These terms and conditions of access and use, hereinafter referred to as "T&C," govern access to and use of the products or services available on the digital platform of FINTECH AMERICAS, S.A. DE C.V., operating under the trade name "MONETAE" or "MONETAE.IO." This applies to mobile applications, websites, programs, computer systems, and any applications and/or content provided or operated by “FINTECH AMERICAS, S.A. DE C.V.,” either directly or through authorized third parties.

MONETAE refers to the digital platform dedicated to the exchange of cryptocurrencies and Digital Assets, aimed at Natural Persons, Legal Entities, institutions, or organizations—whether public or private—hereinafter collectively referred to as the "User." By accepting these T&C, the User is legally expressing their consent to comply with them, regardless of their role, whether as a client, contractor, or any other type of third party.

Failure to comply with any of these T&C will result in legal consequences at the discretion of “FINTECH AMERICAS, S.A. DE C.V.” The User also declares that they acknowledge and agree not to participate in any illegal activity and that they comply with all applicable regulations. The User’s acceptance of these T&C through their electronic signature is a legal and binding expression of their consent. These T&C constitute a legal agreement and create a binding contract between the User and FINTECH AMERICAS, S.A. DE C.V.

Definitions

Under these Terms and Conditions (T&C) and for all purposes related to the interpretation of concepts within the services provided through MONETAE, the following definitions apply:

1. MONETAE MONETAE.IO or “PLATFORM. It is the financial technology platform associated with the website https://www.monetae.io, through which MONETAE offers its products or services to the Users.
2. All parties that perform MONETAE’s functions. These include, but are not limited to: unincorporated organizations and teams that provide MONETAE’s services and are responsible for such services. For convenience, unless otherwise specified, references to MONETAE in these terms specifically refer to MONETAE’s operators. UNDER THESE TERMS, THE OPERATORS OF MONETAE MAY CHANGE AS MONETAE’S BUSINESS ADAPTS, IN WHICH CASE THE OPERATORS MUST CONTINUE TO FULFILL THEIR OBLIGATIONS UNDER THESE TERMS WITH THE USER AND CONTINUE TO PROVIDE SERVICES TO THEM. SUCH CHANGES WILL NOT AFFECT THE USER’S RIGHTS OR INTERESTS UNDER THESE TERMS. ADDITIONALLY, THE SCOPE OF MONETAE’S OPERATORS MAY EXPAND DUE TO THE PROVISION OF NEW SERVICES OFFERED BY MONETAE. IN SUCH CASES, IF THE USER CONTINUES TO USE MONETAE’S SERVICES, IT SHALL BE DEEMED THAT THE USER EXPRESSLY AGREES TO JOINTLY EXECUTE THESE TERMS WITH THE NEWLY ADDED OPERATORS. IN THE EVENT OF A DISPUTE, THE USER WILL DETERMINE WHICH ENTITIES THESE TERMS ARE BEING ENFORCED WITH, AND WHICH PARTIES TO THE DISPUTE APPLY, BASED ON THE SPECIFIC SERVICES USED AND THE PARTICULAR ACTIONS THEY BELIEVE AFFECT THEIR RIGHTS OR INTERESTS.
3. The various services provided by MONETAE based on internet or blockchain technologies and offered through websites, mobile applications, programs, computer systems, and any application and/or content developed by FINTECH AMERICAS, S.A. DE C.V.
4. The rules, interpretations, announcements, statements, letters of consent, and other content previously published and to be published in the future by MONETAE, as well as all regulations, implementation standards, product process descriptions, and announcements published in the help center or within products or service processes.
5. All Natural Persons, Legal Entities, institutions, or organizations, whether public or private, who access, download, or use MONETAE’s services and meet the criteria and conditions stipulated by MONETAE. If there are specific agreements for developers, distributors, market makers, and digital asset exchanges, those agreements shall prevail.
6. DIGITAL ASSETS. Digital assets are tokens with a certain value based on distributed ledger or blockchain technology that can be used for exchange.
7. These are the primary virtual accounts, including main accounts and sub-accounts, that MONETAE opens for Users to register their use of services, transactions, asset changes, and basic information. MONETAE accounts serve as the basis for Users to enjoy and exercise their rights over the services offered by the platform.
8. CRYPTO-TO-CRYPTO TRANSACTIONS. These are spot or OTC transactions in which one digital asset is exchanged for another digital asset.
9. FIAT TRANSACTIONS. These are spot or OTC transactions in which digital assets and/or cryptocurrencies are exchanged for fiat currency or vice versa.
10. KYC (Know Your Client) is the internal "Know Your Client" process implemented by FINTECH AMERICAS, S.A. DE C.V., prior to establishing a commercial relationship or conducting transactions with its Users. As part of this process, MONETAE’s platform may carry out any necessary actions to identify Users, verify their identity, examine and investigate their transactions, or comply with any applicable law or regulation. Users are obligated to take all necessary actions to meet MONETAE’s requirements in order to satisfactorily complete the information requested during the KYC process.

General Provisions

1. About the T&C

a. Contractual Relationship

These Terms & Conditions (T&C) constitute a legal agreement and create a binding contract between the User, FINTECH AMERICAS, S.A. DE C.V., and the operators of MONETAE.

b. Supplementary T&C

Due to the rapid development of digital assets, these T&C between the User and MONETAE’s Operators do not list or cover all rights and obligations of each party, nor do they guarantee full alignment with future development needs. Therefore, any other policy or agreement separately entered into between the User and FINTECH AMERICAS, S.A. DE C.V., shall be considered supplementary conditions that form an integral part of these T&C and shall have the same legal effect.

c. Changes to these T&C

FINTECH AMERICAS, S.A. DE C.V. reserves the right to change or modify these T&C at its discretion at any time. FINTECH AMERICAS, S.A. DE C.V. will notify such changes by updating the T&C on its website and amending the date indicated on this page. All modifications or changes to these T&C will take effect upon their publication on the website or direct notification to Users. Therefore, continued use of MONETAE’s services by the User shall be deemed acceptance of such modifications or changes. If the User does not agree with the changes to these terms, they must immediately stop using MONETAE’s services. It is recommended that Users frequently review these terms to ensure they understand the conditions that apply to their access and use of MONETAE’s services.

d. Prohibition of Use

By accessing and using MONETAE's services, the User declares and guarantees that they have not been included on any list of trade embargoes or economic sanctions (such as the United Nations Security Council sanctions list), the Specially Designated Nationals list maintained by OFAC (the Office of Foreign Assets Control of the U.S. Department of the Treasury), or the list of denied persons or entities by the U.S. Department of Commerce. MONETAE reserves the right to choose the markets and jurisdictions in which it conducts business, and may, at its discretion, restrict or deny the provision of MONETAE's services in certain countries or regions.

2. About MONETAE

FINTECH AMERICAS, S.A. DE C.V. is a company organized and existing under the laws of the Republic of El Salvador, registered in the Commercial Registry under number 109, book 4454 of the Companies Registry, with a registration number and Tax Identification Number (NIT) 0614-300921-102-8.

FINTECH AMERICAS, S.A. DE C.V. is authorized by the National Commission of Digital Assets as a Digital Asset Service Provider (DASP), under registration number PSAD-0018, dated January 26, 2024.

Additionally, FINTECH AMERICAS, S.A. DE C.V. is authorized by the Central Reserve Bank and supervised by the Superintendency of the Financial System as a Bitcoin Service Provider (BSP), under registration number 615f3d124d30691fb3ca02b, dated October 11, 2021.

FINTECH AMERICAS, S.A. DE C.V. operates under the trade name “MONETAE” or “MONETAE.IO,” which are registered trademarks owned by FINTECH AMERICAS, S.A. DE C.V.

Please note that while by accepting these Terms you are entering into an agreement with FINTECH AMERICAS, S.A. DE C.V., our affiliates, agents, third-party service providers, and sub-custodians may provide services on our behalf or to us, which are ancillary or incidental to the Services.

3. About the Platform

The MONETAE Platform is a digital platform dedicated to providing financial technology services through its platform for the exchange and trading of digital assets and cryptocurrencies. The Platform is accessible through both web and mobile interfaces.

Users must register and open an account with MONETAE and have their verification approved before they are able to trade. Registered Users may access the Platform and use it to buy, sell, and hold Digital Assets.

Although MONETAE is committed to maintaining the accuracy of the information provided through its services, MONETAE cannot and does not guarantee the accuracy, applicability, reliability, completeness, performance, or suitability of such information, nor shall it be held responsible for any loss or damage that may be caused directly or indirectly by the use of such content. The information about MONETAE’s services may change without prior notice, and the primary purpose of providing such information is to assist Users in making independent decisions. FINTECH AMERICAS, S.A. DE C.V. does not provide investment advice or consulting of any kind and is not responsible for the use or interpretation of information found on MONETAE or any other communication channel.

MONETAE reserves the right to determine which fiat currencies and/or digital assets will be available to Users for trading or for other purposes on the Platform from time to time.

MONETAE reserves the right to suspend the support or availability of any fiat currency and/or digital asset at any time, unless prohibited by Applicable Law. MONETAE will make reasonable efforts to provide advance notice of any decision to suspend support or availability of a fiat currency and/or digital asset before such suspension takes effect.

MONETAE does not offer any form of investment, accounting, tax, or legal advice in connection with the Services described in these T&Cs. Notwithstanding any other provision contained herein, it is the responsibility of the User to understand and accept that MONETAE shall not be held responsible for the User’s decisions under any circumstance. The User agrees and understands that under no circumstance shall the operation of the Platform or the User’s use of the Platform be considered to create a relationship that includes the provision or offer of investment advice. MONETAE may provide information regarding the price, range, and volatility of digital assets available for trading or for other purposes on the Platform, as well as relevant events concerning such digital assets, but this shall not constitute investment advice and should not be treated as such. Any decision to buy, sell, or hold digital assets is the sole responsibility of the User, and MONETAE shall not be liable for any losses incurred.

4. Risk Disclosures

The purchase, sale, holding, and execution of other trading activities related to Digital Assets involve a significant risk of financial loss. Such risks include those described in our Risk Disclosures https://www.monetae.io/en/risks, which are expressly incorporated into these Terms by reference.

By accepting these Terms and using the Services, the User expressly acknowledges, agrees to, and assumes all risks associated with the use of the Platform and the Services, including the risks described in these Terms and in the Risk Disclosures.

5. Registration and Requirements for MONETAE Accounts

a. Registration

All Users must apply for a MONETAE account at https://www.monetae.io  before using MONETAE’s services. When registering for a MONETAE account, you must provide the information requested by MONETAE and accept these Terms & Conditions (T&C), as well as any policies and agreements presented by the MONETAE platform that require your acceptance. MONETAE may, at its sole discretion, refuse to open an account for the User. The User agrees to provide complete, accurate, and legitimate information when opening a MONETAE account and agrees to promptly update any information provided to MONETAE to maintain its integrity and accuracy. Each User may maintain only one account at any given time.

With respect to their Account, the User agrees to: (a) provide complete and accurate information and documentation; (b) promptly update any information and documentation they have provided to ensure that it remains complete and accurate at all times; (c) maintain the security of their Account by protecting it from any unauthorized access or use; (d) immediately notify us if they discover or suspect any unauthorized access or use of their Account or any security breach related to their Account; and (e) be responsible for all activities that occur under or in connection with their Account, assuming all risks associated with both authorized and unauthorized access or use.

b. Eligibility

By registering to use an account on MONETAE, the User represents and warrants that:

If you are a Natural Person:

i) You are at least 18 years old or of legal age in your country of origin to form a binding contract under applicable laws;

ii) You have the legal capacity under the laws of any applicable jurisdiction to enter into an agreement with MONETAE in accordance with these Terms;

iii) Your acceptance of these Terms is valid, binding, and enforceable against you and does not violate the terms of any other agreement or obligation to which you or your assets are subject;

iv) You are not a citizen of any Prohibited Jurisdiction, as detailed below;

v) You have not previously been suspended or removed from using MONETAE’s services;

vi) You do not currently have a MONETAE account;

vii) You will not use MONETAE’s services to violate any applicable Laws and Regulations, including all regulations on anti-money laundering, terrorist financing, and the financing of the proliferation of weapons of mass destruction.

If you are acting on behalf of a Legal Entity (regardless of its legal form, referred to in these T&Cs as “Legal Person”):

i) You are authorized to act on behalf of such Legal Person;

ii) Your acceptance of these Terms on behalf of the Legal Person is permitted under applicable law and does not violate the terms of any other agreement binding the Legal Person or its assets;

iii) The Legal Person is duly incorporated and validly existing under the laws of the jurisdiction in which it is established;

1. iv) The acceptance of these Terms and use of the Services are within the Legal Person’s powers, have been duly authorized through all necessary actions, and are valid, binding, and enforceable against said Legal Person;
2. v) The Legal Person is not established, registered, or operating in a Prohibited Jurisdiction, and its controllers, ultimate beneficial owners, executives, managers (internal or external), directors, officers, and employees are not citizens, residents, or located in any Prohibited Jurisdiction;
3. vi) You have provided full and accurate disclosure of any controller, ultimate beneficial owner, executive, manager (internal or external), director, and officer of such Legal Person;

vii) Neither you nor (if applicable) the Legal Person you represent are subject to any sanctions or trade restrictions administered, imposed, or enacted by any national or supranational authority, including: (i) the United States Department of the Treasury, including the Office of Foreign Assets Control (OFAC), the U.S. Department of State, and the U.S. Department of Commerce, including the Bureau of Industry and Security; (ii) the UK’s Office of Financial Sanctions Implementation; (iii) the European Union; or (iv) the United Nations (collectively, “Sanctions Laws”);

viii) The holding or trading of digital assets and access to and use of the Services is not illegal or prohibited under the laws of any jurisdiction to which you or the Legal Person you represent may be subject. If a license or other authorization is required in such jurisdiction, you or the Legal Person have obtained and maintain such authorization;

1. ix) You have not previously been suspended or removed from using MONETAE’s services;
2. x) You do not currently have a MONETAE account;
3. xi) You will not use MONETAE’s services to violate any applicable Laws and Regulations, including all regulations on anti-money laundering, terrorist financing, and the financing of the proliferation of weapons of mass destruction.

For the purposes of these T&Cs, the following are considered Prohibited Jurisdictions: Angola, Algeria, Lebanon, Bulgaria, Burkina Faso, Cameroon, Croatia, Democratic Republic of the Congo, Philippines, Haiti, Kenya, Mali, Monaco, Mozambique, Namibia, Senegal, Nigeria, Vietnam, Venezuela, Cuba, People’s Republic of China, Russia, Democratic People’s Republic of Korea (North Korea), Iran, Albania, Barbados, Botswana, Cambodia, Cayman Islands, Jamaica, Malta, Mauritius, Morocco, Myanmar, Nicaragua, Pakistan, South Sudan, Syria, Uganda, Yemen, and Zimbabwe.

Likewise, any jurisdictions and/or territories listed on the grey list of the Latin American Financial Action Task Force (GAFILAT), and those that may be added from time to time, will also be considered prohibited.

Users should note that some products and services may not be available in certain jurisdictions or regions or to certain Users. MONETAE may implement measures such as geofencing designed to prevent access to the Services from certain locations, including Prohibited Jurisdictions. These measures may inadvertently block users who are not located in such jurisdictions. However, MONETAE assumes no responsibility for this.

If the User is a natural person (acting on their own behalf or on behalf of a Legal Person) and is temporarily located in a Prohibited Jurisdiction, then, for as long as they remain in that Prohibited Jurisdiction, they must not use the Services or access the MONETAE Platform.

FINTECH AMERICAS, S.A. DE C.V. reserves the right to change, modify, or impose additional restrictions at its discretion at any time.

If at any time after creating an account you no longer meet our eligibility criteria, you must notify us immediately, and we may suspend or terminate your account. This includes instances in which the list of Prohibited Jurisdictions is updated to include your location or that of the Legal Person you represent.

c. User Identity Verification; User Due Diligence

Registering for an account with MONETAE constitutes your agreement to provide the necessary personal information for identity verification purposes. This information will be used to verify the identity of Users, detect traces of money laundering, terrorist financing, fraud, and other financial crimes through MONETAE, or for other legal purposes established by FINTECH AMERICAS, S.A. DE C.V. Information will be collected, used, and shared in accordance with the Privacy Policy.

In addition to providing information, the User agrees to allow the retention of such information for as long as the account remains active and for fifteen (15) years following the account closure, in accordance with global industry data retention standards and applicable laws.

The User also authorizes MONETAE to conduct necessary investigations, either directly or through a third party, to verify the User’s identity or to protect the User and/or MONETAE from financial crimes, such as fraud. The information required for identity verification may include, but is not limited to: the User’s name, email address, contact details, phone number, government-issued identification from the country of nationality or citizenship, date of birth, and any other information that may be captured by the platform during the account registration process.

FINTECH AMERICAS, S.A. DE C.V. reserves the right to request any additional information and/or supporting documentation, which may include financial, commercial, accounting, tax-related, or property ownership records, proof of assets (movable or immovable), or proof of income or employment.

By providing the required information, the User certifies that it is true, accurate, and complete. After registration, if any information changes or is modified, the User must ensure that it is updated in a timely manner and remains accurate and complete.

If there is reason to believe that any information provided is incorrect, false, outdated, or incomplete, FINTECH AMERICAS, S.A. DE C.V. reserves the right to notify the User to correct the information, delete irrelevant data directly, and, if necessary, terminate all or part of the services provided to the User through MONETAE. If FINTECH AMERICAS, S.A. DE C.V. is unable to contact the User using the provided contact information, the User will be fully responsible for any losses or expenses incurred by MONETAE in connection with the services.

The User acknowledges and agrees that they have the obligation to update any information in the event of changes. By registering an account, the User authorizes FINTECH AMERICAS, S.A. DE C.V. to carry out any investigations it deems necessary—either directly or through a third party—to verify their identity or to protect the User and/or MONETAE from fraud or other financial crimes, and to take appropriate actions based on the results of such investigations. The User also acknowledges and agrees that their personal information may be disclosed to credit agencies and fraud prevention or financial crime prevention agencies, which may fully respond to the investigations conducted by MONETAE.

As part of the account registration process or at any time thereafter, the User understands and agrees that they may be redirected to a website maintained by a third-party service provider contracted by MONETAE to conduct customer due diligence and may be required to submit the necessary information and documentation to such provider. MONETAE and our third-party service provider may share, transfer, or mutually make available copies of all information and documentation that the User has provided to either party.

d. Terms and Requirements of Use

The User’s account at MONETAE may be used solely and exclusively by the individual who registered the account, which the User expressly acknowledges and agrees to. Accounts that have been opened are not transferable and may not be used by third parties not authorized by FINTECH AMERICAS, S.A. DE C.V. MONETAE reserves the right to suspend, freeze, or cancel the use of any MONETAE accounts accessed by individuals other than the registered account holder. If the User suspects or becomes aware of any unauthorized use of their username or password, they must immediately notify MONETAE. FINTECH AMERICAS, S.A. DE C.V. assumes no responsibility for any loss or damage arising from the use of the MONETAE account by the User or any third party, whether authorized or unauthorized, including unauthorized access resulting from hacking, theft of private keys, or the User’s own lack of care or prudence.

The User shall be bound by and hereby authorizes MONETAE, its affiliates, agents, subcontractors, and/or third-party service providers to accept and rely on any Instruction, directive, Order, Transaction, authorization, Notice, communication, or any other action initiated, made, provided, or taken by any person who has accessed or used their Account, regardless of whether such access was authorized, and to take any action that we deem necessary or advisable in connection therewith.

The User agrees that MONETAE and its affiliates, agents, subcontractors, and third-party service providers may, in good faith, rely on any Instruction or directive given by a person who is authorized, or purports to be authorized, to act on behalf of the User. Such actions shall be binding on the User, and the User acknowledges that neither MONETAE nor its affiliates, agents, subcontractors, nor third-party service providers shall be liable to the User for any loss resulting from such good faith reliance.

e. Account Security

FINTECH AMERICAS, S.A. DE C.V. is committed to maintaining the security of funds entrusted by the User and has implemented industry-standard protections for the MONETAE services. However, the actions of individual Users may present risks. The User agrees to treat their login credentials (such as username and password) as confidential information and not to disclose such information to any third party. The User also agrees to be solely responsible for taking all necessary security measures to protect their MONETAE account and personal information.

MONETAE will make available to the User options to enhance account security, such as two-factor authentication. However, the User is solely responsible for keeping their MONETAE account and password secure, and for all transactions conducted under their MONETAE account. FINTECH AMERICAS, S.A. DE C.V. assumes no liability for any losses or consequences arising from authorized or unauthorized use of the User’s account credentials, including, by way of example, the disclosure of information, providing consent, or submission to various rules and agreements via clicks on the website, acceptance of online agreements, etc.

The User understands and agrees that they are responsible for monitoring their Account for any unauthorized or suspicious activity. If the User becomes aware of or suspects that someone other than the User (or an authorized person acting on their behalf as per these Terms) has accessed their Account, or knows or suspects that their Account (including login credentials) has been compromised, they must notify us immediately. Upon such Notification, and subject to any verification that MONETAE may carry out to confirm the authenticity of the Notification, MONETAE may suspend the Account and take any other action MONETAE deems necessary or advisable to protect the User, protect MONETAE, or protect other Users.

The User agrees to cooperate with MONETAE, and we may require the User to take additional actions, including assisting us with:

(a) any investigation we may conduct; and

(b) the creation of a new Account.

By creating a MONETAE account, the User agrees to:

1. Notify FINTECH AMERICAS, S.A. DE C.V. immediately upon becoming aware of any unauthorized use of their MONETAE account or password or any other breach of security protocols;
2. Strictly comply with all MONETAE procedures and mechanisms related to security, authentication, trading, deposits, and withdrawals;
3. Take appropriate measures to log out of MONETAE at the end of each session.

If the User loses or forgets their login credentials or authentication device, they must notify us immediately. MONETAE may require the User to satisfactorily prove their identity and ownership of the Account before taking any action.

There may be circumstances in which MONETAE is unable to assist the User in recovering access to their Account. In such cases, MONETAE may allow the User to request a new Account. However, under those circumstances, the User may not be able to transfer anything (including fiat currencies, digital assets, or activity records) from their old Account to the new one. If MONETAE determines that the old Account contained fiat currency or digital assets, we will make efforts—where operationally feasible and commercially reasonable—to credit the new Account with the quantity, value, or volume of fiat currency and digital assets available in the previous Account.

The User acknowledges and agrees that any information or data associated with their Account or in any way related to activities conducted through their access to and use of the Services may become irretrievably lost, corrupted, or temporarily inaccessible due to various causes, including software failures, viruses, harmful materials or vulnerabilities, changes to third-party protocols, internet outages, force majeure events or other disasters, scheduled or unscheduled maintenance, or other causes within or beyond our control. The User agrees that they are solely responsible for backing up and maintaining duplicate copies of any information and data stored or transferred through their Account or otherwise related to their use of the Services.

Services Provided by MONETAE

Once the registration and identity verification process for the MONETAE account has been completed, the User may access and use various MONETAE services, including but not limited to crypto-to-crypto transactions, fiat currency transactions, contracting, leveraged transactions, access to market-related data, research and other information published by MONETAE, participation in User activities organized by MONETAE, etc., in accordance with the provisions of these Terms or other terms accepted by the User on the MONETAE platform. MONETAE reserves the right to:

1. Provide, modify, or terminate, at its sole discretion, any MONETAE service based on its development plans; and
2. Permit or restrict the use of any MONETAE service by certain Users in accordance with the applicable rules of the MONETAE platform.

1.Service Usage Guidelines

a. License

Provided that the User remains in continuous compliance with the express Terms & Conditions set forth herein, FINTECH AMERICAS, S.A. DE C.V. grants the User a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use the MONETAE services via a computer or internet-enabled device for their personal/internal purposes only. Use of MONETAE services for commercial purposes or resale, including conducting transactions on behalf of other individuals or entities, is strictly prohibited. All such actions are expressly forbidden and constitute a material breach of these Terms.

The structure, content design, features, and access rights in connection with MONETAE services shall be defined at MONETAE’s sole discretion. MONETAE reserves all rights not expressly granted in these T&C. Therefore, the use of MONETAE services in any manner not expressly authorized under these Terms is hereby prohibited.

These T&C grant only a limited license to access and use the MONETAE services. Accordingly, the User agrees that when using the MONETAE services, FINTECH AMERICAS, S.A. DE C.V. does not transfer the MONETAE services or any ownership or intellectual property rights of MONETAE to the User or any other person. All text, graphics, user interfaces, visual interfaces, photographs, sounds, process flow diagrams, computer code (including HTML code), programs, software, products, information, and documents, as well as the design, structure, selection, coordination, expression, look and feel, and arrangement of any content included in or provided through the MONETAE services, are the exclusive property of, under the control of, and/or licensed to MONETAE’s operators.

FINTECH AMERICAS, S.A. DE C.V. shall be the sole owner of any comments, suggestions, ideas, or other information or materials (collectively referred to as “Feedback”) regarding MONETAE services that the User submits through support tools, communication channels, or email made available by MONETAE. The User hereby assigns to MONETAE all ownership rights in the Feedback and all related intellectual property rights. The User shall have no right to, and hereby waives any claim for, acknowledgment or compensation based on any Feedback or any modification thereof.

b. Restrictions

By using the MONETAE services, the User agrees to and undertakes to comply with the following provisions:

1. While using MONETAE services, all activities carried out by the User must comply with the requirements of applicable Laws, Regulations, Technical Standards, these Terms & Conditions (T&C), and all MONETAE guidelines, which the User must make an effort to know and is responsible for understanding;
2. The User’s use of MONETAE services must not violate public interests, public morals, or the legitimate rights and interests of others, including engaging in actions that interfere with, disrupt, negatively impact, or prevent other Users from using MONETAE services;
3. The User shall not use MONETAE services for market manipulation;
4. Without the prior written consent of FINTECH AMERICAS, S.A. DE C.V., the following commercial uses of MONETAE data are prohibited:
   • Trading services that utilize MONETAE quotes or market information from the announcement board;
   • Data feed or streaming services that use any market data from MONETAE;
   • Any other websites/applications/services that charge for or benefit from (including through advertising or referral fees) market data obtained from MONETAE.
5. Without the prior written consent of FINTECH AMERICAS, S.A. DE C.V., it is forbidden to modify, replicate, duplicate, copy, download, store, transmit, disseminate, disassemble, publish, delete or alter any copyright statements or labels, or to license, sublicense, sell, design, rent, lease, assign, pledge or otherwise exploit any part of the properties or create derivative works based on them.
6. The User may not and undertakes not to:
   • (i) Use any deep-link, web crawler, spider, scraper, bot, automated program, script, algorithm, or method, or any similar or equivalent manual process to access, obtain, copy, or monitor any part of the properties, or reproduce or bypass the navigational structure or presentation of MONETAE services in any manner in order to obtain or attempt to obtain any material, document, or information not intentionally made available through MONETAE services;
   • (ii) Attempt to access any part or function of the properties without authorization, or connect to MONETAE services or any MONETAE server or any other system or network related to MONETAE services through hacking, password mining, or any other unlawful or prohibited means;
   • (iii) Probe, scan, or test the vulnerabilities of MONETAE services or any network connected to the properties, or violate any security or authentication measures of MONETAE services or any network connected to MONETAE services;
   • (iv) Perform reverse lookups, track, or seek to trace any information about any other User or visitor of MONETAE services;
   • (v) Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of MONETAE services systems or networks, or the infrastructure of any systems or networks connected to MONETAE services;
   • (vi) Use any device, software, or routine program to interfere with the normal functioning of MONETAE services or any transaction conducted on MONETAE services, or the use of MONETAE services by any other person;
   • (vii) Forge headers, impersonate, or otherwise manipulate identifiers in order to disguise the origin of any message or transmission sent to MONETAE; or
   • (viii) Use MONETAE services for any unlawful purpose.

By accessing MONETAE services, the User agrees that FINTECH AMERICAS, S.A. DE C.V. has the right to investigate any violation of these T&C, unilaterally determine whether the User has breached these T&C, and take actions in accordance with applicable Laws, Regulations, Policies, or other MONETAE procedures—without the User’s consent or prior notice. MONETAE may:

• Block and cancel order requests;
• Freeze the User’s account;
• Report the incident to authorities;
• Publicly disclose the alleged violations and actions taken;
• Remove any posted content deemed to be in violation.

2. Account Transactions

Upon completing the registration and identity verification of their account on MONETAE, the User may carry out transactions within their MONETAE account in accordance with the provisions of these Terms & Conditions (T&C) and the rules of the MONETAE platform.

The User acknowledges and agrees that their Account is self-managed by the User. MONETAE reserves the right to limit the amount or number of transactions the User may request to carry out periodically, including by establishing minimum and/or maximum limits related to a Deposit, Operation, or Withdrawal.

a. Fees and Charges

The User agrees to pay FINTECH AMERICAS, S.A. DE C.V. the fees specified on its platform. With each transaction, the User authorizes us to deduct the applicable Fees and Charges from the balance credited to the User’s Account.

FINTECH AMERICAS, S.A. DE C.V. may, at its sole discretion, update the fees at any time. The updated fees will apply to any sale or other transaction occurring after the effective date of the updated fees. The User authorizes FINTECH AMERICAS, S.A. DE C.V. to deduct from their account any applicable charges owed under these Terms.

The applicable Fees and Charges do not include taxes, duties, levies, or government assessments of any kind, including but not limited to value-added, sales, use, or withholding taxes, that may be imposed by any jurisdiction (collectively, “Taxes”). The User is responsible for paying all Taxes associated with their Account, including all applicable national, federal, state, and local Taxes.

In the event MONETAE is legally required to pay or collect Taxes for which the User is responsible, MONETAE will deduct such amount from the User’s Account unless the User provides a valid tax exemption certificate issued by the competent tax authority. The User agrees to notify MONETAE if any withholding tax obligation or other legal, financial, tax, or reporting obligation applies with respect to their Account or any activity they conduct on the Platform. To the extent MONETAE is required to withhold any amount on behalf of a tax authority from the User’s account, MONETAE may do so in the available currency at a conversion rate determined by MONETAE.

3. Deposits

The User must make a Deposit before conducting any operations or other activities on the MONETAE Platform. Funds deposited by the User (whether fiat currency and/or digital assets) will be held in the name of the User by MONETAE as custodian, subject to the provisions of these Terms & Conditions (T&C).

With respect to each and every deposit, the User represents and warrants, both at the time of this agreement and at the time of each Deposit, that:

1. a) The User is the sole legal owner and beneficiary of the assets involved in any Deposit made on MONETAE;

The User has the legal authority to freely transfer the assets involved in the Deposit, and such assets are free from any lien, claim, or interest by any other party;

1. c) The Deposit does not include assets that are the subject of a property dispute with any other person;
2. d) The Deposit does not include assets derived from illegal sources; and
3. e) The Deposit does not violate any Applicable Law.

a. Deposits in Fiat Currency

To facilitate transactions involving fiat currencies, MONETAE offers an Account functionality that allows the User to transfer and receive fiat currencies supported and accepted by MONETAE Services. Deposits made by the User will be reflected in the User’s Account. MONETAE may, from time to time, accept deposits in additional fiat currencies and will update the corresponding list on the Platform.

MONETAE will only accept transfers made from a bank account held in the name of the User. The User is solely responsible for ensuring the accuracy and truthfulness of the information provided when making a bank transfer or deposit. Furthermore, the User understands and acknowledges that their bank may charge additional fees for transfers or bank deposits, and the User is exclusively responsible for the payment of such fees.

The User agrees that deposited funds will be credited to their MONETAE Account only after such funds have been effectively received by MONETAE (which may take up to five business days) and after the User verification and Due Diligence process has been successfully completed. The User acknowledges and agrees that MONETAE does not guarantee specific timelines for the crediting of funds to the Account and shall not be liable for settlement delays or deposits that cannot be credited. Such delays may result from technical issues or delays attributable to the payment service provider or intermediary banks.

The User understands and agrees that MONETAE may establish fees for fiat currency deposits. Information on such fees will be made available on the MONETAE Platform.

The User shall be responsible for:

1. a) Paying all fees charged by banks or service providers related to their transfers or deposits;
2. b) Ensuring that any deposit made into their Account complies with the specific requirements set by the corresponding bank or service provider and is fully compliant with Applicable Law;
3. c) Ensuring that there are no errors or omissions in the instructions provided for fiat currency transfers.

b. Digital Asset Deposits

To facilitate transactions involving digital assets, MONETAE offers through its Platform an Account functionality that allows the User to transfer and receive digital assets supported and accepted by the Services that MONETAE determines from time to time. Digital asset deposits must be made to the specific blockchain address designated by MONETAE on the corresponding blockchain network. MONETAE shall have no obligation to credit any deposit to the User’s Account until the digital assets have been effectively received, final settlement has occurred, and the required number of confirmations on the respective blockchain network has been completed, as determined at MONETAE’s sole discretion.

From time to time, MONETAE may accept additional digital assets for deposit and, in such case, will promptly update the list of supported assets on the Platform.

Before making a digital asset deposit, the User must provide MONETAE and/or any external service provider with the digital wallet address from which the transfer will be initiated, along with any additional documents required in compliance with MONETAE’s Know Your Customer (KYC) policy. MONETAE and/or its third-party providers may carry out necessary checks on the wallet address to ensure it is not linked to any illicit or prohibited activity.

The User must not make deposits in digital assets that are not explicitly listed on the MONETAE Platform. MONETAE will not accept such transfers and warns the User that they may permanently lose the digital assets transferred in this manner, with no possibility of recovery. MONETAE shall not be liable under any circumstances for losses arising from deposits or attempted deposits made in unsupported digital assets.

The User understands and agrees that MONETAE may establish fees for the deposit of digital assets. Information regarding such fees will be made available on the MONETAE Platform. Additionally, the User may incur fees charged by the blockchain network.

The User acknowledges and agrees that they are solely responsible for:

1. a) Covering all processing costs, mining or validation fees, and other charges associated with transferring digital assets on the relevant blockchain network;
2. b) Ensuring that the correct digital asset is sent to the address designated by MONETAE;
3. c) Ensuring that the digital asset transfer is processed, validated, and successfully completed by the blockchain network to the address provided by MONETAE; and
4. d) Ensuring that any digital asset deposit fully complies with the specific requirements established by the service provider processing the transfer and with applicable law.

c. Minimum and Maximum Deposits

Minimum Deposit

Fiat Currency: The minimum deposit amount on the platform is the equivalent of US$45.00 (ten U.S. dollars).

Maximum Deposit

The Maximum Deposit allowed, measured on a monthly cumulative basis, will be determined based on the Compliance Level assigned to the User. This Level is initially established during the registration and due diligence process, in which the User must provide satisfactory evidence to MONETAE regarding their financial capacity and the legitimate origin of the funds intended for use.

The User has the option to request an update to their Compliance Level through the Platform, by submitting any additional documentation that MONETAE may deem relevant. When requesting such an update, the User must provide further proof supporting the lawful and legitimate origin of the funds, as well as demonstrate a greater financial capacity consistent with the new requested Level.

MONETAE will carefully review these requests and the corresponding documentation, and reserves the exclusive right to approve or deny the requested change to the User’s Compliance Level. MONETAE may request additional evidence at any time regarding the origin and legitimacy of the funds and also reserves the right to reduce or revoke the limits granted to the User based on compliance with these Terms and applicable regulations.

Compliance Levels for Natural Persons

• Level I: Up to US $1,000.00
• Level II: Up to US $5,000.00
• Level III: Up to US $10,000.00
• Level IV: Up to US $25,000.00
• Level V: Up to US $50,000.00
• Level VI: Above US $50,000.00

Compliance Levels for Legal Entities

• Level I: Up to US $25,000.00
• Level II: Up to US $50,000.00
• Level III: Up to US $100,000.00
• Level IV: Up to US $250,000.00
• Level V: Up to US $500,000.00
• Level VI: Up to US $2,500,000.00
• Level VII: Above US $2,500,000.00

4. Digital Asset Trading – OTC Market

The purchase and sale of digital assets in the OTC (Over-the-Counter) market offers Users the ability to trade digital assets efficiently, leveraging the strong liquidity of MONETAE and its providers. With the support of MONETAE’s advanced trading engine, which is integrated in real-time with multiple liquidity providers, the service seeks the best available offers to optimize trade execution.

When a quote is requested, the tool automatically calculates the price based on the volume to be traded, taking into account factors such as costs, volume, liquidity, best bid/offer, and average market price. The quote is then presented to the User with its validity period, including the commissions applicable to the transaction.

If the User accepts the quote within the specified time frame, MONETAE will proceed to execute the order, debiting the digital asset that the User is selling and crediting the digital asset that the User is purchasing. If the User does not accept the quote within the allotted time, a new quote may be requested.

Cancellation

For orders initiated through MONETAE services, cancellation is only possible before the order has been matched with market orders. Once the order has been matched, the User may not change, revoke, or cancel their authorization for MONETAE to complete the order.

For partially matched orders, the User may cancel the unmatched portion of the order, unless that portion has already been matched. MONETAE reserves the right to reject any cancellation request related to orders submitted by the User.

If the User’s account does not hold a sufficient quantity of digital assets to execute an order, MONETAE may either cancel the entire order or execute a partial order using the quantity of digital assets available in the User’s account.

5. Digital Asset Trading - SPOT Market

Transactions in the SPOT Market are executed as "Market Orders", in which the User requests the immediate purchase of an asset at the best available price in the market. This allows for rapid execution of orders and helps ensure their completion, even in volatile market conditions.

The User understands and agrees that price fluctuations may occur due to market volatility. Additionally, the User acknowledges that in fast-moving market conditions, the order may be executed at a price different from the expected one. MONETAE assumes no responsibility for any price volatility or slippage.

By entering the SPOT Market, it is essential to understand that this trading environment involves substantial risks. While it presents attractive opportunities, the SPOT Market requires a thorough understanding of its specific dynamics, as volatility may result in significant gains or losses within short periods. By choosing to participate in the SPOT Market, the User fully accepts responsibility for their decisions, acknowledging the associated risks. It is recommended to seek professional financial advice and conduct thorough analysis prior to engaging in SPOT Market trading.

In the event that MONETAE identifies an error or malfunction related to any transaction carried out through the User’s Account, MONETAE reserves the right to correct such error or malfunction by crediting or debiting the User’s Account as necessary, as well as to cancel or modify any affected transaction. If the User’s Account lacks sufficient fiat currency or digital assets to cover the required correction, the User shall be obligated to promptly provide MONETAE with any shortfall in fiat or digital assets.

MONETAE also reserves the right to cancel or modify any order submitted in error, or when it deems such action necessary or advisable due to:

1. a) Compliance with applicable laws or MONETAE’s internal policies; or
2. b) An order or request issued by any competent regulatory, governmental, tax, or law enforcement authority.

6. Public Offerings of Digital Assets

MONETAE may make available to its Users Public Offerings of Digital Assets issued and marketed in accordance with the provisions of the Digital Assets Issuance Law of the Republic of El Salvador, as well as other applicable laws and regulations.

The characteristics of such assets, along with their terms, conditions, and applicable fees, may vary for each asset and will be made available on the MONETAE Platform. Each User is responsible for reviewing and understanding the offering prospectuses and any other documentation published in connection with the issuance, offering, or sale of digital assets. These prospectuses will also include all risk factors related to the digital assets being offered.

7. Withdrawals

Users may withdraw fiat currency or digital assets from their Accounts provided that:

1. i) There is a sufficient balance in their Account to process the Withdrawal for the requested amount; and
2. ii) Their Account is not suspended (in whole or in part), and there is no ongoing dispute or claim concerning the ownership of the assets in their Account.

MONETAE may impose minimum and maximum limits on the amount of fiat currency or digital assets that may be withdrawn from the User’s Account.

The User understands and agrees that fiat currency withdrawals may only be made to a bank account registered in the User’s name. MONETAE reserves the right to reject or deny any fiat currency withdrawal to a bank account registered under a third party’s name.

A digital asset withdrawal may only be made to an Approved Wallet. The User must provide MONETAE with the address of the Approved Digital Wallet when requesting a Withdrawal.

If the User provides a wallet address that does not correspond to an Approved Digital Wallet, the User acknowledges and agrees that this may result in the permanent loss of the digital assets involved in the transaction. MONETAE shall not be held liable for any loss or damage the User may incur as a result of such an error.

The User further acknowledges and agrees that MONETAE and/or its external service providers may request additional information or documentation and may conduct verifications of the Approved Digital Wallet address provided by the User. These verifications aim to confirm ownership of the wallet and ensure it has not been associated with illegal or prohibited activities or parties.

The User is solely responsible for ensuring the accuracy of the information provided in any Withdrawal request—whether for fiat or digital assets. MONETAE will not be able to reverse any processed Withdrawal and shall not be held liable if the User has submitted incorrect or inaccurate information, including:

1. a) Incorrect banking details for fiat currency withdrawals;
2. b) Incorrectly formatted, invalid, or erroneous wallet addresses for digital asset withdrawals.

The User will be fully responsible for:

1. a) Paying all fees charged by banks or service providers related to Withdrawals;
2. b) Covering any Transaction Fees established by MONETAE for withdrawals;
3. c) Bearing any blockchain processing fees, including mining or validation costs;
4. d) Ensuring the absence of errors or omissions in the information provided for any Withdrawal;
5. e) Ensuring compliance with the specific requirements of the bank or service provider processing the Withdrawal and with Applicable Law.

The User expressly authorizes MONETAE to deduct the applicable Transaction Fees from the total Withdrawal amount, so that the amount received by the User reflects the requested amount minus such fees.

MONETAE reserves the right to reject or deny any Withdrawal transaction if it believes the User does not meet the requirements established in these Terms. Furthermore, MONETAE does not guarantee the complete or timely execution of Withdrawal requests, and Withdrawals may be delayed or periodically unavailable due to:

1. a) Technical issues beyond MONETAE’s control, such as blockchain network congestion, outages, processing errors, or failures;
2. b) Suspension, termination, or unavailability of Services in whole or in part under these Terms;
3. c) Legal restrictions, based on MONETAE’s interpretation of Applicable Law or in response to orders or requests from regulatory, governmental, or law enforcement authorities;
4. d) Investigations related to fraud or illicit activity associated with the User’s Account.

MONETAE cannot guarantee specific timeframes for the completion of withdrawals and shall not be held liable for any settlement delays. If the User does not wish to accept these risks, they should refrain from using or accessing MONETAE’s Services.

User Conduct

The User agrees and undertakes not to violate any law, contract, intellectual property, or other third-party rights, and acknowledges that they are solely responsible for their conduct while accessing or using the Service. The User also agrees not to:

• Use or attempt to use another user’s Account;
• Bypass or ignore instructions that control access to the Service, including attempting to circumvent any rate-limiting system by using multiple API keys, directing traffic through multiple IP addresses, or otherwise obscuring the source of traffic sent to MONETAE;
• Impersonate any person or entity, or use a digital wallet to conduct a transaction on MONETAE that is owned or controlled, in whole or in part, by another person;
• Use our Service for commercial purposes not in line with these Terms or any other instructions;
• Use the Service, including by deploying any software or interacting with any API, in a way that could damage, disable, overload, or impair the functioning of the Service in any manner;
• Claim a MONETAE username for the purpose of reselling it, misleading others, deriving goodwill from others, or engaging in name squatting;
• Distribute spam;
• Reverse-engineer, duplicate, decompile, disassemble, or decode any part of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or restrict access to any part, area, or code of the Service;
• Sell or resell the Service or attempt to circumvent any MONETAE fee system;
• Use any data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other unauthorized automated means or interfaces to access the Service, extract data, or otherwise interfere with or modify the display or functionality of the Service’s pages;
• Engage in behavior intended to or having the effect of artificially inflating the ranking of an item or collection in search results, or artificially increasing the number of views, favorites, or other metrics that MONETAE may use to organize search results;
• Use the Service for or in connection with money laundering, terrorism financing, or their predicate offenses, or other illicit financial activity, or in any manner in violation of applicable laws or regulations governing either the User or MONETAE;
• Use the Service or data collected from the Service for any advertising or direct marketing activity (including but not limited to email marketing, SMS marketing, and telemarketing);
• Use the Service to create, sell, or purchase digital assets or other items that grant owners rights to participate in an ICO or any securities offering, or that are redeemable for securities, commodities, or other financial instruments;
• Use the Service, directly or indirectly, for or on behalf of, or for the benefit of: a) any individual or entity subject to Sanctions; b) any individual or entity located in, ordinarily resident in, or organized under the laws of any Sanctioned Jurisdiction; or c) any entity that is owned or controlled, directly or indirectly, by any individual or entity located in, ordinarily resident in, or organized under the laws of any Sanctioned Jurisdiction;
• Infringe or violate the intellectual property rights or any other rights of third parties;
• Use the Service for any unlawful or unauthorized purpose, including price manipulation, fraud, or any misleading, deceptive, or manipulative activity;
• Use the Service in any way that could interfere with, disrupt, negatively affect, or prevent other users from fully enjoying the Service.

1. Obstacles arising from MONETAE's interpretation of Applicable Law or orders or requests from regulatory, governmental, or law enforcement authorities.
2. Investigations related to fraud or illicit activities linked to the User's Account.

MONETAE cannot guarantee specific timelines to complete withdrawals and will not be liable for delays in their settlement periods. If the User does not wish to assume these risks, they should refrain from using or accessing MONETAE's Services.

Disclaimer of Warranties

To the maximum extent permitted by applicable law, MONETAE services are provided “as is” and “as available,” and FINTECH AMERICAS, S.A. DE C.V. expressly disclaims, and the User waives, all warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, or warranties arising from course of performance, course of dealing, or usage in trade.

Without limiting the foregoing, FINTECH AMERICAS, S.A. DE C.V. makes no representation or warranty that the MONETAE site, services, or materials will be accurate, complete, reliable, current, or error-free. FINTECH AMERICAS, S.A. DE C.V. does not guarantee that any transaction will be executed, accepted, recorded, or remain open.

Except for express statements, agreements, and rules set forth in these T&C, the User acknowledges and agrees that they have not relied on any other statements or agreements, whether written or oral, in connection with their use and access to MONETAE.

Without limiting the foregoing, the User understands and agrees that FINTECH AMERICAS, S.A. DE C.V. shall not be liable for any loss or damage arising out of or related to: a) Any inaccuracy, defect, or omission in digital asset pricing data; b) Any error or delay in the transmission of such data; c) Any interruption of such data; d) Scheduled or unscheduled maintenance carried out by MONETAE and resulting interruptions or changes to the service; e) Any damage caused by the actions, omissions, or breach of these T&C by other Users; f) Any damage resulting from illegal acts by third parties or unauthorized actions not permitted by FINTECH AMERICAS, S.A. DE C.V.; and g) Any other exclusions mentioned in platform disclaimers or rules issued by FINTECH AMERICAS, S.A. DE C.V.

Limitation of Liability

To the maximum extent permitted by applicable law, FINTECH AMERICAS, S.A. DE C.V., its respective affiliates, shareholders, members, directors, officers, employees, attorneys, agents, legal representatives, providers, or contractors shall not be liable for any incidental, indirect, special, punitive, consequential, or similar damages (including, without limitation, loss of data, revenue, profits, anticipated savings, business, goodwill, data corruption, or any other economic or financial loss) arising from or related to the access or use of the services offered by or on behalf of MONETAE, or the inability to access or use such services, regardless of whether such damages were foreseeable or whether such parties were advised of the possibility of such damages, and regardless of the cause of action (contract, tort, negligence, strict liability, breach of statutory duty, unjust enrichment, or any other legal or equitable theory), except in cases where a final judicial determination establishes that such damages were the result of gross negligence, fraud, willful misconduct, or intentional breach of law by FINTECH AMERICAS, S.A. DE C.V., as applicable.

Additionally, none of the aforementioned parties shall be liable for any losses or damages arising directly or indirectly from:

• Errors or omissions in information, instructions, orders, agreements, notices, communications, or scripts provided by the User;
• Loss or corruption of data;
• Server failures or information leaks;
• Unauthorized access;
• Third-party activities, including computer viruses or exploitation of vulnerabilities through phishing, brute force, or similar attacks; or
• Any other circumstance where liability is expressly excluded under these Terms.

Notwithstanding any provision to the contrary in these Terms, the maximum aggregate liability of FINTECH AMERICAS, S.A. DE C.V., its affiliates, and representatives, whether in contract, tort (including negligence), breach of statutory duty, unjust enrichment, or any other legal or equitable basis, shall be limited to the total amount paid by the User to the relevant party for access or use of the services in the six (6) months immediately preceding the event giving rise to the claim.

Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to certain Users.

Indemnification

The User agrees to indemnify and hold harmless the operators of MONETAE, their affiliates, contractors, licensors, and their respective directors, officers, employees, and agents from and against any claim, action, proceeding, investigation, demand, cost, expense, and damages (including attorneys’ fees, fines, or penalties imposed by any regulatory authority) arising out of or relating to: (i) the User’s use of, or conduct in connection with, the MONETAE services; (ii) the User’s breach or enforcement of these Terms & Conditions; or (iii) the User’s violation of any applicable law, regulation, or third-party rights during their use of MONETAE services.

If the User is obligated to indemnify the operators of MONETAE, their affiliates, contractors, licensors, or their respective directors, officers, employees, or agents under these T&C, FINTECH AMERICAS, S.A. DE C.V. shall have the right, in its sole discretion, to control any action or proceeding and to determine whether FINTECH AMERICAS, S.A. DE C.V. wishes to settle, and if so, under what terms and conditions.

Electronic Communications and Notices

The User agrees and consents to receive all communications, agreements, documents, receipts, notices, and disclosures (hereinafter, “Notices”) related to these Terms, their Account, or any of the Services provided by MONETAE in electronic format. The User agrees that MONETAE may deliver such Notices by posting them on the Services (including public posting on the Platform’s website), by email sent to the address provided by the User at the time of Account registration, through messaging applications or services linked to their Account, or via SMS or text messages sent to the mobile phone number provided by the User during registration.

The User understands and agrees that it is their sole responsibility to regularly check their Account, the Platform’s website, other Services, as well as the registered email address and mobile phone number for new Notices. The User also agrees to promptly notify MONETAE of any changes to their email address or mobile phone number.

In the event MONETAE is unable to contact the User using the information provided at registration or subsequently updated, MONETAE shall have no obligation to seek alternative contact information. Notices shall be deemed properly delivered when sent in accordance with the terms of this clause, using the contact information provided by the User. The User acknowledges and agrees that MONETAE shall not be liable in any way for consequences resulting from the use of contact information provided by the User for the delivery of Notices.

Termination of Agreement

The User agrees that FINTECH AMERICAS, S.A. DE C.V. shall have the right to immediately suspend their MONETAE account (including any beneficially owned accounts of related or affiliated entities), freeze or block digital assets or funds in any such accounts, and suspend the User’s access to MONETAE for any reason, including if FINTECH AMERICAS, S.A. DE C.V. suspects that such accounts are in violation of these T&C, the policies established by FINTECH AMERICAS, S.A. DE C.V., or any applicable laws and regulations. This may be done in accordance with FINTECH AMERICAS, S.A. DE C.V.’s internal compliance and monitoring processes, without prior notice or compensation of any kind to the User.

The User agrees that FINTECH AMERICAS, S.A. DE C.V. shall not be liable to the User for any permanent or temporary modification of their MONETAE account, or the suspension or termination of access to all or part of the MONETAE services. FINTECH AMERICAS, S.A. DE C.V. reserves the right to retain and use transaction data or other information related to such MONETAE accounts.

The aforementioned account restrictions may also apply in the following situations:

1. The MONETAE account is subject to a government proceeding, criminal investigation, or other pending litigation;
2. FINTECH AMERICAS, S.A. DE C.V. detects unusual activity in the User’s account;
3. FINTECH AMERICAS, S.A. DE C.V. detects unauthorized access to the User’s account;
4. FINTECH AMERICAS, S.A. DE C.V. is legally required to act by court order or directive from a regulatory or governmental authority.

In any of the following cases, FINTECH AMERICAS, S.A. DE C.V. shall have the right to terminate the relationship by canceling the User’s MONETAE account, and shall have the right—but not the obligation—to permanently freeze (cancel) authorizations related to the MONETAE account and remove the account from the platform after termination of services to the User:

1. The User registers or attempts to register under another person’s name, directly or indirectly;
2. The information provided is false, inaccurate, outdated, or incomplete;
3. Upon amendment of these T&C, the User expresses unwillingness to accept the revised terms by requesting account cancellation or by other means;
4. The User voluntarily requests the cancellation of MONETAE services;
5. The User breaches any contractual provision contained herein or any provision of these Terms and Conditions of Use;
6. The User’s funds originate from illegal or criminal activities, or the User no longer complies with our policies and regulations on anti-money laundering, counter-terrorism financing, and the prevention of weapons of mass destruction proliferation financing;
7. Any other circumstance in which FINTECH AMERICAS, S.A. DE C.V. determines that it must terminate the MONETAE services with the User.

In the event the User cancels their MONETAE account, the account and transactional information that meets data retention standards shall be securely stored for 15 years. Additionally, if a transaction remains pending during the account cancellation process, FINTECH AMERICAS, S.A. DE C.V. shall have the right to notify the User’s counterparty of the situation.

The User acknowledges that an account initiated by the User and later deleted under applicable data privacy regulations will still be subject to the termination protocol outlined above.

If MONETAE is notified that any digital asset or funds held in the User’s MONETAE account are stolen or otherwise not legally owned by the User, FINTECH AMERICAS, S.A. DE C.V. may, but is not obligated to, place an administrative hold on the affected funds and account. If an administrative hold is imposed, it may remain in place until the dispute is resolved and satisfactory evidence of such resolution is provided to FINTECH AMERICAS, S.A. DE C.V.

FINTECH AMERICAS, S.A. DE C.V. will not become involved in nor adjudicate any such disputes. The User agrees that FINTECH AMERICAS, S.A. DE C.V. shall have no liability for any such hold or for the User’s inability to withdraw funds or execute transactions during the period the hold is in effect.

Account Cancellation & Additional Grounds for Termination

In any of the following events, FINTECH AMERICAS, S.A. DE C.V. shall have the right to immediately terminate these Terms and cancel the User’s MONETAE account, and shall have the right—but not the obligation—to permanently freeze (cancel) the account authorizations and remove the corresponding MONETAE account. Once FINTECH AMERICAS, S.A. DE C.V. terminates the services to the User:

1. It is alleged that the User registers or has registered under another person’s name as a MONETAE User again, directly or indirectly;
2. The information provided by the User is false, inaccurate, outdated, or incomplete;
3. Upon modification of these Terms, the User refuses to accept the revised Terms by requesting account cancellation or through other means;
4. The User requests that MONETAE services be terminated; and
5. Any other circumstance in which FINTECH AMERICAS, S.A. DE C.V. considers that services must be terminated.

If the User’s MONETAE account is cancelled, the account and any transactional information that complies with data retention standards will be securely stored for 15 years. Additionally, if any transaction remains pending at the time of the account cancellation, FINTECH AMERICAS, S.A. DE C.V. has the right to notify the User’s counterparty of the situation.

The User acknowledges that an account deletion request initiated by the User (including rights of erasure under GDPR or equivalent regulations) shall also be subject to the cancellation protocol described above.

If FINTECH AMERICAS, S.A. DE C.V. is informed that any digital asset or fund held in the User’s MONETAE account is stolen or otherwise not lawfully owned by the User, it may—but is not obligated to—place an administrative hold on the affected funds and account. If such a hold is placed, FINTECH AMERICAS, S.A. DE C.V. may continue to enforce that hold until the dispute is resolved and satisfactory evidence of resolution is provided to MONETAE in a form acceptable to it.

FINTECH AMERICAS, S.A. DE C.V. will not become involved in or adjudicate any such dispute. The User agrees that FINTECH AMERICAS, S.A. DE C.V. shall have no liability for any such hold, nor for the User’s inability to withdraw assets or funds, or execute transactions during the period of the hold.

1. Remaining Funds After Account Cancellation

Except as provided below, once a MONETAE account is closed or canceled, the remaining balance in the account (including any fees and liabilities owed to MONETAE) must be immediately paid to MONETAE.

Upon full payment of any outstanding charges to MONETAE (if any), the User shall have five (5) business days to withdraw all assets or funds from the account.

2.Remaining Funds After the Cancellation of a MONETAE Account Due to Fraud, Law Violation, or Violation of These Terms

MONETAE retains full custody of digital assets, funds, and the User’s data/information, which may be turned over to governmental authorities in the event of account cancellation or closure due to fraud investigations, violations of the law, or breaches of these Terms.

3. Inactive Accounts

Notwithstanding any provision in this section, FINTECH AMERICAS, S.A. DE C.V. may provide written notice to the User requiring them to close and withdraw all digital assets from their MONETAE account within 30 days of such notice. If the User fails to do so, FINTECH AMERICAS, S.A. DE C.V. may, at its sole discretion and without further notice:

1. a) Deem the User’s MONETAE account as an inactive account;
2. b) Close any open positions in any MONETAE product;
3. c) Convert the digital assets to a different type of digital asset (e.g., from BTC to BUSD). For the avoidance of doubt, none of the MONETAE operators shall be liable for any loss of profits, tax obligations, or any other loss, damage, or expense incurred as a result of such conversion;
4. d) Transfer the inactive account (including the digital assets it contains) to an affiliate of the MONETAE operators, to any third-party custodian, or to a segregated wallet where FINTECH AMERICAS, S.A. DE C.V. reasonably deems it necessary. If such a transfer occurs, the User retains the right to recover their digital assets subject to FINTECH AMERICAS, S.A. DE C.V.’s verification requirements, including applicable Know Your Customer (KYC) procedures;
5. e) Charge an inactive account fee to cover the cost of maintaining the assets by MONETAE operators, their affiliates, or any third party, which shall be deducted monthly directly from the inactive account; and
6. f) Close an inactive account at any time, with FINTECH AMERICAS, S.A. DE C.V. bearing no liability for any loss, damage, or expense incurred as a result of such closure, except in cases of fraud or willful misconduct by FINTECH AMERICAS, S.A. DE C.V. The assets from such inactive accounts shall be transferred in accordance with item (d) above.

After an inactive account is closed, it cannot be reactivated. If the User wishes to continue using MONETAE services, they will be required to register a new MONETAE account.

Absence of Financial Advice

FINTECH AMERICAS, S.A. DE C.V. is not a broker, intermediary, agent, or advisor, and assumes no fiduciary relationship or obligation to the User in connection with any trade or other decisions or activities undertaken by the User using the MONETAE services.

No communication or information provided to the User by FINTECH AMERICAS, S.A. DE C.V. is intended to, nor shall it be considered or construed as, investment advice, financial advice, trading advice, or any other form of advice.

Unless otherwise specified in these Terms, all trades are executed automatically, based on the parameters of the User’s order instructions and in accordance with the standard trade execution procedures, and the User is solely responsible for determining whether any investment, investment strategy, or related transaction is appropriate in light of the User’s personal investment objectives, financial circumstances, and risk tolerance. The User shall be solely responsible for any losses or liabilities arising from such decisions.

The User is strongly encouraged to consult with legal or tax professionals regarding their specific situation. Before deciding to buy, sell, or hold any digital asset, the User must conduct their own due diligence and consult with their financial advisors prior to making any investment decision.

FINTECH AMERICAS, S.A. DE C.V. shall not be liable for any decisions the User makes to buy, sell, or hold digital assets based on information provided by MONETAE.

Compliance with Local Laws

It is the responsibility of the Users to fully comply with local laws regarding the lawful use of MONETAE Services in their respective jurisdictions, as well as with any other laws and regulations applicable to them.

Users must also consider, to the extent required by their local laws, all aspects of taxation, including withholding, collection, reporting, and remittance to their relevant tax authorities.

Privacy Policy

Access to MONETAE services will require the submission of certain personally identifiable information. Please review MONETAE’s Privacy Policy at https://www.monetae.io/privacy for a summary of MONETAE’s guidelines regarding the collection and use of personal identification information.

Intellectual Property

Except for any User Content provided (excluding Feedback and market data or other derivations generated from the User’s activity and/or MONETAE’s activity on the Platform or through the use of the Services), all Intellectual Property Rights related to the Services are the exclusive property of MONETAE, its affiliates, group companies, and/or licensors.

MONETAE grants the User a limited, non-exclusive, non-transferable, non-sublicensable, royalty-free license to access and use the Services solely for lawful purposes and in accordance with these Terms. The User may not use or reproduce MONETAE’s trademarks or service marks without prior written authorization.

The User is expressly prohibited from selling, reselling, transferring, distributing, copying, sharing, reverse engineering, modifying, or creating derivative works based on MONETAE’s Intellectual Property Rights. Likewise, the User may not use any name, trademark, logo, or domain that resembles those of MONETAE. The User must refrain from any act or omission that may dilute, damage, or interfere with MONETAE’s reputation or Intellectual Property Rights.

The license granted under this clause will be automatically revoked if the User’s Account is suspended or canceled, or if their access to the Services is otherwise suspended.

The User acknowledges and agrees that MONETAE has the right to sell, resell, transfer, distribute, copy, share, modify, or create derivative works based on its own Intellectual Property Rights in any form and by any means.

Dispute Resolution: Forum, Arbitration, Class Action Waiver

As a first step, the User must contact FINTECH AMERICAS, S.A. DE C.V., which will attempt to address the User’s concerns without resorting to formal legal proceedings, if possible. If the User has a dispute with FINTECH AMERICAS, S.A. DE C.V., they must initiate communication, and a ticket number will be assigned. FINTECH AMERICAS, S.A. DE C.V. will attempt to resolve the dispute internally as promptly as possible.

The parties agree to negotiate in good faith to resolve the dispute (and such discussions will remain confidential and subject to the applicable rules that protect settlement discussions from being used as evidence in any legal proceeding).

In the event that the dispute cannot be satisfactorily resolved, and the User wishes to assert a legal claim against MONETAE, the User agrees to first establish the basis of such claim in writing by submitting a “Notice of Claim” as a form of prior notice to MONETAE. The Notice of Claim must:

1. Describe the nature and basis of the claim or dispute;
2. Specify the specific relief sought;
3. Provide the original ticket number; and
4. Include the email address associated with the User’s MONETAE account.

The Notice of Claim must be sent to an email address or hyperlink provided in correspondence with MONETAE. Once the User has submitted the Notice of Claim to MONETAE, the dispute referenced in the Notice of Claim may then be submitted to arbitration by either MONETAE or the User, in accordance with the section below.

For clarity, submitting a dispute to MONETAE for internal resolution and delivering a Notice of Claim to MONETAE are prerequisites to initiating arbitration (or any other legal proceeding).

During arbitration, the amount of any settlement offer made by the User or MONETAE shall not be disclosed to the arbitrator.

The User and the MONETAE operators agree that, subject to the preceding paragraph, any dispute, claim, or controversy between the User and MONETAE (and/or MONETAE operators) arising out of or relating in any way to these Terms & Conditions, or to their relationship with MONETAE (and/or MONETAE operators) as a user of MONETAE services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising during or after the termination of these T&C), shall be resolved through final and binding individual (non-class) arbitration, except as provided below under exceptions to the arbitration agreement.

All disputes, controversies, or claims arising from or related to this relationship—including but not limited to its existence, formation, validity, and nullity, as well as any modifications or related agreements and extra-contractual claims—shall be resolved through ad hoc arbitration in law, before three arbitrators: one appointed by each party, and a third appointed by the two chosen arbitrators, who shall serve as the president of the Arbitral Tribunal.

The seat of arbitration shall be San Salvador, in the Republic of El Salvador, and the proceeding shall be conducted under the Law on Mediation, Conciliation, and Arbitration of the Republic of El Salvador and the Rules of the Mediation and Arbitration Center of the Chamber of Commerce and Industry of El Salvador. The language of the arbitration shall be Spanish. The law applicable to this arbitration clause shall be the law of the Republic of El Salvador.

The procedure provided for under the law shall include the following modifications:

1. a) If one party refuses, unjustifiably delays, or fails to appoint its arbitrator within ten (10) business days following notification by the opposing party, the parties delegate such appointment to the Mediation and Arbitration Center of the Chamber of Commerce and Industry of the Republic of El Salvador. The same rule shall apply for the appointment of the third arbitrator if the first two cannot reach a consensus;
2. b) The arbitration shall follow the procedures set forth by law; and
3. c) The use of new technologies for all arbitral actions is expressly authorized.

Finally, the parties expressly waive any appeal against the arbitral award, which shall be final and binding.

Taxes and Regulatory Status

MONETAE makes no representations or warranties as to whether any activity conducted by the User related to digital assets on the MONETAE Platform will be subject to taxation by any tax authority in any jurisdiction worldwide. The User is solely responsible for seeking independent advice regarding all tax implications and other matters related to digital assets (including, but not limited to, the purchase, sale, or custody of such assets) and shall be solely responsible for managing and fulfilling their tax obligations.

Under no circumstances shall MONETAE or any of its affiliates be liable to the User or to any third party for any tax-related or similar consequences arising from the purchase, sale, or custody of digital assets on the MONETAE Platform or in connection with the Services, nor shall they be obligated to provide any assistance in preparing or filing legal forms, tax returns, or any other documentation required by tax or regulatory authorities.

Furthermore, MONETAE makes no representations or warranties of any kind regarding the necessity or requirement for the User to obtain any registration, license, or other consent from governmental, regulatory, or tax authorities in any jurisdiction in connection with the use of MONETAE Services or the associated Account. The User is solely responsible for seeking independent advice regarding their specific regulatory situation and remains fully responsible for complying with any applicable laws or regulations governing them or the legal entity they represent.

Miscellaneous Provisions

1. Independent Parties

FINTECH AMERICAS, S.A. DE C.V. is an independent contractor and is not the User’s agent in connection with these Terms & Conditions. These T&C shall not be construed as evidence of a partnership, joint venture, association, or franchise relationship between the parties.

2. Entire Agreement

These T&C constitute the entire agreement between the parties regarding the use of MONETAE’s services and supersede all prior oral or written agreements between the parties. No usage of trade or customary practice or method of dealing between the parties shall be used to modify, interpret, supplement, or alter the T&C contained herein. All policies published by MONETAE are considered part of these T&C.

3. Interpretation and Review

FINTECH AMERICAS, S.A. DE C.V. reserves the right to modify, revise, and/or change these T&C at any time. All changes will become effective immediately upon publication on the websites of FINTECH AMERICAS, S.A. DE C.V.. It is the User’s responsibility to regularly check the relevant pages of the websites/applications to confirm the most recent version of these T&C. If the User disagrees with such modifications, their sole remedy is to stop using MONETAE’s services and cancel their account. The User agrees that, unless expressly stated otherwise in these T&C, FINTECH AMERICAS, S.A. DE C.V. shall not be liable for any modification or termination of MONETAE services by the User or third parties, or for the suspension or cancellation of access to the services.

4. Force Majeure

FINTECH AMERICAS, S.A. DE C.V. shall not be liable to the User, nor shall it be deemed in breach of these Terms, for any failure, delay, error, malfunction, interruption, disruption, inactivity or unavailability in the provision of Services or performance under these Terms, where such circumstances are caused by events beyond the reasonable control of FINTECH AMERICAS, S.A. DE C.V., including but not limited to:

1. a) Acts of God;
2. b) Natural phenomena such as floods, fires, earthquakes, pandemics, or explosions;
3. c) War, invasion, hostilities (declared or undeclared), terrorist acts, or civil unrest;
4. d) Forks or vulnerabilities affecting the underlying software protocols governing the operation of digital assets available on the Platform;
5. e) Failures, interruptions, losses, or malfunctions of hardware, software, computer systems, telecommunications lines, or computing devices, or disruptions/losses in public services, data centers, or internet providers used by FINTECH AMERICAS, S.A. DE C.V. or its sub-custodians, agents, vendors, or affiliates;
6. f) Hacking, cyberattacks, or security breaches directly or indirectly affecting FINTECH AMERICAS, S.A. DE C.V., its sub-custodians, vendors, agents, or affiliates;
7. g) Laws, statutes, ordinances, regulations, rulings, judicial orders, resolutions, or decrees;
8. h) Acts of any nation or government, including political subdivisions or entities exercising legislative, judicial, or administrative functions, such as authorities, agencies, departments, boards, commissions, courts, or other competent jurisdictions; or
9. i) Any other circumstance beyond the reasonable control of FINTECH AMERICAS, S.A. DE C.V..

5. Severability

If any part of these T&C is found to be invalid or unenforceable, the invalidity or unenforceability shall not affect the other provisions, which will remain in full force and effect. The invalid or unenforceable portion shall be enforced to the fullest extent permitted by law.

6. Assignment

The User may not assign or transfer any right to use MONETAE’s services or any of their rights or obligations under these T&C without the prior written consent of FINTECH AMERICAS, S.A. DE C.V., including any rights or obligations related to legal compliance or change of control. MONETAE may assign or transfer any or all of its rights or obligations under these T&C, in whole or in part, without notice or requiring consent from the User.

7. Waiver

Failure by either party to enforce any provision shall not affect their right to enforce it at any later time. Likewise, a party’s waiver of any breach of these T&C or any provision shall not constitute a waiver of any subsequent breach or of the provision itself.

8. Third-Party Website Disclaimer

Any link to third-party websites from MONETAE’s services does not imply endorsement by FINTECH AMERICAS, S.A. DE C.V. of any product, service, or liability disclaimer presented, nor does it guarantee the accuracy of the information contained therein. If the User suffers losses from the use of a third-party product or service, FINTECH AMERICAS, S.A. DE C.V. shall not be liable. Since MONETAE has no control over the T&C or privacy policies of third-party websites, the User must read and understand those policies carefully.

9. Contact Information

For more information about MONETAE, Users may consult the corporate and licensing information available on the websites of FINTECH AMERICAS, S.A. DE C.V.. Any questions regarding these T&C should be directed to FINTECH AMERICAS, S.A. DE C.V. via the customer service team at https://www.monetae.io/contact.

The User may submit feedback in the form of questions, comments, suggestions, ideas, original or creative materials, or other information regarding MONETAE or the Services (collectively, “Feedback”), and by doing so, acknowledges and agrees that such Feedback is provided voluntarily and not in response to a solicitation by MONETAE. MONETAE reserves the right to use such Feedback for any purpose, at any time, and without any compensation to the User. The User acknowledges and agrees that MONETAE offers no guarantee of confidentiality or proprietary treatment of any Feedback submitted.

Declaration of Compliance

With full legal capacity, the undersigned hereby solemnly declares, under oath, to be fully aware of all legal implications related to these Terms & Conditions (T&C) and of the consequences of accepting them in order to use the services of MONETAE.

All assets delivered or received by the undersigned shall not have an illicit origin or destination, nor be in any way connected to criminal activities associated with money laundering, including all related activities as defined by International Treaties and Conventions, the laws of the country of origin, and the laws of the Republic of El Salvador concerning Money and Asset Laundering.

The User acknowledges and accepts each clause, term, and obligation set forth in this document and swears to comply faithfully with all its provisions.

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