TERMS AND CONDITIONS

The User acknowledges and accepts that by selecting the “I Accept” checkbox on our TOTALCOIN website when opening their Account, they agree to comply with the following Terms and Conditions (“Conditions of Use”) in relation to their use of the TOTALCOIN Service (hereinafter “TOTALCOIN”).

Processing Data Argentina S.A. is the owner of the TOTALCOIN Service, with legal address at Maipú 255, 10th floor, Buenos Aires City, and was registered on 07/08/2020 with the B.C.R.A. (Central Bank of the Republic of Argentina) in the “Registry of Payment Service Providers offering payment accounts” under number 33,526. Any provision of PSP services shall be understood as rendered by Processing Data Argentina S.A., regardless of the commercial brand(s) used.

In addition to virtual wallet services, payment processing and collection services, offering payment accounts with various functionalities, and for the purposes of this Agreement, the term “Service” also includes our website, all types of software, programs, systems, documentation, tools, internet-based services, components, and all types of updates (including software maintenance, service information, help content, bug fixes, or maintenance releases) provided herein by TOTALCOIN to Users.

GENERAL

As an essential condition to become a User, you must accept these Conditions of Use, which constitute a legally binding contract. Acceptance of these Conditions of Use implies the formation of Consent as provided in Article 971 of the Civil and Commercial Code. It also implies understanding of the contract terms and that no additional information is required.

From time to time, it may be necessary to change the Conditions of Use, and we will notify you of changes by publishing them on our Site. Changes that make these Conditions of Use more favorable to you shall enter into force immediately if so stipulated in the change notice.

You shall be deemed to have accepted changes to the terms under Article 978 of the Civil and Commercial Code, unless you notify us otherwise before they enter into force. If you disagree with the proposed changes, you have the right to immediately terminate the Conditions of Use without any charges being applied before the proposed effective date.

  1. Requirements

1.1 Registration. To use the TOTALCOIN service, you must be at least 18 years old and of legal age, register with TOTALCOIN, and accept these Terms and Conditions of Use.

Registration requires completing the registration form in all fields with truthful and accurate data. The User undertakes to update personal data when necessary. Users guarantee and are liable for the truthfulness, accuracy, completeness, and validity of the entered data, which have the character of a sworn statement. TOTALCOIN reserves the right to request supporting documents and/or additional information to verify the accuracy of information provided by a User, as well as to cancel or suspend Users whose data could not be duly verified. For this purpose, the Company is authorized to consult public and private sources.

In case of inaccuracy, falsity, or inconsistencies in the information provided by a User, the Company shall be exempt from liability for any delay, rejection, or impossibility of managing account transactions.

1.2 The Company reserves the right to reject a registration request or to cancel or suspend, temporarily or permanently, an account, in case of detecting inconsistencies in the information provided by a User or in case of detecting suspicious activities, without such decision generating rights to compensation or indemnification for the User.

The User shall provide correct and complete information when requested. If we cannot verify the accuracy of this information, TOTALCOIN may deny use of the service or close your account immediately.

1.3 Prohibitions. Natural or legal persons about whom information is available suggesting they may be related to criminal activities, especially those allegedly linked to drug trafficking, terrorism, or organized crime in general, may not register as Users.

Pursuant to this clause, TOTALCOIN reserves the right to reject a registration request or to cancel or suspend a TOTALCOIN Account (i) in case of detecting inconsistencies in the information provided by a User, or unusual or suspicious User activities regarding AML/CFT or fraud; (ii) in case the User fails to provide or update in due time and form the information and/or documentation required by TOTALCOIN; (iii) in case the User is subject to Sanctions, or located in, constituted in, resident in a country or territory subject to Sanctions, within the scope provided in this clause; or (iv) in case the User is or may be related to criminal activities, as provided in this clause.

TOTALCOIN may, at its sole discretion and/or at the request of another entity, retain funds from the User’s account and/or return such funds to the source account in cases where fraud is suspected. This measure will be implemented to protect the integrity of the customer’s account and the Company’s interests.

1.4. The User expressly acknowledges and accepts that TOTALCOIN, in its capacity as an Obliged Entity, may share User information and documentation with other companies of the same group, for purposes of complying with regulatory obligations, as established in the Privacy Statement. This is in accordance with Art. 21 of Law 25,246 and the specific regulations that govern it.

1.5. TOTALCOIN is an Obliged Entity before the Financial Information Unit under current regulations and, in compliance with said regulations, is required to collect information and/or documentation from Users. Therefore, Users undertake to keep their information updated and to respond in due time and form to requests made by TOTALCOIN in this regard.

  1. The System

2.1. Account.

Upon registering and using the System, the User designates TOTALCOIN as their agent to process payments on their behalf and order, in accordance with instructions and subject to all terms, conditions, and limitations of this Agreement.

The User shall be the sole and exclusive responsible party for all transactions carried out in their Account, and must immediately notify TOTALCOIN of any unauthorized use or attempted access to their account. All transactions carried out by the User are at their exclusive risk, and TOTALCOIN is unrelated to any obligations assumed by the User with third parties.

The Account opened with TOTALCOIN is personal, unique, and non-transferable, and its assignment or transfer under any title is prohibited. It is prohibited for the User to authorize third parties to use their Account.

2.2. Legal Entity User

For Users representing legal entities, they are only permitted to use the Services or open an account if they represent a legally constituted company and if they have the powers and authorizations to enter into this agreement on behalf of the company. By accepting the terms of this Agreement, they will be doing so on behalf of the company they represent.

  1. Payment and Collection Processing Service

3.1 TOTALCOIN is a Payment Service Provider and is not a financial entity; therefore, it does not provide Users with banking, foreign exchange, or financial services.

3.2. The System allows the User to make payments to third parties, pay for their services, make online purchases through electronic debit of money from the User’s account, or request payments from third parties through electronic credit of money to the TOTALCOIN Account.

3.3. Each TOTALCOIN Account is assigned to a single User.

3.4. TOTALCOIN Accounts are denominated in Argentine Pesos (ARS), and all references to money in the System are understood to be made in that legal tender currency of the Argentine Republic, except where expressly stated otherwise.

3.5. Funds in the TOTALCOIN Account are added using the mechanisms described on the website and are electronically credited to the TOTALCOIN Account. Likewise, funds from the TOTALCOIN Account are withdrawn using the mechanisms described on the website.

3.6. Funds credited to the TOTALCOIN Account do not generate interest, and the User may freely dispose of them to carry out transactions provided they do not maintain outstanding balances.

3.7. TOTALCOIN does not charge opening or maintenance fees for the TOTALCOIN Account, but reserves the right to establish them in the future, effective upon notification to the User.

3.8. TOTALCOIN charges a payment management service fee to the User for receiving funds in their TOTALCOIN Account from a third party or from another TOTALCOIN Account, through any payment operation in the System. TOTALCOIN is authorized to retain and/or deduct any type of fee and/or tax from the User’s account.

3.9. The transaction amount may be reversed or recharged to your TOTALCOIN account (a “chargeback”). For example, a chargeback may arise if the transaction (a) is disputed by a Payer, (b) is rejected by the Network, by our processor, or by our financial institution for any reason, (c) was not authorized or we have reason to believe it was not authorized, or (d) is allegedly illegal, suspicious, or violates the terms of this Agreement. The User is responsible for all chargebacks, reversals, fraud, and breaches. TOTALCOIN may charge a fee associated with received refunds.

3.14. If you owe TOTALCOIN an amount exceeding the balance in your Account, TOTALCOIN may collect or debit using a payment instrument registered in your TOTALCOIN Account. You shall be responsible for the amount owed and also for generated expenses, including without limitation, attorneys’ fees and expenses and any other applicable interest.

  1. Excluded Persons

The System is not available to those who lack legal capacity to contract under the legislation applicable to the transaction.

  1. Fees

Subject to the terms of this Agreement, we reserve the right to change our Fees. If we increase our fees, we will notify you five (5) business days in advance. By continuing to use the Service, you consent to the change in Fees. To withdraw your consent, you will need to close your TOTALCOIN Account.

  1. Transactions

Transaction status will be identified as “In Process,” “Approved,” “Available,” and “Rejected.”

6.1 In Process: Any verification status prior to transaction approval, either in the virtual account or in other accounts depending on the operation.

6.2. Approved: When the transaction has been verified and is ready to be credited within the corresponding timeframes, either in the virtual account or in other accounts depending on the operation.

6.3. Available: When the money from the completed transaction is credited and/or debited to the corresponding accounts, whether TOTALCOIN accounts, bank accounts, and/or payment accounts managed by third parties, the operation will appear as AVAILABLE.

6.4. Rejected: When the transaction fails to complete in due time and form due to a communication error, lack of payment, or legal impediment.

  1. Adding Funds

7.1. Once the email address registered by the User is confirmed, the User may add funds to their TOTALCOIN Account via bank transfer, by printing and presenting a deposit slip at authorized collection entities, or with any of the available services detailed on the TOTALCOIN site.

7.2. For bank transfers, the Company will credit to the TOTALCOIN Account the amount actually verified by the banking entity in its electronic systems, regardless of the amount declared by the User when performing the operation. Credit will be effected between 48 and 72 business hours after verification of credit in the Company’s bank account, subject to confirmation that the data entered to perform the transaction are correct.

7.4. The Company is free from all liability in case the User makes a bank transfer directly, and not through the site, to their own account or to third parties.

7.5. For deposits at collection entities with staff receiving the deposit, the Company will credit to the TOTALCOIN Account the amount actually reported by the collection entity and which must appear on the payment receipt issued by the collection entity and held by the user. Credit will be effected in no less than 48 to 72 business hours after the deposit is made.

7.6 The User understands that only they can add funds to their TOTALCOIN Account using one of the described mechanisms. TOTALCOIN expressly prohibits the User from publishing or printing the deposit slip for use by other users. If irregular uses of the fund-adding mechanisms are detected, including but not limited to publishing or printing the deposit slip for use by users who are not owners of the TOTALCOIN Account corresponding to said deposit slip, they will be subject to what is described in the MISUSE OF THE SITE section.

  1. Payment

8.1. Payment instructions (“operations”) are only effected on the Site. Only instructions reflected in the user’s account are valid. Instructions may not be submitted by telephone, fax, email, or any other means outside the System that is not expressly authorized by TOTALCOIN. The System will not debit funds from the Account without an express instruction that includes the User’s email address and secret personal password.

8.2 The User is solely responsible for the confidentiality of their personal password. Without prejudice to the Company’s right to request additional information about the User’s identity, once the email and personal password are entered, operations carried out will always be attributable to the User even if the User offers to prove they were carried out by unauthorized third parties.

8.3 The User must have sufficient funds in their TOTALCOIN Account to cover all payment instructions. Otherwise, the Company will not process payment instructions.

8.4 From the moment a payment instruction is initiated until the funds recipient accepts the operation (which may occur immediately), the User is the sole owner of the funds used, and the Company holds those funds solely as their payment agent, but the User may not dispose of those funds until the initiated operation is cancelled.

8.5 Liability for payment instructions and their consequences corresponds to the User. TOTALCOIN is unrelated to the obligation that gave rise to the payment instruction; therefore, it is not obligated to verify the cause, amount, recipient, or other circumstances relating to the payment instruction, nor is it responsible for the integrity, timeliness, or acceptance of the payment. The Company is not responsible for the delivery and/or provision, in due time and form, of goods and/or services paid for through the System.

8.6 TOTALCOIN does not represent or give warranties regarding Merchants who use our Services. Use of our Services by Merchants in no way represents TOTALCOIN’s approval of their existence, legitimacy, capacity, policies, practices, or beliefs.

8.7 System records constitute sufficient proof of full compliance with instructions, replace the need for any receipt, and are fully enforceable against the User even in the absence of other records emanating from the User, the Company, or third parties.

  1. Receipts

9.1 Upon registering on the Site, the User may receive funds from other Users using the System. Maintaining a TOTALCOIN Account implies express acceptance of all payment receipt operations, and any applicable charges or commissions.

9.2 Upon receiving a payment through the System, the User is not protected against possible future cancellations or reversals of the operation, unless they provide TOTALCOIN with the necessary evidence to challenge the chargeback. TOTALCOIN uses this evidence, in addition to any other it may have, to investigate the chargeback. In case the operation is reversed for any reason, the User receiving the funds shall be liable to the Company for the amount of the reversed operation and any other punitive charges the Company may have suffered as a consequence of the reversal. Where applicable, the User expressly authorizes the Company to debit these funds from their TOTALCOIN Account (or any other TOTALCOIN Account they hold with the same ownership data), and if they do not have sufficient funds therein, the transaction will not be possible. TOTALCOIN reserves the right not to challenge a chargeback even if the User has provided evidence. The Company reserves the right to use pertinent legal methods to collect the amount owed as a consequence of payment reversal.

  1. Limits

10.1 To make credits to the Account, TOTALCOIN reserves the right to verify data registered by the User in the System against a credit card, bank account, or other mechanism at TOTALCOIN’s discretion.

10.2 The User may not add amounts lower than one hundred pesos ($100 ARS) or the amount indicated in the future to the TOTALCOIN Account; charges may apply otherwise.

10.3 The User may not withdraw amounts lower than one hundred pesos ($100 ARS) from their TOTALCOIN Account; TOTALCOIN may apply charges otherwise.

10.4. TOTALCOIN reserves the right to set maximum or minimum transaction limits; new limits shall enter into force at the time of communication to that effect.

  1. Withdrawal of Funds

11.1 Once the email address registered by the User is confirmed, the User may withdraw all or part of the available balance in their TOTALCOIN Account from the System.

11.2 Withdrawing the entire balance does not imply closure of the TOTALCOIN Account.

11.3 Funds may be withdrawn via Bank Transfers, through affiliated agencies, or via methods indicated by TOTALCOIN.

  1. Termination of Contract. Account Closure.

12.1 Either party may terminate the Agreement at any time. Termination of the Agreement implies closure of the TOTALCOIN Account and cancellation of all pending payment instructions at that time. If the User continues using system codes after termination of the Agreement, they shall be responsible for any extraordinary expenses this entails.

12.2 By TOTALCOIN’s decision: Account closure may proceed due to withdrawal of the total existing balance, or due to no account activity for 180 days. The Company reserves the right to proceed with Account closure without stating cause, with the User waiving any claim in this regard, or (c) if the User has provided any false, incomplete, inaccurate, or misleading information or has engaged in fraudulent or illegal conduct.

12.3 Account closures with balances thus effected will be transferred to a general account and made available to interested parties. After 30 (thirty) days from transfer to the general account, TOTALCOIN will charge a compensatory commission applied periodically, for balance custody, equal to 1% of the balance at the time of closure. The Client expressly acknowledges and accepts TOTALCOIN’s right to order suspension prior to service cessation of payment instructions, which will last until completion of pending operations at the Company’s exclusive discretion, at which time definitive Account closure will be ordered.

12.4 By Client’s decision: The Client may disengage and must formally notify TOTALCOIN of this intention with a minimum advance notice of 30 (thirty) days. This is without prejudice to their obligation to settle all debtor balances registered in their accounts. The Client expressly acknowledges TOTALCOIN’s right to order suspension of operations even prior to fulfillment of payment instructions.

12.5 TOTALCOIN reserves the right to report the existence of unpaid and overdue debt to commercial reporting companies, as authorized by current legislation on personal data protection.

12.6 If your TOTALCOIN Account is terminated for any reason or no reason, you agree to: (a) [omitted in original], (b) that we reserve the right (but not the obligation) to delete all your account information stored on our servers, and (c) that TOTALCOIN will not be liable to you or any third party for termination of access to the Service, or for deletion of your information.

12.7 TOTALCOIN is not liable to you for compensation, reimbursement, or damages in connection with use of the Service, or any termination or suspension of the service. Any termination of this Agreement does not exempt you from any obligation to pay fees or expenses accrued prior to termination or any other amount owed by you to TOTALCOIN as provided in this Agreement.

  1. TOTALCOIN Disclaimer of Liability

13.1 Use of the System is in all cases at the User’s exclusive responsibility and risk. TOTALCOIN does not guarantee the availability and continuity of the Site or System operation, nor the inviolability of data stored or transmitted over public telecommunications networks or other means, nor the absence of malfunctions, viruses, or other applications on the Site that may cause harm to the User. The User assumes and exempts the Company from all liability arising from fortuitous events or force majeure.

13.2 TOTALCOIN will make all reasonable efforts to ensure that estimated times for crediting, processing, and operations with third-party companies are carried out according to stipulated timeframes. However, some factors, mostly external to TOTALCOIN, may cause delays in the time required to perform operations. The User understands that these failures are beyond TOTALCOIN’s control and exempts it from all liability for inconveniences or damages arising from such failures.

13.3 TOTALCOIN will not be liable for mistaken payments made by the User to third parties resulting from incorrect entry of the recipient’s email, amount, or any other relevant payment operation information. TOTALCOIN may be used from outside the Argentine Republic. However, the User acknowledges and accepts that the Company does not guarantee the availability, continuity, functioning, or correct performance of all or some of its functionalities when access or operations are performed from abroad.

13.4 For operations using credit card funds, the Company shall not be obligated to credit funds that are not fully paid by the bank or credit card issuing entity.

13.5 Any indemnification that the Company owes to the User shall be limited to the maximum amount the User had credited in the TOTALCOIN Account the day before the occurrence of the damage.

13.6 You represent and warrant to us that: (a) you are at least 18 years old; (b) you are eligible to register and use the Service and have the right, power, and capacity to enter into and act under this Agreement; (c) the registered name is your true name or your company’s name through which you sell your products and services; (d) every sales transaction submitted by you will represent a good faith sale; (e) every sales transaction submitted by you will accurately describe the products and/or services sold and delivered to the buyer; (f) you will fulfill all your obligations to each customer for whom you submit a transaction and resolve any consumer conflict or complaint directly with the buyer; (g) all transactions initiated by you will comply with all applicable national, provincial, and municipal laws, rules, and regulations applicable to your business, including tax laws and applicable regulations; (h) except in the ordinary course of business, no sales transaction submitted by you through our Service will represent a sale to any principal, partner, owner, or proprietor of your entity; (i) you will not use the Service, directly or indirectly, for any fraudulent venture or in any way to interfere with the use of the Service; (j) your use of the Service will be in accordance with this Agreement; (k) the identifying information and data provided in the registration form and in any complementary documentation existing for site registration are accurate and truthful; (l) the funds and values to be used for repayment of obligations contemplated in the system have their origin in and are destined for lawful activities.

  1. Misuse of the Site

14.1 The User accesses and uses the information and advertising contained on the Site and on linked sites at their exclusive responsibility.

14.2 Any type of manipulation and/or publication of pages, code, logo, and Site information on the User’s or a third party’s internet pages is strictly prohibited. This includes, but is not limited to, publishing any page or part of a page of the Site in a “frame” or “box” of another page.

14.3 The User undertakes not to use the System to accept payments for illegal products, services, or operations, including, but not limited to, any product or service that infringes intellectual property laws or third-party rights. The User will not use the System for any activity that may be considered fraudulent or illegal. Likewise, the User undertakes not to use the System to make payments related to, including but not limited to, the following activities: a) production, trade, or trafficking of weapons or ammunition, b) concealment and laundering of assets of criminal origin and financing of terrorism, c) pornography, pedophilia, or prostitution, d) those expressly or by custom not accepted by cards within what is considered e-commerce, e) pyramid payment schemes, f) items that may infringe or violate copyright, trademark, publicity or privacy rights, or any other property right under the laws of any jurisdiction, g) items that require a license, reseller permit, or franchise agreement to sell, h) items that promote hatred, violence, racial intolerance, or financial exploitation of a crime, i) items that encourage, promote, facilitate, or encourage others to engage in illegal activities, j) using the Services to act as a private banking institution, k) using the Services in a manner that may harm, disable, overload, or impair TOTALCOIN, including without limitation, using the Services in an automated manner, and l) anything that affects morality and good customs.

14.4 If the User uses the System through means or for purposes different from payment operations or management of a TOTALCOIN Account, including, but not limited to, manipulation of System security or operation, “hacking,” or access through non-enabled or unauthorized means, their TOTALCOIN Account will be cancelled and the User will be held liable for any damages caused by their behavior; TOTALCOIN may use funds deposited in their account to repair the damage caused, and likewise initiate legal actions and claims that TOTALCOIN deems necessary.

14.5 The User undertakes not to use the system to carry out operations that may be reasonably identified as cash advances via their own credit card or any other available payment method. Cash advance is understood as any operation in which a User debits funds from their credit card or adds funds through any other permitted payment method, obtains liquidity, and withdraws the funds from the System. This behavior includes, but is not limited to, a User making a payment to a third party with funds debited from a credit card or other available payment methods and then receiving the funds back from the same third party and requesting a fund withdrawal.

14.6 Upon any indication of illegal or improper use of the System, including, but not limited to, the operations described in this clause, the Company may reject a payment instruction, temporarily block access and use of the TOTALCOIN Account, and/or cancel the TOTALCOIN Account, holding the User liable for damages caused by their behavior, and initiating pertinent legal actions and claims.

14.7 The User undertakes to hold the Company harmless and to respond for all damages and losses as a consequence of their improper use of the System.

  1. Security

15.1 TOTALCOIN has implemented technical and organizational measures designed to secure your personal information in case of accidental loss and unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will not be able to overcome these measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

15.2 If you encounter a security-related issue, you undertake to inform us immediately by contacting the TOTALCOIN Security Team at Contacto@totalcoin.com. You also undertake not to disclose this issue until TOTALCOIN has addressed it.

  1. User Information

16.1 All information provided by the User to the Site is understood to be provided as a sworn statement, with the User’s commitment to keep it updated.

16.2 The User authorizes the Company to use their personal information for purposes related to Site operation. The Company will not publish, sell, or transfer to third parties information collected from the User, unless it must be disclosed in compliance with a court order or administrative authority. However, if the User prefers, they may request to be excluded from lists for sending promotional or advertising information.

16.3 The Company uses cookie technology and IP filtering when a User browses the Site, which allow recognition of Users and collection of certain information from their systems, preferences, and operations. Rejection of cookies sent by the Company by the User may affect proper Site functioning for that User. If the User allows use of this technology, they consent that personal information thus obtained may be used to analyze their preferences, to define and execute personalized marketing policies, and for other applications linked to the Site.

  1. Information Entered by the User

17.1 In relation to registration of a TOTALCOIN account, Users may upload photos or other content or information for the Service (“User Content”). You agree that you will not upload User Content to the Service unless that content has been created by yourself or you have permission from the rights holder to do so.

17.2 The User undertakes not to introduce into the Site information of an obscene, offensive, or defamatory nature, or containing threats, viruses, or other harmful programs or mechanisms to capture or distort information contained on the Site, nor unauthorized links or advertising. You agree not to upload, publish, transmit, distribute, or disseminate through the Service any content that: (a) is false, misleading, illegal, obscene, indecent, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or irritating; (b) encourages conduct that may be considered an offense or crime or give rise to civil liability; (c) infringes any obligation to another or rights of any person or entity, including publicity or privacy rights; (d) contains harmful data or any other type of harmful or destructive file; (e) advertises products or services of TOTALCOIN’s competitors or products and services of its partners, as determined by TOTALCOIN at its sole discretion; or (f) at TOTALCOIN’s exclusive discretion, is objectionable, restricts or inhibits any person or entity from using or enjoying any part of the Service, or that may expose TOTALCOIN, its affiliates, or users to damage or liability of any nature.

17.3 If the User publishes any information on the Site, they do so granting the Company a non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, worldwide license over copyright or other rights that may correspond to the published material for its use on the Site and on linked sites and media, transferable and transmissible to use, reproduce, modify, adapt, publish, prepare derivative works, distribute, publicly perform, and publicly display said User Content worldwide, in any medium of communication, in order to facilitate and promote the Service and TOTALCOIN’s business. Likewise, the User warrants being the holder with authority to dispose of said information or that they have obtained from its holders all authorizations that publication of that information under the indicated conditions requires.

17.4 You retain all rights over your User Content, without prejudice to the rights granted to TOTALCOIN in this Agreement. You may modify or delete your User Content through your TOTALCOIN Account or by terminating your TOTALCOIN Account.

17.5 TOTALCOIN reserves the right and maintains absolute discretion to remove, edit, or deactivate any User Content at any time and for any reason without prior notice. You understand that, by using the Service, you may be exposed to User Content that is offensive, indecent, or objectionable. TOTALCOIN assumes no responsibility for such Content, including any loss or damage to your User Content. By accepting this Agreement, you acknowledge that any User Content may be subject to monitoring to control compliance with the terms of this Agreement.

  1. Rights over the Site and its Content

18.1. The Site, brands, logos, and all other Site content are the property of the Company or its suppliers and are protected by copyright, trademark, intellectual property, inventions, software, and other applicable regulations; copying, reproduction, sale, or any other unauthorized commercial use or dissemination by the Company is prohibited.

18.2. TOTALCOIN reserves all rights not expressly granted to you in this Agreement. TOTALCOIN holds title, copyright, and other international intellectual property rights over the Service and all copies of the Service (as defined below). This Agreement does not grant you any rights over TOTALCOIN’s trademarks or service marks. For purposes of this Agreement, “Intellectual Property Rights” refers to all patent rights, copyright rights, template work rights, moral rights, trademark, trade name and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may already exist or come to exist in the future and, therefore, all applications and registrations, renewals, and extensions thereof, under the laws of any jurisdiction of any state, country, or territory.

  1. Modifications

We have the right to make changes to the terms of this Agreement at any time, and to change, remove, suspend, or impose conditions on any feature or aspect of the Service, with advance notice that TOTALCOIN, at its sole discretion, considers reasonable under the circumstances, including notification on our website totalcoin.com or on any other site owned by us, for purposes of providing Services under the terms of this Agreement. Use of the Service after our publication of such modifications shall mean your acceptance of this Agreement and its modifications.

  1. Transparency Regime.

The User may consult the “Transparency Regime” prepared by the BCRA based on information provided by obliged entities in order to compare costs, features, and requirements of financial products and services by visiting http://www.bcra.gob.ar/BCRAyVos/Regimen_de_transparencia.asp

  1. Assignment

The User may not assign the Agreement, and any attempt at assignment by them shall be deemed null and void. The Company has the right to assign or transfer the Agreement or any right it has thereunder without need for notification or consent from the User.

  1. Taxes

The User is responsible for payment of any applicable national, provincial, or municipal tax (“Taxes”) arising from use of their software and services. You are responsible for determining any and all taxes that have been assessed, incurred, or that must be collected, paid, or withheld for any reason. The User is solely responsible for collection, withholding, reporting, and remittance of correct taxes to the pertinent tax authority. We are not obligated to calculate, collect, report, or remit any tax to any tax authority, derived from any transaction, nor will we determine whether taxes apply.

  1. Other Provisions

Except as expressly provided in this Agreement, these terms are a complete statement of the agreement between you and TOTALCOIN, and describe the total liability of the Company and its sellers and suppliers (including processors) and the exclusive remedy you have with respect to your access and use of the Service. In case of conflict between this Agreement and any other agreement or policy of TOTALCOIN, this Agreement shall prevail on the matter. If any provision of this Agreement is invalid or unenforceable under current legislation, then it shall be modified and interpreted to fulfill the objectives of such provision to the greatest extent possible under applicable law, while the remaining provisions shall continue in full force and effect. Headings are included for convenience only and shall not be considered in interpreting this Agreement. This Agreement does not limit any right that TOTALCOIN may have under trade secret, copyright, patent, or other laws. TOTALCOIN’s failure to enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision. No waiver of any term of this Agreement shall be considered a subsequent or continuing waiver of such term or any other term.

23 bis. PIX Service – Cross-Border Payments with Brazil

23 bis.1. Description of PIX Service. TOTALCOIN offers its merchant Users the possibility of receiving payments via PIX, the instant payment system created and managed by the Banco Central do Brasil (BACEN). PIX allows Brazilian tourists and residents with a valid Cadastro de Pessoas Físicas (CPF) to make payments to participating Argentine merchants, by scanning a QR code generated by TOTALCOIN. Operations are processed in real time through the PIX system infrastructure and authorized intermediary processors.

23 bis.2. Payer eligibility requirements. The PIX service is available exclusively for payments originated by natural persons holding a valid CPF (Cadastro de Pessoas Físicas) issued by the Federative Republic of Brazil, or legal entities with a valid CNPJ (Cadastro Nacional da Pessoa Jurídica). TOTALCOIN does not guarantee service availability for payers who do not meet these requirements, and shall not be liable for rejection of operations originating from the payer’s non-compliance with this requirement. The merchant User accepts that it is their responsibility to inform their customers about the service’s conditions of use.

23 bis.3. Fees and launch promotion. Operations carried out via PIX are subject to the current fee published at www.totalcoin.com. As a promotional measure, during the calendar month of User enrollment in the PIX service and the two (2) subsequent calendar months, the applicable commission will be 0% plus VAT. After said promotional period, the current transactional commission for PIX operations, 2%, will automatically apply. The promotion is personal and non-transferable, not combinable with other promotions, and subject to terms and conditions available at www.totalcoin.com. TOTALCOIN reserves the right to terminate the promotion at any time, with prior notice to the User.

23 bis.4. Currency of credit. Funds received via PIX operations will be credited to the User’s TOTALCOIN Account denominated in Argentine Pesos (ARS), in accordance with the exchange rate applicable at the time of the operation, as determined by the intervening processor and current exchange regulations. TOTALCOIN does not guarantee a specific exchange rate, and the User accepts risks derived from exchange rate fluctuations between the Brazilian Real (BRL) and the Argentine Peso (ARS).

23 bis.5. Crediting and third-party intervention. PIX operations are processed in real time by the BACEN system. Notwithstanding the foregoing, crediting of funds to the User’s TOTALCOIN Account is subject to operational timeframes of intervening intermediary processors and current Argentine exchange regulations. TOTALCOIN does not guarantee specific crediting timeframes in case of failures, scheduled or unscheduled maintenance, operational restrictions of the PIX system, or instructions from Argentine or Brazilian regulatory authorities. In such cases, TOTALCOIN will make its best efforts to inform the User and manage resolution in the shortest possible time, without this generating liability for TOTALCOIN for damages that may arise.

23 bis.6. Exchange and tax regulations. Operations carried out via PIX may be subject to current Argentine exchange regulations issued by the Central Bank of the Argentine Republic (BCRA) and applicable regulations of the Banco Central do Brasil (BACEN), as well as tax regulations of both countries. The User is exclusively responsible for verifying compliance with their fiscal and tax obligations —national, provincial, and municipal— corresponding to income from PIX operations, including without limitation issuance of fiscal receipts, declaration before AFIP and other competent bodies. TOTALCOIN assumes no responsibility whatsoever for User’s non-compliance with said obligations.

23 bis.7. Chargebacks and reversals in PIX operations. Without prejudice to the provisions of clause 3.9, in the specific case of PIX operations, the User acknowledges that the BACEN PIX system admits refund requests initiated by the payer within timeframes provided by current Brazilian regulations. Upon a refund or reversal request for a PIX operation, TOTALCOIN will proceed according to instructions from the intervening processor and applicable regulations, and may debit the corresponding amount from the User’s TOTALCOIN Account. The User accepts this mechanism and undertakes to maintain sufficient funds in their account to cover possible reversals.

23 bis.8. Prevention of money laundering and financing of terrorism (AML/CFT). By virtue of its status as an Obliged Entity before the Financial Information Unit (UIF) and in accordance with clauses 1.3, 1.4, and 1.5, TOTALCOIN may request additional information and documentation from the User regarding PIX operations that present unusual patterns or exceed thresholds established in current regulations. TOTALCOIN reserves the right to block, reject, or suspend PIX operations upon indications of suspicious activities, without this generating liability for TOTALCOIN towards the User.

23 bis.9. Operational limits. TOTALCOIN may establish minimum and maximum limits per operation and per period for transactions carried out via PIX, which will be communicated to the User with reasonable advance notice and published at www.totalcoin.com. Said limits may be modified at any time, entering into force upon notification. Additionally, the BACEN PIX system imposes its own operational limits, which are beyond TOTALCOIN’s control.

23 bis.10. Security and anti-fraud. TOTALCOIN implements anti-fraud security mechanisms for PIX operations. However, the User acknowledges that it is their responsibility to verify, to the extent possible, the legitimacy of received operations and immediately report any suspicious operation to TOTALCOIN through enabled channels. TOTALCOIN may retain funds and/or return amounts to the source account in cases where fraud is suspected, as provided in clause 1.3 of this Agreement.

23 bis.11. Modifications and discontinuation of PIX service. TOTALCOIN may modify, suspend, or discontinue the PIX service at any time, whether due to its own decisions, regulatory changes in Argentina or Brazil, instructions from BCRA or BACEN, or force majeure causes. In such cases, TOTALCOIN will notify the User as far in advance as possible, without this generating any right to indemnification or compensation in favor of the User, unless the modification is exclusively attributable to TOTALCOIN and generates direct and proven damage.

  1. Notifications

Notifications shall be valid at the email addresses established by the Company and the User. The email address used for User registration operates as a legal domicile, within the scope of Art. 75 of the Civil and Commercial Code of the Nation, and shall be presumed received no later than five business days after being sent, this medium being understood as sufficient and formal.

  1. Jurisdiction and Applicable Law

The place of performance of the service is established as the Autonomous City of Buenos Aires, and the application of Argentine law to the exclusion of any rules on conflicts of laws.

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