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Términos y condiciones

PLEASE READ THIS TERMS AND CONDITIONS AGREEMENT (THE “TERMS OF USE” or “TERMS OF SERVICE”) CAREFULLY AS IT IS A BINDING AGREEMENT BETWEEN YOU AND CRYPTOLAB S.A. S., hereinafter XCAPIT, with registered office at 350 Rio Negro Street, in the city of Cordoba, province of Cordoba, Argentina, REGARDING YOUR ACCESS TO AND USE OF THE WEBSITE https://xcapit.com/ (the “WEBSITE”) THE APP AND THE NON-CUSTODIAL PLATFORM (Xcapit Wallet Non-Custodial).  By using the Site, and by clicking agree to these Terms of Use, you (1) accept and agree to these Terms and any additional terms, rules and conditions of participation issued by Xcapit and (2) consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES PROVIDED BY XCAPIT.

1. OUR SERVICE: YOU ACKNOWLEDGE AND UNDERSTAND THAT XCAPIT IS A NON-CUSTODIAL PLATFORM AND DOES NOT HAVE ACCESS TO YOUR PRIVATE KEY, IS NOT AN INTERMEDIARY AND IS IN NO WAY YOUR AGENT, ADVISOR OR CUSTODIAN. XCAPIT HAS NO FIDUCIARY RELATIONSHIP OR OBLIGATION TO YOU WITH RESPECT TO ANY OTHER DECISIONS OR ACTIVITIES THAT YOU AFFECT BY USING OUR TECHNOLOGY INTERFACE PLATFORM.WE DO NOT TAKE INFORMATION ABOUT YOU, WE DO NOT HOLD YOUR PRIVATE KEYS OR YOUR ASSETS. OUR NON CUSTODIAL PLATFORM HOSTS DIFFERENT PROVIDERS SUCH AS MOONPAY, TRANSAK, SETTLE, ETC. THROUGH WHICH YOU CAN ACCESS CASH IN – CASH OUT.  THESE COMPANIES HAVE THEIR OWN TERMS AND CONDITIONS AND XCAPIT IS NOT RESPONSIBLE FOR THEM.IN THE SAME WAY, YOU MAY, UNDER YOUR OWN RESPONSIBILITY, ACCESS DIFFERENT DEFI PROTOCOLS (decentralized finance applications) SUCH PROTOCOLS ARE NOT GENERATED BY US AND HAVE TERMS AND CONDITIONS DIFFERENT FROM THOSE OF XCAPIT, FOR WHICH WE ARE NOT RESPONSIBLE.

2. REGISTRATION: The Services provided are only available to persons who have legal capacity to contract and be contracted or are of legal age according to the applicable legislation (in Argentina this means being at least 18 years old). The Services may not be used by persons who do not have such capacity or Users who have been temporarily suspended or permanently banned. Xcapit has no obligation to verify that Users have the right or capacity to use the Site.In order to use our services, you must create a valid account by registering with an email address and password on the Xcapit App. Through the app. You will be able to create your Non-Custodial Wallet (“Xcapit Wallet”) and the address of the wallet will be associated with your email address. Please note that when you create your wallet you will be assigned a mnemonic phrase, this phrase is stored on the device (not on our servers) encrypted with a password provided by the user at the time of Wallet creation. Xcapit has no password backup functionality, this means that the only way you will be able to retrieve your Non-Custodial Wallet is with the mnemonic phrase (consisting of 12 words). For your security, you will be responsible for maintaining the confidentiality and safekeeping of your private key and keystore and will be fully responsible for any and all activities that occur on your account. This recovery phrase, or mnemonic phrase, would allow anyone to “regenerate” your cryptographic wallet on another device, giving them access to all cryptographic balances associated with your private keys.  You agree to notify us immediately of any unauthorized use of your password, account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this paragraph. When you create a wallet, you are strongly advised to take precautions to prevent loss of access to and/or control over your wallet. YOU HAVE COMPLETE CONTROL OF YOUR PASSWORDS AND THEREFORE YOUR FUNDS.

3. PAYMENT AND FEES: Xcapit Wallet Non-Custodial does not currently charge any fees for any of its Services. However, we reserve the right to do so in the future and, in such event, the applicable fees will be displayed before you use any Services to which a fee applies. Once transaction details have been submitted through the Services, we cannot help you cancel or modify your transaction. Xcapit Wallet Non-Custodial has no control over any Ethereum, RSK Polygon or BSC based blockchain and does not have the ability to facilitate any cancellation or modification requests. You must ensure that you have an adequate balance in your wallet and/or gas to complete transactions before initiating a transaction. You acknowledge and agree that we will not be liable for failed transactions due to insufficient funds or gas associated with your Xcapit Wallet account. Taxes. It is your responsibility to determine what taxes, if any, apply to transactions for which you have submitted transaction details through the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that we are not responsible for determining whether taxes apply to your Ethereum-based transactions or for collecting, reporting, withholding or remitting any taxes arising from any virtual currency related transactions.

4. BLOCKCHAIN SERVICES: All proposed virtual currency transactions must be confirmed and recorded on the associated public blockchain of the virtual currency. Such networks are decentralized, peer-to-peer networks, backed by independent third parties, which we do not own, control or operate. We have no control over the Ethereum, RSK, Polygon and BSC networks and therefore cannot ensure that transaction details you submit through our Services will be confirmed and processed. Xcapit Wallet Non-Custodial does not store or transmit virtual currency. We do not store, send or receive Virtual Currency. Any transfers that occur in any Virtual Currency occur on Ethereum, RSK, Polygon and BSC based blockchains and not on a network owned by us. The completion of transactions you initiate through Xcapit Wallet Non-Custodial is also dependent on the availability and operation of the Ethereum, RSK, Polygon and BSC network. Errors or forks in the Ethereum, RSK, Polygon and BSC network may cause transactions you initiate through Xcapit Wallet Non-Custodial to fail. This may mean that the transaction you originally intended to make will no longer be available. Unfortunately, due to the decentralized nature of the Ethereum,RSK, Polygon and BSC network there is no single point of failure, so neither we nor any particular party will be liable to you for any errors or losses you suffer as a result.Xcapit Wallet Non-Custodial is software that (a) generates Wallet addresses and encrypted private keys that you can use to send and receive Ethereum and cryptographically secure related tokens (the “Virtual Currency”); (b) facilitates the sending of Virtual Currency transaction data to Ethereum,RSK, Polygon and BSC based blockchains. The private key is connected to the Non-Custodial Wallet address and, together, can be used to authorize the transfer of Virtual Currency to and from that Wallet address. You are solely responsible for maintaining the security of your private key. You must keep your Non-Custodial Wallet address and private key access information secure. Failure to do so may result in loss of control of funds. Xcapit Wallet Non-Custodial cannot assist with password recovery. Xcapit stores your Wallet Non-Custodial address but does not receive or store your Wallet password, encrypted private key, unencrypted private key or mnemonic (backup) phrase associated with your Wallet. Therefore, we cannot assist you with Wallet password recovery. We cannot generate a new password for your Wallet if you do not remember your original password. If you have not securely backed up any Non-Custodial Wallet addresses and private key pairs maintained in your Wallet, you agree and acknowledge that any Virtual Currency you have associated with such Non-Custodial Wallet address will be inaccessible if you do not have your Wallet password.You agree and acknowledge that we are not responsible for any errors or omissions you make in connection with any virtual currency transactions initiated through the Services. We strongly recommend that you review the details of your transaction carefully before attempting to transfer a virtual currency.

5. YOUR RESPONSIBILITIES: Except to the extent caused by our breach of this Agreement, (a) you are responsible for all activities that occur under your Account, regardless of whether the activities are authorized by you or performed by you, your employees or a third party (including your contractors, agents or end users) and (b) we and our affiliates are not responsible for unauthorized access to your Account. 4.1 Your Use. You will ensure that your use of the Services does not violate any applicable law. 4.2 Your Security and Backup. You are responsible for properly configuring and using the Services and for taking appropriate steps to secure, protect and back up your Accounts and Your Content in a manner that provides adequate security and protection, which may include the use of encryption. 4.3. You are responsible for maintaining the security of Your private key and private key access information. Failure to do so may result in loss of control of funds.

6. THIRD PARTY SERVICES AND CONTENT: Xcapit Wallet Non-Custodial allows you to access and use certain distributed applications (“Dapps”) and cryptocurrency trading platforms (“Crypto Exchanges”) on the Ethereum network, RSK, Polygon and BSC that are integrated with or compatible with Xcapit Wallet. These Dapps and Crypto Exchanges are provided by third parties that are not related to Xcapit, and we are not responsible in any way. Your use of Dapps and Crypto Exchanges will be subject to terms and conditions different from ours, which are available on the relevant websites.Not all crypto exchanges and Dapps support all types of crypto assets. Before initiating any transaction through Xcapit Wallet, you must ensure that the cryptoassets you are sending are compatible with the recipient’s wallet. You will not be able to recover any cryptoassets you have sent, and we will not be liable to you for any losses you suffer as a result of the recipient rejecting cryptoassets you send as incompatible or unsuitable.

7. ACCOUNT SUSPENSION: Generally. We may suspend Your right to access or use any part or all of the Services immediately upon notice to You if We determine: (a) that Your use of the Services (i) poses a security risk to the Services or any third party, (ii) could adversely affect our systems, the Services or the systems of any other user, (iii) could subject us, our affiliates, or any third party to liability, or (iv) could be fraudulent; (b) You or any End User is in breach of this Agreement.

8. USE OF THE XCAPIT PLATFORM: Do not use our Services to violate any law. You agree that you will not violate any law when using our Services. This includes any local, provincial, state, federal, national or international law that may apply to you. You agree that you will not use our Services to pay for, support, or participate in illegal activities including, but not limited to, illegal gambling, fraud, money laundering, or terrorist activities. If we find that you have violated this Agreement or other regulatory requirements including, but not limited to, the Bank Secrecy Act, by engaging in money laundering or financing terrorist activities, we will take proportionate disciplinary action. In addition, you agree not to encourage or induce any third party to engage in any of the activities prohibited in this Section. Do not interfere with any third party’s use of the Services. You agree that you will not use or attempt to use another user’s wallet without authorization or use our Services in any way that may interfere with, disrupt, adversely affect, or inhibit other users from fully enjoying it. Do not attempt to harm our system. You agree not to distribute any viruses or other harmful computer code through Xcapit Wallet. You also agree not to take any action that may impose an unreasonable or disproportionately large load on our infrastructure or that of any of our third-party providers. Do not attempt to circumvent our security. You agree not to circumvent or attempt to circumvent any measures we may use to prevent or restrict access to the Services, including but not limited to other accounts, computer systems or networks connected to the Services. Any use of Xcapit Wallet Non-Custodial other than as specifically authorized in this Agreement, without our prior written permission, is strictly prohibited and will terminate your license to use Xcapit Wallet.

9. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES: While we make every effort to ensure that the features and functionality of the Xcapit Non-Custodial Wallet are of a reasonably satisfactory standard and match the descriptions we have provided to you. However, access to applications, services and networks operated by third parties are beyond our control. As we do not own or produce third party applications, services or networks, we cannot be responsible for them in any way or promise that Xcapit Wallet Non-Custodial will always be compatible with such third party services. We will use our best efforts to ensure that any elements of Xcapit Wallet Non-Custodial that require a connection to the Internet and the Ethereum, RSK, Polygon and BSC networks are always available to you. However, due to the nature of the Internet, the Ethereum, RSK, Polygon and BSC network and technology in general, such functions may not be available if we need to perform any emergency or scheduled maintenance on our systems. This means that we cannot promise that your use of those Non-Custodial Wallet functions will always be uninterrupted, without delay, error-free or meet your expectations. We will notify you of any planned interruptions; however, we may not be able to do this if the interruptions are caused by circumstances beyond our control. To the extent we are able to do so, we exclude any commitments that may be implied by law. In the case of claims arising out of the provision of the Xcapit Non-Custodial Wallet, our liability to you will never be greater than the amount you have paid to us, in the event that you have not paid us any money, we will have no liability to you. In all cases, we will never be liable for any loss or damage which is not reasonably foreseeable or which is caused by your breach of these Terms of Service. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time you downloaded the Wallet, both we and you knew it might happen.  You release us from any and all liability related to loss, damage or claims arising from: (a) user error, such as forgotten passwords, incorrectly constructed transactions or misspelled virtual currency addresses; (b) server failure or data loss; (c) unauthorized access to the Xcapit Wallet application; (d) bugs or other errors in the Xcapit Wallet software; and (e) any unauthorized activity by third parties, including, without limitation, the use of viruses, phishing, brute force or other means of attack against Xcapit Wallet. We make no representations regarding any Third Party Content included in or accessed through our Services. Any other terms, conditions, warranties or representations associated with such content are solely between you and such organizations and/or individuals.

10. TIME LIMITATION ON CLAIMSY: ou agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arises; otherwise, your claim will be permanently barred.

11. CHANGES TO TERMS AND CONDITIONS: Changes will generally occur due to new features being added to Xcapit Non-Custodial Wallet, changes in the law or when we need to clarify our position on something. Normally, we will try to give notice before new terms come into effect. However, sometimes it will be necessary to make changes immediately and, if this happens, we will not give you notice.

12. GOVERNING LAW: No matter where you are located, the parties agree that disputes arising out of these terms of use shall be governed by the laws of the Republic of Argentina. The Parties will use their best efforts to amicably settle any dispute, controversy or claim arising between them in connection with the interpretation and/or enforcement of these “Terms of Use” or “Privacy Policy”. If, in spite of the foregoing, either of the Parties considers that the controversy cannot be amicably settled through negotiations, the parties expressly agree to the jurisdiction of the Civil and Commercial Courts located in the City of Córdoba, Province of Córdoba, Argentina, and waive any other jurisdiction that may correspond to them.

13. QUESTIONS OR COMMENTS: We welcome comments, questions, concerns or suggestions. Send us messages through Instagram, Telegram or Twitter. If you need to contact us regarding these Terms of Service or any other document referred to in these Terms of Service, please email us at legal@xcapit.com. We value hearing from our users and are always interested in hearing about ways we can improve Xcapit’s Non-Custodial Wallet.Xcapit Wallet Non-Custodial allows you to access and use certain distributed applications (“Dapps”) and cryptocurrency trading platforms (“Crypto Exchanges”) on the Ethereum network, RSK, Polygon and BSC that are integrated with or compatible with Xcapit Wallet. These Dapps and Crypto Exchanges are provided by third parties that are not related to Xcapit, and we are not responsible in any way. Your use of Dapps and Crypto Exchanges will be subject to terms and conditions different from ours, which are available on the relevant websites.Not all crypto exchanges and Dapps support all types of crypto assets. Before initiating any transaction through Xcapit Wallet, you must ensure that the crypto assets you are sending are compatible with the recipient’s wallet. You will not be able to recover any crypto assets you have sent, and we will not be liable to you for any losses you suffer as a result of the recipient rejecting crypto assets you send as incompatible or unsuitable.