UPDATE DATE 07/01/2023
These Terms and Conditions (these “Terms” or these “Terms and Conditions” or “T&C (Terms and Conditions)”) contained herein on this website, shall govern your use of this website, including all pages within this website. (collectively referred to below as this “Website”) which is owned by CORESOFT S.A. which has authorized its use by granting a license of use to EFY TECHNOLOGIES, S.A. DE C.V. (hereinafter “EFY Finance” or “the Company”), a company duly constituted and registered under the laws of El Salvador and identified with Tax Identification Number 0614-270423-109; and authorized to operate as a Bitcoin Service Provider as: Bitcoin Custodian, Digital Exchange Houses or Exchange, Digital Wallet for Bitcoin by the Government of El Salvador under Registration Code 648760ef51164005aa47d2df, with address at Residencial Villas de Valparaiso, Apto 14 Calle La Granjita, San Salvador department of San Salvador, El Salvador. These Conditions shall apply in full force and effect to your use of this Website and by using this Website, the User expressly accepts all Terms and Conditions contained herein in their entirety. You must not use this website if you have any objection to any of these Terms and Conditions.
This website is not for use by minors (defined as those who are not at least 18 years of age), and the user must not use this website if they are a minor.
These Terms and Conditions are applicable to all operations carried out on the Platform, including product promotions, where applicable, and are available on the web pages https://efy.finance and https: //app.efy.finance, along with the Company’s Privacy Policies, Risk Notices and Cookie Policies. By clicking on accept the T&C on the Platform, the User acknowledges that he has read and understood them in their entirety, accepts their content and acknowledges that they constitute a binding agreement between the User and the Company.
The company reserves the right to modify these Terms and Conditions at any time. It is the User’s responsibility to regularly read the Terms and Conditions, as they may change. Any modification will be published on the Site and will be considered accepted by the User if they continue to use the Site.
If the User does not agree with the modifications, he must inform the Company within 10 business days after the publication of the modification. In case of disagreement, the company will close the User’s Account after receiving instructions on the destination of the Digital Assets registered in the Account. In the meantime, the Account will remain locked.
Depending on the country of residence, it may be the case that a User may not be able to use all the functions of the Site. And even that, depending on the nationality, country of residence or country of issue of the User’s identity document, EFY Finance is prevented from providing the service or reserves the right to do so. Currently, EFY finance reserves the right to admit as Users all those who could be considered ‘US persons’ (US person being understood as a citizen or resident in the United States of America, and even those who, without residing, have an identity document issued by the United States of America, according to the legal definition of US Persons for the “Money Services Business” regulations).
2. Acceptance of this Agreement
Please review the following terms carefully. By accessing, linking, registering and/or using the Services (or by clicking “accept” or “agree” to this Agreement when prompted), you do so entirely at your own risk and therefore agree fully and without reservation be bound by the terms and conditions of this Agreement on behalf of yourself or the entity or organization you represent.
By linking, registering and/or using our Services, you expressly and unequivocally grant your authorization to EFY Finance to, directly or through third parties, process your personal data in accordance with the provisions of our Processing Policy.
If you do not agree to the terms and conditions of this Agreement, you may not use or access the Services and must immediately exit the Website or Platform.
The following words and expressions used in these T&Cs will have the following meanings:
“Digital Asset” Means the digital asset Bitcoin and any crypto asset that is offered by the Platform in the future.
“Wallet” Means a software application or other mechanism, the purpose of which is the custody and transfer of Digital Assets.
“Account” Means the registration on the Platform through which each User and their operations are identified.
“Automated Conversion” means the automated internal Conversion instructed by the Account Holder and carried out by Efy Finance to convert certain Fiat Currencies into one or more Digital Assets, or vice versa, as necessary for the provision of certain Services. In the event that, in the future, the Platform offers a multiplicity of Digital Assets, the Automated Conversion will also involve the conversion of one or more of these Digital Assets for another or others.
“Fiduciary Currencies”: Legal tender for the Jurisdiction of El Salvador
“Platform” Means the Application available for use and/or download through the efy.finance website, which offers the Services available to Users.
“Services” Refers to the services offered to Users by the Platform that include the purchase, sale, exchange, exchange, and custody of Bitcoin and other Digital Assets that are enabled in your Wallet in the future.
“User”: Means a natural person, of legal age in accordance with the current legislation of the jurisdiction of his or her domicile who accepts the T&C in order to be the Holder of an Account on the Platform and use the Services offered by it in accordance with the present.
“Fork”: is the term used to describe the fork generated in the Blockchain network at the time of birth of a new project or at the time of updating an existing one. Forks imply a series of rules for operating a cryptocurrency.
“Efy Finance Staking Product” or “Staking” means a product offered by Efy Finance, which allows you to earn returns on your Digital Assets by making the effective deposit in your wallet authorizing or ordering them to be arranged for the on-chain Staking product. in accordance with these General Terms.
“Staking Transaction” means a transaction related to a Staking Pair initiated by Efy Finance, through an Order from the user to stake the amount of Digital Assets deposited in their wallet;
“Staking” means delegating or blocking the Digital Assets deposited in the user’s wallet to earn Rewards;
“Stake Pair” means the Eligible Digital Asset paired with the Stake Digital Asset, both serving as a Base Asset or a Counter Asset, with respect to which a Stake Transaction, respectively a Disbursement Transaction, is initiated by the Client and executed by Efy Finance;
“Order” means an instruction from the user to Efy Finance to execute a Stake Transaction, respectively, a Non-Stake Transaction;
“Returns” means the rewards Efy Finance distributes to you in Staked Digital Assets, less the Efy Finance Staking Fee.
The User is expressly and emphatically restricted from all of the following:
- sell, sublicense and/or otherwise commercialize any material on the Website;
- use this website in any way that is or may be harmful to it;
- use this website in any way that affects users’ access to this website;
- use this website contrary to applicable laws and regulations, or in a way that causes;
- may cause harm to the Website or to any person or business entity;
- engage in any data mining, data harvesting, data extraction or any other similar activity in relation to this Website, or whilst using this Website;
Certain areas of this website or platform, as the case may be, are restricted access to the User and The Company may further restrict access to any area of this website and/or platform, at any time, at its sole discretion. absolute discretion. Any user ID and password you may have for this are confidential and you must maintain the confidentiality of such information.
5. Jurisdictions with International restriction:
The Platform may not be available in some countries due to international restrictions or commercial decisions. Company will determine in which jurisdictions the Services may be offered. According to the company’s policies, the following jurisdictions are restricted from using the Platform: Balkans, Belarus, Burma, Burundi, Central African Republic, North Korea, Ivory Coast, Crimea, Cuba, Democratic Republic of the Congo, United States, Hong Kong, Iran, Iraq, Lebanon, Libya, Liberia, Mali, Nicaragua, Palestine, Russia, Somalia, Sudan and Darfur, South Sudan, Syria, Ukraine, Yemen and Zimbabwe.
These jurisdictions are considered high risk or have weak measures to prevent money laundering and terrorist financing (AML/FT), or present strategic AML/FT deficiencies in accordance with international or local standards, therefore, they are considered by the company as jurisdictions in which we reserve the right to provide our services.
EFY Finance reserves the right to refuse the registration of a new Account at its sole discretion and/or in accordance with applicable regulations.
6. Third Party Links and Ads
The Services may include links to third-party websites, resources, applications and services, as well as advertisements (called “Third-Party Links”). These links are provided solely for your convenience and do not imply that they are owned or operated by, or have any connection with, the Company. Company does not review, approve, monitor, endorse, warrant, or make any representations regarding Third-Party Links.
The company has no control over the content, products or services of Third Party Links and is not responsible for them or for any loss or damage that may arise from their use. The presence of links to other websites or applications does not indicate an association, relationship, approval or endorsement by the company or its affiliates with the owners of those sites or content.
If you decide to access a Third-Party Link, you do so at your own risk and are subject to the terms and conditions of use for such link. It is your responsibility to make appropriate investigations before engaging in any transaction in connection with a Third-Party Link.
7. Warranties and Representations
By requesting the opening of a user account for the Services, the interested party, by the mere fact of doing so, will be declaring, guaranteeing and accepting the following:
a) All information presented will be true and accurate and you undertake to keep it that way at all times, as well as to update it when it changes and/or is requested by EFY Finance.
b) It has the necessary powers and authorizations to establish the legal relationship derived from the use of our Services and has the legal capacity to comply with the established Terms and Conditions.
c) Neither the User as account holder, nor its representatives, administrators and shareholders reside in countries or territories considered high risk according to the competent authorities in the Republic of Salvador, the Financial Action Task Force or our internal policies. Likewise, you agree to access our Services from countries and jurisdictions other than those mentioned.
d) The use of our services will at all times comply with applicable laws and regulations.
e) Neither the User as account holder, nor its representatives, administrators and shareholders are directly or indirectly involved in illegal activities or activities considered high risk according to the competent authorities in the Republic of Colombia, the International Financial Action Task Force or our policies. internal. Furthermore, The User has no relationship with people linked to judicial processes or restrictive lists related to illegal activities.
f) The User, as the holder of the user account of the Services, as well as its representatives, administrators and shareholders, declare that they are not linked to judicial processes and/or investigations and/or restrictive lists related to money laundering, financing of terrorism, the proliferation of weapons of mass destruction, child prostitution, acts of corruption, transnational bribery and other illegal and/or illicit activities.
Likewise, the User, as well as its representatives, administrators and shareholders, declare that they are not related, directly or indirectly, to people who are linked to judicial processes and/or investigations and/or restrictive lists related to money laundering, financing of terrorism, the proliferation of weapons of mass destruction, child prostitution, acts of corruption, transnational bribery, other illegal and/or illicit activities.
g) That the holder of the user account of the Services, as well as its representatives, administrators and shareholders, will take all measures aimed at preventing them, their agents and employees from using or paying sums of money, nor from using or giving gifts, for illicit and/or inappropriate purposes such as bribes, incentives or inducements in order to secure unjustified benefits in favor of or on behalf of EFY Finance and/or its related companies, nor will it engage in any conduct that could be considered an act of corruption or transnational bribery.
h) That the holder of the user account of the Services, as well as its representatives, administrators and shareholders are not related in any way to the activities listed below, nor are their funds or resources linked or derived from the same:
I. Sexual services – Includes, but is not limited to pornography, prostitution, sale of sexual accessories, escort agencies, etc.
II. Auction Services – Means online auction services and pawn shops.
III. Controlled Substances and Drug Paraphernalia – Includes, but is not limited to, activities related to the manufacturing, marketing or any other type of dealing directly or indirectly related to narcotics, prescription drugs, steroids or related paraphernalia or paraphernalia, unless authorized by the jurisdiction in which the activity is carried out and have the corresponding license, when applicable. Likewise, it includes, but is not limited to, activities related to equipment or material that is for making, using or concealing illegal drugs.
IV. Cyber blocking services – Includes, but is not limited to, activities related to the marketing or any type of management related to devices that are designed to block or interfere, without authorization, with cellular and personal communication services, radars of official authorities, global positioning systems and wireless network services.
V. Betting Services – Includes, but is not limited to, sports betting, casino games, horse racing, dog racing, games that may be classified as games of chance, bookmakers, lotteries, bingo, Internet gambling or other activities that facilitate any of the above, unless
8. Registered User accounts, security and verification
When registering as a Registered User and verifying the Account, you must choose a secret key to access it (password), being you the only person in charge of maintaining its confidentiality, and therefore responsible for the information and the use of your Account. Likewise, by registering you accept the responsibility of maintaining control of the security of any information, IDs, passwords or any code that you use to access the Platform. Any carelessness or lack of appropriate diligence on your part in relation to the handling of the information indicated above may result in unauthorized access to your Account by third parties, and the loss or theft of digital assets or funds held therein. Consequently, the user agrees to be solely responsible for keeping their email address, address and telephone number updated in their Account profile, so that they can receive any alert or notification that we may send you. EFY Finance will not be responsible for any loss or damage that you may suffer as a result of access by unauthorized third parties to your Account as a result of hacking or lost passwords, or for not acting in time to any alert or notification that we may send you. In the event that you believe that your Account access information has been compromised, please contact us immediately at firstname.lastname@example.org
The User undertakes to notify the Company immediately and through the enabled communication channels, if they detect and/or become aware of any unauthorized use of their Account, as well as entry or entry attempts by unauthorized third parties. authorized to the same and/or any other violation of security of your Account. The company’s staff will never ask the User to disclose their passwords.
Account verification consists of you providing personal information so that EFY Finance can verify that the person who claims to be registering on the Site is actually the person they claim to be and can validate that the origin of the funds transacted by that person is legitimate and that the They themselves belong to him. For this purpose, EFY Finance has tools that allow you to obtain this result and in particular there will be a difference between those people who wish to access one or another service offered by the platform depending on the risk and relevance of the amounts operated through the Site. or platform. EFY Finance reserves, as the case may be, and at its own discretion, the determination of the level of risk of the service offered, the amount from which it considers relevant, as well as the denomination of this amount and also reserves the right to modify these conditions at any time at its discretion, which will be available to the User and published on the Site or platform and can be consulted by the User at all times and especially prior to registration, verification and acceptance of conditions. EFY Finance reserves the right to request all the information it considers relevant and necessary for the User to operate any of the services it provides. EFY Finance also reserves the exclusive right to decide which Users can operate the services it provides.
If we find or suspect any inappropriate activity related to your Account, EFY Finance may request additional information, including document authentication, or freeze transactions for review. The user will be obliged to comply with these requests, or you accept that otherwise your Account will be closed. Likewise, in the event of these events you must immediately contact EFY Finance as indicated in the “Contact” point below.
The Account is personal, unique and non-transferable, and it is prohibited for the same Registered User to register or possess more than one account, or allow third parties to access the services offered by EFY Finance through their account, without the relevant prior authorization by part of EFY Finance. In the event that EFY Finance detects different accounts that contain matching or related data, it may cancel, suspend or disable them, without generating any right to compensation or compensation to said User.
The Registered User who violates any of these rules may be removed from our Site or platform, with the consequent closure of their Account, in addition to being held responsible for losses incurred by EFY Finance or any other Registered User of the Site, or any person in general, and that have been a product of this violation(s).
Despite having strict security controls on the Site, the User declares that he or she will not use other people’s accounts or help third parties gain access to them without prior and express authorization from EFY Finance.
9. Limitation of liability
The Platform aims to provide deposit, exchange and staking services for digital assets, which can be carried out by loading digital assets to your wallet through two modalities: (i) transfer of digital assets from another proprietary wallet. or use of the user’s wallet within the platform, and (ii) purchase on the platform’s Marketplace and assignment to their Wallet on the platform. Under this second modality, Efy Finance offers the intermediation service in the purchase and sale of digital assets provided by our allies. The prices of these digital assets are set in fiat currencies and vary depending on the country from which the transaction is carried out.
Users voluntarily accept that purchases made through the Marketplace available on the platform will be deposited exclusively in their wallet within the same platform. However, they will have the possibility of withdrawing their digital assets at any time, being subject to the commissions and T&C established here.
It is noted that the digital assets that can be deposited on the Platform are exhaustively listed on the Platform itself. The User understands and accepts that the company is limited to offering the service of buying and selling digital assets, but that it has no impact on their value and/or volatility and/or characteristics.
Under the exclusive will of the company, other additional digital assets may be added, as well as stop supporting one or more of those currently offered, if deemed appropriate. Under no circumstances is there an obligation for the company to add or stop supporting other digital assets other than the current ones.
Users will use the Services on the Platform by issuing instructions for the purchase, sale, exchange, exchange, and custody of Digital Assets through the same (the “Instruction”). By issuing an Instruction, the User accepts that once it is executed through the Platform, said transaction is irreversible and cannot be cancelled.
The company may establish minimum and/or maximum amounts for Instructions with Digital Assets, which can be consulted on the Platform at the time of issuing an Instruction. Instructions will not be accepted for transactions below or above the established minimums and maximums.
The User agrees that by issuing an Instruction he is solely responsible for determining whether said transaction is appropriate in accordance with his financial situation, financial capacity and/or his risk tolerance, and that he has read and understands the risks involved in carrying out transactions with Digital Assets. . The User acknowledges that all Instructions issued are done so under his/her sole discretion and at his/her own risk. EFY Finance does not assume any type of responsibility derived from errors of the owner of the user account associated with the Services when providing the data that, at any time, is required for the purposes of carrying out the operations that, with respect to digital assets. , are carried out through the Services. Therefore, holders of user accounts related to the Services have the burden of acting with the greatest diligence when carrying out operations through the Services.
By using the Services, the User accepts and acknowledges that The Company may not be able to cancel or modify an Instruction before it is executed. Accordingly, any attempt to cancel or modify an Instruction will not be recognized by The Company, unless such Instruction is expressly approved by The Company. The company will use its best efforts to execute all Instructions, but does not guarantee the execution of any type of Instruction and/or the execution thereof at a specific price or amount; and The company reserves the right not to execute Instructions in the following circumstances: (1) The Instruction is contrary to these T&C, the laws, regulations, rules or policies of The company, or involves the commission of any unlawful act, including but not limited to, money laundering or terrorist financing, fraud, swindling or defrauding; (2) an interruption or technical failure in the Services or a premature closure of operations; (3) force majeure, act of God, war (declared or undeclared), terrorism, fire or decision by a Digital Asset platform or service provider, regulatory or governmental authority that prohibits, interrupts, restricts, alters the conditions of use and/or trading of the corresponding Digital Asset; and/or (4) security violations of the Platform.
The company may establish monthly and annual limits for operating in order to maintain standards for the prevention of money laundering and financing.
The user acknowledges and orders that once the verification and creation process of their User account has been completed and when making effective deposits and/or loading digital assets in the Wallet assigned within the platform in any of the two modalities that were mentioned in the clause 9, the digital assets actually deposited will be used in your name and representation by Efy Finance to stake at its sole and absolute discretion, allowing your cryptography to be used as part of the blockchain validation process under the modality of “ Flash Loans” and, in this way, you will obtain periodic returns in digital assets which will be loaded by Efy Finance to your same wallet, within the limitations and conditions indicated on the Platform.
The returns that Efy Finance will recognize to the user for ordering the staking service will be only with respect to the digital assets actually deposited and, under no circumstances will returns be generated through this service for the digital assets recognized and deposited by Efy Finance in the wallet of the user. user as a result of promotions, offers or other loyalty strategies implemented by the platform.
Once you have actually deposited intangible assets or recharged your wallet, Efy Finance will show you the amount of Digital Assets in Stake. Efy Finance will process such cash deposit or top-up as an order to execute Participation Transactions immediately, while its status can be tracked in the Efy Finance Account. However, due to technical limitations, processing may take longer, for which Efy Finance cannot be held responsible. Efy Finance dedicates significant efforts to ensure that any processing that falls within the assumptions of the previous sentence is processed within a maximum period of 72 (seventy-two) business hours from your order or effective deposit.
The Staking transaction(s) will be initiated by Efy Finance upon receipt of the user’s order and/or instruction regarding the Staking Pairs, which are subject to review from time to time at the sole and absolute discretion of Efy Finance, and within the limits, as indicated on the Efy Finance Platform.
Periodic current returns will begin to accrue on Staked Wallet Digital Assets at a specified rate, less the Efy Finance Staking Fee, as indicated in your Efy Finance Account. Returns will not be guaranteed by Efy Finance, nor will they be determined by your level of loyalty. The returns will be distributed and will be visible in your Efy Finance Account, after they are received by Efy Finance, periodically, as established within the platform.
The returns, if any, will be accumulated until the date on which: (I) the user requests the withdrawal of their digital assets, which may be carried out at any time, taking into account that this operation could be subject to commissions in some cases as established in these T&C and which will be available for consultation on the Efy Finance platform, (II) the user requests the transfer to another wallet within the platform or transfer to external wallets, (III) the user orders to use said digital assets in the “ENTERPRISE FINANCING YIELDS” product offered by the platform and (IV) The return of the digital assets is made for the purposes of the closure or cancellation of the account whatever the cause that gave rise to it.
Efy Finance or the third parties involved in the Staking operation, in its sole and absolute discretion, may reverse or adjust any Participate Transaction or Withdraw Transaction executed, in the event that it detects a technical or system error, regardless of the reason. In case of reversal, the Counterparty Assets subject to the Participation Transaction, respectively the Disbursement Transaction, will be withdrawn from your wallet, and the Base Assets will be reloaded therein. In case of adjustment, the amount of Counterpart Assets subject to the Participation Transaction, respectively of the Unparticipation Transaction, will be adjusted accordingly in your wallet.
THE USER IS RESPONSIBLE FOR DETERMINING WHETHER THE USE OF THE STAKING PRODUCT OFFERED BY EFY FINANCE IS LEGAL IN THEIR JURISDICTION AND WILL NOT USE IT IF SUCH USE IS ILLEGAL IN THEIR JURISDICTION. IF YOU ARE UNSURE, SEEK INDEPENDENT LEGAL ADVICE.
11. Zero fractional reserve policy.
For the purposes of this clause, we have called the “zero fractional reserve policy” the commitment that Efy Finance voluntarily assumes to keep the digital assets of the users that have been effectively deposited within the platform registered at all times in the Blockchain (on chains).
The digital assets deposited on the platform will be registered in the Blockchain (on chain) at all times, which implies that the user will have continuous access to consult the balance of their digital assets deposited in the Blockchain. Consequently, even though the Staking service is provided with digital assets, the user will retain full ownership of them at all times, and will be able to consult their status in the blockchain uninterruptedly.
It is important to note that this zero fractional reserve policy will not be applicable to digital assets recognized and deposited by Efy Finance in the user’s wallet as a result of promotions, offers or other loyalty strategies implemented by the platform. Likewise, the returns generated through the Staking service or any other service provided by the platform and that have been deposited in the user’s Wallet for these concepts are also excluded from the aforementioned Zero Fractional Reserve Policy.
The digital assets generated as returns may be exchanged at the time of making a withdrawal, in accordance with the conditions stipulated in these Terms and Conditions (T&C), or by accessing the “ENTERPRISE FINANCING YIELDS” product available within the platform. It is explicitly stated that this zero fractional reserve policy will not be applicable to the “ENTERPRISE FINANCING YIELDS” product.
With the acceptance of these T&Cs, the owner of the user account associated with the Services entrusts EFY Finance to carry out the tasks so that, in its name and on its behalf, directly and/or through third parties, it carries out each and every one of the procedures necessary to carry out the operations associated with the Services in accordance with the provisions of these T&C, which includes, but is not limited to (i) receiving the funds provided by the user account holder for the sole purpose of complying with its instructions in relation to the purchase of digital assets in its name and for its account; (ii) buy/sell digital assets in the name and on behalf of the user account holder at the rates provided through the Services in accordance with the provisions of these T&C; (iii) receive, in the name and on behalf of the user account holder, the amounts derived from the sale of digital assets made following the instructions of the account holder, with the sole purpose of and maintain them until proceed with the transfer of the same to the owner in accordance with the instructions that he has provided for this purpose; (vi) send the digital assets acquired by the account holder to be held in custody by EFY Finance’s allies and proceed to withdraw them when the account holder requests to proceed with their sale; (iii) all those instructions that, through the Services, are given by the account holder in accordance with the options that for this purpose are provided through them, and (iv) all those procedures that, being associated with the Services, must or may be carried out in the name and on behalf of the account holder in accordance with the provisions of these T&C.
The mandate conferred here will be irrevocable, and will end once the legal relationship that arises between the parties as a result of the acceptance of these T&C has been finalized.
The mandate conferred here will be remunerated in accordance with the corresponding costs and commissions in accordance with the provisions of these T&C. In the case of purchase/sale of digital assets in the name and on behalf of the account holder, the current rates provided through the Services will apply and, if there is a difference between them and the final purchase/sale price to the corresponding third party , it will be understood as remuneration.
13. About intermediation in the sale of digital assets
By clicking on the “buy” button found in the platform’s Marketplace, the User accepts, declares, commissions and directs Efy Finance to buy/sell digital assets in their name and representation at the rates provided through the Services in accordance with the provisions of these T&C and according to the information provided in the purchase instruction regarding the quantity of digital assets, the price and the supplier from which you wish to acquire them. Therefore, the user accepts that he is solely responsible for ensuring that the information provided in the purchase instruction is correct.
It is made known that the price for which the User proceeds to operate digital assets through the Platform is the one that appears in the Platform’s Marketplace at the time of carrying out the operation. It is clarified that the price that appears varies and may differ from the moment you enter the Platform until the moment the operation is carried out.
In some cases, the purchase and sale price of each digital asset may even simply be shown. This does not mean that the company acts as offeror or demander, but rather that it will simplify or limit the operating options of Users.
The User consents and accepts that the company, in no way, is the one who sets the prices of the digital assets offered on the Platform. The price of these may vary according to each supplier, the volume of market operations, supply and demand, as well as any other exogenous factor that may affect prices.
Through the Platform, the User may issue Instructions to make withdrawals in Digital Assets, in accordance with the Bitcoin Service Provider license. A withdrawal made in Digital Assets will be made to the Wallet specified in the Withdrawal Instruction. Some Wallets require additional information to process the transaction, this must be provided by the User in the Withdrawal Instruction where applicable.
The User is solely responsible for ensuring the accuracy of the information included in the Withdrawal Instruction, including account number, bank account number, Wallet address, destination tag and any other confidential or non-confidential information requested by the company, depending on the type of withdrawal requested by the User. The company will not be able to cancel any Withdrawal Instruction once it has been initiated.
The company does not guarantee the deadlines in which withdrawals of Digital Assets or Fiduciary Currency will be effective, which may be delayed or not available for reasons not attributable to the company.
In the event that the User does not provide a valid, enabled bank account, or it is provided with an incorrect or incomplete account number, the wrong account currency, they are destined for a wallet that is located on a different network or any another reason that will make the correct procedure of the operation impossible, the withdrawal cannot be executed until the necessary requirements are met.
The company will not be responsible in the event that the User is momentarily unable to withdraw their funds because the recipient bank will request information, complementary documentation, or for any type of reason given by the recipient bank. The User is solely responsible for the contractual relationship they maintain with the bank or virtual wallet to which they send their funds to withdraw.
Undue retention is not executed when the User wishes to execute a withdrawal and his profile is disabled due to being incomplete or due to any reason for suspension. The company is not responsible for the fate of digital assets. Manual balance withdrawals will not be made to third parties not registered on the Platform.
The company reserves the right to freeze account balances and prevent transfer to third parties or withdrawal by Users in the event of any type of judicial requirement or government agency that requires it, as well as in the event that Any alert for money laundering related to the transfer destination wallet is detected.
The user acknowledges and accepts that, to the withdrawal or transfer order to an external wallet, the corresponding commissions will be applied according to the current rates established by the platform. These rates will be available on the platform for consultation at all times, and especially before carrying out any transaction.
15. Transmission of digital assets
Users of the platform may transfer permitted Digital Assets between themselves at any time. The transmission of Digital Assets between users of the platform is subject to commissions generated by the Network and not by the company. In this sense, EFY Finance offers this service for free, assuming the costs generated by the Network, but reserves the right to add a value to the rate for this concept when it deems necessary.
Users of the platform will have the power to transfer permitted Digital Assets between themselves at any time. EFY Finance will provide this service free of charge. However, the company reserves the right to establish a rate for this concept in the future, which will be available for consultation on the platform, since being an “On Chain” operation, the transmission of Digital Assets between users will be subject to to the commissions generated by the Network and not by the company.
This clause establishes the rights and responsibilities related to the transmissions of Digital Assets on the platform, specifying that Network commissions will be the responsibility of the user, and that EFY Finance will initially offer the service at no cost, but with the possibility of charging a fee in the future, upon notification.
Users agree that the transfer of Fiat Currencies or other transactions not established in these Terms and Conditions (T&C) is expressly prohibited.
We will process all Digital Asset Transfers in accordance with your instructions and do not guarantee the identity of any recipient. You will need to verify all transaction information before submitting instructions for a digital asset transfer to Efy Finance. Digital asset transfer cannot be canceled or reversed once processed by Efy Finance. You acknowledge that you are responsible for ensuring the accuracy of the instructions sent to Efy Finance and that any errors may result in the irreversible loss of your Digital Asset.
You must have sufficient Digital Assets in your Wallet before instructing Efy Finance to make any Digital Asset Transfer. In case of insufficiency of the relevant digital assets in your digital asset wallet, Efy Finance will reject the transfer of digital assets. By instructing Efy Finance to effectuate the Digital Asset Transfer, you authorize Efy Finance to debit your Wallet for the full amount of Digital Assets required to complete the Digital Asset Transfer.
We have no control over or responsibility for the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or sell to a third party. We are not responsible for ensuring that a third-party buyer or seller with whom you transact completes the transaction or is authorized to do so. If you experience a problem with goods or services purchased or sold from a third party, using Digital Assets transferred from your Wallet, or if you have a dispute with such third party, you must resolve the dispute directly with that third party.
The Services offered through the Platform may be subject to Commissions. These Commissions are available to the User and published on the Platform and can be consulted by the User at all times and especially prior to each transaction.
17. Limitation of liability
In no event shall EFY Finance, nor any of its officers, directors and employees, be liable to The User for anything arising out of or in any way related to your use of this website, whether such liability is contractual, tort. or otherwise, and EFY Finance, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this website and in particular:
- Efy Finance will not be responsible in the event of damage or interruption of the Platform service due to causes external to the company. Likewise, we will not be responsible for any damage or interruption caused by any computer virus, spyware or other malware that may affect your computer or other equipment, or any phishing, spoofing or other type of attack. . If the User distrusts the authenticity of a communication that purports to be from The Company, they must not accept it and must notify The Company through the enabled communication channels. The User must always access the Platform through the means informed on the page https://efy.finance/
- Efy Finance shall not be liable, nor shall it be deemed to have breached these T&Cs, for any failure or delay in the performance or performance of its obligations, if and to the extent such failure or delay is related to situations beyond and beyond of its reasonable control, including, but not limited to: force majeure; flood, fire, earthquake or explosion; war, invasion, hostilities (whether war declared or not), terrorism, piracy or threats, cyber attacks or acts or other civil disturbances; any legislation, statutes, ordinances, rules, regulations, rulings, court orders, orders and decrees; or the action of any Nation or Government, State or other political subdivision thereof, any entity exercising legislative, regulatory, judicial or administrative functions of or related to the government, including, without limitation, any government authority, agency, department, board , commission or council.
- Access to the Services may be partially or fully limited during conditions of high demand, volatility or increased volume. As a consequence, there may be certain limitations in access to the Platform, among which may be the impossibility of issuing Instructions, which could also lead to delays on the part of the company in providing attention and support to the User. The company will in no case be responsible for any interruption, failure or delay in the acceptance, execution or cancellation of any type of Instruction, as well as for the stability of the Platform, interruptions in the Services, delays in the processing of transactions or in the response from our support agents for such circumstances.
- Each User will be responsible for all fiscal and/or legal obligations and charges that correspond to their operations carried out on the Platform, without the company being able to be held responsible for any type of liability derived from the non-compliance of the Users. The company is not responsible for effective compliance with fiscal or tax obligations established by current law and/or any other obligation that arises from the use of the Platform by Users.
- The User agrees that when making a withdrawal on a Digital Asset, he/she is aware of the risk of transmitting/sending Digital Assets to the wrong destination account, which may result in irreparable loss of his/her Digital Assets. The company will not be responsible in any of these cases.
- For both the sending and withdrawal of Digital Assets, the User must select the Network that is compatible at origin and destination so that they arrive correctly. It is important to use the correct Network that is compatible with our platform otherwise you run the risk of losing Digital Assets. The available networks may vary and even generate commissions that will be charged exclusively to the client, which are charged by the Network and not by the company. The company will eventually only charge commissions for transfers sent from the app and under the concept of maintaining compatibility with the different networks available.
- The user may request transfers to be made on their behalf through any type of Bridge. However, it is important to highlight that Efy Finance will not assume responsibility for any damage or loss of assets associated with said operation. The user must have full knowledge and understanding of the risks involved.
In the event that the User mistakenly sends Digital Assets that are not listed on the Platform, they will not be reflected in their account. To request their conversation, the User must contact the Support team within 30 days and send all transfer data.
18. Absence of Financial or Legal Advice
Efy Finance does not provide financial advice, investment advice or legal assistance in connection with the Services. The company may provide information regarding the price, range, volatility of Digital Assets and events that have affected the price thereof, but such information should not be considered investment or financial advice and should not be construed as such. Any notification, Email, Push, Social Media Post, is for informational purposes only. Any decision to buy and/or sell Digital Assets is a decision of the User and the company will not be responsible for any loss suffered.
19. Intellectual Property Rights
Other than content you own, which you may have chosen to include on this Website, under these Terms, EFY Finance and/or its licensors own all rights to the intellectual property and material contained in this Website, including, but without limitation the source codes, software, texts, graphics, logos, distinctive signs, animations and sounds, are the exclusive property of EFY Finance and all such rights are reserved. Therefore, the total or partial reproduction thereof (including its translation, inclusion, transmission, storage or access through any means) without prior written authorization of EFY Finance is strictly prohibited and only a limited license is granted, subject to the restrictions set out in these Terms, to view the material contained on this website. In accordance with the foregoing, the development of reverse engineering, as well as any other method that seeks to extract the codes and other technological aspects related to the Services, is prohibited. Likewise, none of the Services may be extracted, changed, rented, distributed, sold and/or licensed.
By using the services, the User guarantees that: (i) He/she will be responsible for any improper, illicit or abnormal use of the contents, information or particularities of the Services; (ii) Will not attack in any way, directly or through an intermediary, against the Services, their information systems, nor will they interfere with their normal functioning; (iii) You will not alter, block or carry out any other act that prevents the display or access of any content, information or features of the Services; (iv) Will not engage in and from the Services, in illegal conduct equal or similar to computer damage or attacks, interception of communications, copyright infringement, identity theft, disclosure of secrets or falsification of documents, among others; (v) Will hold EFY Finance harmless for all damages or losses that, as a result of non-compliance with the provisions of this section, may have been caused directly or indirectly, which will include reimbursement of all related costs, losses and damages. with said claim.
The data processing carried out as a consequence of and/or in relation to the Services will be governed by the provisions of our Processing Policy, which will be understood to be incorporated into these T&C for all legal purposes.
“Confidential Information” means all information communicated to you, by any means, by EFY Finance or its collaborators in relation to the services. The foregoing includes, but is not limited to, any technical, scientific, financial, legal, fiscal and commercial information, business models and strategies, know-how, information related to clients and partners, projects and operations of EFY Finance, as well as the analyzes and working documents, compilations, comparisons, studies and in general, all the information that EFY Finance transmits or has transmitted before or after the use of the Services.
Any unauthorized disclosure and use of Confidential Information entails the obligation to respond to EFY Finance and third parties for the damages that may have been caused to them as a consequence. In accordance with the foregoing, EFY Finance will have the right to sue judicially and obtain compensation for the damages and losses that such disclosure and unauthorized use have caused.
22. Assumption of risks associated with digital asset transactions
Whoever uses the Services, by the mere fact of doing so, freely, autonomously and voluntarily chooses to participate in operations that involve the risks inherent to activities carried out with digital assets through technological platforms.
EFY Finance, in the development of activities related to the Services, has implemented processes and procedures aimed at guaranteeing the greatest possible security to users of the Services. Without prejudice to the foregoing, this does not imply that the Services are immune to the various risks involved in carrying out operations with digital assets with the same and/or similar characteristics to those that are the subject of the Services, including, but not limited to, technological failures. , failures associated with the use of blockchain technology and any type of actions and/or computer elements used to commit crimes and/or computer crimes.
From the above, it is understood that anyone who uses the Services, by the mere fact of doing so, acknowledges that they are aware and understand the various risks involved in carrying out operations with digital assets with the same and/or similar characteristics to those they are subject to. of the Services, including, but not limited to, technological failures, failures associated with the use of blockchain technology and any type of actions and/or computer elements used to commit crimes and/or computer crimes. By accepting these T&Cs, it is understood that the User freely, autonomously and voluntarily assumes and accepts said risks.
Anyone who uses the Services, by the sole act of doing so, understands and acknowledges that the value of digital assets may be volatile and that, therefore, EFY Finance is not and will not be in any way responsible or liable for any losses. that may suffer as a consequence of the above.
Taking into account the current state of the regulation of digital assets, it is possible that the T&C, as well as the Services, may be subject to eventual changes depending on the regulations that are issued on the matter from time to time. EFY Finance, as a consequence of its commitment to comply with applicable laws, will make the changes or modifications that are necessary for this purpose and will communicate them to users of the Services in advance.
EFY Finance does not provide or offer financial services or carry out any type of activity typical of financial entities that require authorization for their operation.
The Platform has no control or influence over the base protocols (called “Protocols”) that support the operation of the listed Digital Assets. Therefore, the Platform will not be responsible for the operation of the Protocols, nor will it guarantee their operation, security or availability. Furthermore, Users acknowledge that the Protocols may undergo modifications in their operating rules (“Forks”) and that such modifications may significantly affect the value, usefulness and availability of the Digital Assets whose protocol is modified. In the event that a Fork occurs that affects one of the Digital Assets listed on the Platform, the User accepts that all operations related to said asset be temporarily suspended (with or without prior notice from the Platform) and that the Platform, at its discretion, decide to trade or stop trading the underlying Digital Assets that are generated by the modified Protocol through a Fork. The User acknowledges and agrees that the Platform: 1) is not obligated to list new Digital Assets generated by a Fork, and 2) will not assume any responsibility for any damage caused as a result of a Fork not supported by the Platform.
If the Platform takes a negative or no position at all about a possible Fork in one of the supported Protocols, and a User wishes to participate in the outcome of such Fork, the User must withdraw the Digital Assets of the affected Protocol from their Account and transfer them to a wallet that supports the Fork before the scheduled Fork date. The Platform shall have no liability for any attempt to use the Services for Digital Assets that are not supported.
The Platform reserves the exclusive right to decide which Digital Assets will be offered. Therefore, the Platform may, at its discretion, add additional Digital Assets to those it currently supports or stop supporting one or more of the Digital Assets currently offered.
24. Suspension or cancellation of the User’s Account and its implications
In the event of death or supervening disability of the User, the heirs or legal representatives must present the documentation requested by the company in order to have access to the Account. Until the requirements required by the company to grant access are verified, the Account will remain suspended. Once the requirements have been completed, the company will give access to the Account to those authorized for the sole purpose of withdrawing the holdings registered in the Account and closing it.
25. Closure of the Account at the request of the user
In response to the User’s request to close their Account through the platform/Application or through the designated communication channels, said Account will be terminated. It is important to note that the account will be closed as long as there is no balance in any of the associated wallets. Otherwise, the User must withdraw all of the funds and request closure again.
The closure of the Account will be carried out automatically and will be communicated prior to confirmation of the closure. Once closed, it will not be possible to create a new account or reactivate the previous account. However, the closure request cannot be processed if the company receives a reliable notification from a competent authority ordering a withholding or other similar measure that restricts the availability of the Account.
The User’s information and the transactions carried out in the Account will be stored for the entire life of the Platform or, at least, for a period of 15 years from the moment of closure. The company will subsequently determine when such information is no longer necessary or relevant for the purposes for which it was collected.
Whoever uses the Services will be solely responsible for paying all taxes, fees, contributions, rights and fees applicable to the activities derived from them, provided that they are not expressly attributable to Efy Finance by legal provision. In accordance with the foregoing, whoever uses the Services will be solely and exclusively responsible for informing and reporting to the competent tax authorities about the proceeds of the transactions carried out through the Services in accordance with the applicable law. The foregoing, without prejudice to the possibility of Efy Finance providing relevant information on the matter to the competent authorities in accordance with the applicable legislation for this purpose.
Efy Finance does not provide any type of tax advice, so anyone who uses the Services will have the sole burden and responsibility of determining the tax implications associated with their use.
27. Electronic billing
Whoever uses the Services, by the mere fact of doing so, voluntarily acknowledges and expressly accepts that, in relation to the formal duty of issuing an electronic sales invoice in accordance with the provisions of the current regulations that regulate the matter, authorizes to Efy Finance to deliver the electronic invoices that must be issued in relation to the digital assets that are acquired through the Services through the “Efy Finance” platform and/or application, the same through which The Services are available, in accordance with the provisions set forth below.
The date from which the provisions of this clause will be deemed applicable will be the date of entry into force of these T&Cs and will apply to electronic invoices that must be issued in relation to digital assets that are acquired through the Services. through the “Efy Finance” application that had not been issued on that date.
The provisions of this clause will have as grounds for termination those provided for in these T&Cs for the cancellation of the Services. Therefore, the provisions of this clause will remain in force until the Services continue to be used by the corresponding user.
For purposes of clarity, it is understood that the parties involved in the electronic billing process referred to in this clause will be: (i) The user of the services as purchaser; and (ii) Efy Finance as obligated to invoice. Likewise, Efy Finance will use the suppliers authorized to issue electronic invoices that it considers at any time.
The provisions of this clause apply in relation to digital assets that are acquired through the Services through the “Efy Finance” application, the same application through which the Services are available.
Efy Finance will issue the electronic invoice electronically according to its internal processes and once issued, it will make it available to the acquiring user through the Services.
Likewise, Efy Finance will publish the electronic invoice related to the sales referred to in this clause in the Services once the sale is completed. It will be the responsibility of the acquiring user to consult the corresponding electronic invoices through the Services.
Finally, once Efy Finance proceeds with the delivery of the electronic invoice in the terms provided herein, the acquiring user may verify its information in order to determine whether he or she wishes to reject it or not.
In the event that the acquiring user does not expressly indicate that he or she rejects the invoice within 3 business days following its delivery through the means enabled for this purpose through the Services or, failing that, by means of a communication sent to the communication channels provided for in these T&Cs, it will be understood that it has been accepted.
The electronic invoices related to the sales operations referred to in this clause will be kept by Efy Finance and by the suppliers authorized to issue electronic invoices that are used at all times, guaranteeing in all cases their suitability and veracity. from the same.
The electronic storage format will be: (i) the PDF format will be used for the graphic representation of the electronic invoice; and (ii) for the structured data that make up the tax document for electronic invoicing purposes, the XML format will be used.
Electronic invoices will be available to acquiring users through the Services. If the acquiring user so wishes, they may request a copy of them by means of a communication sent to the communication channels provided for in these T&Cs.
In accordance with the foregoing, whoever uses the Services expressly understands and accepts that, by accepting these T&Cs, they exempt Efy Finance from delivering the electronic invoices that must be issued in relation to the digital assets that are acquired through the Services through any channel other than the “Efy Finance” application, the same one through which the Services are available.
User agrees to indemnify, defend and hold harmless the Company and its affiliates and their respective officers, directors, employees, agents, affiliates, successors and permitted assigns (collectively, “Indemnified Party”) from and against any and all losses, claims , actions, suits, complaints, damages, liabilities, penalties, interest, judgments, settlements, deficiencies, disbursements, awards, fines, costs, fees or expenses of any kind, including reasonable attorneys’ fees, enforcement fees and other costs any right to indemnification under this Agreement, and the cost of pursuing any insurance provider, arising out of or related to your breach of this Agreement or your use or misuse of the Services, including, without limitation, actions taken by a third party using your account.
29. Consent for communication
The User gives his/her explicit consent for EFY Finance to use his/her mobile telephone number and email address for the purpose of providing any information and sending any messages and notifications in relation to our contractual relationships, including for marketing purposes.
30. No Warranty
The services are provided “as is” and “as available”. Use of the services is at your own risk. To the maximum extent permitted by applicable law, the services are provided without warranties of any kind, whether express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy or non-violation.
WITHOUT LIMITING THE FOREGOING, THE COMPANY AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, COMPLETE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. TO THE MAXIMUM EXTENT PROVIDED BY LAW. WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, DATA OR OTHER PROPRIETARY MATERIAL THAT MAY RESULT FROM YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR THE DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions of the Terms. present document.
These T&Cs, the legal relationship and the resulting rights and obligations, as well as any rights that arise over the User’s Account, may not be assigned, sold or transferred, for any reason and under any title, to any other person.
In the event that the Company is part of an acquisition, merger, division, transformation or sale operation with a third party outside or belonging to the same group, the company reserves the right, in any of these circumstances, to transfer or assign these T&C and the legal relationship that unites the User with the company, as well as the User’s information as a whole in accordance with the applicable personal data protection regulations.
EFY Finance may assign, transfer and subcontract its rights and/or obligations under these Terms without notice or consent. However, The User may not assign, transfer or subcontract any of its rights and/or obligations under these Conditions.
34. Complete Agreement
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between EFY Finance and The User in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same. .
The failure of Efy Finance to exercise or enforce any right or provision of these General Terms shall not constitute a present or future waiver of such right or provision.
35. Applicable law and jurisdiction
The interpretation and scope of these T&C will be in accordance with the current regulations of the Republic of El Salvador. Any divergence that may arise under these T&C or that may arise from the use and operation of the Platform, prior to legal action, will be attempted through DIRECT DEALING in the following manner: in the event of a dispute in the interpretation or execution of these T&Cs, the parties will do their best to reach an amicable solution. The party interested in direct treatment must address its request in writing to the other, specifying the controversy, indicating the designation of its negotiator and request that a day, place and time be set to resolve the specified controversy. Once the request is received, the other party must respond to the applicant within the following ten calendar days, stating the day, place and time to resolve. If the request is not answered within the aforementioned period, it will be understood that the party renounces the direct treatment stage. This direct negotiation will have a period of thirty calendar days from the day following receipt of the request, unless by mutual agreement and in writing, the parties agree to modify said period. At the Company’s sole discretion, it may require that any dispute be resolved in a Law Arbitration process administered by the Mediation and Arbitration Center of the Chamber of Commerce and Industry of El Salvador, subject to the current rules of procedure dictated by the same center. The seat of the court will be the city of San Salvador, Republic of El Salvador. The language of the arbitration will be Spanish. In the event that the user is not capable or the action is not possible to be executed in El Salvador, the applicable jurisdiction will be that of the user who has contracted the service under the legislation of his or her country.
36. Contact information
All feedback, comments, requests for technical support and other communications relating to the Services should be directed to email@example.com.
37. Contact to the Financial Superintendency
Contact of the Superintendency of the Financial System
In the event of unresolved complaints: in the case of unresolved queries within Salvadoran territory, the user may contact the supervisory entity as follows:
Superintendency of the Financial System
El Mirador Street, between 87 and 89 Av. Norte
Torre Futura Building, Level 16. San Salvador, El Salvador, C.A.
2268-5700 and 2133-2900
EFY FINANCE 1.0. TERMS AND CONDITIONS OF THE “ENTERPRISE FINANCING YIELDS” PRODUCT
1. Contact to the Financial Superintendency
It is expressly stated that these T&Cs must be accepted in order to access the “ENTERPRISE FINANCING YIELDS” product. For this reason, the Participant must select the amount of digital assets with which he or she wishes to operate and subsequently must accept, through a specific “button” on the Platform/Application, in which it is published.
the hyperlink that facilitates the reading of these T&Cs, and the correct adherence to the product. Upon accepting these terms, the user does not begin to operate until he or she expressly selects the digital assets with which he or she wishes to operate and clicks on the specific “button.”
It is stated that these T&Cs are independent of the General Terms and Conditions of Efy Finance and that this acceptance does not imply any modification or change with respect to the former. Those are fully applicable to this “ENTERPRISE FINANCING YIELDS” product and are complemented by the present ones.
The Participant must review these T&Cs each time they access the “ENTERPRISE FINANCING YIELDS” product, since they are mandatory and binding. Any modification of these Terms and Conditions will be published on the platform, which will be considered tacitly accepted every time the User accesses the “ENTERPRISE FINANCING YIELDS” product without the need for express confirmation unless Efy Finance so requires. By said acceptance, the Participant is contractually bound by each and every one of the provisions detailed below as well as those that are expressly included on the website https://www.efy.finance or
It is expressly stated that these T&Cs must be accepted in order to access the “ENTERPRISE FINANCING YIELDS” product. For this reason, the Participant must select the digital asset and the decentralized protocol with which they wish to operate and subsequently must accept, through a specific “button” on the platform, in which the hyperlink is published that facilitates reading. these T&Cs, and correct adhesion to the product. By accepting these terms, the user does not begin to operate until he or she expressly selects each of the desired digital assets and protocols separately.
Before framing the product in question, it is worth mentioning that by accepting the T&C, the User accepts and acknowledges that trading in Digital Assets involves a significant risk due to losses that may occur as a result of market fluctuations. The same recognizes and accepts that said trade is a volatile market. Taking into account these considerations, the Participant accepts and recognizes and assumes that there may be additional risks that have not been expressly provided for in these Terms and Conditions, and releases Efy Finance from any kind of liability for damages and losses suffered as a direct consequence. of the characteristics of said trade.
1.2. Requirements to Access the product
In order to access and use the Interface, you must be able to enter into a legally binding contract with us. You therefore represent that you are at least eighteen years of age and have full capacity, authority and power to accept and comply with the terms and conditions of this Agreement on your own behalf, as well as on behalf of any company or legal entity to which you are entitled. that you can access or use through the Interface. You further represent that you are not a citizen, resident or member of the United States or Canada, nor located in any jurisdiction or group subject to economic sanctions imposed by the United States, and that your use of the Interface will not be illegal or in contravention no applicable law.
Furthermore, you agree to use the Interface in full compliance with all applicable laws and regulations, and not to access or use the Interface for the purpose of carrying out, promoting or participating in any activity that may be considered illegal or contrary to the current laws.
Investors (Users): They will be those people who access the ENTERPRISE FINANCIAL YIELDS product
Invest: Instruction ordered by the Investor User to Efy Finance so that in their name and representation the digital assets indicated in the instruction for investment in the EFINTI FUND are used.
INVESTMENT PORTFOLIOS: They consist of a collective savings and investment mechanism managed by Efy Finance, through which digital assets of the Investors or Users of the ENTERPRISE FINANCIAL YIELDS service are invested, which are managed collectively and their returns are distributed proportionally. and daily in the wallets of each Investor User. Users of the ENTERPRISE FINANCIAL YIELDS service will be able to choose one of three different investment funds: A+, PYMES, and Emprender, whose conditions and returns will be published on our platform for consultation at all times. The different portfolios are aimed at financing factoring and confirming activities to generate liquidity for MSMEs in LATAM.
Cancellation of Investment: Instruction ordered by the Investor User to Efy Finance to return their invested digital assets plus the returns obtained on the date the instruction is generated to their wallet on the twenty-fifth (25th) of each month. Early cancellation is subject to the rates and penalties established on the platform and in these T&C.
3. Product use
ENTERPRISE FINANCING YIELDS is a financing platform that brings together companies or “asset originators” and investors by connecting digital asset investors with the capital needs of SMEs in Latin America through collective investment portfolios that finance investment activities. factoring and confirming to generate liquidity for Latin American companies. The assets to be invested are oriented towards the company’s risk mitigation policy, which determines only purchasing invoices from companies that pay the insurance premium to guarantee the effective recovery of the portfolio in the event of a potential default.
EFY Finance reserves the right to withdraw or modify at its discretion and at any time with prior notice to users, the conditions or returns of any of the three investment portfolios published on the website/platform, as well as the power to include one new.
The User acknowledges and accepts that by clicking on the “invest” button found in the “ENTERPRISE FINANCING YIELDS” product section within the platform, they accept, declare, commission and order Efy Finance to transfer, in their name and representation, the selected digital assets to a general vault owned by Efy Finance so that it, under its own discretion and discretion, can use it to invest in one of the three investment portfolios that Efy Finance offers; Corporate A+, SME, or Entrepreneur according to the information established in the “invest” instruction regarding the amount of digital assets. Therefore, the user accepts that he or she is solely responsible for ensuring that the information provided in the purchase instruction is correct.
The user acknowledges that with the acceptance of these T&C the owner of the user account associated with the Services entrusts EFY Finance to carry out the tasks so that, in his name and representation, directly and/or through third parties, carry out each and every one of the necessary steps to carry out the operations associated with the Services in accordance with the provisions of these T&C, which includes, but is not limited to: (I) sending your digital assets from your assigned wallet Within the platform, there was a common vault owned by Efy Finance as ordered in the “Invest” Instruction and proceed to return them to their wallet when the account holder requests to proceed with the “cancellation of the investment”. (II) Use your digital assets to invest in any of the investment portfolios. (III) Receive the returns obtained from the investments and load them to your assigned wallet within the Efy Finance platform after the respective discount of the value by commission of this mandate. (IV) all those instructions that, through the Services, are given by the account holder in accordance with the options that for this purpose are provided through them, and (V) all those procedures that, being associated with the Services, must or may be carried out in the name and on behalf of the account holder in accordance with the provisions of these T&C.
The mandate conferred here will be irrevocable, and will end once the legal relationship that arises between the parties as a result of the acceptance of these T&C has been finalized.
The mandate conferred here will be remunerated in accordance with the corresponding costs and commissions in accordance with the provisions of these T&C. In the case of purchase/sale of digital assets in the name and on behalf of the account holder, the current rates provided through the Services will apply and, if there is a difference between them and the final purchase/sale price to the corresponding third party , it will be understood as remuneration.
THE USER IS RESPONSIBLE FOR DETERMINING WHETHER THE USE OF THE PRODUCT OFFERED BY EFY FINANCE IS LEGAL IN THEIR JURISDICTION AND WILL NOT USE IT IF SUCH USE IS ILLEGAL IN THEIR JURISDICTION. IF YOU ARE UNSURE, SEEK INDEPENDENT LEGAL ADVICE.
4. Risks associated with Digital Assets.
The User understands that the “ENTERPRISE FINANCING YIELDS” product is an investment with Digital Assets and there may be situations of risk of loss of said assets. The Company will not be responsible for any failure, damage or error that may exist in the Blockchain that could eventually imply a loss of digital assets. The Company will use its best efforts to prevent any of these situations from occurring suspension or Termination.
5. Termination or suspension
It is noted that in the event of termination or suspension of the investment made in the “ENTERPRISE FINANCING YIELDS” product, the invested digital assets will return to the user’s wallet assigned within the platform and, as the case may be, the same fee rules will apply. and penalties for early cancellation of the investment.
Efy Finance will not guarantee the time in which the return of the digital assets of the “ENTERPRISE FINANCIAL YIELDS” product will be effective, Efy Finance will make all the necessary efforts so that this is reflected within the term of seventy-two (72) hours. However, due to technical limitations, processing may take longer. Likewise, the investor user accepts that in some cases and at the discretion of Efy Finance for reasons of security and prevention of risk of Money Laundering or unusual operations, the invested digital assets may enter quarantine for a certain time, which will be notified to the User. investor at the time of the events. Finally,
6. Cancellation of the investment.
The User may order the instruction to “cancel their investment” without any type of penalty fee or additional charge on the twenty-fifth (25th) of each month. Through the “cancel your investment” instruction, the User orders that the digital assets invested in their name and representation return to their assigned wallet within the platform along with the returns obtained from the investment.
The user may also order the “early cancellation of their investment” instruction, through which they may request the return of their invested digital assets at any time. However, this instruction will be subject to a percentage discount as a penalty, which will be available on the platform for consultation at all times and especially before carrying out the operation and, likewise, to the loss of unclaimed returns. to the date on which the instruction is generated by the user.