Terms and Conditions

This document sets out the terms that apply when you (“User”, “you” or “your”) use  products, services, solutions and do business in general through the Token.com platform (“Platform”). 

1. WHO IS TOKEN.COM?

The Platform is owned and operated by TOKEN.COM LIMITED, a company headquartered in Tortola, at Craigmur Chambers, PO BOX 71 Road Town, British Virgin Islands, company number 2113145  (“Token.com”).

Token.com uses its service provider UAB Belela to provide digital currency to fiat exchange or vice versa and also provides wallets to store cryptocurrency. When a User uses fiat currency to purchase digital currency / cryptocurrency, or vice versa, you are transacting with UAB Belela under UAB Belela’s Terms and Conditions and Privacy Policy . UAB Belela is a company registered in Lithuania,  with its address at Architektu g. 56-101 Vilnius, 04111 Lithuania, company code 305982313.Thereafter, the User authorises UAB Belela to transfer your cryptocurrencies to Token.com as your cryptocurrency custodian. When you carry out cryptocurrency to cryptocurrency transactions, you are transacting with Token.com. 

2. USE OF THE PLATFORM

The Platform is intended for all persons over 18 years of age. If you, as a parent or legal guardian, become aware that your child or ward under the age of 18 (eighteen) has access to the Platform and its resources, you must contact us at dpo@token.com and request the deletion of the corresponding registration data.

During the registration on our Platform, you agree to these Terms of Use (“Terms of Use”), which establish the contractual relationship between you and Token.com. If you do not agree with our Terms of Use, please do not accept or continue your registration and do not use our Platform or any other services provided by Token. 

In addition to reading these Terms of Use, it is necessary that you read the Privacy Policy, available at https://www.token.com/privacy-policy/, and, if you have any questions, contact us at the email address -mail dpo@token.com.

From time to time, Token.com may make changes to these Terms of Use, for example, to reflect conditions regarding new features made available to Users on our Platform, to implement changes as a result of legislative changes or changes to Token.com 's business model, or even in case of a change in circumstances. In any case, you will be notified at least 30 days in advance and will have the opportunity to assess whether you wish to continue (or not) to use the services made available through our Platform. If you do not agree to the changes to our Terms of Use or wish to discontinue using our services, you must terminate your account. 

3. REGISTRATION 

3.1. 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, failing which your  account will be suspended or terminated and you will not be able to use the Platform.

3.2. The User must keep their  login details and password confidential and must not share this with anyone. The User is responsible for the use, custody, maintenance and secrecy of their  login details and password.

3.3. The User must change their login details and password when they become aware of any unauthorized use or any breach of security. The User must  report to Token.com any  unauthorized use and/or breach of security regarding their login details and/or password within 48 (forty-eight) working hours of becoming aware of this.

3.4. Token.com may use, at its sole discretion, the data entered on the Platform, provided that the information is anonymised and does not allow the User to be identified directly or indirectly.

3.5. 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.

3.6. 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.

3.7. 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.

3.8. Token.com may also deny the User's registration, suspend or cancel, at any time, their login, if any information presented appears to be irregular, insufficient or false. 

3.9. The User, when resident in Brazil, 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/.

3.10. The User may also be screened by other third parties such as SUM AND SUBSTANCE LTD, registered at 30 St. Mary Axe, London, EC3A 8BF, UNITED KINGDOM and SEON Technologies Kft., registered at Rákóczi út 42, 1072 Budapest, Hungary, and its affiliates.

4. SOLUTIONS OFFERED ON THE PLATFORM

4.1. Token.com, through its Platform, allows the User an easy way of accessing the universe of Decentralized Finance or DeFi, Web3 and tokenomics, through solutions developed and implemented by Token.com, which allow the User to acquire the following digital assets and/or monetize digital assets owned by you from the Platform, namely: (a) cryptocurrencies in general, in particular the so-called stablecoins; (b) non-fungible tokens (“NFT”);  (c) tokens issued by decentralized finance protocols (Decentralized Finance or DeFi) available on the Platform (“Protocols”); and (d) other blockchain-based tokens  (items (a) to (d) collectively referred to as the “Digital Assets”). 

4.2. After registering on the Platform, the User will be able to access information on   https://token.com and on the Platform, including the list of Digital Assets available on the Platform, the User's participation rules relating to Digital Assets, availability of Digital Assets or the value of the Digital Assets held by it.

4.3. If you wish to transfer financial resources to your Token.com account and, in this way, access the solutions available on the Platform, the User may make a transfer via payment methods available on the Platform through UAB Belela, including credit and debit cards, bank transfers, electronic money wallets, PIX (for Users outside Brazil), at the conversion rates for each Digital Asset, as set out in clause 5.1 below. Token.com may add or remove payment methods in its sole discretion.

4.4. The User understands and agrees that Token.com, at any time and in its sole discretion, may expand or reduce the number of Digital Assets made available through the Platform, as well as change the legal structure(s) relating to the Platform solutions that support such offers, so that it allows the User to achieve its objectives of acquisition and/or monetization of Digital Assets. In these cases, Token.com undertakes to communicate to the User effectively, clearly and objectively about the additions or changes made. In the event that the Digital Asset held by the User is no longer supported, Token.com will convert any such Digital Asset into another supported Digital Asset of Token.com’s choosing at the market rates. If this conversion is not possible, whether due to legal or regulatory restrictions, the lack of an available market, or otherwise, you may lose the value of such unsupported assets. 

4.5. Token.com helps Users to participate in the DeFi, Web3 and tokenomics universe, by making Digital Assets available for purchase by the User. Token.com will make available all proofs regarding the acquisition of Digital Assets.

4.6. The Platform is not part of the functioning and/or structuring of any Digital Asset, but rather provides an easy, agile and frictionless experience for Users to participate in DeFi, Web3 and tokenomics, either through: (a) acquisition of Digital Assets, including those issued by the Protocols;  or (b) other legal-contractual formats that may allow Users to monetize their Digital Assets.

4.7. The Digital Assets owned by Users that are in the custody of Token.com will be stored securely in accordance with Token.com’s information security policy, and the keys will be kept by Token.com and/or another company of its economic group or its service provider. 

4.8. 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.

4.9. Token.com may display advertising to the User about Digital Assets on the Platform.

4.10. When the User makes a deposit in your Token.com account, the User acknowledges that: 

4.10.1 as the amounts deposited will be converted into Digital Assets, the value of the deposit will be subject to the variation of the price of the respective Digital Assets, with the risk that you may suffer a loss of value in the amounts deposited. In this case, the risks will be borne exclusively by the User, as Token.com only provides the User with access to such Digital Assets and decentralized Protocols.

4.10.2 certain Digital Assets, whose value is stated to be linked to fiat currencies (stablecoins, for example, USD coin – “USDC”) may lack stability,  their value may fluctuate above or below the linked fiat currency or asset and the link to the fiat currency / asset and their value is not guaranteed.

4.11. By participating in the Platform, the User declares that he is aware that Token.com and the Platform do not have any control or influence over 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, and it is solely the User's responsibility to know each of the Digital Assets that you wish to acquire and Protocols in which you wish to participate.

4.12. However, Token.com may directly offer alternative business models to those presented in these Terms of Use on the Platform, in order to allow Users to acquire Digital Assets. The User must adhere to specific terms of use if such business models are substantially different from those presented in these Terms of Use, with regard to various elements that characterize them, such as ownership and custody of assets, possibility of movement, eventual associated risks, third-party service providers, remuneration of Token.com, criteria for redemption, among others.

4.13. 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), 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. The custody of Digital Assets through Token.com does not allow participation in governance.

4.14. The User acknowledges that the Protocols, due to their decentralized, autonomous nature, based on programming language, self-executing contracts and on governance decisions that can be changed, as highlighted in these Terms of Use, present risks that are not under the control or effort of a specific or determined group of individuals (changeable according to the participation held by such tokens at the time of a certain deliberation of the Protocol), which controls them.

4.15. Token.com is not responsible for such decisions and/or changes in the Protocols, which are not under its control or influence. However,  Token.com will, where  reasonably practicable, 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 publications will be for informational purposes only, and the User understands that you are fully responsibility for the decision to participate in one or more Protocols through the Platform.

4.16. 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.com 's partners. The User acknowledges and accepts the risks related to Digital Assets and Protocols, and any changes to their governance and rules.

4.17. The User acknowledges that the activities developed by Token.com on the Platform are limited, solely and exclusively, to allowing the User to participate in the DeFi universe ,Web3 and tokenomics as defined in these Terms of Use, and should not be understood as any form of recommendation for the acquisition of any assets, investments, or any other similar form; in particular, the User acknowledges that you are aware of the risks inherent and associated with the acquisition and maintenance of assets of this nature are and you take full responsibility for your decisions.

5. TOKEN.COM REMUNERATION.

5.1. For the service of making Digital Assets available on the Platform, as well as maintaining an  environment that allows their negotiation by Users, Token.com will charge the User  a percentage of the value of the Digital Assets acquired by each User through the Platform, and such remuneration will be integrated into the conversion rate of the Digital Assets and will be retained by Token.com in each of these transactions. The percentage charged is set out here. 

6. LIMITATIONS AND MODIFICATIONS OF THE PLATFORM SERVICE

6.1. 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.

6.2. Token.com reserves the right, at any time, to modify the functionality of the Platform, discontinue the partnership established with the banking institution for the execution of payments within the scope of the Platform, discontinue the provision of services or any existing function or resources, as well as adding new functions or features to existing services, in which case the new features will be automatically subject to the rules of these Terms of Use. Token.com is not responsible for the operation, proper functioning and maintenance of any platform other than the Platform, including in relation to Digital Assets and Protocols. 

6.3. Despite the regular efforts of the Token.com team to maintain the proper functioning of the Platform, Token.com cannot guarantee that the Platform will be free from errors or bugs and Token.com is also not responsible for any  devices used to access or interact with the Platform.

7. COMMUNICATION BETWEEN USER AND TOKEN.COM

7.1. Token.com will provide customer support service to the User, through the e-mail address help@token.com toclarify any doubts about the operation of the Platform, as well as 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.

7.2. 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.

7.3. It is the User's responsibility to keep their registration data updated, failing which you may not receive notifications or be contacted by Token.com.

7.4. Token.com is not  responsible 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.

8. RULES OF CONDUCT

8.1. The User is aware that you may 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 agree that such content or interactions may not:

(a) be defamatory, discriminatory, obscene, offensive, threatening, abusive, vexatious, harmful, contain expressions or incitement of hatred against certain people or groups, including on the basis of religion, race or sexual orientation, or incite moral or property damage;

(b) contain third-party copyright or content that, for any reason, infringes third-party rights;

(c) breach the privacy or the image rights of persons (including legal entities, entities and similar organizations);

(d) incite violence, criminality or any other type of offence; or

(e) be contrary to the law, good customs and public order.

8.2. In addition, the following actions are expressly prohibited as they constitute an abuse of the Platform:

(a) providing your login to access the Platform and/or allowing minors to access the Platform without the authorization of their parents and/or guardians;

(b) using 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, or Users of the Platform;

(d) using the Platform to violate any legal rights of partners and/or third parties, obtaining or collecting any information, whether personally identifiable or not, whether from Users (or not), partners or service providers of Token.com;

(e) modifying, adapting, converting or reverse engineering, decompiling or disassembling any part of the Platform's source code, whether on its front-end or back-end; 

(f) using 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) stating the existence of any affiliation with Token.com or the Platform or otherwise expressing opinions, endorsing or encouraging any practices, products or services on the Platform.

(h) Using bots or other technological software to conduct trading activities;

(i) Trading in a manner that manipulates the price of the token;

(j) Opening multiple accounts for the same individual.

8.3. Token.com may, at its sole discretion, in case of suspected fraud or violation of these Terms of Use, suspend or terminate the access of the User, temporarily or permanently, or even limit the use of certain features of the Platform.

9. SYSTEM OR DATABASE BREACH

9.1. 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.

9.2. 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.

9.3. The User will be liable for any attempt or activity that violates or contravenes applicable laws, intellectual property rights and/or the prohibitions stipulated in these Terms of Use.

10. LICENSE, CONTENT AND INTELLECTUAL PROPERTY RIGHTS

10.1. By registering on the Platform, Token.com grants the User a personal, revocable, limited, non-exclusive, non-transferable license to use the Platform for personal purposes.

10.2. 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.

11. TERMS OF USE VALIDITY

11.1. These Terms of Use will remain in force while the Platform is active and in operation, even if temporarily unavailable.

11.2. Token may, at any time, terminate the existing relationship with the User in the following cases:

(a) if the User has violated any provision of these Terms of Use or acts in a way that shows that it does not intend or cannot fulfill its obligations established herein;

(b) if Token.com is required to do so by law, court order, or determination of a competent government agency; and

(c) if Token.com decides to terminate the Platform, in whole or in part.

11.3. Termination or expiration of these Terms of Use will not affect: (a) the rights, obligations and responsibilities that either party has accrued prior to termination or expiration; or (b) any terms which by their nature survive termination or expiration.

11.4. Token.com may, in its sole discretion 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 parties.

11.5. If the Platform is discontinued, 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.

12. DISCLAIMER OF WARRANTIES AND LIABILITY. 

12.1. Token.com will not be liable for indirect, incidental, special, punitive or consequential damages, loss of actual or anticipated profits, loss of data, moral or property damages.

12.2. Token.com will not be liable for any use of the Platform in violation of these Terms of Use, for the User's inability to access the Platform and use the services offered, or for any result of any interaction of the User with other Users.

12.3. 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.

12.4. Notwithstanding any other provisions, the limitations of liability and disclaimer of warranties contained in these Terms of Use are not intended to limit: (a) any consumer rights, any loss or damage which under applicable law, cannot be limited or changed; (b) fraudulent misrepresentation; or (c) death or personal injury caused by negligence .

12.5. 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.

12.6. Token.com disclaims all liability for any losses, damages and losses of any nature arising from the lack of availability or continuity of operation of the Platform, for services offered by third parties or business partners, or any conduct or violations of these Terms of Use. User is not entitled to any compensation for termination of the User's activities or account, for any reason.

12.7. Token.com will not be responsible for any damage that may be suffered by the User due to the incompatibility of the Platform or Token.com’s services with User’s device or its operating system,  insufficient memory, any failures related to User’s device's characteristics, functionalities or security flaws or User's electronic data. 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.

12.8. Token.com does not manage, own, control, or administer the Protocols and networks that govern the Protocols, any Digital Assets associated or not with such Protocols available on the Platform, or for the blockchains on which such Digital Assets operate. Accordingly, Token.com,  its partners and service providers are not responsible for acts that are not their responsibility, including those related to the management, development, maintenance, operation, security or control of the Protocols, Digital Assets, networks, nodes, codes and any other open source elements that are used for the solutions available on the Platform.

13. USER’S RESPONSIBILITY FOR RISKS.

13.1. Token.com only acts as a channel for Users to access Digital Assets and Protocols and, under no circumstances, manages Users' assets, analyses or makes suggestions to  Users in relation to their assets. Users acknowledge and agree that you take full responsibility for understanding the risks inherent in dealing with Digital Assets and Protocols, you are aware of the potential instability in value of such assets and that their value may go up as well as down. You should not buy Digital Assets or Protocols unless you are prepared to sustain a total loss of the money you have invested, plus any commission or other transaction charges.

14. INDEMNIFICATION

14.1. By using the Platform, the User agrees to indemnify and hold Token.com, its directors, employees and agents harmless from all claims regarding charges, losses, liabilities arising from the misuse of the Platform or from non-compliance or breach of any provision of these Terms of Use.

15. GENERAL PROVISIONS

15.1. 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.

15.2. If any provision of these Terms of Use is declared invalid or unenforceable as a result of a court decision or administrative authority, all other provisions will remain in full force.

15.3 These Terms of Use and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation will be governed by and construed in accordance with the law of the British Virgin Islands. Each party irrevocably agrees that the courts of the British Virgin Islands shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms of Use or its subject matter or formation.

15.4. The User is responsible for obtaining access to the data network, which is necessary to use the services, as well as for paying the fees and charges charged by the network operator for the use of the data network..

15.5 Neither party will be responsible for delay in performing, or failure to perform, any of its obligations under these Terms of Use if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the time for performance will be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.

15.6. These Terms of Use constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party acknowledges that in entering into this agreement it does not rely on, and will have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms of Use.

15.7 No failure or delay by a party to exercise any right or remedy provided under these Terms of Use or by law will constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.

15.8. Any words following the words including, include, in particular, for example or any similar expression will be construed as illustrative and will not limit the sense of the words preceding those words.

15.9. For more information, please contact us at help@token.como