Terms of Use

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2.0

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General terms and conditions of use for Azify's online services, for the website azify.com, for the Azify application, and for third-party applications using the Azify platform ("Terms of Use").

The Terms of Use presented regulate the use of the platform made available by AZIFY LTDA., a limited liability company, registered in the National Registry of Legal Entities of the Ministry of Finance ("CNPJ/MF") under No. 52.491.106/0001-39, headquartered at Rua Leopoldo Couto Magalhães Júnior, No. 758, 14th floor, Itaim Bibi, São Paulo/SP, CEP 04.542-000, with its constitutional documents duly registered with the Board of Trade of the State of São Paulo ("JUCESP") under NIRE 35262376422 ("Azify"), through its website and applications for mobile devices, available in the main app stores.

By using the services offered, the user agrees to all the conditions of these Terms of Use and other rules mentioned herein, taking full responsibility for all acts performed when using our services.

Through this instrument, you authorize Azify to register and share your data with payment institutions, financial institutions, and other institutions authorized by the Central Bank of Brazil ("BCB"), for the purpose of subsidizing procedures aimed at fraud control and prevention as referred to in Joint Resolution BCB No. 6, of May 23, 2023 ("Joint Resolution BCB No. 6").

If the user does not agree with any of the terms and conditions established, they must not use the services.

1. About Azify

1.1. Azify is a technology company that develops and licenses solutions for the traditional financial market and for applications related to blockchain technology. Through its technological platform, Azify provides tools that optimize financial processes, promoting agility and efficiency, without directly performing financial services ("Azify Platform").

1.2. Azify provides, among others, technological infrastructure that allows its partners to integrate, through licensing, support features for the offer of financial services, in the Banking-as-a-Service ("BaaS") model, operated exclusively by AZIMUT BRASIL DISTRIBUIDORA DE TÍTULOS E VALORES MOBILIÁRIOS LTDA., a financial institution registered in the CNPJ/MF under No. 18.684.408/0001-95, headquartered at Rua Leopoldo Couto Magalhães Jr., No. 758, 14th floor, Itaim Bibi, in the city of São Paulo, state of São Paulo, CEP 04542-000, with its constitutional documents duly registered with JUCESP under NIRE 35231433106 ("Azimut"). 

1.2.1. Azify is not a financial institution, payment institution, or other entity subject to authorization by the BCB, nor does it perform regulated or exclusive activities of these institutions. Within the scope of the Azify Platform, developed and licensed by it, Azify acts exclusively as a technology infrastructure provider, enabling integration between BaaS service takers and providers. 

1.2.2. Thus, it should be clarified that (i) all financial services offered on the Azify Platform are solely and exclusively provided by Azimut, responsible for opening, managing, and maintaining payment accounts, as well as settling transactions and fully complying with applicable regulatory rules and requirements, and (ii) users who access and use the financial services available on the Azify Platform are considered clients of Azimut ("User").

2. Introduction

2.1. These Terms of Use represent an agreement between the Users and Azify, which will also guide relations between Users and integrated service providers of Azify, when applicable.

2.2. Denying or not following any established conditions in this document may result in the termination of the User's account and profile, as well as the adoption of appropriate legal measures provided by the Brazilian legal system.

2.3. The User of the Azify Platform agrees that Brazilian legislation governs the current contract, as well as regulates any claim or dispute that may arise from the commercial relationship governed by this document.

2.4. Considering that Azify operates in partnership with Azimut, it must be acknowledged that Azimut is responsible for opening and maintaining user payment accounts ("Accounts"), possessing the legal prerogatives to act, especially regarding the possibility of preventive blocking and the cancellation of Accounts and transactions performed through the Accounts. 

2.4.1. Thus, the User declares consent to the Terms of Use and Privacy Policy of the highlighted institution, which may be changed from time to time, available at the link: https://www2.azimutbrasil.com.br/regras-e-parametros-azwealth/ 

2.5. Considering that Azify and Azimut operate in partnership with BANCO TOPÁZIO S.A., a private financial institution, with headquarters at Rua 18 de Novembro No. 273, Suite 801, Navegantes neighborhood, Porto Alegre/RS, CEP 90240-040, registered with CNPJ under No. 07.679.404/0001-00 ("Pix Partner" and, in conjunction with Azimut and the Card Partner, the "Financial Partners"), to provide services related to Pix, being responsible for executing financial transactions within the scope of the Instant Payment System (Pix), the User declares consent to the terms of use and privacy policy of the highlighted institution, which may be changed from time to time, available at the link: https://bancotopazio.com.br/politica-de-privacidade 

2.6. The individual User expressly declares, under the penalties of the law, that they have full civil capacity, under terms of Law No. 10.406, of January 10, 2002, as amended ("Civil Code"), being over 18 (eighteen) years of age, and that they are legally fit to consent to these Terms of Use. They further declare to have read, understood, and accepted, freely, spontaneously, and unequivocally, all conditions, obligations, and responsibilities stipulated herein.

2.7. The corporate User expressly declares, through their duly authorized legal representative, that they are regularly constituted and in good standing with competent authorities, under terms of applicable law. They further declare that the legal representative(s) expressing agreement with these Terms of Use possess sufficient powers to bind it, and that they have read, understood, and accepted, freely, in an informed, and unequivocal manner, all conditions, obligations, and responsibilities stipulated herein.

2.8. By adhering to these Terms of Use, the User expressly, freely, and unequivocally declares to have read, understood, and agreed entirely with all provisions set forth herein, including the following specific conditions:

  1. Azify Privacy Policy, updated from time to time, available at https://azify.com/legal/privacy-policy;

  2. Azify Cookies Policy, updated from time to time, available at https://azify.com/legal/cookies-policy;

  3.  Azify and its Financial Partners may perform inquiries regarding the user in the Credit Information System ("SCR") of the BCB, as well as submit information to the SCR in accordance with current regulations; 

  4. Azify and its Financial Partners may consult information about the user made available by the BCB regarding exchange operations; 

  5. Azify and its Financial Partners may perform inquiries regarding the user in the Positive Registry; 

  6. Azify and its Financial Partners may perform inquiries regarding the user concerning receivables from centrally settled payment arrangements of their company and its branches, which may be kept in the BCB database; 

  7. Azify and its Financial Partners must, in compliance with Brazil's applicable laws, share User data and information in certain situations, particularly regarding Joint Resolution BCB No. 6; and 

  8. Azify and its Financial Partners may send advertising content materials to the User.

3. Definitions

3.1. Without prejudice to other definitions attributed in these Terms of Use, the words below, when used in the singular or plural, shall have the following meanings:

  1. Applications: are internet applications such as, for example, website or mobile application, made available so that the User can manage their Account, in the manner provided in these Terms of Use.

  2. Brand: is MasterCard, institutor of direct payment arrangements, responsible for the brand and physical and digital systems that allow card issuance and its use at Establishments, in accordance with Law No. 12.865/2013 and its own regulation available at https://www.mastercard.com.br/pt-br/visao/quem-somos/termos-uso.html

  3. Communication Channels: are the official channels for communication between the Holder and Azify for matters related to the use of the services described here, whereas any other communication channel not described here, or in the applications, is not considered an official channel, and therefore, should not be used. The communication channels are as follows: 

  1. Online Chat: https://azify.com/help 

  2. Email: The official contact email is [email protected]

a. Online Chat: Present in the lower-right corner at the link https://business.azify.com/
b. Email: The official contact email is [email protected]
c. Telephones: Customer Support São Paulo and Region: (11) 3016-1867; Other regions: 0800 205 3108. Customer service Monday through Friday, from 9 AM to 6 PM, Brasília time (except holidays). 
d. Ombudsman: 0800 718 7831 - Customer service Monday through Friday, from 9 AM to 6 PM Brasília time (except holidays). 

  1. Card: is a physical and/or virtual card that, at the discretion of Azify and the respective Financial Partner, may be offered to the User to enjoy the Services.

  2. Chargeback: is the debt dispute procedure through which the user declares not recognizing an expense made with their Card. Once the Chargeback is accepted, a deposit will be made into the Holder's Account, within the period informed by the Communication Channels.

  3. Pix Key: is the information indicated by the Holder to identify their Account within the scope of Pix, which may consist of a CPF or CNPJ number, mobile phone number, email address, and/or a random key, of free choice of the Account Holder. The Holder may register up to 5 (five) Pix Keys for their Account. The Pix Key(s) allow one of the parties involved in a payment transaction to obtain the other party's information stored in the Transaction Account Identifier Directory (DICT), managed by the Central Bank of Brazil, and perform payment transactions within the scope of Pix.

  4. Account: is a prepaid payment account managed exclusively by Azimut, destined for the execution of payment transactions in electronic currency. Azify acts only as provider of the technology that allows access to the Account.

  5. Establishment: any supplier of products and/or services that is qualified to accept payments with your Card, in Brazil and/or abroad, in physical stores or via online.

  6. Pix Partner: is BANCO TOPÁZIO S.A., responsible for the execution of financial transactions within the scope of the Instant Payment System (Pix), wherein the user declares consent to the terms of use and privacy policy of the highlighted institution, available at the link: https://bancotopazio.com.br/politica-de-privacidade 

  7. Commercial Partners: are the diverse operational and commercial partners of Azify, whose activities are integrated into our Services, subject also to specific terms of use and charging of specific fees and tariffs, as they are triggered. The use of a product or service from one of the Commercial Partners automatically implies acceptance of the corresponding terms of use, without any interference or liability of Azify. 

  8. You, Holder or User: Natural or Legal Person, adhering to these Terms of Use, holder of the Account, who uses Azify services and/or promotes services in favor of third parties, by performing transactions in their account.

4. Services

4.1. Azify is a technology company that provides the Azify Platform to facilitate Users' access to financial services offered exclusively by its Financial Partners duly authorized by the BCB, such as financial and payment institutions. Azify does not, directly or indirectly, perform activities that are exclusive to institutions authorized to operate by the Central Bank of Brazil. The services made available on the platform allow the movement of financial resources and the execution of payment transactions, all such activities being performed and managed entirely by Azify's Financial Partners. Azify acts only as a technology infrastructure provider that enables the use of these services. To use them, the Holder must register on some internet applications, such as the website or the "Azify" app, by providing required information for their case, as set forth in item 5.2 below.

4.2. Access to Services is directed only to natural persons over 18 (eighteen) years of age, who are fit to hold a bank account in Brazil, with full legal capacity, and to legal entities when duly registered with registration authorities and represented under terms of their respective constitutional documents. The Services will be used exclusively by the individual Holder or, in case of Accounts held by legal entities, use will be limited to authorized person(s) to operate the Account on behalf of the Holder.

4.3. In addition to the costs and fees applied by Azify for using the platform, some specific features or products offered by the Services may be subject to additional fees defined exclusively by the Commercial Partners, as the case may be. Azify does not interfere in the definition or collection of these additional costs, it being the User's responsibility to check the conditions applicable to each service.

4.4. The User acknowledges that the Account may, at the exclusive discretion of Azify's Financial Partners, which acts only as a technological intermediary, be remunerated based on the available balance, without any additional burden to the Holder, who, by these Terms of Use, accepts receiving any generated earnings, which are subject to tax incidence. 

4.5. Services related to Cryptoasset Exchanges

4.5.1. Azify makes its Azify Platform available so that partner cryptoasset exchanges can offer their clients an integrated and efficient experience in managing payment accounts and related transactions.

4.5.2. Every client of a partner cryptoasset exchange using the services of the Azify Platform must, obligatorily, open and maintain a Payment Account under their ownership with the financial institution AZIMUT BRASIL DTVM LTDA ("Azimut"), which will be opened, managed, and maintained exclusively by Azimut, under the terms of applicable law and Central Bank of Brazil regulations. By accepting these Terms of Use, the client declares to be aware that they are requesting the opening of their Payment Account at Azimut, through Azify's integrated infrastructure, to enable their transactions with the exchange.

4.5.3. Each client will have a dedicated payment account for each cryptoasset exchange on which they are registered. Azimut will be responsible for the custody and movement of values in these accounts, as well as for compliance with all legal and regulatory obligations applicable to financial activities.

4.5.4. Azify does not perform, directly or indirectly, the purchase, sale, or intermediation of cryptoassets within the scope of services provided to partner exchanges for their clients. 

4.5.5. The partner exchanges are solely responsible for their operations with cryptoassets, including purchase, sale, intermediation, custody, and any other related activity, exempting Azify from any liability for these services. Azify has no direct access or interference in transactions carried out with cryptoassets.

4.5.6. Opening a payment account with Azimut is essential to enable the use of Azify's platform and access to financial services provided by Azimut. Customers of exchanges must be aware that all financial movements associated with cryptoassets are intermediated by Azimut, which acts in compliance with applicable regulations.

Any and all customer service related to the use of Accounts, financial transactions carried out through the Azify Platform, as well as the features and financial services made available, must be carried out exclusively through Azimut's official service channels, as the institution providing BaaS services. Azify does not perform direct customer service to the User, being solely responsible for making the technological infrastructure available that enables the operation of the Azify Platform. Any demands from the User that are strictly related to technical or operational aspects of the Azify Platform, with no relation to financial services, will be evaluated by Azimut, which, if applicable, will pass them on to Azify for resolution and subsequent return to the User, always through Azimut's own channels.

5. About the Account

Accounts available through the Azify Platform are offered and managed exclusively by Azimut. 

The User may, through the Azify Platform, make contributions, transfers, and payments, as well as check movements, statements, and receipts immediately. All financial services offered on the platform are performed exclusively by the financial partners, with Azify acting as a technological intermediary.

5.1. Digital Account

5.1.1. To use the Services, the User must register through the Applications, providing information and documents requested by the financial partners responsible for managing the accounts.

5.1.2. Azify does not manage the accounts, being responsible only for the technology supporting the services offered by its partners. The management of the accounts is carried out by Azimut.

5.1.3. The User declares that they are civilly capable of agreeing to the terms established in these Terms of Use, and will never use Azify's platform for any unlawful activity, including, but not limited to, money laundering and other illegal activities linked to the financial system.

5.1.4. The User is solely responsible for all activities executed in their account and for maintaining the confidentiality of any access data, account number, banking details, or other sensitive data provided by the client or by Azify to access the platform.

5.1.5. The Payment Account and Debit and/or Credit Card information associated with it, as well as the electronic password, represent the User's digital signature, being, therefore, of a confidential, personal, and untransferable corporate nature, and cannot be provided or transferred in any way to third parties, exempting Azify and Azimut from any and all liability for damages resulting from the undue use of the digital signature.

5.1.6. Azify may contact the user to discuss matters related to the platform and/or its content.

5.2. Account Opening

5.2.1. The prepaid payment account, offered through Azify's platform, is opened and managed exclusively by AZIMUT BRASIL DISTRIBUIDORA DE TÍTULOS E VALORES MOBILIÁRIOS LTDA. (bank number 562). Azify provides only the technological infrastructure needed to enable account access and movement. 

5.2.2. If the User is an Individual, the following information and documents will be collected, for the purposes highlighted below:

Information Collected

Purpose

Full name, preferred name (if applicable), nationality, gender, CPF, date of birth, mother's name, marital status, spouse or partner's name (if applicable), profession/occupation, monthly income, equity, Politically Exposed Person (PEP) statement, or relationship with a PEP.

• Identify and authenticate the Payment Account Holder.

• Comply with legal and regulatory obligations, including rules for prevention of money laundering and financing of terrorism.

• Allow opening and risk-based categorization of the Payment Account.

• Meet record-keeping requirements provided in the Brazilian Civil Rights Framework for the Internet (Marco Civil da Internet).

• Ensure data portability possibility, as per art. 18 of LGPD.

• Prevent fraud, misuse, and guarantee registration integrity.

• Enable access to other products and services linked to the Account.

Complete residential address

• Establish formal communications with the Holder.

• Send official notifications and correspondence.

• Contact in case of suspected fraud or irregular use of the Account.

Email address and 

phone number

• Validate contact means for authentication and ongoing communication with the Account Holder.

• Allow sending of alerts, notifications, authentication codes, and contractual updates.

Requested Documents

Official photo identity document (RG, CNH, Passport, RNE, CRNM, or DNI)

• Identify and authenticate the Holder.
• Enable opening of the Payment Account.
• Comply with legal and regulatory obligations.
• Prevent fraud and guarantee onboarding process integrity.

Facial recognition (image captured by front camera of device)

• Confirm Holder's identity and physical presence.

• Prevent fraud, unauthorized access, and ensure compliance with biometric verification protocols.

Note: Whenever acting through a legally constituted attorney-in-fact, whether at the time of opening the Payment Account or by a subsequent decision of the Holder, it will be mandatory to present a power of attorney with a notarized signature or electronically signed with legal validity, preferably via an ICP-Brasil digital certificate or through the gov.br platform. The power of attorney must contain specific powers for representation before Azimut and Azify. In addition, all registration data and documents required of the Account Holder must be forwarded. The attorney-in-fact, in turn, must provide their own identification data and undergo the facial recognition process, under the same terms applicable to the Holder.

5.2.3. Corporate Payment Account opening requires prior registration on the App or website azify.com and submitting the registration data and documents listed below, in order to enable identification of the company, its representatives, and ultimate beneficial owners, under applicable legislation:


Information Collected

Purpose

Registration Details

Company name, trade name, CNPJ registration number, business type, company size, revenue, list of partners or shareholders.

• Identify and authenticate the legal entity holding the Payment Account.

• Allow opening and categorization of the Account according to risk profile.

• Comply with legal and regulatory obligations, including rules for prevention of money laundering and financing of terrorism.

• Meet record-keeping requirements under the Brazilian Civil Rights Framework for the Internet.

• Ensure data portability possibility, as per art. 18 of LGPD.

• Protect against fraud and related offenses.

• Enable access to products and services linked to the Account.

Complete commercial address

• Establish formal communications with the company.

• Send official notifications and correspondence.

• Contact in case of suspected fraud or irregular use of the Account.

Email address and phone number

• Validate contact means for authentication and ongoing communication with the Account Holder.

• Allow sending of alerts, notifications, authentication codes, and contractual updates.

Requested Documents

Document

Applicability

Purpose

Social Contract and latest consolidated amendment, or Bylaws with Minutes of the latest board election, as applicable.

Every legal entity

Prove legal constitution and representation; meet registration and regulatory requirements.

Proof of commercial address (issued within maximum of 90 days)

Every legal entity

Confirm company location and enable official notifications.

Balance Sheet and DRE of the latest fiscal year, or IRPJ Statement; or, for pre-operational companies, revenue projection signed by accountant.

Every legal entity

Evaluate financial capacity and compatibility with expected transactional volume.

Identification of partners with equal/higher share of 25%, ensuring that the sum of identified shares reaches at least 80% of company capital; if there is a corporate partner, equivalent documents must be submitted up to the 3rd layer.

Every legal entity

Ensure traceability of ownership chain up to Ultimate Beneficial Owners (UBOs), as per AML/CFT rules.

Photo ID document of partner(s) (RG, CNH, Passport, RNE/RNM, CRNM, or DNI)

Partners with share equal/higher than 25% and all administrators (QSA)

Identify ultimate beneficial owners and legal representatives.

Proof of residential address of partner(s) (latest 90 days)

Partners with share equal/higher than 25% and all administrators (QSA)

Validate the residence of legal representatives.

IRPF Statement or equivalent of the latest 12 months of partner(s) with share equal/higher than 25% and all administrators (QSA)

Mandatory only if company operates with cryptoassets or according to risk analysis conducted by Azify

Verify asset consistency of QSA members; complement financial integrity analysis.

AML/CFT Policy signed by lawyer or compliance professional with proven academic or technical education in the sector.

Mandatory only for companies operating with cryptoassets

Prove existence of internal compliance controls and regulatory compliance.

Federal Revenue Good Standing Certificate (IN RFB No. 1.888/2019 – latest 90 days)

Mandatory only for companies operating with cryptoassets

Prove compliance with obligations to report cryptoasset operations to Federal Revenue. The company must keep this proof properly updated by monthly sending delivery proof of said declaration.

Facial recognition (image captured by front camera of device)

Mandatory for legal representatives who will be Payment Account Holders and for any formally constituted attorney-in-fact who wishes account access

Confirm identity and physical presence of authorized representatives before the institution; prevent fraud and unauthorized access.

5.2.4. The User declares that Personal Information voluntarily provided at registration is correct, complete, and true, committing to always keep them updated in the Applications. The User will be responsible for any outcome or loss resulting from inaccuracy, incompleteness, or falsehood of information provided, or lack of updating of such information.

5.2.5. Azify, as technology provider, and financial partners are not responsible for the veracity of Personal Information provided by the User. If false, incomplete, incorrect, or misleading information is identified, preventing User identification, or signs of fraud and operations that may fall under Law No. 9.613/98 (which disposes on crimes of money laundering or omission of assets, rights, and values), Azify's financial partners, supported by Azify's technology platform, may:

  1. request clarifications and additional documentation they deem necessary for correct proof of information provided, for registration validation or for movements carried out through the Account, and may even refuse to validate any registration, at their sole discretion;

  2. automatically delete your registration, suspend or cancel your permission to use the Services, if requested clarifications or information are not satisfactorily submitted by the Holder, to the respective solicitor, within period defined by the solicitor; and/or

  3. hold the owner responsible civilly, criminally, and administratively as provided in applicable law.

5.2.5.1. In case of Account cancellation, these Terms of Use will be automatically terminated. The User declares awareness that any available balances may only be transferred to a bank account of their ownership in another financial institution, upon providing required details. If the User does not provide destination account details, Azify's financial partners may, at their sole discretion, deposit the balance in court until the situation is regularized.

5.2.6. Azify's financial partners, as institutions authorized to operate by the BCB, and potential BaaS providers, are solely responsible for full compliance with obligations imposed by Brazilian law, especially BCB Circular No. 3.978/2020, and other applicable AML/CFT and National Financial System protection rules. These practices include, but are not limited to:

  1. Adoption of procedures to ensure due diligence in identification, qualification, and classification of the Account Holder;

  2. Verification of Holder status as politically exposed person (PEP), or representative, family member, or close associate of such persons;

  3. Collection of details on income, revenue, and financial operations carried out by the Holder;

  4. Ongoing monitoring of operations and identification of suspected money laundering or terrorism financing;

  5.  Communication to COAF or other competent authorities, as required by law.

Azify, as technology provider, does not participate in carrying out any regulatory or compliance procedures specific to financial institutions or those authorized to operate by the BCB, nor does it participate in or carry out any analysis, monitoring, or decision-making linked to duties and obligations before the BCB.

Therefore, any demand, question, or request related to compliance processes, including identity verification and identification procedures, registration analysis, blocks, account closures due to regulatory criteria, or communications related to applicable law, must be directed directly to the official channels of the responsible Financial Partner. 

5.2.7. All Personal Information voluntarily provided by the User at registration is subject to security measures protecting them from unauthorized access, use, and disclosure. To learn more on how Azify collects, shares, and processes your Personal Information, please access Azify's Privacy Policy at the following address: 

https://azify.com/legal/privacy-policy.

5.3. Account Access and Operations

5.3.1. After completing and approving registration, the Account identification number will be informed, and the Holder will define a confidential password for personal and non-transferable use.

5.3.2. Account access will be performed exclusively through Azify's Applications, using login and password created during registration.

5.3.3. Password input constitutes unequivocal expression of Holder's will to operate the Account and implies full acceptance of these Terms of Use.

5.3.4. The User is fully responsible for the Account, Services used, and any associated activity. Sharing login and password with third parties or allowing use of Applications and Services by others on your behalf is prohibited. In case of loss, misplacement, or theft of your device, login, and/or password, the Holder must immediately communicate Azify and the responsible Financial Partner so that appropriate security measures can be taken. 

5.3.4.1. The Holder is solely responsible for accesses or operations carried out on the Account, as well as Card misuse by third parties. Azify, as technology platform provider, and its financial partners are not responsible for direct or indirect damages resulting from Holder's misuse or inability when using the Account or Card. If there are signs or evidence of irregular, inadequate, or suspicious use, registration may be suspended or canceled, without prejudice to legal or contractual sanctions.

5.3.5. Azify and/or Partners reserve the right to audit, investigate, and question transactions carried out by the Holder and/or through the Account, based on security and compliance criteria.

5.3.6. If irregular movements are detected in the Account indicating possible use by third parties, the Holder's registration will be preventively blocked for investigation.

5.3.6.1. Once irregular or improper Account use is identified, the Holder will be contacted by Azify. If fraud is confirmed, Azify's partners will adopt appropriate administrative and legal measures, besides implementing additional security procedures to prevent future damage.

5.3.7. If the Holder does not recognize a debit on the Account, they must file a complaint immediately through any official Communication Channel made available by the Financial Partner and Azify.

5.3.7.1. Financial partners may suspend or refuse processing transactions carried out in disagreement with the Terms of Use, without prior notice, to safeguard Account security.

5.3.8. When filing a complaint, the Holder will be requested to detail what happened. The support team will fill out the dispute form and may request additional documents for analysis. If documents are not submitted timely, the case will be closed.

5.3.9. The complaint will be dismissed if the disputed debit originates from fraud resulting from violation of these Terms of Use by the Holder themselves.

5.3.10. The Holder acknowledges that even if the complaint is upheld, the liability of Azify and its financial partners is limited to returning the debited amount, with no further compensation due.

5.3.11. Problems arising from commercial disagreements, such as conditions, features, or quantity of products/services acquired, must be resolved directly with the Establishment. Azify and its partners are not responsible for debits made with Holder's consent.

5.4. Hypotheses of Account Blocking

5.4.1. Azify, in conjunction with its financial partners, adopts procedures to prevent money laundering and improper Account use, according to applicable compliance policies and current regulations.

5.4.2. The Account, resources held in it, and the associated Card may be blocked by Azify's Financial Partners in cases of:

  1. registration inconsistencies;

  2. signs of financial crimes;

  3. operations outside typical use patterns;

  4. misuse of the platform in disagreement with these Terms or applicable law;

  5. suspicion of fraud in operations received via Pix;

  6. delay in payment of amounts due to Azify or partners.

5.4.3. Azify and its partners may preventively suspend or block the Holder's Account and Card in cases of suspected fraud, obtaining unlawful advantage, or failure to comply with conditions in these Terms or legislation.

5.4.3.1. In these situations, no compensation will be due to the Holder. Azify and its partners may adopt recovery actions and other measures needed to protect their interests and ensure compliance with applicable regulations.

5.4.4. The User authorizes Azify's partners to return amounts received via Pix in cases of suspected fraud or operational error, as well as block resources held on the Account up to the total amount of the improper transaction.

5.4.5. In cases of blocking due to suspected fraud, reopening of the same Account will not be permitted. The Holder, however, may request opening a new Account, subject to analysis and approval of Azify's financial partners.

5.4.6. If fraud or attempted fraud by the User is identified, registration will be canceled, and Azify and its partners will adopt appropriate administrative and judicial measures, as provided in the legislation.

5.5. Account Uniqueness

5.5.1. Keeping more than one Account linked to Azify's platform, whether as individual or legal entity, without express authorization of Azify and its financial partners, may result in closure of all accounts related to the same holder.

5.5.2. The creation of a second account of the same holder by financial partners integrated with Azify, regardless of the reason, does not constitute tacit permission for simultaneous use of two accounts. Any exception to this rule requires prior and express authorization of financial partners.

5.5.3. The Account opened and managed by Azify's financial partners, as well as associated access data (login and password), is strictly personal and non-transferable. Any attempt of transfer, sharing, or use by third parties may result in immediate Account closure, prohibition to open new accounts, and adoption of appropriate measures by financial partners, under applicable regulations.

5.5.4. The User acknowledges that Azify is not responsible for violations related to sharing the Account or access credentials, the holder being fully responsible for any damage or loss resulting from these actions, including unauthorized accesses or Account misuse.

5.6. Account Availability

5.6.1. The User declares possessing or having access to minimum hardware and software requirements needed to access and use services offered by Azify's technology platform. Current requirements include:

  • Functional computer with updated operating system;

  • Broadband internet connection;

  • Updated browser with cookies and JavaScript enabled (e.g., Google Chrome, Mozilla Firefox);

  • Valid email address;

  • Sufficient storage space for cookies and cache (minimum 20 MB, 50 MB recommended);

  • Smartphone with recent Android or iOS versions to access the Azify mobile app.

5.6.2. Azify reserves the right to deactivate access to the platform for accounts with no movement or login for a period of 12 (twelve) consecutive months and carrying no available balance, upon prior notification, observing conditions agreed with financial partners responsible for managing these accounts.

5.7. Account Termination

5.7.1. Users wishing to close their Account must, initially, transfer any available funds to an account under their ownership in another financial institution, as per options provided by responsible financial partners. After this, closure must be requested directly in the Azify app, following provided instructions, or via email sent to [email protected], informing their intention to cancel the Account and submitting required validation details and documents.

5.7.2. The User may request opening a new Account, through Azify's website or app, or sending an email to [email protected], observing conditions established by financial partners.

5.7.3. Azify reserves the right to terminate, suspend, or restrict User access to the technology platform in cases of suspected involvement in unlawful or prohibited activities, or in case of violation of these Terms of Use.

5.7.4. Provision of Azify services may be terminated, upon prior communication to the User, in the following hypotheses:

  1. Account inactivity, with no balance, for period exceeding 12 (twelve) consecutive months, observing conditions agreed with financial partners responsible for the Account;

  2. Violation of any provision of these Terms of Use;

  3. Operations outside standard use patterns that are not regularized by submitting requested documents or additional information from financial partners, through Azify's platform;

  4. Holder's death, upon presenting required proof documents.

5.7.5. In case of Account closure, the User may request return of any remaining funds. The return will be carried out by responsible financial partners, upon formal request sent via email to [email protected] and providing a bank account owned by the User for transfer.

5.8. In the context of services provided in the BaaS model, termination of commercial relationship between the Financial Partner (institution authorized by BCB and provider of BaaS services) and BaaS taker may, by exclusive determination of the Financial Partner, result in closure of Accounts linked to that commercial relationship.

5.8.1. Azify, as technology infrastructure provider, has no interference, responsibility, or participation in Account management, administration, blocking, or closure, since such decisions belong exclusively to the financial partner, as BaaS provider, according to its operational, commercial, contractual, and regulatory criteria.

5.8.2. Thus, considering that Azify does not belong to, interfere in, or have any participation in contractual or commercial relationship established between BaaS taker and BaaS provider financial partner, and that Azify's relation is restricted exclusively to Azify Platform licensing, any doubt, question, complaint, or demand related to account closures or financial services discontinuity must be addressed directly and exclusively to the BaaS taker, responsible for managing the commercial relationship with end client, or to the BaaS provider financial partner, as applicable.

6. Card Details

After registration, the User will have access to their Account and may, as applicable, request a Card linked to Azify's technological platform, issued by its duly authorized financial partners. Shipping and delivery time of the Card will be communicated through official Communication Channels, and tracking of delivery can be done using these tools.

6.1. What are the purposes of my card?

6.1.1. As soon as the Card is received, the User must check the information on it. For security reasons, the Card will be delivered blocked, and unblocking must be carried out by the User through Azify's Applications.

6.1.2. The User must observe conditions of payment arrangement regulations applicable to the Card, which may be provided by Partners.

6.1.3. By using the Card, the User will be submitted to Brand rules, as provided in Law No. 12.865/2013.

6.1.4. The Card will enable the User to integrate Mastercard's promotional platform, with access to discounts, offers, and promotions. To operationalize these benefits, financial partners will transmit Holder's personal data and Card number to Mastercard. Sharing will be done in compliance with data protection laws and applicable privacy policies, ensuring security and proper use of information.

IMPORTANT: YOU ARE SOLELY RESPONSIBLE FOR USING AND SAFEGUARDING YOUR PHYSICAL CARD. IT IS RECOMMENDED THAT YOU: (I) KEEP YOUR CARD IN A SAFE PLACE, NEVER PERMITTING ITS USE BY THIRD PARTIES; (II) MEMORIZE YOUR PASSWORD AND KEEP IT CONFIDENTIAL, AVOIDING WRITING IT DOWN OR SAVING THE PASSWORD ON PHYSICAL OR DIGITAL MEDIA, AND; (III) NEVER WRITE DOWN OR KEEP THE PASSWORD ALONG WITH YOUR CARD.

IT IS FURTHER RECOMMENDED THAT YOU DO NOT USE PASSWORDS RELATED TO DATES OR OTHER PERSONAL REFERENCES OF THE HOLDER, AND ROUTINELY CHANGE YOUR PASSWORD AS A SECURITY MEASURE.

6.1.5. If the User performs an authorized transaction even without sufficient balance in the Account, they commit to regularize the amount due within up to 30 (thirty) days after being duly notified via Azify's technological platform, on behalf of Financial Partners responsible for managing the Payment Account.

6.1.6. If payment is not made within the established period, the Financial Partners, responsible for executing transactions, may adopt the following measures, as applicable:

  • Block transactions involving withdrawals;

  • Include Holder's information on credit protection registries, such as SERASA and SPC;

  • Take legal or extrajudicial measures, respecting legal timelines.

6.1.7. In addition, Partners may automatically debit the amount due as soon as there is available balance in the User's Account. After regularizing the debt, any restrictions applied or suspended services may be restored, according to the Partners' criteria.

6.2. I lost the card. What do I do?

6.2.1. In case of loss, misplacement, theft, or robbery of the Card, the User must immediately communicate the occurrence through official Azify Communication Channels. The communication will be forwarded to the responsible Financial Partner, who may temporarily block access to the Account and transactions linked to the Card, until a new login and password are issued.

6.2.2. Reissue of a new Card will be carried out by the responsible Financial Partner, according to timelines and conditions informed by Communication Channels. Additional fees may apply for Card reissue, and these fees will be previously communicated to the User.

6.3. I don't recognize a transaction made with my card. What do I do?

6.3.1. If the User does not recognize a transaction carried out with their Card, they must contact official Azify Communication Channels within a maximum of 90 (ninety) calendar days. The request will be analyzed by the Financial Partner responsible for the operation, according to Brand and Partner rules. The analysis will follow Brand and Partner rules, and Chargeback will be approved only if error or commercial disagreement is proven, provided there is no exclusive fault of the User. Once approved, the amount will be credited to the Account within the timeframe informed by the Partners.

IMPORTANT: YOU ARE AWARE AND AGREE THAT THE CHARGEBACK PROCEDURE WILL ONLY OCCUR FOR TRANSACTIONS PERFORMED WITH THE CARD. CHARGEBACK PROCEDURES WILL NOT BE ACCEPTED FOR TRANSACTIONS MADE THROUGH APPLICATIONS PERFORMED VIA CORRECT LOGIN AND PASSWORD.

6.4. How do I cancel the services?

6.4.1. The User can request Account and/or Card cancellation at any time, using Communication Channels provided by Azify's technological platform. The request will be forwarded to Financial Partners responsible for managing the Account and/or Card for processing.

6.4.2. After the cancellation request, the Card will be blocked and the Account closed within the regulatory period, according to rules applicable to financial Partners. During this period, the User may:

  • Withdraw remaining balance; or

  • Transfer balance to another bank account.

7. Documents and Proof of Life

7.1. The User must provide an official identification document issued by a competent body of their local government (such as an identity card or national driver's license) or a valid passport. The User agrees to present new documents whenever the previously provided ones become invalid or are reissued.

7.2. When requested, the Holder must provide additional information and documents, such as: full name, residential address, date of birth, banking information, taxpayer identification number, proof of residential address, and personal images ("selfies").

7.3. The User authorizes Azify's technological platform to collect facial identification and tracking data, which will be used exclusively to protect their account and strengthen security mechanisms.

7.4. The Holder, when necessary, must perform physical actions to validate their identity, whether through the automated verification system made available on Azify's platform or via video call with an authorized agent.

7.5. The User consents that their personal data, economic-financial data, and other User information in Azify's possession may be shared with third parties, in compliance with the Privacy Policy, including:

  • Azify's Financial Partners and Commercial Partners;

  • Entities belonging to Azify's economic group;

  • Law enforcement agents;

  • Banks and other institutions authorized to operate by the Central Bank of Brazil;

  • Specialized platforms in identity verification and combatting money laundering and financing of terrorism.

7.5.1. To validate authenticity of information and documents provided by the User, and to assist Financial Partners in deciding about product or service approval, Azify may search User records in public and private, national and international databases, on behalf of these Partners.

7.6. The User must keep their contact information, such as emails and phone numbers, always up to date. They must also confirm ownership of any requested contact method through instant links or tokens sent via email or SMS.

7.7. Document requests by Azify are part of its Know Your Customer (KYC) policy and its Financial Partners' efforts to prevent money laundering and terrorism financing, in compliance with active legislation.

7.7.1. The User agrees that their data and documents may be regularly checked against official sanctions lists, ensuring compliance with applicable national and international regulations.

8. Platform

Azify is a technology company that, through its online platform, provides access to a wide range of products and services. Among these are included financial services provided exclusively by duly authorized partners, such as AZIMUT BRASIL DISTRIBUIDORA DE TÍTULOS E VALORES MOBILIÁRIOS LTDA. (CNPJ: 18.684.408/0001-95) in compliance with active legislation. Azify does not provide its own financial services or exclusive activities of entities authorized by the Central Bank of Brazil, acting only as a technological intermediary.

The platform's goal is to offer an efficient and accessible experience, allowing users to intuitively manage their interactions with available products and services. Through the app, it is possible to explore features, access detailed information on each product, and, as applicable, start contracting or request processes directly with partners.

8.1. Platform Features

8.1.1. Azify's platform is subject to continuous improvements and updates, aiming to improve user experience. The company has no obligation to maintain the current structure or layout.

8.1.2. Azify and its partners reserve the right to:

  1. Modify or remove features from applications, adding new ones bringing user benefits, without the need for prior communication or compensation;

  2. Discontinue services temporarily or permanently, upon prior communication. In case of permanent discontinuation, Azify and its partners will guarantee routing of stored values in the platform-linked Account.

8.1.3. Azify adopts security and data protection practices aligned with the best available technologies, including mechanisms to safeguard information in case of incidents. However, users are responsible for keeping regular backups of their data, assuming responsibility for losses caused by errors or disasters beyond Azify's control.

8.1.4. Azify is not responsible for accidental deletion or modification of data carried out by users themselves or third parties improperly using their access credentials.

8.1.5. The company is not obliged to repair losses resulting from user ineptitude when using provided tools, nor is there an obligation to offer training on platform features.

8.2. Platform Availability

8.2.1. Azify and its partners make efforts to ensure ongoing platform availability. However, external factors, such as natural disasters, systemic failures, or actions of third parties, can interfere in operations, such situations being outside of their responsibility.

8.2.2. Azify is not responsible for damage to users' equipment, including those caused by viruses, malicious softwares, or internet connection failures during platform use.

8.2.3. The company will not be responsible for losses or damages arising from errors, failures, or temporary unavailabilities of the platform, including loss of profits.

8.3. Platform Access

8.3.1. Access to the platform is done via login and password, under exclusive responsibility of the user, who must keep them confidential and protected.

8.3.2. The user is responsible for all activities carried out in their account and must notify Azify immediately in case of unauthorized use.

8.3.3. The user commits to not:

  1. Use automated or manual methods to extract or manipulate platform data;

  2. Make use of the platform for illegal or unauthorized activities; and

  3. Modify or interfere with platform functioning or its services.

8.3.4. Inappropriate or unauthorized use of the platform may result in account suspension or cancellation, without need of prior notice.

8.4. Access to External Links

8.4.1. External links contained on the platform are not Azify's responsibility, it being the user's duty to check the Terms of Use and Privacy Policy of accessed websites.

8.4.2. Azify does not guarantee accuracy of information available on external links and is not responsible for losses arising from their use.

8.4.3. Technical or operational problems on third-party systems accessed via external links are the exclusive responsibility of their respective administrators.

9. Security

9.1. The User may not access other users' Accounts or send communications (emails, SMS, or other forms) that mimic or resemble official Azify communications, or that could lead third parties to believe they are messages sent by the platform.

9.2. The User must not develop or use software, scripts, browser extensions, or applications with the goal of accessing or compromising other people's Accounts, funds, passwords, PIN codes, or personal information.

9.3. If the User identifies any vulnerability in Azify's systems, they must immediately communicate the situation via emails [email protected] or [email protected].

9.3.1. The User must not publicly disclose information about vulnerabilities before obtaining explicit authorization from Azify, nor use such findings to attack accounts or services.

9.4. The Holder commits to not attempting to reverse transactions made on the platform, carrying out undue charges at banks, or executing attacks such as double-spending against Azify or any supported technology.

9.5. Azify, on behalf of its Financial Partners, can preventively suspend User access to the Account and/or Card (as applicable), without prior notice, in the following cases:

  1. Identification of transaction movements outside typical User patterns;

  2. Suspicion of unlawful transactions;

  3. Improper use of the platform in violation of these Terms of Use or applicable legislation;

  4. Failure to send requested documentation for identity proof;

  5. Requirements made by public authorities, such as the Central Bank of Brazil or Judicial Power.

9.6. Azify, as a technological intermediary, makes advanced monitoring systems integrated into its platform available, designed to support financial partners in preliminary detection of possible fraud, irregularities, or suspicious behavior. If signs are detected that may compromise security or compliance of user transactions, financial partners may, at their sole discretion, adopt measures such as account or card block, suspension, or cancellation, besides proceeding with temporary unavailability of balances held in the Account. These measures are taken exclusively by financial partners, based on their internal compliance procedures and in compliance with active Central Bank of Brazil rules. Azify does not carry out regulatory analysis or final decisions on these actions, limiting itself to providing technological support to facilitate detection and communication of any irregularities.

9.7. Azify, as technology platform provider, may, on behalf of Financial Partners responsible for Account and Card management, temporarily suspend or block access to the Account and Card use in the following circumstances:

  1. Attempt to access from a device other than the registered one;

  2. Incorrect password entry three consecutive times.

9.7.1. Unblocking must be requested by the User through official Azify Communication Channels, which will forward information to responsible financial Partners for analysis. Additional documents may be requested for identity validation, respecting active safety and compliance policies.

9.8. To ensure your account security, the User must:

  • Use a strong password and change it regularly;

  • Not keep the account connected on devices not currently used;

  • Protect confidential details such as passwords and PIN codes, not allowing access to third parties;

  • Enable and securely store backup codes of two-factor authentication;

  • Check if accessed domains belong to Azify;

  • Avoid entering credentials on public networks or untrusted devices;

  • Ensure your device has updated antivirus software and firewall;

  • Not provide sensitive information to third parties, even if they introduce themselves as Azify representatives;

  • Avoid clicking on unknown links or downloading files from suspicious sources.

9.9. The User is fully responsible for security of their Account and transactions carried out through it. Azify, as technology supplier, will not be responsible for losses stemming from compromised security caused by User negligence or carelessness.

9.9.1. Azify, as a technology platform, and its financial partners cannot be held responsible for losses of funds stemming from security failures attributable to User behavior or negligence.

10. Data Protection and Intellectual Property

10.1. All intellectual property rights related to Services and their features belong exclusively to Azify and its partners. This includes, but is not limited to, text, images, layouts, softwares, codes, databases, graphics, articles, photographs, and other contents created directly or indirectly by these owners ("Content").

10.2. Content is protected by Brazilian copyright and industrial property legislation. It is prohibited to use, reproduce, modify, publish, transmit, distribute, execute, license, or exploit Content in any way without explicit authorization from Azify or its partners. Any unauthorized use will be considered a violation of intellectual property rights.

10.3. Services, including any modifications, improvements, derivative works, and respective intellectual property rights, remain exclusive property of Azify or its partners, regardless of whether they are used separately or in combination with other products or services.

10.4. The User agrees to refrain from:

  1. questioning Azify's intellectual property rights in Brazil or abroad;

  2. contesting validity of these rights; and

  3. registering brands, trade names, domain names, or other rights that may be similar to Azify's.

10.5. Azify grants the User a limited, temporary, non-exclusive, and revocable license to use Services and Applications, restricted to compliance with obligations and rights set forth in these Terms of Use.

10.6. The User is prohibited from transferring, sublicensing, alienating, or conveying rights and obligations set forth here, as well as performing reverse engineering or other practices violating Azify's intellectual property rights.

10.7. Ads, promotions, and third-party brands displayed on Applications belong to their respective owners, and any undue use is prohibited.

10.8. The User assumes full liability, civil and/or criminal, for inappropriate use of information or any of Azify's intellectual property.

10.9. Data Protection. The collection, use, and treatment of Users' personal data are duly detailed in Azify's Privacy Policy. Registration details and other information about Users are subject to treatment defined in the Privacy Policy. For further information, please consult the document "Privacy Policy" on Azify's Website. This document is an integral and inseparable part of the Terms of Use and should be read carefully by all Users. 

10.10. Notwithstanding provisions of the Privacy Policy, for all intents, when registering with Azify, the User consents, freely, explicitly, and in an informed manner, that all Data and other information collected via the App, cookies, and browsing logs can be used for the following purposes: (i) analyze, develop, maintain, and improve App features and resources; (ii) analyze and measure app performance, audience, and usage; (iii) check your browsing habits and experiences on the App and identify your needs to offer products and services; (iv) analyze App security items for tool development and improvement of fraud monitoring and/or malicious activities, as well as protect your Data from access by third parties; (v) allow provision of more customized products and services suited to your needs; (vi) enable and improve communication between Users and Azify; (vii) guarantee truth of information provided by User; (viii) mitigate electronic fraud; (ix) prevent opening of Accounts and transaction execution by third parties on behalf of Users using false information; and (x) statistics and elaboration of reports and data.

11. Liabilities and Liability Exclusions

Azify uses the best and most modern technologies for User security. However, due to operational issues and service outsourcing, the portal and app may be subject to occasional interruptions, technical failures, and temporary unavailabilities.

11.1. Azify acts as a technology platform and is not responsible for services or products contracted by the User from third parties. The User is responsible for:

  1. safeguarding their devices with tools such as antivirus and firewalls;

  2. using updated operating systems to access Applications; and

  3. ensuring devices and connections needed to use the platform.

11.2. Azify and its partners are not responsible for veracity of information provided by the User. Platform usage must be for lawful purposes. Azify can suspend or terminate User access if false details or improper service use are identified.

11.3. Due to characteristics of the internet, Azify is not responsible for failures stemming from factors beyond its control, such as hacker actions, technical issues, power outages, connection drops, or scheduled App maintenance.

11.4. Azify offers its services "as is" and "as available", without guarantees of continuity or error absence. The company does not guarantee value or stability of digital assets available on the platform.

11.5. Azify is not responsible for actions, contents, or information of third parties, the User being responsible for checking reliability of such interactions.

11.6. Azify's liability is limited to compliance with obligations set forth here, not being responsible for direct or indirect losses, lost profits, or emergent damages caused by third parties or through platform use.

11.7. In no circumstance will Azify be liable for moral, indirect, incidental, or punitive damages related to service use.

11.8. The User agrees to reimburse Azify for any costs stemming from their violation of these Terms of Use or improper actions harming the company or third parties.

11.9. If the User causes harm to Azify or third parties via unlawful practices, a compensation proportional to the caused harm will be calculated, to be paid by the User to Azify.

11.10. Azify exempts itself from any liability for damages of all natures that may stem from lack of availability or continuity of services.

11.11. Azify is not responsible for any damage or loss related to sending information or advertising content that has not been sent by Azify, whether requested or not by the user (spam). 

11.12. Azify is not responsible for any damage or loss to the User stemming from use of any information or program made available through services, including damage to User's physical and mental health, physical harm, or illness. 

11.13. Azify is not responsible for any case where systemic errors occur that modify details or information concerning services, including prices informed on the portal or app. 

11.14. Azify is not responsible for any damage, harm, or loss on user equipment caused by failures in system, server, or connection stemming from third-party conduct, including actions of malicious software like viruses, trojans, among others, that can, in some way, damage user equipment or connection due to access, use, or browsing on the portal or app, as well as transfer of data, files, images, text, audio, or video contained therein. 

11.15. Absence of Liability. Azify will not be liable for indirect, incidental, special, punitive, or emergent damages, lost profits, data loss, moral or equity damages related to, associated with, or stemming from Platform usage caused by fortuity, force majeure, or facts stemming from exclusive fault of partners, service providers, Users, and/or third parties, with no type of indemnification or reimbursement due by Azify, such as (i) results produced by the Platform if affected in an undue way by external programs, for example, viruses, malware, or operational failure or data corruption; (ii) consequences generated by dangerous or improper Service use; (iii) damages or losses generated by User decisions; (iv) any loss due to failure to update the App, incompatibility of Users' devices, device failures (including safety ones), or, further, memory insufficiency; and/or (v) problems in Users' networks.

11.16. Azify will not be held liable for using Services and/or the App in disagreement with these Terms of Use. 

11.17. Actions of third parties based on improperly acquired details, whether due to failures attributable to Users or third parties, that do not escape reasonable control of Azify, cannot be grounds for Azify liability for any damages or losses, regardless of their nature.

11.18. For strictly technical and operational reasons, Azify cannot guarantee availability and continuity of App operation. Azify may alert in advance regarding features and/or App operation drops but can never guarantee that its use will be continuous, timely, safe, and free of errors, so Azify remains exempt from any and all liability for occasional losses, damages, and harms of any nature stemming from lack of availability and continuity of features and/or App operations. 

11.19. Third-Party Services. Azify can also provide access to third-party products and/or services, in which case the User must carefully analyze rules of these third parties applicable to said products and/or services, for which Azify is not responsible, even if dedicating best possible efforts to relate with trusted third parties. 

11.20. Legislative/Regulatory Changes. Service execution may occasionally be adversely affected by legislative or regulatory changes, including restrictions or prohibitions. If this happens, Azify will need to spend time and resources to comply with and adapt to new rules, and won't be held responsible for drops during this process. 

11.21. Right of Recovery. Azify is expressly guaranteed the right of recovery if it bears any fix or conviction contradicting the present Terms of Use. 

11.22. Indemnification. The User commits to defend, indemnify, and hold harmless Azify, its collaborators, representatives, employees, directors, administrators (“Representatives”), affiliates, and companies of the same economic group (“Affiliates”), as applicable, from and against all claims, demands, lawsuits, arbitrations, judgments, or expenses, including attorney fees, investigation and defense costs, in case of: (a) loss, liability, claim, demand, or harm generated by Users and attributed to Azify, its Representatives, and/or Affiliates during the period they are clients of Azify; (ii) misuse of Apps; (iii) violation of active Terms of Use; and (iv) violation of any law or third-party rights.

12. Other Relevant Information

12.1. Rules of Conduct. Users declare that: 

12.1.1. Are responsible for any consequences related to their Service usage, assuming all risks related to its use, as well as answering, including before third parties, for any claim presented by Azify, judicially or extrajudicially.

12.1.2. Will not use the App for illegal purposes, observing current active laws under any circumstance.

12.1.3. Are aware that any details and/or offers presented through the App may be modified at any time by Azify, at its sole discretion, with no compensation due because of this. 

12.1.4. In case of fraud suspicion, their access and/or of other accounts linked to Azify and the App can be suspended or blocked at any time, with nothing due because of this.

12.1.5. Understand they are solely responsible for protecting access details to Azify and risks related to lack of detail protection, committing to not provide these details and any other confidential information related to Services.

12.1.6. Will observe App technical specifications and perform updates needed on mobile devices used to access it. 

12.1.7. Will not use the App to publish or transmit any type of virus, such as worm, Trojan Horse, Easter egg, time bomb, spyware, or other malicious computer code, file, or program that is harmful or invasive, or whose goal is to damage, take control of operation or monitor usage of any hardware, software, or equipment belonging to Azify, Representatives, and/or Affiliates, its business partners, or third parties, App Users or not.

12.1.8. Will not send or publish content: (a) having defamatory, discriminatory, obscene, offensive, threatening, abusive, vexatious, or harmful character, containing hate messages against citizens or groups, religious or racial insults or threats, or encouraging moral or equity damages; (b) protected by copyrights or, for any reason, violating third-party rights; (c) defamatory, slanderous, or contrary to honor, personal/family intimacy, or image of citizens (including legal entities, bodies, and organizations equivalent to them); (d) encouraging violence, criminality, or any other offense; and (e) contrary to law and public order.

12.2. Prohibited Uses. Any usage of defamatory, slanderous, libelous, violent, pornographic, obscene, offensive, or unlawful character is prohibited, including exclusive property information belonging to other citizens or companies (e.g., copyright, brands), except if, in this last case, getting explicit authorization of the owner of said rights. 

12.3. Without prejudice to other provisions of these Terms of Use, the User declares and warrants that Transactions performed on the Site and/or App will not be used for, but not limited to: (i) Infraction of active laws; (ii) Exploiting gambling, betting, etc.; (iii) Political organization activities, except those authorized by law; (iv) Exploiting coin-activated personal machines; (v) Offering discount cards; (vi) Arm, human, animal trafficking, etc.; (vii) Money laundering; (viii) Terrorism; (ix) Pornography, prostitution, or pedophilia; and/or (x) Any type of activity that can be considered fraudulent or illegal.

12.4. The User will not use the Site and/or App to perform any operation that can be considered or interpreted as cash advances, self-financing, money laundering, loans, or other similar forms as defined by Law, as well as any activity not aligned with Brazilian law.

12.5. The User declares, for all due intents and effects, that activities developed by You when using the Site and/or App are carried out in strict compliance with labor laws concerning health and/or occupational safety, including regarding illegal, slave, and/or child labor, of indigenous populations, directly or indirectly, and regarding discriminatory practices; as well as observing all applicable legal and regulatory provisions, including regarding National Environment and Environmental Crimes Policy, and those coming from federal, state, and/or municipal spheres.

12.6. The User further declares complying and enforcing compliance, as well as their affiliates, shareholders, board members, directors, employees, agents, and/or eventual subcontractors (“Related Persons”), all applicable laws, rules, regulations, and norms, issued by any jurisdiction applicable to the User, concerning acts of corruption, bribery, and harmful acts against public administration, including, but not limited to, Law No. 12.529, of November 30, 2011, Law No. 9.613, of March 3, 1998, as amended, Law No. 12.846, of August 1, 2013, as amended, the U.S. Foreign Corrupt Practices Act of 1977, and the UK Bribery Act, as applicable (together, the “Anti-Corruption Laws”) to the extent that (i) keeps internal policies and procedures ensuring full compliance with Anti-Corruption Laws; (ii) gives full awareness of Anti-Corruption Laws to all professionals who interact with You, as applicable; (iii) refrains from practicing any acts set forth in Anti-Corruption Laws, in its interest or for its benefit, exclusive or not; and (iv) if aware of any act or fact violating Anti-Corruption Laws, will communicate Azify immediately, which can adopt all actions it deems necessary.

12.7. The Parties acknowledge that this contract or any condition in these Terms of Use and their annexes does not imply characterizing Azify as a financial institution, payment institution, or insurance company. Azify does not provide any banking or exchange services to the user, nor any other exclusive activity of financial institutions, payment institutions, or insurers, or any others regulated or supervised by the BCB, securities commission (CVM), or private insurance superintendency (SUSEP).

13. Communications

13.1. Azify can use communication channels provided and authorized by the User, such as email, phone calls, or sending messages via SMS and messaging apps, to ensure efficient communication about platform services. 

13.2. Receiving notices is exclusive responsibility of the User, who must provide correct details and keep them updated.

13.3. All communications performed by Azify with the User will be made through Applications or registered email. The User must ensure their Anti-Spam systems do not interfere with receiving these messages. Azify is not responsible for failures in reception caused by security settings or outdated data provided.

13.4. To resolve eventual conflicts related to these Terms of Use, for cancellation requests, complaints, suggestions, and doubts, the User can contact Azify via phone SAC (11) 91481-2340, from Monday to Saturday, from 8 AM to 8 PM, Brasília time.

13.5. Azify also makes contact available via link: https://azify.com/help.

13.6. However, if disputes are not resolved, the User can seek their resolution through services maintained by National Consumer Secretary (SENACON) of the Ministry of Justice and Public Safety, at www.consumidor.gov.br, which are made available for free to consumers across the nation to prevent and reduce the volume of judicial disputes.

14. General Conditions

14.1. Validity. These Terms of Use have validity for an indefinite period and start on the date when the latest version was made available on Azify's Site. These Terms of Use may be changed, in whole or in part, at any time and without prior notice, at Azify's discretion, via publishing the revised document on the site to improve or preserve its features. Occasionally, temporary drops in services may occur to implement these improvements, and the User must keep Applications updated to continue using new versions.

14.2. Terms of Use may be updated or changed at any time, regardless of prior notice, to reflect adjustments in Applications or Azify's services, as well as adjustments stemming from active regulations, and the new version of Terms of Use will enter into force on the date of its publication. The User will be informed of adjustments via Applications.

14.3. If the User does not agree with changes in Terms of Use, they can reject them, which will result in the impossibility to continue using platform services. Continued use after adjustments will be considered tacit acceptance of the new terms.

14.4. By accepting these Terms of Use, the User acknowledges validity of electronic authentication and signature methods, even without using digital certificates in the ICP-Brasil standard.

14.4.1. The password, login, token, or any authentication means provided by Azify will be considered an electronic signature, it being User's responsibility to protect these credentials.

14.5. Third-Party Apps. Azify can offer integration with Third-Party Applications to expand User experience.

14.5.1. Using Third-Party Applications is User's exclusive responsibility, who must ensure these integrations are authorized by Azify.

14.5.2. Third-Party Applications have their own terms of use and privacy policies by which the User will be governed, and they must carefully analyze rules applicable to said products and/or services, for which Azify is not responsible, even if dedicating best possible efforts to relate with trusted third parties.

14.5.3. Azify does not endorse or take responsibility for features, behaviors, or contents of Third-Party Apps, nor for transactions carried out with their providers.

14.5.4. The User declares being aware that, within the BaaS model scope, financial services accessed via the Azify Platform are provided exclusively by Financial Partners and that BaaS service-taking entities (companies providing interface, apps, or business brands through which the User accesses services) are prohibited from outsourcing, subcontracting, or delegating financial services provided by Azify's financial partners.

14.5.4.1. Being this the case, under the hypothesis of commercial relationship termination between Financial Partner and BaaS taker, the User's Account as well as financial services linked to it can be closed, under terms and conditions set forth in these Terms of Use.

14.6. Communication to Competent Authorities. Azify, as a technology platform, can help its financial partners in preliminary detection and internal signaling of operations or movements with signs of irregularity or suspicion. In these situations, financial partners, as entities regulated by the Central Bank of Brazil, have exclusive responsibility of performing formal analysis and, when needed, reporting to competent authorities such as Council of Financial Activities Control (COAF). Azify, independently, will be able to communicate directly to competent authorities, such as public security bodies, incidents or irregularities detected on the platform that are not related to exclusive activities of regulated entities, observing active legal limits. These communications are done with support of active legislation and in the interest of protecting platform and user integrity.

14.7. Tax Liability. Observing the provisions of these Terms of Use, each of the Parties takes responsibility for full payment of any and all taxes that fall or will fall on the execution of active agreement obligations.

14.8. Transfer. Azify can transfer rights and obligations set forth in these Terms to third parties upon prior notice to User, ensuring the transfer receiver complies with the same obligations.

14.9. Applicable Law. These Terms are governed by laws of the Federative Republic of Brazil, without being subject to another choice of laws or conflict of laws. Eventual disputes must be solved initially by Azify and, if needed, by bodies of Brazil's consumer defense system.

14.10. Code Separability. If any provision of these Terms of Use is declared null or ineffective by any court, the remaining ones will continue valid and applicable to the fullest possible extent.