Last updated: September 08, 2025
These Terms of Use ("Terms") are entered into between You, the user ("You", "Your" or "User") and Oobit Tecnologia LTDA, CNPJ 61.020.917/0001-42, headquartered at Avenida Paulista, 91, 9th floor, Room 01, Suite 901 ("Oobit", "We", "Our" or "Us").
The Terms govern the use of Oobit's services provided to You through the App, website, API, or any other Oobit medium (collectively, the "App"). The App allows users to (i) make payments with cryptoassets for purchases of goods and services via the "Tap to Pay" service, (ii) make peer-to-peer payments to friends via the "Pay Friends" service, (iii) deposit, withdraw, buy, hold, and convert cryptoassets, and (iv) perform any other activities based on other functionalities that Oobit may add to the App from time to time (collectively, the "Services").
By clicking "I Agree", accessing the App, or using any or all of the Services, You agree that You have read, understood, and agree to be bound by these Terms. If You do not agree to be bound by these Terms, You may not access or use the Services.
When updated, a copy of the most current version of these Terms will be made available on our website at any time.
You acknowledge that Your use of the Services is subject to, and that we will collect, use, and/or disclose Your information (including any personal data You provide to us or that we may acquire) in accordance with our Privacy Notice. We use strictly necessary cookies to operate the App, to which You agree by using the App.
You have rights regarding Your personal data, including access, correction, deletion, objection, portability, restriction, and the right to withdraw consent, where applicable. Please refer to the Oobit Privacy Notice at https://www.oobit.com/legal/privacy-notice for information on how we collect, use, and disclose information from our users (including any international transfers) of the App.
We may modify the Terms, provided that users are notified a few days in advance via email, in-App notification, or other direct communication mechanism. The updated Terms will come into effect only after this notice period. When modified, the Terms will become effective at the time they are posted on our website but will not apply retroactively. It is important that You review the Terms whenever we modify them, because if You continue to use the Services and/or App after we have modified the Terms, You agree to be bound by the modified Terms. If You do not agree to be bound by the modified Terms, You must stop using the Services and close Your Oobit account, without any penalty or charge. Continued use of the Services and/or App will constitute Your affirmative acknowledgment regarding the changes and will be deemed as acceptance of the modified Terms.
3.1 You may use the Services if: (A) You are at least 18 (eighteen) years of age or older to enter into contractual agreements in accordance with the laws of Your country of residence (whichever is greater); (B) You are fully capable of exercising rights and duties; (C) You reside in a country where the relevant Services are accessible; and (D) You are not barred from using the Services under applicable law.
3.2 The App may be used on a mobile device or tablet with an Android or iOS operating system, from which You can access the Internet. Some of our Services are available only in relation to compatible devices — You can find a list of compatible devices at https://www.oobit.com/faq.
3.3 - 3.4 [Reserved/Not included in source text]
3.5 To use the Services, You must create an account with Oobit through the App. You will need to provide Your details (including Your name, email address, and a password) and complete certain verification procedures. Each user may register for only one Oobit account and must not share their account with anyone else.
You agree to provide us (or third parties acting on our behalf) with the information we request (which we may request during Your account registration or at any time deemed necessary) for the purposes of identity verification, provision of Services, and prevention of money laundering, terrorist financing, fraud, or any other financial crime, and permit us to maintain a record of such information. This information may include Your date of birth, address, and other information to allow us to reasonably identify You. We may also require that You confirm Your email address and phone number. You authorize us, directly or through third parties, to make any inquiries we consider necessary to verify Your identity, including checking Your information against third-party databases or through other sources. In some cases, we may be required to perform Enhanced Due Diligence, which means we may request employment information, proof of funds, and source of wealth, in accordance with applicable law requirements.
You are fully responsible for all activities that occur on Your account or that may be performed using Your account credentials, regardless of whether You know about them or not.
3.6 We reserve the right to suspend or terminate Your account if You provide inaccurate, false, or incomplete information, or if You fail to comply with account registration requirements or these Terms. You undertake to notify us immediately in writing if any of the information You provide to us regarding the creation of Your account and identification verification becomes false, inaccurate, or incomplete, and to provide us with any additional information required by us in accordance with applicable law.
3.7 As a condition of using the Services or accessing the App, You represent and warrant that: (A) You will use the Services only for Yourself for Your personal use and not on behalf of third parties or for any commercial use; (B) the information You provide regarding account creation and identification verification is true, accurate, complete, and current; (C) You meet the eligibility criteria set forth in clause 3.1; (D) Your use and access to the Services and the App will not violate any applicable law in Your respective jurisdiction, these Terms, or the rights of third parties; and (E) You have sufficient knowledge, market mastery, professional advice, and experience to make Your own assessment of the merits and risks of any Service transaction entered into on the App.
4.1 By using the Services or accessing the App, You must not and must not attempt to, and must not allow third parties to, directly or indirectly: (A) take any action that may or is likely to violate applicable law, or that involves the proceeds of any illegal activity; (B) do anything that violates these Terms; (C) - (G) [Reserved/Not included in source text] (H) take any action that may impose an unreasonable or disproportionately large load on Oobit's infrastructure or harm the application or that exceeds any fair use limits, as determined by us; (I) engage in any form of data mining, indexing, scraping, harvesting or otherwise, or use any robot, spider, or scraper with respect to the App, the Services, or any other related product, program, or system; (J) misuse any reporting, flagging, complaint, or dispute resolution process, including making groundless, vexatious, or frivolous submissions; (K) harm, violate, or circumvent any security or authentication measures, or use a stolen card, compromised bank account, or compromised Oobit account; (L) decompile, decode, reverse engineer, disassemble, or attempt to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms relevant to the Services or App; (M) reproduce, modify, capture, transfer, publish, translate, redistribute, license, sell, or exploit for any purpose, adapt, alter, or create derivative works of the Services or the App or any communications from us regarding the Services or the App; (N) interfere with, intercept, or disrupt any user, host, network, system, data, or the application, or attempt to gain unauthorized access to our computer systems, networks or sites or other user accounts, computer systems, or networks connected to us, by any means; (O) introduce, use, or attempt to use any virus, malware, or any other computer code, files, programs, software, routine, or device designed to interrupt, destroy, or limit the functionality or proper working of the Services or the App, including engaging in, instigating, or facilitating any denial-of-service attack or similar conduct, or attempting to probe, scan, test the vulnerability, or breach the security of any system or network; (P) sublicense, sell, rent, lease, transfer, distribute, or use the Services for time-sharing or service bureau purposes or otherwise for the benefit of third parties; (Q) send unsolicited communications, promotions, or advertisements, or spam, or altered, deceptive, or false source-identifying information, including "spoofing" or "phishing"; (R) abuse referrals or promotions; (S) take any action to infringe any legal rights of Oobit or third parties (including privacy, publicity, intellectual property, or other proprietary rights), or use any intellectual property rights in a manner that implies endorsement or affiliation with Oobit without our express authorization, or in a manner that otherwise harms Oobit or third parties; (T) impersonate any person or entity, disguise Your location via IP proxy or other methods, or take any action to defraud us, our users, or anyone else, or provide any false, inaccurate, or misleading information to us; (U) do anything illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that is illegal or inappropriate, including the promotion of violent crimes; (V) solicit money, passwords, or personal information from anyone; (W) use the Services or access the App for benchmarking purposes, as a competitor; or (X) engage in any conduct that restricts or inhibits the use or enjoyment of the App or Services by any user, or that (as determined by us in our sole discretion) may harm Oobit or expose Oobit or other users to potential liabilities.
4.2 - 4.3 [Reserved/Not included in source text]
4.4 Although we explicitly prohibit the conduct above, You may, despite our best efforts, be exposed to such conduct and content. Your use of the Services and the App is entirely at Your own risk. You may not download the App or use the Services if (1) You are (now or in the future) within, under the control of, or are a national or resident of Russia, Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo, UN Security Council Resolutions ("UNSCR"), HM Treasury financial sanctions regime, or if You are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List, or Entity List, HM Treasury financial sanctions regime, including as any of the foregoing may be updated or amended from time to time; or (2) You now or in the future intend to supply any Services to Russia, Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo or UK Treasury financial sanctions regime (or a national or resident of one of these countries), or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury financial sanctions regime, including as any of the foregoing may be updated or amended from time to time.
5.1 Currently, creating an account with Oobit and accessing the App are free.
5.2 The use of some of our Services will incur fees. The full list of fees we charge for the use of our Services is defined at https://oobit.com/faq. We will disclose the value of the fees we will charge for the applicable Service at the time You access the Service. We will charge the applicable fees to You when You make a transaction that incurs fees for a Service via the App.
5.3 Our fee list does not include any network or transaction fees charged externally when You send cryptoassets from an external wallet to Your Oobit account or when You send cryptoassets from Your Oobit account to an external wallet.
5.4 - 5.5 We reserve the right to change our fees if we deem it necessary, at our sole discretion, and we will do our best to warn You at least 30 days in advance of such change, except where the change is due to legal or regulatory changes (in which case we may implement the change immediately without prior notice). If You fail to make any payment due to us under these Terms by the payment due date, then, without limiting our other remedies under these Terms, You shall pay interest on the overdue amount at the rate of 4% per annum above the Bank of England base rate from time to time. Such interest shall accrue daily from the due date until actual payment of the overdue amount, whether before or after judgment. You must pay the interest together with the overdue amount.
5.6 All amounts due under these Terms by You to us shall be paid in full without any set-off, counterclaim, deduction, or withholding (except any deduction or withholding of tax as required by law). Without prejudice to any right of set-off under applicable law, You acknowledge and agree that Oobit may set off all amounts of any nature, denominated in any cryptoasset or currency or otherwise and wherever arising, that are due by You or to You in relation to the Services.
6.1 - 6.2 It is Your responsibility to determine what taxes, if any, arise from transactions using the Services, and all tax obligations and any other costs and expenses associated with Your use of the Services not specifically provided for in these Terms are Your sole responsibility. You are solely responsible for declaring and paying any applicable taxes arising from transactions using the Services and acknowledge that Oobit does not provide investment, legal, or tax advice governing the Services. We will withhold or add applicable taxes to Your transactions or to payments or distributions made or deemed made to You to the extent such withholding or addition is required by applicable law. From time to time, we may request tax documentation as required by applicable law, and any failure by You to comply with such request within the identified timeframe may result in withholding and/or remittance of taxes to a tax authority, as required by applicable law. You should conduct Your own due diligence and consult Your own tax advisors before making any decision regarding the Services.
6.3 Third Parties The Services and the App contain links to third-party services ("Third-Party Materials"). To the extent we provide access to Third-Party Materials, this is merely a convenience, and we have no control over their content, do not warrant or endorse, and are not responsible for the availability or legitimacy of the content, products, or services on or accessible from those Third-Party Materials (including any related websites, applications, resources, or crypto links displayed therein). We make no warranties or representations, express or implied, regarding any linked Third-Party Materials, the third parties by whom they are owned and operated, the information contained therein, or the suitability of their products or services. You acknowledge sole responsibility and assume all risks arising from the use of any third-party websites, applications, or resources. Your use of Third-Party Materials may be subject to Your acceptance and compliance with separate terms and conditions with such third parties, to which Oobit is not a party. You must ensure that You understand and agree to all terms and conditions governing Third-Party Materials before using them. Your use of Third-Party Materials constitutes Your unconditional acceptance of any third-party terms and conditions associated with those Third-Party Materials, which may be updated from time to time.
6.4 Use of Services via Regulated Partner By registering on the Platform and accepting these Terms of Use, You agree to: (i) the creation of an account at Oobit in the user's name; and (ii) the provision of Services by Oobit in partnership with POMELO INSTITUIÇÃO DE PAGAMENTO LTDA., a financial institution supervised by the Central Bank of Brazil (BCB), registered under CNPJ No. 44.128.548/0001-97 ("Current Partner"), which provides the Banking-as-a-Service (BaaS) infrastructure contracted by Oobit.
6.5 Should the Current Partner cease to provide services to Oobit, Oobit will enter into a new operational partnership with another institution holding the necessary regulatory authorizations, in accordance with BCB Resolution No. 80/2021 and other applicable laws and regulations, so that the Services described in these Terms of Use may continue uninterrupted ("New Partner"; collectively referred to as "Partner"). In the event of migration of the Services described in these Terms of Use to a New Partner, the User hereby expressly authorizes the opening of a bank account in their name and the enabling of fiat currency conversion to cryptocurrency with the New Partner, provided that the User is informed of such change at least 30 (thirty) days in advance. The user acknowledges and agrees that all data provided to Oobit and/or the Partner, as applicable, for the purposes of opening and maintaining their account, may be shared and used by the Partner exclusively for the fulfillment of the contractual relationship with Oobit and for compliance with applicable regulatory obligations, always in accordance with data protection and information security laws. The Partner may, at any time, request additional information for legal and regulatory purposes.
7.1 The App allows users to access the Services and there are specific terms that apply to certain Services, as set forth in this clause 7. Some of our Services may or may not be available to You, depending on Your location and other criteria.
7.2 Our Services are available only in connection with cryptoassets that we support, and we support different types of cryptoassets in relation to different Services. The list of cryptoassets we support regarding each of our Services is available at https://www.oobit.com/faq and may be updated by us from time to time. We may, at our sole discretion, terminate our support for any cryptoasset. We will notify You via the App if the list of cryptoassets we support changes. You must not attempt to use the Services in relation to any unsupported cryptoassets and we will have no responsibility or liability regarding such transactions.
7.3 You acknowledge that Oobit does not provide investment, legal, or tax advice governing or in relation to the Services.
7.4 If we reverse a payment You made to a recipient (whether initiated by You or otherwise), You agree that we have the right to assume Your rights against the recipient and third parties related to the payment. We may exercise these rights directly or on Your behalf, at our discretion.
7.5 - 7.8 [Reserved/Not included in source text]
7.9 Deposits When using our App, You may receive cryptoassets from external wallets and deposit them into Your account. By doing so, You agree to comply with all applicable laws and regulations regarding the origin and legality of the deposited cryptoassets and represent and warrant that the cryptoassets do not originate from illegal activities, money laundering, terrorist financing, or any illegal sources. We reserve the right to verify the origin of any cryptoassets deposited into Your account and may take appropriate measures, including freezing or blocking funds, if we suspect any violation of these Terms or applicable law.
Tap to Pay You may purchase goods and services from third parties using cryptoassets held in Your account via the Tap to Pay Service. The purchase will be facilitated by third parties via the app and may be subject to the third party's terms and conditions, and additional fees charged by the third party may apply (if so, they will be detailed at the time of purchase). You must have sufficient cryptoassets in Your account to make the purchase. If You request a refund from third parties and Your request is accepted, or if Your payment to third parties is reversed, we will deposit into Your account an amount of stablecoin cryptoassets (of a type chosen by us at our sole discretion) that is equivalent to the value of the purchase You made.
Pay Friends Our Pay Friends service allows users to make hassle-free peer-to-peer cryptoasset transfers between Oobit users and external contacts. To use this Service, You will need to ensure that, on the device to which You downloaded the App, You have granted the App the necessary permissions to access Your contacts, camera, notification services, NFC component, and phone state components.
7.10 To initiate a transfer through the Pay Friends Service, select the 'Pay' button in the App and choose to transfer (1) to a phone number or (2) to a contact from Your phone's contact list. If You choose the first option, You must enter a valid phone number for the person to whom You wish to transfer the cryptoassets (the "Recipient"). You must have sufficient cryptoassets in Your account to make the transfer. Once You submit the transfer request, You cannot cancel or withdraw it, so please ensure that the details provided about the Recipient are up-to-date and accurate. You are fully responsible for the details You provide to us and we accept no liability for Your cryptoassets if the details provided are incorrect.
7.11 The Recipient will receive a message from Oobit once You initiate the transfer and must confirm the transfer within 72 (seventy-two) hours for the transfer to be completed. Recipients will also need to download the App, complete the account registration process, and pass the onboarding identification verification process to receive cryptoassets. Once the Recipient confirms the transfer, the cryptoassets chosen to be transferred by the user who initiated the transfer will be immediately transferred. If the Recipient does not respond to the transfer notification in time, the transfer request will be voided and users will need to initiate a new transfer.
7.12 If You receive a message accepting a transfer of cryptoassets, You must ensure that You recognize the name and phone number of the user sending the request. You must verify this information carefully before accepting the transfer. If You have any doubts about the identity of the user sending the request, decline it.
7.13 The minimum amount You can transfer using the Pay Friends service is US$ 0.01 and there is no maximum limit for transfers that users can make. Oobit reserves the right to change these limits from time to time and without prior notice.
Withdrawals
7.14 In addition to using the Tap to Pay or Pay Friends Services, You may transfer cryptoassets from Your account by making a withdrawal from Your account to a destination wallet chosen by You. You must have sufficient cryptoassets in Your account to make the withdrawal. You are fully responsible for the wallet details You provide to us and we accept no liability for Your cryptoassets if the details provided are incorrect.
7.15 If You make a withdrawal of cryptoassets from Your account, it may be necessary for You to provide us with additional information and/or documentation to verify the destination wallet. This information allows us to review the outbound wallet address to comply with our legal obligations, primarily regarding money laundering, terrorist financing, and other illegal activities. Our review may result in: (A) the withdrawal being delayed, blocked, or canceled; (B) the cryptoassets being withdrawn being held by us; (C) limitation, suspension, or termination of the account; (D) cryptoassets seized for compliance with a court order, warrant, or other legal process; and/or (E) cryptoassets You previously received being reversed (i.e., sent back to the sender or to the card or bank account that was used to fund the purchase of cryptoassets).
Purchase / Conversion of Cryptoassets
7.16 You may add cryptoassets to Your account by purchasing them via bank transfer or using a payment card. Alternatively, (where supported by Oobit in relation to that cryptoasset), You may convert cryptoassets You hold in Your account into different types of cryptoassets by selecting a cryptoasset You hold in Your account to use as payment to purchase different types of cryptoassets (You must have sufficient cryptoassets of that type in Your account to make the conversion).
7.17 In each case, the purchase will be facilitated by third parties through the App and may be subject to the third party's terms and conditions, and additional fees charged by the third party may apply (if so, they will be detailed at the time of purchase).
7.18 We will make reasonable efforts to fulfill all cryptoasset purchases, but if we are unable to, we will notify You and seek Your approval to retry the purchase at the prevailing exchange rate for that cryptoasset.
Custody
7.19 All cryptoassets You hold in Your account are assets held by Oobit for Your benefit on a custodial basis.
7.20 Title to the cryptoassets in Your account will always remain with You and will not be transferred to Oobit, except where otherwise stated in these Terms. As the owner of cryptoassets in Your account, You will bear all risks of loss of such cryptoassets. None of the cryptoassets in Your account are property of Oobit. Oobit does not represent or treat the assets in Your account as belonging to Oobit.
7.21 You control the cryptoassets held in Your account. At any time, subject to outages, downtime, court order, these Terms and/or other applicable policies, You may withdraw Your cryptoassets by making a withdrawal or using the Tap to Pay or Pay Friends Services.
7.22 Oobit has no obligation to issue any replacement cryptoassets in the event any cryptoasset, password, or private key is lost, stolen, malfunctioning, destroyed, or inaccessible.
7.23 You acknowledge and agree that we may hold the cryptoassets in Your account in many different ways, including on various blockchain protocols or in shared blockchain addresses controlled by us or our affiliates. You agree that all forms of the same cryptoassets that are held and made available on various blockchain protocols may be treated as fungible and equivalent to one another, regardless of (a) whether any form of such cryptoasset is wrapped or (b) the blockchain protocol on which any form of such cryptoasset is stored.
8.1 For the purposes of these Terms, "Content" means any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or made available through the Services or the App.
8.2 Oobit and its licensors exclusively own all right, title, and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other assets protected by intellectual property and other laws. You agree not to remove, alter, or obscure any intellectual property assets, including but not limited to copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content.
8.3 Subject to Your compliance with these Terms, we grant You a limited, non-exclusive, non-transferable, and non-sublicensable license to download, view, copy, display, and print the Content solely in connection with Your permitted personal and non-commercial use of the Services.
8.4 The App and Services are owned by Oobit and its licensors and must not be used other than strictly in accordance with these Terms. Oobit grants You a limited, non-exclusive, non-transferable, and non-sublicensable right to use the App for the purpose of accessing and using the Services in accordance with these Terms.
8.5 You must not (and must not attempt to) copy or reproduce any trademarks, service marks, logos, or registered trademarks posted or displayed on the App or Services, or use our company name or trademarks in any manner capable of misrepresenting the relationship between You and us.
9.1 You must keep confidential and secure all information that is disclosed by us to You or received by You, and that is marked as confidential or reasonably considered confidential. Confidential information shall include information accessed through the App or use of the Services.
9.2 Confidential information shall not include information that: (a) is legally known to You prior to the date of disclosure by us; (b) becomes publicly known through no act or fault of Yours; (c) is received by You from third parties without any breach of confidentiality by them; or (d) is independently developed by You, without reference to or knowledge of the confidential information.
9.3 You must not: (A) use, reproduce, or allocate the confidential information in any manner or for any other purpose, except as contemplated by these Terms; (B) engage in reverse engineering, disassembly, or decompilation of any confidential information, nor authorize third parties to participate in reverse engineering; or (C) obtain any commercial benefit from the confidential information, except as contemplated by these Terms.
9.4 We shall remain the sole owners of our confidential information. Except as expressly set forth herein, nothing in these Terms or the relationship between the parties shall grant You any rights or interests in the confidential information and no implied license is granted by these Terms.
9.5 The confidentiality obligations set forth in this clause 9 apply during the course of cooperation between us and You and shall continue to exist for a period of three years from the termination of Your account. Nothing in this clause 9 shall prevent You from disclosing confidential information to the extent required by applicable law or to Your professional advisors.
10.1 We implement appropriate technical and organizational safeguards to protect against unauthorized or unlawful processing of data and against accidental or unlawful destruction, loss, alteration, disclosure, or unauthorized access to data, which includes Your personal information. Please be advised, however, that we cannot fully eliminate security risks associated with data storage and transmission. Furthermore, when using the App, data may be transmitted over an open network, which may allow communications to be intercepted by third parties. As a result, we cannot guarantee the confidentiality of any communication or data that You may transmit to us via the App.
10.2 By using the Services and the App, You acknowledge these limitations and agree that we may communicate with You electronically, including via notice on our website, regarding security, privacy, and administrative issues related to the use of the Services and the App. We may post a notice via our website if a security breach occurs or send an email to the email address You have provided to us in these circumstances, including if You have the legal right to receive notice of any breach based on where You live.
10.3 You are responsible for implementing adequate security measures regarding Your access to the App and for maintaining proper security and control of any and all account IDs, passwords, personal identification numbers, or any other codes You use to access Your account. You must not share this login or account security information with anyone. You must notify us immediately by email at compliance@oobit.com if You discover or suspect any unauthorized access or use of Your account, or any other security breach that may compromise Your account.
11.1 The App and Services are provided "as is" and "as available", without other promises made by us regarding availability, integrity, security, reliability, quality, accuracy, or fitness for purpose. Specifically, we make no implied warranty of title, merchantability, fitness for a particular purpose, and/or non-infringement. We make no promise that access to the App or Services, or to any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free.
11.2 Oobit makes no representation or warranty that the App and Services are applicable or appropriate for use by users in all jurisdictions and it is Your responsibility to ensure compliance with the laws of any relevant jurisdiction of Your residence.
11.3 All warranties, representations, conditions, and all other terms of any kind implied by statute or common law are excluded from these Terms to the fullest extent permitted by applicable law.
11.4 You understand and agree that Oobit does not manage or control the underlying protocols that allow cryptoassets and non-fungible tokens to be issued and transferred. Thus, You understand and agree that Oobit is not responsible for the operation of these underlying protocols and, therefore, cannot influence or be responsible for how these underlying protocols operate, or whether they operate or not.
11.5 You also understand and agree that, once an instruction has been initiated by You on the App, such instruction will be irreversible by us or by You. We are not responsible for any incorrect or unauthorized instructions You submit via the App, and You expressly agree that we have the right to act in accordance with all instructions received without further verification, immediately at the time they are received.
12.1 These Terms set out the entire financial liability of Oobit (including any liability for the acts or omissions of its employees, agents, and subcontractors) to users: (A) arising from or related to these Terms; (B) in relation to any use made by You of the App or Services or any part thereof; and (C) in relation to any representation, misrepresentation (whether innocent or negligent), statement, or tort or omission (including negligence) arising from or in connection with these Terms.
12.2 Nothing in these Terms excludes Oobit's liability: (A) for death or personal injury caused by our negligence; (B) for fraud, fraudulent misrepresentation, or fraudulent distortion; or (C) any legal liability not subject to limitation.
12.3 Subject to the above, Oobit shall not be liable for tort (including negligence or breach of statutory duty), contract, misrepresentation (innocent or negligent), restitution or otherwise for: (A) any unforeseeable, avoidable losses or losses caused as a result of any events outside its control, suffered directly or indirectly, including, but not limited to, acts of natural disasters, war, terrorism, strikes, or government actions; (B) fluctuations in the fiat currency value of cryptoassets held in Your account; (C) any loss of profits, loss of business, loss or corruption of data, depletion of goodwill and/or similar losses, or pure economic loss, or for any special, punitive, indirect, or consequential costs, damages, charges, or expenses; or (D) any loss, damage, or corruption of any cryptoasset or non-fungible token as a result of instructions, acts, or omissions by You (this includes any losses attributable to a failure by You to keep secure any security details, access credentials, public or private keys, or other information related to the App and access thereto).
12.4 Consequently, only the limitations permitted by law in Your jurisdiction will apply. In cases where the exclusion of liability is not possible, but the limitation of liability is legally permitted, our total liability will be limited to the total amount paid by the user for the services during the 12 (twelve) months preceding the event giving rise to the liability. Alternatively, if no payment was made, our total liability will be limited to the amount of R$ 500.00 (five hundred Brazilian Reais).
13.1 In addition to the other rights set forth in these Terms and those that may be available to us, You agree to indemnify and hold Oobit and its affiliates and each of their officers, directors, employees, and agents harmless from any legal or monetary consequences (including reasonable attorneys' fees) arising from any: (i) unauthorized access to the App; (ii) use of the Services by You; (iii) use of Third-Party Materials by You; (iv) violation of these Terms by You; or (v) dispute between You and another Oobit user.
Rights of Oobit 14.1 As our Services are evolving over time, we reserve the right to cancel, suspend, modify, replace, or terminate all or any part of the App and/or Services at our sole discretion, at any time, without prior notice, including for any regulatory or legal reasons. By using our Services after changes, You agree to follow the updated Terms. If You disagree, You may close Your account.
14.2 If we are prevented from fulfilling or cannot fulfill any obligation under these Terms due to any cause beyond our reasonable control, the deadline for our performance will be extended by the period of delay or inability to perform due to such occurrence and we will not be in breach of these Terms or be liable for the failure or delay in performance.
14.3 We may suspend or terminate Your account if it has been inactive for at least two years. We will notify You before we do this.
14.4 Without prejudice to our other rights and remedies under the Terms, we may restrict, suspend, or terminate Your access and use of the App and Services in whole or in part, at our sole discretion, immediately and without prior notice, including in the following cases: (A) where You have violated, or we suspect You have violated, these Terms or applicable law; (B) when we are required to do so by law; (C) when You fail to pay any fees within seven calendar days from the payment due date; (D) when You are subject to a bankruptcy or insolvency event of any kind, as determined by us (in which case we also have the right to cover all reasonable costs or expenses, including attorneys' fees, related to our enforcement of these Terms and recovery of sums due to us by You); (E) when we decide to no longer provide the Services or the App; (F) when regular use of the Services or the App is interrupted due to a power outage, equipment malfunction, or traffic overload, or when interruption is inevitable due to repairs, updates, or maintenance regarding the Services or App (in which case we will do our best to notify You in advance), or any other circumstances that make us unable to provide the Services or the App; or (G) when we otherwise feel it is necessary to protect Oobit or the App.
14.5 We are not responsible for any problems that may arise from changes and/or suspension of the Services or the App, unless the changes and/or suspension are caused by our negligence.
Your Rights 14.6 Oobit provides access to Services regarding cryptoassets, for which the price depends on constant fluctuations in the financial market that cannot be controlled by us. Consequently, You do not have the legal right to terminate these Terms within a period of 14 calendar days from the start of our business relationship without any penalty and without giving any reason.
14.7 Notwithstanding clause 14.6, You may cancel Your account at any time, provided that Your account has not been suspended by us, by following the account closure instructions in the App. You will not be charged for closing Your account, although You are required to pay any outstanding amounts due to us. You must transfer cryptoassets from Your account before closing it.
Consequences of Termination 14.8 Upon any termination, discontinuation, or cancellation of the Services or Your account, all rights and/or licenses granted to You under these Terms will immediately cease and terminate and You must immediately cease use and/or access of the App, Services, and Content in any form.
14.9 You authorize us to cancel or suspend any pending transactions at the time of termination, discontinuation, or cancellation.
14.10 Upon closure, discontinuation, or cancellation of Your account, we will send written confirmation that it has been closed and confirm any balance due to You or any amount due to us. If any amount is due to You, we will send it to You promptly and in the normal course in which payments are made by us, subject to any requirements of applicable law.
14.11 Upon closure of Your account, we will retain, delete, or anonymize Your personal data in accordance with our Privacy Notice and applicable data protection laws.
15.1 These Terms shall be governed and interpreted exclusively in accordance with the laws of Brazil.
15.2 Before initiating any legal proceedings, the Parties agree to make reasonable efforts to resolve any disputes amicably. If such efforts are unsuccessful, either Party may submit any claims related to these Terms of Use, the Privacy Policy, or the Platform to the Brazilian Judiciary. Brazilian law shall apply, with the courts of the City of São Paulo, State of São Paulo, having exclusive jurisdiction to settle such disputes, to the exclusion of any other court, however privileged it may be.
16.1 Your use of the Services and the App is subject to applicable law, including, but not limited to, export restrictions, end-user restrictions, anti-terrorism laws, and economic sanctions. By using the Services via the App, You agree that You will comply with all applicable laws. You are not permitted to use any of our Services if doing so violates, directly or indirectly, applicable law, including those promulgated by relevant law specific to that jurisdiction, the United Nations Security Council, the Office of Foreign Assets Control ("OFAC" of the U.S. Treasury Department), including but not limited to the Specially Designated Nationals List ("SDN") and other non-SDN restricted or blocked party lists), the European Union, the United Kingdom and/or any other applicable national, regional, provincial, state, municipal, or local laws and regulations (each as amended from time to time). You also acknowledge and agree to hold Oobit harmless from any losses caused by delays or refusals in processing a transaction that result from our obligation to ensure compliance with applicable export controls or sanctions.
16.2 These Terms constitute the entire and exclusive understanding and agreement between Oobit and You regarding the App and the Services, and these Terms supersede and replace any and all prior understandings or agreements, oral or written, between Oobit and You regarding the App and the Services. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted and the other provisions of these Terms will remain in full force and effect.
16.3 Nothing contained in these Terms shall be deemed to constitute us or You as an agent or representative of the other or as joint ventures or partners.
16.4 Oobit and any of its affiliates or other group entities may enforce these Terms. Except as set forth in the preceding sentence, a person who is not a party to these Terms shall have no rights under or in connection with them.
16.5 You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by You to assign or transfer these Terms, without such consent, will be void. We may freely assign or transfer these Terms without restrictions (except to the extent of any prior notice requirement under applicable law), including to Oobit affiliates or to any successor in interest of any business associated with the App. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
16.6 Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be provided by posting on the App and/or via other electronic communication. You agree and consent to receive electronically all communications, agreements, documents, notices, and disclosures (collectively, "Communications") that we provide in connection with Your account and Your use of the Services and the App.
16.7 Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Oobit. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will not prejudice its other remedies under these Terms or otherwise.
16.8 These Terms are written in Portuguese. Any translated version is provided solely for Your convenience. In the event of a discrepancy between translated versions and this Portuguese version, the Portuguese version shall prevail.
16.9 You must obtain and maintain all local licenses or authorizations necessary to use the Services in Your jurisdiction.
16.10 For the purposes of these Terms, (a) the words "include", "includes" and "including" are deemed to be followed by the words "without limitation"; (b) the titles and captions contained herein are for convenience only; and (c) the word "herein" refers to these Terms as a whole. These Terms shall be interpreted without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.
16.11 All provisions of these Terms which, by their nature, extend beyond the expiration or termination of these Terms, including clauses related to limitation of liability, indemnification, warranty and service disclaimers, intellectual property, confidentiality, suspension or termination, debts owed to Oobit, general use of the App and Services, disputes with Oobit, and miscellaneous provisions shall continue to be binding and operate after the termination or expiration of these Terms.
17.1 If You have any comments, questions, or complaints, please contact us via our in-App chat, by writing to our registered office above, or by email at legal@oobit.com.
17.2 You must submit any complaint You may have with us as soon as possible. Please contact us using any of the methods set forth above and include in Your communication the cause of Your complaint, how You would like us to resolve the complaint, and any other information You believe to be relevant. The support team will consider and respond to Your complaint within a reasonable timeframe based on the information You have provided and any other relevant information available to Oobit. The response may be to resolve Your complaint in the manner You requested, reject it with an explanation of our reasons for rejection, or offer to resolve Your complaint with an alternative solution. You agree to use the complaints procedure set forth in this clause 17.2 before filing any claim in a competent court. If You fail to comply with this provision, we may use it as evidence of Your unwillingness to resolve the issue and/or the vexatious nature of the complaint. However, nothing in this clause shall be construed as preventing either party from seeking injunctive relief or similar interim measures in any court of competent jurisdiction.
18.1 Be alert for scams and, if You suspect a scam or fraud, report them to complaints@oobit.com. Some common scams are: (A) Crypto seller scam: be careful if someone sends You a fraudulent cryptoasset payment for goods or services outside of Oobit; (B) Accidental crypto payment scam: Report if You receive a fraudulent cryptoasset payment and the sender claims it was a mistake, asking You to return their funds; (C) Use Your cryptocurrency wisely: Always use Your common sense when dealing with cryptoasset transactions. If a deal seems too good to be true, it probably is. Make sure to send cryptoassets to Yourself and not on behalf of other people.
18.2 Cryptoassets inherently possess significant risks. It is essential to consider carefully before acquiring cryptoassets or engaging in cryptoasset transactions. Major risks include: (A) Digital Nature: Unlike traditional currency, cryptoassets are entirely digital, so like other digital systems, they may be vulnerable to hacks or technical interruptions, leading to potential losses or delays in accessing or using Your cryptoassets; (B) Regulatory uncertainty: The regulatory landscape for cryptoassets and related service providers is fluid and may change without prior notice. Such changes may impact the value of held cryptoassets; and (C) Value fluctuation: The value of cryptoassets can be more volatile than traditional currencies and factors such as the introduction of new cryptoassets or unexpected changes in functionality can lead to sharp changes in value.
