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 LIMITED, company headquartered in the city of Tortola, at Craigmur Chambers, PO BOX 71 Road Town, British Virgin Islands, company number 2113145 (“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 dpo.br@token.com and request the deletion of the corresponding registration data.
By registering on our Platform, you (“User”) agree to these Terms of Use and General Conditions (“Terms of Use”), which establish the contractual relationship between you and Token.com, prepared in accordance with applicable law. , mainly with Law No. 13,709/2018 (“LGPD” - General Data Protection Law). If you do not agree with the terms of our Terms of Use, please do not continue your registration and do not use our Platform or any other services provided by Token.com.
In addition to reading these Terms of Use, it is necessary that you read the Privacy Policy, available at https://www.token.com/politica-de-privacidade, and, if you have any questions, contact us at the email address -mail dpo.br@token.com.
From time to time, Token.com may make changes to these Terms of Use, whether to reflect conditions regarding new features made available to Users on our Platform, implement changes as a result of legislative changes, to Token.com's business model, or even in case of eventual intercurrences foreseen or not in these Terms of Use. In any case, you will be notified 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 such changes are material, at Token.com's discretion. If you do not wish to continue using our services, you must terminate your account.
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.
1.3. The User understands and agrees that the data provided may be shared, in a non-anonymized way, with partners, service providers contracted by Token.com and with the partner financial institution, responsible for making payments through the Platform, as applicable, in the form provided for in the Privacy Policy. Personal data are as follows: (a) full name; (b) date of birth; (iii) CPF number; (iv) email address; (vi) nationality, (vii) photo of the User and, in some cases (viii) income tax return. Token.com and any of its partners may, at their sole discretion, request additional documents in order to prevent fraud, as well as assess the economic-financial capacity and origin of financial resources of certain Users of the Platform.
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 dpo.br@token.com.
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 dpo.br@token.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/.
3.1. 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.
3.1.3. Notwithstanding the solutions offered on the Platform at the time the User accepts these Terms of Use, 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 and Protocols made available through the Platform, as well as change the legal structure(s) contractual(s) referring 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 the latter case, through access to certain Protocols by the User and/or Lease by Token.com of Digital Assets held by the User, as detailed in item 3.5 below. In these cases, Token.com undertakes (a) to communicate the User effectively, clearly and objectively about the additions or changes made and (b) that such changes are reasonable and do not bring negative consequences to Users with regard to the your participation in the DeFi, Web3 and tokenomics universe, always at Token.com's discretion.
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.
3.6.1. However, Token.com may directly suggest alternative business models to those presented in these Terms of Use on the Platform, in order to allow Users to benefit from the Platform to achieve their goals of acquiring and/or monetizing Digital Assets, always in an easy way. , agile and frictionless, and with the maximum possible safety. The User must adhere to specific terms of acceptance if such business models are substantially different from those presented in these Terms of Use, at Token.com's discretion, 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.
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.
3.7.1. The User acknowledges that theProtocols, 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.
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.
3.9. The User acknowledges that the activities developed by Token.com on the Platform are limited, solely and exclusively, to helping the User to participate in the DeFi universe ,Web3 and tokenomics as defined in these Terms of Use, and should not be understood, any, as any form of recommendation for the acquisition of any assets, investments, or any other similar form, since the risks inherent and associated with the acquisition and maintenance of assets of this nature are and/or must be the User's full knowledge and responsibility.
3.10. Token.com uses third parties to provide part of the Platform Solutions. Users resident in Brazil will interact with:
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 and,
UAB BELELA, limited liability company headquartered in the city of Vilnius, at Architektų g. 56-101, Lithuania, company number 305982313 registered as Virtual Asset Exchange and Custodian (UAB Belela).
Users resident outside Brazil will only interact with UAB Belela.
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= [v*(1+i)^t]*(TCV/TCC)
where:
(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)
where:
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= [s*(1+i)^t]*(TCV/TCC)
where:
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.
5.2. 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 necessary and 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, but not limited to, in relation to Digital Assets and Protocols, as provided for in these Terms of Use.
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.
6.1. Token.com undertakes to provide service to the User, through the e-mail address meajuda@token.com 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.
6.3. It is the User's responsibility to keep their registration data updated, under penalty of not being able to be contacted by Token.com, in addition to the penalties provided for in these Terms of Use.
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.
7.1. 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;
(b) Token.com;
(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.
7.3. Token.com may, at its sole discretion, in case of suspected fraud or violation of these Terms of Use in the use of the Platform, interrupt and/or exclude the access of the responsible User, temporarily or permanently, or even limit the use of certain features of the Platform.
7.4. Failure to comply with or non-compliance with any provisions included in these Terms of Use may result in the interruption of access to the Platform or the suspension of its functionalities to those who cause or benefit from such non-compliance, directly or indirectly, without prejudice to the applicable penalties in the form current legislation and those established in these Terms of Use.
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.
8.3. Any invasion, attempt or activity that violates or contravenes the laws of intellectual property rights and/or the prohibitions stipulated in these Terms of Use will make the User liable for the relevant legal actions, as well as the sanctions provided herein, being also responsible for the payment of compensation for damages caused, in accordance with applicable law.
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.
10.1. These Terms of Use will remain in force while the Platform is active and in operation, even if temporarily unavailable.
10.2. Token.com 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, without the need for any justification or prior notice;
(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.
10.3. When these Terms of Use are terminated, the rights, obligations and responsibilities that the User has assumed during their term, or that expressly must continue in force, will not be affected by the termination of these Terms of Use and will continue to apply indefinitely.
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.
11.1. 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.
11.2. Token.com will not be liable for the 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 by Token.com or Token.com's partners or for any result of any interaction of the User with other Users, regardless of the liability of Token.com for any type of information or prior claim with respect to any User, whose actions cannot be attributed to Token.com.
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.
11.4. The limitations of liability and disclaimer of warranties contained in these Terms of Use are not intended to limit consumer responsibilities or rights which, under applicable law, cannot be limited or changed.
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.
11.6. Token.com disclaims any and all liability for any losses, damages and losses of any nature arising from the lack of availability and continuity of operation of the Platform, for services offered by third parties or business partners of any conduct or violations of these Terms of Use. Use or termination of the User's activities or account, for any reason, and the User is not entitled to any compensation in this area.
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.
12.1. 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.
12.2. The User who rejects the taking of Emergency Measures by Token.com within the period established in the respective communication may carry out the redemption of the Digital Assets covered by the Emergency Measures, observing the repurchase formulas provided for in item 4 of these Terms of Use, or have right to receive amounts arising from Lease(s) that are due and have not been paid by Token.com to the User.
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.
12.4. Token.com is not responsible for any loss or damage suffered by Users as a result of Emergency Measures, except to the extent provided in these Terms of Use. Likewise, Token.com is not responsible for any losses or damages suffered by Users due to their delay in authorizing and/or rejecting the adoption of Emergency Measures, including in the case of impossibility of contacting the User by communication channels provided by the User, who is responsible for keeping his/her registration data with Token.com always updated.
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.
13.1. By using the Platform, the User agrees to indemnify and hold Token.com, its directors, directors, employees and agents harmless for 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.
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.
14.3. 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.
14.4. By using the Platform, the User declares that he has read and agrees with all the terms and conditions of these Terms of Use and the Privacy Policy, which are governed and interpreted in accordance with the Laws of the British Virgin Islands.
14.5. Upon acceptance and use of the Platform, the parties elect the Eastern Caribbean Supreme Court (ECSC), based in St. Lucia, 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 meajuda@token.com.
