIVOS DIGITAIS LTDA, duly enrolled with the (CNPJ/MF) under No. 40.525.666/0001-88, with head office at ALAMEDA RIO NEGRO, 503, ADDRESS 2: 6TH FLOOR, Alphaville Centro I, Barueri - SP, ZIP Code: 06454-000, hereinafter referred to as "DIGITRA.COM", by means of its website www.digitra.com and respective subdomains, applications for smartphones and tablets and/or by application programming interface (API) provided (“Platform”). IMPORTANT: It is essential to read and accept this Term of Use and the Platform’s Privacy Policy, as an integral part of this document, to use any Platform services. DIGITRA.COM also reserves the right to change, at any time, this Term of Use and related documents, aiming the improvement of the services provided, or for legal reasons.

  1. ACCEPTANCE TO THE TERMS OF USE

1.1. Acceptance. The User, herein understood as any person, natural person or legal entity, who intends to use the services described in this Term of Use, must read carefully and fully the content of this Term of Use and, if he agrees with the provisions contained herein, he must express his free, express, informed and unequivocal consent to the contents of this document. 1.2. Related terms. The following documents are an integral and indivisible part of this Term of Use ● Privacy Policy ● Cookie Policy ● Application Programming Interface License Agreement – API 1.3. Regulation. The applicable law to the matter, especially the Normative Instruction RFB No. 1888/2019, and the recommendations of the FATF (i) “Guidance for a Risk-Based Approach to Virtual Assets and Virtual Asset Service Providers”; and (ii) “Virtual Assets Red Flag Indicators of Money Laundering and Terrorist Financing”, with a summarized version available in Portuguese for Users who request it through the customer service channel, are integral parts of this Term of Use.

  1. USER REGISTRATION

2.1. Eligibility. To register on the Platform, the User must: i. be at least eighteen (18) years old, must have civil capacity to enter into an agreement in accordance with the applicable law, or, if a minor, be authorized by the guardian, when he/she is a natural person; ii. be a legal entity or organization with full legal capacity and authority to enter into this Term of Use; 1 iii. not be acting on behalf of a hidden principal or a third-party beneficiary without providing information to DIGITRA.COM as set forth in this Term of Use; iv. not have any prior suspension or removal from the Platform; v. not be a person affiliated with the United States of America; and vi. not be listed in restrictive and sanctioned lists according to the risk criteria adopted by the Platform. 2.1.1. Legal entity representative. If the User is signing this Term of Use on behalf of a legal entity or organization of which he is a member, partner, shareholder, officer, manager, employee, agent, service provider or representative of any nature, he represents and warranties that he has full powers, legitimacy, authority and all the necessary rights to bind such entity, and shall present all the supporting documentation required by the Platform for his registration to be approved or maintained. 2.1.2. Authorization of the guardian. Underage users must be duly authorized before the Platform to use its services. DIGITRA.COM may block minors’ access or require written authorization. 2.2. Registration. The registration is done by filling out the online form available at the Platform’s home page. Besides filling out the form, if the User wishes to have full access to the services and functionalities available on the Platform, he must supply additional information and supporting documents as indicated in the appropriate section of the Platform. Users that choose to supply all the information and do not send the documents considered mandatory will suffer restrictions on transactions on the Platform, including, but not limited to, the purchase and sale of cryptoassets, electronic transfers in Brazilian Reais, deposit and withdrawal of cryptoassets in custody, among others. 2.2.1. Registration of legal entity. The registration of legal entities or organizations as Users must necessarily be carried out by a legal representative duly authorized to do so. The Platform may request the submission of documents to prove such powers. If no such documents are submitted, the Platform may refuse to register at its sole discretion. 2.2.2. Individuality of the registration. Each User may only keep one single registration on the Platform. If more than one registration is verified for the same person, one or all of these registrations may be suspended or cancelled at DIGITRA.COM discretion. 2.2.3. Registration update. The User hereby represents that all information provided is true, current and complete at the time of registration, being responsible for any error, omission or bad faith. In case of error, the User shall immediately request the rectification of the information on the Platform. The User is also obliged to keep all the information updated, and DIGITRA.COM may request, at any time and at its sole discretion, the updating of the User’s registration with the respective presentation of supporting documents and, as the case may be, condition the continued use of the Platform to the completion of the registration update. 2.2.4. Ideological falsehood and other crimes. The supply of false information or the undue use of third-party data in one’s own name constitutes a crime of ideological falsehood, as defined by Decree-Law No. 2,848/1940, which institutes the Penal Code. Nevertheless, this action may be considered a crime by other types present not only in the Penal Code, but also in special law. In any of these cases, DIGITRA.COM may suspend or definitively cancel the User’s access to the Platform, without prejudice to taking the other administrative and judicial measures that are assured by the law in force. 2.2.5. Refusal, suspension and cancellation of registration. DIGITRA.COM reserves the right to refuse any registration request and to suspend or cancel a registration already accepted, without prior communication, in the following cases: 2 i. receipt of illegible documents or with reasonable doubts of its legitimacy; ii. breach of any provision of this Term of Use, the Privacy Policy, the Prevention of Money Laundering and Terrorism Financing Policy and any other rule or procedure integrating the internal controls, cybersecurity and perpetuity of the Platform; iii. impossibility of verifying the User identity or finding a falsehood in any of the information supplied by him; iv. presentation of risk by a User to the integrity of other Users or the Platform; v. verification of fraudulent practices or adoption of any behavior that, in DIGITRA.COM opinion, is incompatible with the policies of the Platform; vi. lack of civility in the relations among the Users themselves or between them and DIGITRA.COM or any relation that may, in any way, cause damage to third parties or to the Platform; vii. death of the User; viii. lack of business interest; or ix. unilateral termination. 2.2.6. Cancellation of orders. If the User’s registration is suspended or cancelled for any of the reasons provided in this Term of Use, all its orders, agreements and actions not yet executed will be automatically cancelled. 2.3. Collected information. The information required for registration is found in a separate section of the Platform, and may include, but is not limited to: full name, e-mail address, contact information, telephone number, identity document, date of birth, taxpayer number, address, bank data. By providing this information, the User confirms that it is accurate and authentic and, even after registration, the User acknowledges and agrees that he must continue to ensure that the information remains true, complete and is updated in a timely manner in case of any discrepancies. 2.3.1. Purpose of collecting personal information. By registering on the Platform, the User agrees to share personal information requested for identity verification purposes. This information is used specifically for the detection of money laundering, terrorism financing, fraud and other economic crimes. We collect, use and share this information in accordance with the Privacy Policy, Internal Data Protection Policy, Law No. 13,709/2018, establishing the General Data Protection Law ("LGPD") and Regulation (EU) 2016/679 dated as of April 27, 2016, establishing the General Data Protection Regulation (“GDPR”). In addition to providing this information, to facilitate compliance with global industry standards, the User agrees to allow us to maintain a record of this information for the lifetime of his account, in addition to five (5) years after its termination. 2.3.2. Sharing personal information with third parties. The User also authorizes DIGITRA.COM to make inquiries, directly or through third parties, that are deemed necessary to protect the User and verify his identity. The queries are also intended to protect the company against possible economic crimes and follow the rules of the LGPD, GDPR and the Financial Action Task Force. 2.3.3. Issuing documents cost. The User shall be solely responsible for any expenses incurred during the maintenance of his registration on the Platform, including, but not limited to, the fees and costs for the issuance of certificates, vouchers before private companies or government authorities. 2.3.4. Data enrichment and fraud prevention. The User expressly agrees and authorizes DIGITRA.COM to verify the information in other sources, including, but not limited to, public or private databases, being able to enrich them with other information, including about judicial or administrative proceedings and procedures, which will 3 also be used for the purposes of compliance with the applicable law and regulations, as well as for the execution of procedures for the prevention and combat of money laundering and terrorism financing. 2.4. Access Credentials. Upon registering on the Platform, the User creates his credentials (login and password) that will grant him access to his account. This credential and related data are confidential and non-transferable, and shall not be informed by the User to any third party, being the User solely responsible for its safekeeping. The User agrees that he is responsible for taking the necessary security precautions to protect his own account and personal information. 2.4.1. Improper access by third parties. If the User becomes aware that a third party has had access to this information, or the occurrence of any unauthorized use or access of his account, including any other breaches of the Platform’s policies and rules, the User must notify DIGITRA.COM immediately, in addition to immediately requesting a password change on the Platform itself. It is the User’s responsibility to observe the security, authentication, negotiation, charging, mechanism, deposit, withdrawal or any other procedures involving his account in the services offered in the Platform. 2.5. Account transaction. Accounts may only be transacted by the person whose name is registered. DIGITRA.COM reserves the right to suspend, block or cancel accounts: i. transacted by persons other than those whose names are registered; ii. that present situations or transactions that are considered suspicious; iii. that have performed bank transactions with defects capable of compromising their legitimacy; and iv. that present complaints from victims of changed bank slip. 2.6. Prohibition of use. By accessing and using the Platform, the User represents and warranties that he is not on any criminal, administrative, commercial or economic sanctions list, such as the UN Security Council Sanctions List, designated as “Specially Designated National” by OFAC (Office of Foreign Assets Control of the U.S. Treasury Department) or included in the “Denied Persons List” of the U.S. Department of Commerce. 2.7. Restriction by risk analysis. DIGITRA.COM retains the right to select its Users, markets and jurisdictions in which to operate, and may restrict or deny the availability of services to certain persons, entities, or locations through its risk-based approach to virtual assets and virtual assets service providers.

  1. PLATFORM SERVICES

3.1. Services description. DIGITRA.COM offers its Users through the Platform services and functionalities for cryptoasset transactions, including intermediation of cryptoasset purchases and sales among Users. Cryptoasset Transactions are understood to be all those described in article 6, § 2 of Normative Instruction No. 1,888/2019 of the Federal Revenue Service of Brazil (“Cryptoasset Transaction”). DIGITRA.COM does not buy or sell cryptoassets. The activity of the Platform is to bring together Users who wish to trade in Cryptoassets and to offer functionalities to facilitate and secure these transactions. 3.1.1. Intermediation of transactions. The User is solely responsible for the Cryptoasset Transactions carried out under his account on the Platform, and acknowledges and accepts that he does so at his own risk. The User also declares and agrees that DIGITRA.COM is not a party and must not be considered a party to any transactions made by Users through the Platform, and therefore is not responsible for the effective fulfillment of the obligations assumed by Users in these transactions. DIGITRA.COM only qualifies as an intermediary of such transactions. 3.1.2. Cryptoassets and electronic currencies. Cryptoassets with the nature of cryptocurrencies or virtual currencies are not to be confused with the definition of 4 electronic currency given by Law No. 12,865/2013, which provides for the payment arrangements and payment institutions integrating the Brazilian Payment System (SPB) or with the regulation arising from normative acts issued by the Central Bank of Brazil – BCB, in accordance with the guidelines of the National Monetary Council – CMN. Electronic currency, therefore, is a way of expressing credits denominated in Brazilian Reais. In turn, the so-called virtual currencies (cryptocurrencies) are not referenced in Brazilian Reais, or in other currencies established by sovereign governments. 3.1.3. Fees and commissions. Registration on the Platform is free. The User will only be subject to the fees presented in the trading section of the Platform. The value of all fees charged will be clearly presented to the User prior to their incidence so that the User can decide whether or not to carry out the transaction. If you decide to perform the transaction, the amount of the tariff will be due regardless of the withdrawal or undoing of the transaction. Any changes in DIGITRA.COM tariffs will be announced through the Platform. DIGITRA.COM reserves the right to adopt the pertinent judicial and extrajudicial measures to receive any amounts due to it. 3.2. Listing of cryptoassets. DIGITRA.COM makes available its deposit, withdrawal, trading, sending, receiving and storage services only for the cryptoassets supported by the Platform. The choice of cryptoassets to be listed on the Platform is solely and exclusively DIGITRA.COM, and may be freely changed from time to time at its discretion. It will not be possible to store, send, or receive cryptoassets that are not supported by the Platform, or that are no longer supported by the Platform. 3.2.1. Unsupported cryptoassets. The User acknowledges and accepts that, unless DIGITRA.COM expressly advises otherwise, the Platform does not support metacoins, colored coins, side chains, cryptocurrencies divided into processes known as hard forks, tokens, or any other forms of digital representation of value, including, but not limited to, those that interact with and/or supplement cryptoassets supported by the Platform. 3.2.2. Forks. In particular, blockchain protocols are subject to sudden changes in their operating rules, called forks. Such forks may considerably affect the value, function and/or names of cryptoassets supported by the Platform. If possible, DIGITRA.COM will promote statements and positions about these events, in order to better inform the User’s decision. However, it is entirely the User’s responsibility to decide how to deal with future forks. When a fork occurs, there is the possibility of the suspension of certain transactions on the Platform, even without prior notice and/or prediction of an expected time for the normalization of transactions. DIGITRA.COM, at its sole discretion, may decide to support or not support one or all of the possible divisions resulting from a fork. If a cryptoasset resulting from a fork is not supported, the User will have no rights or access to the balance of the unsupported protocol. The User declares that he acknowledges the risks arising from forks. 3.3. Delisting of cryptoassets. At its sole discretion, DIGITRA.COM may delist from the Platform any cryptoasset that: i. is deemed commercially unattractive; ii. breaches or has features that potentially violate national, foreign and/or international regulations related to the prevention of money laundering and terrorism financing and rules related to the financial and securities market, among others; iii. constitutes risk to the Users of the Platform and/or third parties; or iv. fails to comply with the validation criteria used in its Listing Policy; or v. for reasons of convenience and opportunity, it is considered impossible to maintain such cryptoasset securities on a listing, in accordance with the Company’s internal rules. 5 3.3.1. Delisting procedure. DIGITRA.COM shall notify all Users in the cases in which a certain cryptoasset is removed from the Platform, and the User holding the removed cryptocurrency shall request to withdraw the cryptoasset within thirty (30) calendar days. 3.4. Acceptance of risks. DIGITRA.COM recommends that all transactions be carried out with caution, common sense and adequate level of understanding by the User participating in them. The User declares that he acknowledges and accepts the risks associated with the use of cryptoassets, including the possibility of changes from their current transaction, comprising: i. risk of fraud and pyramid schemes (Ponzi Scheme); ii. risk of money laundering transactions and tax and/or currency evasion; iii. service providers acting without observing the applicable law; iv. operational risks in negotiation environments not monitored by regulatory agencies; v. cyber risks associated with the management and custody of cryptoassets (among which are attacks on the infrastructure and systems, in such a way as to compromise access credentials and make access to the assets difficult or cause partial or total loss of the same); vi. operational risk associated with cryptoassets and their systems; vii. volatility associated with cryptoassets; viii. liquidity risk associated with cryptoassets (i.e. the risk of not finding buyers/sellers for a certain amount of assets at the quoted price); and ix. legal and operational challenges in cases of disputes with issuers, inherent to the virtual and cross-border nature of transactions involving cryptoassets. 3.5. Account crediting. To begin trading on the Platform, the User may use any means of payment informed on the Platform to credit his account in Brazilian Reais, or perform a transfer of supported cryptoassets at a blockchain address generated on the Platform. Only means of payment or transfers from accounts in which the User is the account holder are accepted. 3.6. Trading rules. When using the Platform, specifically on the multilateral system trading screens, for cryptoasset trading, the User is subject to the trading rules described herein. 3.6.1. Firm proposal. Every buy or sell proposal entered on the Platform shall be considered firm as of the moment the User enters it. The User may only cancel a buy or sell order created before acceptance by the counterparty. The User declares to be aware that after acceptance of his order by another User, the cryptoasset buying and selling transaction will be automatically carried out by the Platform, in which case the cryptoassets and values in Brazilian Reais will be transferred between the parties. On the Platform it is also possible to perform exchange trades of different cryptoassets, subject to the same rule. 3.6.2. Chargeback. If a transaction is executed, the User may not under any circumstances request the financial institution to chargeback the payment or bank transfer made to DIGITRA.COM, since the amount credited is automatically transferred to the counterparty in the transaction. Thus, DIGITRA.COM is unable to cover such reimbursement, since the cryptoassets related to this trade have already had their ownership transferred to another User. 3.6.3. Bad-faith trading. The User must act in good faith in the trading made through the Platform. Therefore, it is expressly prohibited to use the Platform services to engage in market manipulation (such as “pump and dump”, “spoofing”, “front running”, “layering”, “wash trading”, self-trading, “quote stuffing” schemes and forgery or stratification), regardless of there being a legislation applicable to the traded cryptoasset. In this case, the DIGITRA.COM reserves the right to retain funds, both in 6 Reais and in cryptoassets, suspend or cancel the User’s account, as well as to take due administrative and judicial steps to protect its rights, those of other Users or third parties who have been harmed. 3.7. OTC. The DIGITRA.COM provides the services of direct trading of high volumes in the overthe-counter (“OTC”) modality. Such service is not subject to the foregoing trading rules, and the DIGITRA.COM may be a party to the transaction. The contracting of this service should occur in the specific part of the Platform, and the User shall be subject to the same registration rules and other provisions of this Term of Use. Given its dynamic nature, the communication of orders for transaction may occur through channels outside the Platform, but always with mediation of a person authorized by the DIGITRA.COM to do so. 3.8. Other services. The DIGITRA.COM may offer other services in addition to cryptoassets brokering. The other services shall be regulated by own terms of use, to which this Term of Use may subsidiarily apply. 3.9. Prohibition of international transfer. It is expressly prohibited to carry out transactions with cryptoassets, or other related instruments that imply international transfers in foreign currencies without complying with the foreign exchange rules, especially carrying out transactions exclusively through institutions that have been authorized by the Central Bank of Brazil to operate in the foreign exchange market. 3.10. Promotional actions. The DIGITRA.COM occasionally perform promotional actions in order to attract new Users to increase engagement in the Platform. So, it may distribute gi