Terms of Use

These terms and conditions (”Terms of Use”) regulate the use of the platform available on the site datanomik.com (”Platform”), from DATANOMIK BRASIL PAYMENT INSTITUTION LTDA, a company incorporated and existing in accordance with the laws of the Federative Republic of Brazil, with its principal place of business at Avenida Brigadeiro Faria Lima, 1811 - Conj. 1119, Jardim Paulistano/SP, CEP: 01452-001 (”Datanomik”).

By clicking the button below, the User accepts and adheres to all the provisions of these Terms of Use and the Privacy Policy.

2. WHO WE ARE AND WHAT WE DO:

A Datanomik provides a Digital Platform, a business-to-business (B2B) digital platform that seeks to facilitate access, consolidation, organization, and analysis of banking, financial and accounting information, assisting users in their financial management, as well as in conducting internal processes.

To provide these tools, Datanomik uses, among other elements, specific application programming interfaces (APIs) for synchronizing and extracting, in real time, information available on the digital platforms of certain financial institutions, payment institutions, fintechs and similar institutions with which users of the Platform maintain relationships.

Incorporate these Terms of Use into the Privacy Policy (”Privacy Policy”), whose purpose is to inform and provide transparency regarding the processing of personal data carried out by Datanomik, and whose content must be read in full.

The Privacy Policy can be accessed through the following link: https://www.datanomik.com/pt/politica-de-privacidade.html

3. OF REGISTRATION AND ACCESS TO THE PLATFORM

Access to the Platform is aimed at legal entities duly constituted in any corporate form permitted by applicable law, who have completed their registration and accepted and adhered to all the provisions of these Terms of Use and the Privacy Policy (”Users”).

The Platform can be accessed through any device that has an Internet connection. It is possible that not all the features of the Platform are available in its mobile version or if access is made through cellular devices. The electronic equipment and Internet connection necessary to access the Platform are the sole responsibility of the User.

In view of the fact that electronic equipment and the Internet connection are susceptible to third-party interference, the User must use only reliable equipment and networks that have adequate and updated security systems. The User acknowledges that, even with the necessary measures taken, there may be unwanted interference from third parties, and in this case, there is no liability on the part of Datanomik.

First Access and Registration

In order to be able to access the Platform for the first time, the User must: (a) confirm your registration, by means of an e-mail to be sent by Datanomik to the User; (b) create a login and an access password; (c) accept and fully adhere to all provisions of the T&C; and (d) fill in the relevant registration fields with true, complete, correct and updated information for users.

The User's registration must be carried out by a legal representative or attorney who has statutory or legitimately granted powers to represent the User and, on their behalf, to adhere to these Terms of Use and to comply with the Privacy Policy.

Datanomik may, at any time, request the provision of any additional information or documents it deems necessary for the correct identification and registration of the User.

The User understands and accepts that the approval of their registration depends on the evaluation of Datanomik, according to its internal rules and criteria. Even after providing all the information and documents requested by Datanomik, the User's registration may not be approved.

Platform Access Password

The password to access the Platform is personal and non-transferable and must be kept in absolute secrecy by the User. Datanomik is not responsible for the misuse, loss or loss of the access password by the User or any third party.

The User acknowledges that accessing the Platform, using their password, is a valid, adequate and sufficient form to prove the authorship and integrity of the requests, contracts, and other acts performed, on behalf of the User, through the Platform.

The User can change their access password at any time, including in the event of loss, through the Platform.

In the event of a loss or if the User becomes aware of the disclosure or misuse of their access password, the User must, in addition to registering a new password through the Platform, immediately notify Datanomik about it.

4. INFORMATION SHARING

In order for the User to be able to use the tools and functionalities available on the Platform, Datanomik must have access to the User's banking and financial information and, depending on the products contracted by the User.

The banking and financial information mentioned above is collected by Datanomik directly from the portals of certain financial institutions, payment institutions, fintechs and the like with which the User or, as the case may be, the User's Customer maintains a relationship (”Institutions”), including in the context of Open Banking (or other related initiatives). For this purpose, Datanomik uses its own application programming interfaces (APIs) for synchronizing, extracting, consolidating, organizing, and analyzing information.

It is up to the User to identify the data relating to the accounts from which the information must be extracted and, upon entering access credentials, such as login, password and token, to link the respective accounts to the Platform. This link may be made on a one-off basis or for a certain period, depending on the characteristics of the products contracted on the Platform. The User may, at any time, unlink their accounts from the Platform.

The User declares and guarantees that the access credentials they enter are their sole and exclusive property.

Thus, as an essential condition for accessing and using the Platform, Datanomik is authorized to: (a) access the portals of the Institutions that the User indicates, with which they have a relationship; and (b) extract, consolidate, organize and analyze all available information relating to the accounts expressly indicated and linked by the User to the Platform, in the context and for the purpose of offering the functionalities and tools contracted on the Platform, also subject to the provisions of the Privacy Policy. The above information may include, but is not limited to: (a) to the User's registration data provided to the Institutions; (b) account balances and the history of transactions and financial transactions carried out; and (c) information regarding accounts payable and receivable.

Notwithstanding any measures that may be taken by Datanomik in this regard, the User is fully responsible for compliance with the applicable laws relating to confidentiality and data protection in relation to the processing of information. Whenever requested, the User must submit documents to Datanomik that support this relationship.

Additionally, the User guarantees to Datanomik that the use of the tools available on the Platform by the User will not represent a violation of any law, regulation, judicial, administrative or arbitral order, agreement or contract of any nature, or even a violation of the instruments concluded with the respective Institutions, among others, being responsible for any losses and damages derived therefrom.

User 4's access credentials for extracting information in the context of the Platform. Whenever the product contracted by the User requires it, the User must keep their respective accounts linked to the Platform at all times, undertaking, when requested by Datanomik or when registration data changes, to carry out a new procedure for linking accounts to the Platform.

5. FUNCTIONALITIES

Once your registration has been approved, the User may enter the Platform and use the contracted modules.

The functionalities of the Platform vary according to the module that will be contracted by the User, and their description will be included in the Commercial Proposal. However, the Platform offers, at a minimum, the following features:

6. OTHER RESPONSIBILITIES

The User undertakes to keep their registration data with the Platform always updated. The User can change their registration details, at any time, through the Platform.

The information and documents provided to Datanomik by the User, including for registration, and those collected through the Institutions, are the sole responsibility of the User.

Access to the Platform and the use of its functionalities are the sole responsibility of the User. Caution and attention are recommended to the User whenever accessing and using the Platform.

The User must promptly inform Datanomik if they become aware of any evidence of fraud, irregularity or misuse of the Platform.

8. INTELLECTUAL PROPERTY

Datanomik grants each User a non-exclusive, personal, non-transferable and, at any time, revocable license to use the Platform in accordance with these Terms of Use. No ownership rights related to the Platform are or will be granted to the User.

The User acknowledges that the brands, names, logos, domain names and other distinctive signs, as well as any and all tools, content and layout used on the Platform, are the exclusive property of Datanomik. Datanomik's brands, names, logos, domain names and other distinctive signs may only be used by the User for the purpose of publicizing the relationship between the User and Datanomik, in strict compliance with applicable legislation and Datanomik's visual identity manual, or with prior, express and written approval from Datanomik.

Any act of reproduction, reverse engineering, distribution, transmission, exhibition, representation, publication, license, commercial exploitation, creation of derivative works, transfer or sale of any layout, tool, content, extension, alteration, merging, or incorporation into any other program or system, in total or partial, permanent or provisional, free or onerous, of the Platform is expressly prohibited. The use of any software, robot, spider, crawler, scraper or other tool that may interfere with or impair the use of the Platform or, even, that aims to access or collect data or other type of content from the Platform, for any purpose, is prohibited.

9. TERM AND CANCELLATION

Upon acceptance of these Terms of Use, the User becomes bound by the entirety of their provisions. The User's adherence and agreement to the provisions of these Terms of Use and the Privacy Policy is essential for the User to use the Platform.

The User may use the Platform for as long as the User maintains a contracted Plan or product.

Datanomik reserves the right, at any time and at its sole discretion, to modify, in whole or in part, these Terms of Use and/or the Privacy Policy. The updated version of these Terms of Use and/or the Privacy Policy fully replaces your previous version. If you do not agree with the new version of these Terms of Use and/or the Privacy Policy, the User must interrupt your access to the Platform. The use of the Platform, after the notification of the change to these Terms of Use and/or the Privacy Policy, is considered acceptance of the new version of these Terms of Use and/or the Privacy Policy by the User.

The User may, at any time, request that Datanomik cancel their access to the Platform.

Datanomik may suspend or cancel the User's access to the Platform in the following cases: (a) violation, by the User, of any legal or regulatory provision contained in these Terms of Use and/or the Privacy Policy; (b) default on the part of the User regarding the payment of the fees due; (c) evidence of fraud or irregularities on the part of the User when registering or using the Platform; (d) commercial disinterest; or (e) the requirement of a legal or regulatory rule or a judicial, administrative, or arbitral order.

Datanomik may, at any time, suspend or cease the provision of the Platform, at its sole discretion.

In any event of suspension or cancellation of the User's access to the Platform, or even the suspension or cessation of the availability of the Platform, the User's access to the information, data and documents contained in the Platform will cease immediately and permanently. If you want to preserve data, information and documents that were made available to you on the Platform, the User must carry out, on their own account, at appropriate times, the necessary exports and storage.

Notwithstanding the above, Datanomik may keep the User's information, data and documents necessary for the exercise of their rights and interests, as well as to comply with legal or regulatory obligations or a judicial, administrative or arbitral order, under the terms of the Privacy Policy. Information that is not stored to comply with legal or regulatory obligations, or resulting from a judicial, administrative, or arbitral order, may be permanently deleted.

10. GENERAL PROVISIONS

The User acknowledges that the commission of any acts that violate these Terms of Use, the Privacy Policy, or applicable laws or regulations subject them to legal penalties, the payment of compensation for losses and damages, and other appropriate actions.

Datanomik may report to any institution or competent authorities, if so required, regarding any violation, or suspected violation, of the applicable legal and regulatory provisions, especially those that deal with the fight against corruption and the prevention of crimes of money laundering and the concealment of assets, rights and values.

Unless the applicable law provides otherwise, any questions arising from these Terms of Use, the Privacy Policy or the use of the Platform must be resolved in the jurisdiction of the District of São Paulo, State of São Paulo, with express waiver of any other.

In case of questions regarding these Terms of Use, the Privacy Policy or the use of the Platform, the User can contact Datanomik through contact form or from e-mail legal@datanomik.com.

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