The present Terms and Conditions of Use ("Terms and Conditions") generally describe the conditions applicable to our Users (as defined below) during the access and use of the functionalities of the "CREDIPAY Platform," regardless of how it is accessed, whether through our website or via any CREDIPAY mobile device application.If you do not agree with any provisions of these Terms and Conditions, we kindly ask you not to access and/or use the functionalities of the CREDIPAY Platform, as your access and/or use represents your full and unconditional acceptance of these Terms and Conditions, as well as our Privacy Policy, which is an integral part of this agreement.The CREDIPAY Platform belongs to Credix Finance Securitizadora III S.A., headquartered and with jurisdiction in the capital of the state of São Paulo, at Rua Joaquim Floriano, 100, 14th floor (hereinafter simply referred to as "CREDIPAY").For the purposes of this Terms and Conditions contract, "User" means each of the customers (former or current), potential customers, users of the CREDIPAY Platform, website visitors, employees, collaborators, business partners, service providers, contractors, third parties, who access, manage to access, and/or use our website.By completing the registration and expressing their electronic acceptance, by clicking on the option "I have read and agree to the Terms of Use of the Platform", the User will automatically agree to the rules of these Terms and Conditions, in order to be able to use the functionalities available on the Platform.
1.1. The CREDIPAY Platform is intended for the offering and commercialization of financial products and/or services provided by CREDIPAY to Users.
1.2. For the use of the CREDIPAY Platform, Users will be asked to provide their Personal, Financial, and/or Banking Data, Transactional Data, among others. For more information about the Personal Data collected by CREDIPAY, as the case may be, please kindly review the terms of our Privacy Policy, available at our website.
1.3. For the contracting of certain services available on the CREDIPAY Platform, specific approval from the User may be required, by means of adhering to a specific and distinct contractual instrument from these Terms and Conditions.
1.4. It is expressly prohibited for Users to engage in any of the following actions listed below when accessing the CREDIPAY Platform:
2.1. The services of the CREDIPAY Platform can only be used by individuals who are legally capable of civil acts, as provided by the Civil Code. Therefore, upon registration, the User declares, under penalty of law, to be of legal age (18 years old or older) or emancipated and to be in full possession of their civil rights. If the User is representing any legal entity, they must declare, under penalty of law, to have full powers of representation.
2.2. For access and use of the functionalities of the CREDIPAY Platform, the User must have equipment and an internet connection.
2.3. By entering their data into the CREDIPAY Platform, for the execution of operations and/or services provided by CREDIPAY, the User declares, under penalty of law, that the information provided by them is complete, true, and correct.
2.4. The User undertakes to keep all their personal and registration data duly updated on the CREDIPAY Platform.
2.5. The completion of operations and/or service contracts through the CREDIPAY Platform is directly related to the truthfulness, completeness, accuracy, and integrity of the personal and registration data provided by the User. Any inconsistency in the personal and registration data provided by the User may affect the contracting of operations via the CREDIPAY Platform.
2.6. Furthermore, in accordance with Law No. 9,613 of March 3, 1998, the User undertakes not to use the CREDIPAY Platform for money laundering or to conceal or disguise the nature, origin, location, disposition, movement, or ownership of assets, rights, or values arising, directly or indirectly, from criminal offenses.
2.7. If negligence, recklessness, incompetence, or fraud is detected, either through the provision of false data or through any other conduct that violates these Terms and Conditions, CREDIPAY may permanently suspend and/or immediately cancel said User's access to the CREDIPAY Platform, without prejudice to the application of applicable criminal and civil sanctions, in accordance with current legislation.
2.8. At the time of registration on the CREDIPAY Platform, the User must create a login and password, for personal and non-transferable use, to access the platform. The User will be solely responsible for keeping their password in a secure location, as well as for all operations and contracts made on their behalf on the CREDIPAY Platform.
2.9. The User shall have only one registration with the CREDIPAY Platform. If it is found that the User has duplicate registration, all User access to the respective CREDIPAY Platform will be immediately canceled, and the User will be prevented and banned from registering again on the CREDIPAY Platform.
2.10. If any suspicious or unauthorized access to the CREDIPAY Platform is detected, the User must immediately notify CREDIPAY, in order for appropriate security measures to be taken.
2.11. Without prejudice to other measures deemed appropriate, CREDIPAY may warn, suspend, or cancel, temporarily or permanently, the registration of any User on the CREDIPAY Platform, at any time, if the User fails to fully comply with any provision set forth in these Terms and Conditions and/or in current legislation. The User's access to the CREDIPAY Platform may be reinstated, at the sole discretion of CREDIPAY, as soon as the situation is rectified, as applicable.
2.12. The use and access to the functionalities of the CREDIPAY Platform are offered free of charge to all Users.
2.13. The User authorizes CERC S.A., CNPJ/ME nº 23.399.607/0001-91, jointly with CREDIPAY, to collect, register, change ownership, assign, share, and even consult through other sources the data arising from the commercial invoices that are the subject to the credit anticipation carried out by CREDIPAY, for subsequent registration of such receivables in an entity authorized to perform the activity of bookkeeping of electronic invoices through an electronic bookkeeping system approved by the Central Bank of Brazil, including, but not limited to, CERC itself.
2.13.1. To achieve the aforementioned purpose, the User is aware and expressly agrees and indicates their full consent:
3.1. CREDIPAY holds the ownership and/or license to use all and any intellectual property rights present on the CREDIPAY Platform.
3.2. All copyright notices and other intellectual property rights of the CREDIPAY Platform must be fully maintained and preserved.
3.3. The use of the CREDIPAY Platform by the User does not grant them any right, title, or interest in any intellectual property assets owned by CREDIPAY.
4.1. As provided in the Privacy Policy, by registering on the Platform, requesting to contract or use CREDIPAY's products and/or services, the User authorizes our contact and also that of their buyers through emails, push messages, WhatsApp.
4.2. In certain cases, CREDIPAY may contact the User via email, telephone, SMS, WhatsApp, or any other means of communication to address questions or issues related to the use of the CREDIPAY Platform.
4.3. The User authorizes all communications to be recorded and stored, aiming to provide greater security in the use of the CREDIPAY Platform.
4.4. The User authorizes CREDIPAY to send them communications and advertising via email and text message (SMS, WhatsApp, and platform notifications) about the functionalities, updates on the platform, and new products and services offered by CREDIPAY or its business partners.
4.5. If the User no longer wishes to receive promotional communications, they may unsubscribe at any time by using the "opt-out" link located at the beginning or end of the electronic communication.
5.1. he User declares to expressly acknowledge and accept that CREDIPAY, as applicable, are not responsible for any technical and/or operational issues encountered on the CREDIPAY Platform, including failures, loss of information, suspensions, interruptions, transmission of viruses, among others, nor do they offer and/or have ever offered any type of guarantee regarding the contracting of loans by the User and/or the use of the CREDIPAY Platform.
5.2. The User undertakes not to disclose and/or transfer their access password to the CREDIPAY Platform to third parties, fully responsible for any unauthorized use of the password in case of disclosure or transfer, as well as to keep their computer environment fully secure, using available tools such as antivirus and firewall, among others, updated, in order to contribute to the prevention of electronic risks.
5.3. The User shall indemnify and hold CREDIPAY, as well as all its directors, agents, shareholders, and employees, harmless from any loss, liability, lawsuit, or demand, due to or arising from the improper, unauthorized, and/or inappropriate use of the CREDIPAY Platform or the violation of these Terms and Conditions or the Privacy Policy.
5.4. By virtue of these Terms and Conditions, CREDIPAY hereby disclaims and releases, to the fullest extent permitted by applicable law, any liability or compensation for any losses and damages of any nature, lost profits, consequential damages, direct and/or indirect damages, that may arise from the lack of continuity or operation of the CREDIPAY Platform, as well as from the actions of Users and/or third parties that violate any terms of this agreement. The User expressly acknowledges and agrees that CREDIPAY may suspend their access to the CREDIPAY Platform at any time and without prior notice, including as prudent or technical measures or as a result of any regulatory activity carried out, if it deems that the User's obligations under these Terms and Conditions are not being met or in case of significant technical problems affecting the performance or operation of the CREDIPAY Platform.
5.5. The User acknowledges and agrees that the CREDIPAY Platform may provide links to other websites on the internet or other resources, partners, or banners. Therefore, such links are provided for the convenience of the User, and since CREDIPAY has no control over such websites, partners, external resources, or banners, the User hereby expressly acknowledges and agrees that CREDIPAY is not responsible for them and does not endorse or assume responsibility for any content provided, advertisements, products, services, or other materials contained or made available through such websites or resources, holding them harmless at all times. Thus, the User acknowledges and agrees that CREDIPAY is not directly or indirectly responsible for any losses and/or damages suffered by the User that are actually or allegedly caused by, or in connection with, the User's reliance on such services from partners and/or third parties that may be disclosed on the CREDIPAY Platform.
6.1. These Terms and Conditions may be amended at any time for the purpose of enhancing and improving the services provided by CREDIPAY, as applicable, through the CREDIPAY Platform, without any communication to the User. Changes will become effective immediately upon publication on our website. We recommend that Users regularly review the Terms and Conditions to be aware of any changes.
6.2. The failure to exercise any rights or faculties, as well as any tolerance of infractions provided for in these Terms and Conditions or in the current legislation, shall not constitute a waiver of rights, novation, or alteration of the provisions herein.
6.3. All communications to be made by Users must be done through our Customer Service Channels. Any questions, criticisms, suggestions, and/or complaints can be made by the User in writing and sent to the email legal@credix.finance.
7.1. These Terms and Conditions shall be governed and interpreted in accordance with the laws of the Federative Republic of Brazil, and the courts of the Capital District of the State of São Paulo are hereby elected as competent to settle any issues arising from this instrument, to the exclusion of any other jurisdiction, however privileged it may be or become.
8.1. These Terms of Use shall come into effect as of March 6 of 2024.
