Terms of Use
Última atualização: August 23, 2023
Tópicos
1. Preliminary Provisions
2. Who is BLOCKBR?
3. Platform
4. Registration
5. Login and Password
6. Your Responsibilities
7. Operations with Cryptoassets and/or Tokens
8. Services
9. Commissions Due to BLOCKBR
10. Intellectual Property Rights
11. Privacy
12. Restrictions and Platform Usage Issues
13. Changes in Terms of Use
14. Disclaimer of Liability
15. General Provisions
1. Preliminary Provisions
1.1. If you are interested in one of our products and wish to use our Platform, please read our Terms of Use, Privacy Policy, and be aware that you can only use our Platform and/or services if you agree to the respective conditions, so by doing so, you agree to the entire content of these documents.
1.2. Natural persons representing legal entities, when they are not themselves legal representatives of the legal entities in accordance with their current constitutive acts, may have their access authorization to the Platform subject to authorization from the legal entities to which they are linked.
1.3. BLOCKBR accepts registration of individuals from 13 years of age, in accordance with criteria and documents necessary for account opening and Platform Operations.
1.4. BLOCKBR may establish specific Terms of Use and Privacy Policy applicable to certain products. In any case, you must accept the applicable terms and conditions.
2. Who is BLOCKBR?
2.1. We are BLOCKBR DIGITAL SERVICES LTD., a company registered under CNPJ No. 43.723.993/0001-32, with registered office at Rua Calçada das Margaridas, 163 - ZIP 06453-038, Alphaville, Barueri – SP, 04538-030.
3. Platform
3.1. BLOCKBR's Platform can be contracted and accessed through its website (www.blockbr.com.br) and/or its own and third-party APIs (referred to as the 'Platform'). BLOCKBR is responsible for providing, maintaining, registering, and releasing your access to the Platform.
3.2. BLOCKBR enables through its products BBR STATION and BBR MANAGEMENT, both platforms that provide solutions aiming to bring together users who wish to buy or sell their own crypto-assets and/or tokens made available and supported by BlockBR's infrastructure, as well as the tokenization of assets, buying and selling of these digital assets and tokens ('Crypto-assets and/or tokens'), as well as other services, offering functionalities to facilitate and secure transactions carried out by you on the Platform ('Operations').
3.3. BLOCKBR only holds possession of the crypto-assets and/or tokens, with ownership being exclusive to the user.
3.4. The Crypto-assets and/or tokens involved in each Operation are linked to the virtual wallet, which, through public and private keys, allows you to store, send, receive, and check the Crypto-assets and/or tokens linked to it ('Wallet') and can be viewed through the Platform.
4. Registration
4.1. To access the Platform, you must accept these Terms of Use, the Privacy Policy, and register on the Platform, following the rules and conditions set forth in the mentioned documents.
4.2. Registration is done by filling out a form available in the 'Create account' option on the Platform, and will require the provision of the following personal data and documents:
(a) if you are an individual: (a.i) providing an active email address, CPF, date of birth, and other information and documents requested by Blockbr, as explained in the Privacy Policy; and (a.ii) your own bank account details;
(b) if you are a legal entity: (b.i) providing an active email address, CNPJ, the company's constitution document or the last amendment to the Bylaws/Articles of Incorporation, and other information and documents requested by Blockbr; and (b.ii) filling in your own bank account details.
4.3. You may maintain only one single registration and one single account on the Platform.
4.4. Without prejudice to the conditions set forth in these Terms of Use, BLOCKBR, at its sole discretion, reserves the right to refuse any registration request and to suspend or temporarily block access or deactivate your account without prior notice and without any cost, fine, liability, or obligation to indemnify if any of the following cases occur or are suspected: (i) falsity, incorrectness, obsolescence, or incompleteness of the information and documents provided by you; (ii) violation, in whole or in part, of any of the provisions of these Terms of Use, the Privacy Policy, as well as any other document or guidance published by BLOCKBR and applicable laws and regulations; (iii) inability to verify your identity and/or the identification of indications of the crime of identity theft; (iv) the adoption of any behavior by you that, at BLOCKBR's sole discretion, is or may become incompatible with the objectives of the Platform, as well as with civility towards other users and/or that may, in any way, cause harm to third parties to the Platform and/or to the image of BLOCKBR; and (v) upon request by a competent authority.
4.5. In the event of any of the account cancellation scenarios, and provided there is no judicial or administrative authority order to the contrary, BLOCKBR will convert the balance in Crypto-assets and/or tokens in your account to Brazilian Reais, and the transfer of the available amount in Brazilian Reais will be made to your bank account, as per the details provided by you on the Platform, except if the amount in Brazilian Reais is less than the smallest unit of national currency, in which case any transfer cannot be executed. The provisions mentioned here will respect the operational limits listed on the 'Fees, commissions, and limits' page and/or in the logged-in area of the Platform, when available, as well as any additional information.
5. Login and Password
5.1. Upon registering, you must create a login and a password to access your account on the Platform.
5.2. The login and password are personal and non-transferable and must be kept confidential to preserve access and/or knowledge by third parties. In this regard, you must keep your smartphone, tablet, and/or computer properly protected with antivirus tools and should not access your account from public computers or from public Wi-Fi connections and/or third-party devices. If you do so, you must take all precautions to ensure that there are no viruses or tools that allow or may allow the copying of data entered on that device, and you will be solely responsible for the risks of such conduct and any losses and damages that may be incurred by you, BLOCKBR, and/or third parties.
5.3. If you become aware of or suspect that any third party has accessed your login and/or password or of any unauthorized use or access of your account by third parties, you must immediately access the Platform and, in the 'Help Center' channel, report the incident to BLOCKBR and, in the 'Settings' menu, select the 'Change Password' option, replacing it with one that is not similar to the previous one. In this case, we also recommend changing the access password to the email registered on the Platform.
6. Your Responsibilities
6.1. In addition to the other obligations and responsibilities assumed by you by accepting these Terms of Use, you and your legal guardian(s), when applicable, are solely and exclusively responsible for:
a) the Operations carried out on the Platform using your login and password;
b) providing and maintaining accurate, correct, precise, true, up-to-date, and complete information, relieving BLOCKBR of any liability in this regard;
c) maintaining the confidentiality of your access data to the Platform;
d) fully understanding the operation of the Platform, as well as the risks involved in its use, and you must have full capacity and competence to carry out the Operations;
e) adopting best practices in creating your access password;
f) not sharing data with third parties, such as logins and passwords;
g) using strong passwords;
h) not using the BLOCKBR password on other websites or services, changing it periodically;
i) logging out of the Platform at the end of your use;
j) avoiding use on public computers or public Wi-Fi networks; and
k) keeping the operating system and antivirus software updated.
6.2. In addition to the responsibilities listed above, we strongly recommend that you enable two-factor authentication (2FA) to enhance the security of your Operations.
7. Operations with Cryptoassets and/or Tokens
7.1. To carry out any Operation, you must first have your registration approved by BLOCKBR, your account activated (via email), and have accepted all the provisions of these Terms of Use and Privacy Policy.
7.2. To perform any Operation on the Platform, you must have sufficient funds in Reais or the equivalent in Cryptoassets and/or tokens in your account. BLOCKBR has minimum values for buying, depositing, and withdrawing Cryptoassets and/or tokens, and it is not possible to perform such Operations below these minimums. These limits can be checked on the Fees, Commissions, and Limits page and/or in the logged-in area of the Platform, when available.
7.3. If you wish to buy or sell Cryptoassets and/or tokens, you must place a buy or sell order on the Platform by filling out the form available on the Platform. Before placing your buy or sell order, you must have sufficient Reais in your account (for a buy order) or Cryptoassets and/or tokens (for a sell order) to cover the offer you intend to make.
7.4. You acknowledge that each buy or sell order placed on the Platform represents a firm offer to buy or sell, as applicable, in accordance with applicable law, based on the characteristics of the Cryptoassets and/or tokens and the price specified in the respective buy or sell order. You understand and agree that, once your buy or sell order is accepted by another user, the transaction will be automatically executed by the Platform and cannot be undone or modified.
7.5. Once your buy or sell order is accepted, the value in Reais (for a buy order) or Cryptoassets and/or tokens (for a sell order) will be automatically transferred by the Platform, with Reais debited from your account (for a buy order) and credited to the accepting user's account, and in return, the balance in Cryptoassets and/or tokens will be transferred from the accepting user's account to your account, or Cryptoassets and/or tokens will be debited from your account (for a sell order) and credited to the accepting user's account, and in return, the equivalent amount in Reais will be transferred from the accepting user's account to your account.
7.6. If you wish to exchange your Cryptoassets and/or tokens for other Cryptoassets and/or tokens, and such exchange is supported by the Platform, you acknowledge that your exchange offer represents two firm offers (a sale followed by an automatic purchase), and you agree that the provisions of sections 7.4, 7.5, and 7.6 above apply to the intended exchange Operation.
7.7. If you wish to cancel a buy or sell order that has been placed but not yet accepted by another user, you may do so through the Platform, and the original balance will be restored to your account, either in the equivalent amount in Reais, Cryptoassets and/or tokens, or tokens, as applicable. Please note that the offering user may also do the same, and you will have no claims against them.
7.8. BLOCKBR is not a party, and should not be considered a party, to any Operation, nor does it become the owner of the Cryptoassets and/or tokens traded on the Platform between users. BLOCKBR is exempt from any liability for your compliance with your obligations in your Operations.
7.9. You acknowledge and accept that, when conducting Operations, you do so at your own risk, recognizing BLOCKBR only as a provider of tokenization services, primary offering, and the provision of the Platform for trading Operations between you and other users.
7.10. You must ensure that you have correctly provided: (i) your bank details for Reais withdrawals and (ii) your Wallet address for future withdrawal of Cryptoassets and/or tokens from the Platform if you intend to perform any Operations.
7.11. You declare and warrant that you are aware that, due to lack of knowledge, technical problems, failures, slowness, or any issues related to the devices and networks used by you, as well as payment methods and other intermediaries, due to your fault, the user's fault, third parties' fault, or actions that exceed BLOCKBR's security domain, as per the security measures commonly used in the market, buy and sell orders you place may take time to be processed and published. Such delays may lead to discrepancies between execution and cancellation, and BLOCKBR is not responsible for any changes in the Cryptoassets and/or tokens' prices or for any losses, including loss of opportunity, direct or indirect material or immaterial damage, or any losses incurred by you in this regard due to these characteristics.
7.12. BLOCKBR reserves the right, at its sole discretion and without prior notice, and without any cost, fine, liability, or obligation to indemnify, to implement limits on the use of the Platform, such as, but not limited to, the number of Operations that you can perform.
8. Services
8.1. BLOCKBR provides the Platform for deposit, withdrawal, trading, and storage services only for the Cryptoassets and/or tokens supported by it, and is subject to change at the sole discretion of BLOCKBR.
8.2. BLOCKBR securely stores the private keys related to the Cryptoassets and/or tokens deposited in users' Wallet addresses through a combination of online and offline storage. Due to this configuration, chosen in the interest of users' security, there may be delays in processing the receipt of Cryptoassets and/or tokens in the Wallet, crediting to the account, and/or sending of Cryptoassets and/or tokens by the Platform, and BLOCKBR is exempt from any liability for such delays.
8.3. You acknowledge and accept that unless BLOCKBR expressly notifies otherwise, the Platform does not support meta coins, colored coins, side chains, derivatives, new protocols, and Cryptoassets and/or tokens arising from processes known as forks, other Cryptoassets and/or tokens, or any other forms of digital representations of value that are not expressly listed by BLOCKBR as supported Cryptoassets and/or tokens, including but not limited to those that interact with and/or supplement Cryptoassets and/or tokens supported by BLOCKBR.
8.4. You must not attempt to use your account on the Platform to receive, send, store, or interact with Cryptoassets and/or tokens not supported by BLOCKBR. The Platform is not configured to detect or ensure operations involving Cryptoassets and/or tokens that are not supported, and attempting to improperly send, receive, or store such Cryptoassets and/or tokens may result in complete, permanent, and irreversible loss of these Cryptoassets and/or tokens, and BLOCKBR is hereby released from any liability in connection with such acts and any losses resulting from such situations.
8.5. BLOCKBR does not own or control the protocols and blockchains that govern the Cryptoassets and/or tokens supported by the Platform. Often, these Cryptoassets and/or tokens have open-source code, and individuals can use, copy, modify, and distribute the underlying code of the respective Cryptoasset. It should be noted that, despite the open-source nature of the code, the process of making changes to the code of major Cryptoassets and/or tokens is filled with risk mitigation mechanisms and governance, with different stakeholders of the protocols, such as miners, nodes, wallets, cryptoasset exchanges, developers, among others, often being required to signal adoption of proposed changes. In any case, BLOCKBR assumes no responsibility for the operation, maintenance, and development of these protocols, networks, Cryptoassets, and/or tokens, and cannot guarantee their functionality, security, or availability.
8.6. In particular, due to their open and decentralized nature, protocols are subject to sudden changes in their operational rules (Forks or Protocol Changes). Typically, when a Fork occurs, the original protocol splits into parallel networks: (i) the version of the original protocol that did not adhere to the proposed changes, and (ii) the version of the protocol that changed its rules and follows a new operational dynamic. Such Forks or Protocol Changes can significantly affect the value, function, and/or names of Cryptoassets and/or tokens. If possible, BLOCKBR will make best efforts to provide public statements and positions on these events to better inform your decision and that of other users regarding certain Cryptoassets. It should be noted that BLOCKBR reserves the right to assess the merit and form of the Fork performed as one of the factors taken into consideration for the decision to support or not support certain changes. BLOCKBR, at its sole discretion, may decide to support one or all of the possible divisions resulting from Forks or Protocol Changes.
8.7. As a consequence of not supporting a particular Cryptoasset resulting from Forks or Protocol Changes, you will not have any rights and will not have access to the balance related to that Cryptoasset if the protocol is not supported by BLOCKBR. It should be noted that your rights and access will remain valid in relation to the protocol supported by BLOCKBR, even if there are changes in the original situation.
8.8. However, it is solely and exclusively your responsibility to decide how to deal with Forks or Protocol Changes, and you are aware and agree that any loss of balance resulting from Forks or Protocol Changes is an inherent risk of your choice to operate in the Cryptoasset and/or token market. In the event of Forks or Protocol Changes, Operations on the Platform may be suspended, including without prior notice and/or an estimate of the time required for the resumption of Operations.
8.9. You acknowledge and accept the risks related to Forks or Protocol Changes and agree that BLOCKBR has no responsibility and/or obligation to assist you in moving and/or selling the unsupported Cryptoasset resulting from Forks or Protocol Changes.
8.10. You acknowledge that BLOCKBR (i) does not offer consulting or investment recommendations, and you declare that you understand and accept the inherent risks associated with activities and Operations involving Cryptoassets and/or tokens, including the possibility of changes in the protocols and networks governing their current operation, as well as the risks associated with financial results (gains or losses) resulting from such Operations; nor (ii) sets the price at which Cryptoassets and/or tokens are traded, which is determined based on market conditions, supply, and demand for the respective Cryptoasset.
9. Commissions Due to BLOCKBR
9.1. Registration on the Platform is free. To check the commission amounts and other details about fees, deadlines, and limits, please access the commission, deadline, and limit tables available on the Platform through the Fees, Commissions, and Limits link and/or in the logged-in area of the Platform, when available.
9.2. You will pay commissions to perform the following operations on the Platform:
Platform Marketplace for Tokens or Digital Assets
(a) Token issuance: a commission is charged on the amount raised in the pre-offering when issuing a token. Therefore, this commission is only charged when the total fundraising amount in the primary token offering is completed.
BBR Station Platform and BBR Management Platform
(a) Modular infrastructure that allows origination via tokens, operation arbitration, deposits, transactions, and withdrawal of Reais: when you contract the platform, you pay a setup fee and a fee for operations. When you withdraw Reais from the platform, a commission is charged on the withdrawn amount. Furthermore, both those who sell their Cryptoassets and/or tokens through the Platform and those who, after depositing Reais, do not use them entirely to purchase Cryptoassets and/or tokens, will pay a commission for withdrawing Reais. Therefore, at the time of withdrawal, the Reais balance will be made available, already deducted from the commission amount.
(b) Execution of a sell order: publishing a sell order for Cryptoassets and/or tokens on the Platform is free. However, if this sell order is accepted, either in full or in part, by another user, you will pay a commission for the execution of that order. Therefore, the Reais balance available for withdrawal by that user will be the sale value of their Cryptoassets and/or tokens, already deducted from the commission amount specified in this item.
(c) Execution of a buy order: publishing a buy order for Cryptoassets and/or tokens on the Platform is free. However, if this buy order is accepted, either in full or in part, by another user, a commission will be charged to the user who placed the order. Therefore, the Cryptoassets and/or tokens balance available for withdrawal by the user who placed a buy order will be the amount acquired by them, already deducted from the commission amount specified in this item and mining fees of the respective Cryptoasset.
(d) Deposit and withdrawal of Cryptoassets and/or tokens: receiving and sending Cryptoassets and/or tokens are subject to fees charged by the miners' and/or validators' network, which may vary according to network conditions. The withdrawal fee for Cryptoassets and/or tokens will be shown at the time of the withdrawal operation and will be automatically deducted from the total amount of Cryptoassets and/or tokens to be sent.
10. Intellectual Property Rights
10.1. BLOCKBR is the sole and exclusive owner of intellectual property rights, domain names, trademarks, software, layout, databases, features, and other protected assets related to the Platform.
10.2. By accepting our Terms of Use, BLOCKBR grants you a free and non-exclusive license to use the Platform owned by BLOCKBR.
10.3. You may not reverse engineer, reproduce, communicate, or distribute this software, or allow third parties to do so, and the license granted here is conditional upon compliance with the obligations set forth in these Terms of Use.
11. Privacy
11.1. All personal data provided by you for registration, as well as data related to Operations, are stored in a secure cloud environment, in accordance with the Privacy and Personal Data Protection Policy, the provisions of which are an integral part of these Terms of Use.
11.2. BLOCKBR adopts organizational measures, training and training its internal personnel, as well as technical measures focused on information security, to protect personal data against unauthorized disclosure, unauthorized access, modification, and loss or data leakage, either accidental or unlawful. BLOCKBR applies best practices in personal data processing security, such as encryption, monitoring, periodic security testing, firewall, among others, and cannot be held responsible for cyberattacks that could not be avoided by market tools or incidents caused by the owner's own fault.
12. Restrictions and Platform Usage Issues
12.1. Access to the Platform and support will be available 24 hours a day, 7 days a week, except that infrastructure and Platform services are subject to scheduled interruptions for maintenance and/or testing, occasional delays, and issues inherent to the use of technologies, software, and systems.
12.2. Without prejudice to the above, technical and/or operational failures may occur that hinder or prevent your use of the Platform for any reason, including as a result of services provided by third parties and/or the protocols and network structures governing Cryptoassets and/or tokens, which may result, for example, in the non-performance of Operations, changes in the price of Cryptoassets and/or tokens, delays in the processing and execution of buy and/or sell orders placed by you, and/or eventual mismatches between execution and cancellation of orders.
13. Changes in Terms of Use
13.1. BLOCKBR commits to periodically review these Terms of Use to ensure compliance with regulations applicable to the services provided by BLOCKBR, notifying you when this occurs through the contact information provided by you. Any changes to these Terms of Use will take effect immediately upon publication.
14. Disclaimer of Liability
14.1. In addition to the limitations already included in these Terms of Use and applicable law, BLOCKBR will not be liable for any losses, including missed opportunities, material or immaterial damages, direct or indirect, losses, lost profits, compensation, and/or other damages of any nature that may be incurred by you (i) as a result of any Operation performed or not performed on the Platform; (ii) for the financial results arising from these Operations; (iii) for any technical and/or operational failure or unavailability that may occur on the Platform, including as a result of services provided by third parties and/or the protocols and network structures governing Cryptoassets and/or tokens, which may result, for example, in the non-performance of Operations, changes in the price of Cryptoassets and/or tokens, delays in the processing and execution of buy and/or sell orders placed by you, and/or eventual mismatches between execution and cancellation of orders, as set forth in item 12 above; (iv) for the results produced as a result of any type of external influence or the installation of malicious software on the equipment used by you, including, but not limited to, viruses, trojans, malware, worms, bots, backdoors, spyware, rootkits, or any other devices that may be created, as a result of your use of BLOCKBR; (v) for the interface of the Platform with any other third-party software or software owned/used by you; and (vi) for events defined in applicable law as force majeure or fortuitous events.
14.2. In addition to the responsibilities already assumed by you in these Terms of Use and provided for in the current legislation, you are responsible for (i) all acts or omissions carried out by you from your access to the Platform; (ii) all and any content uploaded, sent, and/or transmitted to the Platform by you or through the Platform; (iii) for compensating all and any losses and damages incurred by BLOCKBR, another user, or any third party that result from your activity on the Platform, including, without limitation, those resulting from the violation of any rights of other users or third parties, BLOCKBR's intellectual property rights, or the provisions of these Terms of Use and the Privacy Policy.
15. General Provisions
15.1. These Terms of Use shall remain in effect indefinitely.
15.2. To cancel your account, please send us a message at suporte@blockbr.com.br explaining the reason for closing the account and how we can improve your experience on our platform.
15.3. The updating of security protocols and transaction procedures does not imply tacit or express recognition that the previously used protocols were insufficient, but solely that BLOCKBR is updating its protocols in accordance with market demand and new technologies emerging in the field.
15.4. The tolerance of either party with respect to the demand for the regular fulfillment of the obligations of the other party will not constitute waiver, alteration, modification of any of the rights or obligations established under these Terms of Use and/or the Privacy Policy.
15.5. The invalidity or partial inapplicability of these Terms of Use will not affect the part that is not considered invalid or inapplicable.
15.6. These Terms of Use are governed by the laws of the Federative Republic of Brazil, with the jurisdiction of the Court of São Paulo/SP elected to settle any disputes arising from these Terms of Use.
15.7. The terms and conditions of these Terms of Use are integral and inseparable from it and are considered incorporated by reference.
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