Terms & Conditions
TERMS OF SERVICE
Last updated on 2025-02-19
SETTLE ARG S.A., (hereinafter, the “company”), is a simplified joint stock company incorporated under the laws of the Republic of Argentina. The company provides the services, either under the Settle Network brand or with a different name, that are available on the websites and/or applications or functionalities offered by third parties on their own websites and/or applications to access them (hereinafter, the “platform”).
I.- ABOUT THE TERMS
1.1. Content
These Terms of Service, all annexes, documents, materials, and information incorporated herein by reference (hereinafter, the “Terms”), constitute a contract between the Company and any person who accesses and/or uses the Platform and/or any of the services offered by the Company through it (hereinafter, the “User”). These Terms describe the rights and obligations of the Company and the User and establish the conditions of use of the Platform and the Services.
1.2. Acceptance of Terms
By accessing the Platform and/or using the Services, the User acknowledges having read, understood, and accepted these Terms, assumes all obligations subject to all the provisions established herein, and undertakes to use the Platform in accordance with the conditions of use set forth herein.
If the User does not agree to be bound by these Terms, he/she must refrain from accessing the Platform and using the Services offered by the Company.
1.3. Modification of Terms
The Company may modify the Terms at any time, at its sole discretion, without the need to send any kind of notification to the User. If the User continues to access and use the Platform and the Services after the Terms have been modified, it will be considered that the User has implicitly accepted these modifications. Likewise, the Company may at any time modify or discontinue all or part of the services it provides through the Platform, at its sole discretion.
II.- THE USER
2.1. Requirements for use of the platform and services
The user may use the services only if he or she is a natural person, is at least 18 years of age, has a National Identity Document issued by the Republic of Argentina, has a Unique Labor Identification Code or a Unique Tax Identification Code, is a permanent resident of the Republic of Argentina, is not prevented from using the services by applicable law, and is not a person linked to the United States of America. A person linked to the United States of America shall be understood to be: (a) a citizen of the United States; (b) a resident of the United States; that is, (i) a “green card” holder, or (ii) a person physically present in the United States for 31 days in the current calendar year and 183 days during the three (3) year period that includes the current year and the two (2) years immediately preceding it, counting: (I) all days present in the United States in the current year, (II) 1/3 of the days present in the United States in the first year preceding the current year, and (III) 1/6 of the days present in the United States in the second year preceding the current year; or (iii) a person who would be considered a resident for tax purposes in the United States; or (iv) a person with a United States mailing address or a United States telephone number; (c) a partnership, association, or corporate entity organized or existing under the laws of any state territory or possession of the United States; (d) an estate or trust of which any executor, administrator, or trustee is a United States person; (e) an agency or branch of a foreign entity located in the United States; (f) a discretionary or non-discretionary account held by a fiduciary for the benefit or account of a United States person; (g) a partnership, partnership, corporation, or entity that is not located in the United States but is owned or controlled by a United States person; or (h) a partnership, corporation, or entity with a United States mailing address, or a United States telephone number.
By accessing the Platform and using the Services, the User represents and warrants that he or she meets the requirements mentioned in this section.
2.2. Failure to comply with the requirements
The company shall have the right to cancel, suspend, or restrict access to the platform or the services, as well as to take any other action it deems appropriate, in the event that it is noted that the user does not comply with the requirements mentioned in the previous section or ceases to comply with them. Under no circumstances will the company be liable for damages of any kind that the user or any third party related in any way to the user may suffer as a result of the cancellation, suspension, or restriction of access to the platform or the services as a result of failure to comply with the requirements set forth in the previous section.
2.3. Electronic devices and participation of third parties
The services are provided by the company through the Internet by means of the platform which the user must access by using electronic devices owned by the company and involve the participation of third parties providing complementary services such as, for example, providers of automated data processing services, payment processing, and identity verification.
2.4. Identity Validation
The use of the services provided by the Company through the Platform may be subject to a process of validation of the User's identity by the Company (or through third party providers of those services). The Company reserves the right not to provide services to the User or to disable access to the Platform or the Services if it considers it convenient and/or necessary for compliance with applicable laws and regulations, or when it is reasonable, at its sole discretion and without prior notice.
The Company may request the User to send additional information to that indicated on the Platform, to provide physical records and all types of documentation and even to hold personal meetings with its representatives. The cost of this advanced validation process will be imposed by the User.
The refusal by the User to provide the additional information requested or to attend meetings and answer queries made by the Company's representatives will give the Company the power to suspend, restrict, or cancel the User's access to the Platform and the Services.
2.5. Responsibility for access to and use of the platform
The user is solely responsible for all activities carried out through access to the platform and use of the services, even if he or she is not aware of these, and agrees to hold the company harmless from any damage and/or claim arising from the use of this platform.
2.6. Assignment of the contractual position
The user may not assign, transfer, delegate to a third party, encumber or dispose of in any way the rights and obligations linked to or derived from the use of the platform, the services or these terms or their contractual position. For its part, the company may assign, transfer, delegate or dispose of the rights and obligations derived from these terms or from its contractual position, in any way.
Likewise, the user is prohibited from reselling the company's services to third parties.
2.7. Use of the platform and services on one's own account
The user may only access the platform and use the company's services on their own account and in their own name. Access to the platform and use of the services on behalf of and/or on behalf of third parties is prohibited.
III.- DIGITAL ASSET PURCHASE AND SALE MANAGEMENT SERVICE
3.1. Instructions for the purchase and sale of digital assets
Through the use of the platform, the user will instruct the company to manage, coordinate and carry out the purchase and sale of digital assets to third parties.
The instructions for the purchase of digital assets authorize the company to dispose of a certain amount of money transferred by the user to the company's collecting bank account - the information of which was provided to it on the platform - and to transfer said funds to certain third parties and/or to carry out any type of exchange or stock market operation that may be necessary in order to make payment for the purchase of the digital assets. The digital assets purchased by the company in accordance with the user's instructions will be transferred by the company to the user to the wallet that the latter has provided on the platform.
The instructions for the sale of digital assets authorize the company to dispose of certain digital assets transferred by the user to the company's wallet - the information of which was provided to it on the platform - and to transfer said digital assets to certain third parties. The sums of money resulting from the sale of the digital assets sold by the company in accordance with the user's instructions will be transferred to the bank account that the latter has provided on the platform.
3.2. Payment instructions for services
Through the platform, the user will have the option to pay for some services in his or her name. This service is offered by AUNTAP B2 SAU (hereinafter, "Tapi"), a company incorporated in the Argentine Republic whose purpose is to carry out intermediary service activities in the administration and control of collection management and payment processing for service companies, including, among others, electricity, gas, telephone, etc. The user may, through an instruction to sell digital assets, instruct the company to transfer a certain sum of money to Tapi, which will be used by Tapi to pay for the service required by the user.
The user understands that the company and/or its controlling, controlled, affiliated or subsidiary companies are not responsible for any indirect, incidental, consequential, special, exemplary or punitive damages arising from or in any way related to the services provided by Tapi. In turn, the company is not responsible for delays or errors in the provision of Tapi services, whether such delays or errors are caused by the user, a third party, its telephone or Internet service provider, or for any cause beyond the control of the company.
The user acknowledges and accepts that, in order to comply with the instructions given by the user, and in the context of the services provided by Tapi, the company may share with Tapi all of the user's personal information in its possession, exclusively for the purpose of complying with the user's instructions related to the payment of the selected service.
3.3. User instructions
The instructions given by the user to the company will only be valid in those cases in which the means specifically provided on the platform for this purpose are used. Instructions given by the user to the company through any other means other than those specifically provided by the company on the platform will not be valid.
Any instruction given by the user to the company through the use of the platform will be considered valid, legitimate, and authentic, without the need for the company to make any other type of confirmation.
The company declares that it will apply its best efforts and the best practices required by the industry in order to guarantee the computer security of the systems and records used to provide the services.
3.4. Irrevocability of instructions
Once carried out, all orders and instructions given by the user to the company through the platform will be irrevocable and may not be modified, cancelled or annulled at any time.
The company may, at its sole and absolute discretion, unilaterally and under any circumstances, reverse, cancel, modify and/or ignore any order or instruction given by the user through the platform. This may occur, without excluding other reasons not stated, when: a) the company is obliged to do so by any regulation, legal precept or by order of an administrative or judicial authority, b) there are technical or technological errors or failures, c) the company detects that the orders are clearly erroneous, whether due to their quantity, amount or any other factor, d) the company detects an abusive use of the platform or non-compliance with these terms, or e) the company notices the involvement of the user in the commission of crimes or that he is linked to the performance of any type of illegal activity.
The company shall not be liable for the fulfillment of instructions sent by the user through the platform that are considered to be wrong, erroneous or incomplete by the user.
3.5. Proof of instructions
The user accepts that all orders given to the company through the means specially enabled for this purpose on the platform will be considered as proof of the user's willingness to carry them out.
All operations carried out by the user on the platform will be recorded on the date and time they are actually carried out. In certain cases, the date or time of registration of the operation may be later than the time when its execution was requested, depending on the type of operation.
Likewise, the registration of the date and time of operations for the provision of funds to the company by the user may be subject to additional conditions by each third party service provider (such as banks and other money transfer and/or payment service providers).
3.6. Acceptance of instructions
The instructions given by the user to the company through the use of the platform will not be considered perfected nor will they generate any type of responsibility or obligation on the part of the latter until the company accepts them and the total sums of money necessary to comply with them have not been received and are available. The execution by the company of the instructions given by the user will imply their acceptance.
3.7. Provision of funds for the fulfillment of instructions
The only authorized and valid methods for the user to provide funds and digital assets to the company for the execution of the instructions given are those enabled for this purpose on the platform.
The company will not accept or consider as affected by the fulfillment of the instructions the deposits or transfers of any sum of money or digital assets made by the user to another bank account or wallet even if these could be owned by the company. Nor will the company accept or consider as affected by the fulfillment of the instructions the deposits or bank transfers to the company's collection bank accounts or transfers of digital assets to the company's wallets but that have not been made within the framework of the procedure established on the platform.
In both cases, the company will proceed to return the funds to the user, at its sole expense, and in no case will the deposit or transfer of funds be understood to constitute an order or instruction to carry out acts of any nature.
3.8. Crediting of funds
From the moment the company receives the instruction given by the user through the platform, the user must, within a maximum period of twenty-four hours, transfer to the collecting bank account of the company informed on the platform the sum of money or the digital assets to the wallet of the company informed on the platform sufficient to be able to comply with the entrusted management and the applicable commissions. In the event that the user does not transfer the sum of money sufficient for the company to comply with the entrusted management, the company will not accept the instruction and will proceed to return the funds to the user at its sole cost.
The user understands and accepts that the crediting in the collecting bank account of the transfer of the sums of money for the fulfillment of its management instruction may take a long time or present delays for reasons that concern the banking entities involved. The user exempts the company from all responsibility in relation to said delays or setbacks.
3.9. Compliance with instructions
The user acknowledges and accepts that the company will not be responsible for, nor will it guarantee in any way or measure, the fulfillment of the obligations that may have been assumed by the third party with respect to whom the user instructed the company to carry out the purchase or sale of digital assets. The company is not responsible for, nor will it carry out any type of verification regarding the existence, object, cause, price, amount or any other circumstance linked to the legal act, operation or business that may have motivated the purchase and sale instruction given by the user. The company is not responsible for, nor will it verify in any way, the existence, entity, quality, extent, quantity, condition, state, integrity or legitimacy of the digital assets that may have been offered, sold or marketed in any way by the third party with respect to whom the user sent the instruction to buy or sell the digital assets.
The company does not offer any type of guarantee nor is it responsible for the information and/or offers published or advertised in any way and by any means by third parties with respect to whom the user instructs it to manage the purchase or sale of digital assets. Consequently, the company does not guarantee or assume responsibility for the accuracy or truthfulness of the aforementioned information or advertising, nor for its freedom from errors, omissions, falsehoods or technical or other inaccuracies.
The User understands and agrees that the Services, as well as any other information obtained from the Company, are not directed, designed or in any way intended to provide any type of financial advice or investment or purchase advice of any kind. The User understands and agrees that he/she is solely responsible for the use of the Platform and the Services.
3.10. Limits
The Company may establish limits in relation to the minimum and/or maximum sums of money in respect of which the User may issue instructions, as well as limits in respect of the maximum amount of instructions that the User may issue to the Company in a given period of time. The Company may arrange for variations in the limits at its absolute discretion.
If the User wishes to increase any of the limits that apply to him/her, he/she may send a request in this regard to the Company's user support service. The Company may, at its sole and absolute discretion, increase, reduce or maintain the current limit, in each case, subject to the request for relevant information and documentation and any other conditions that may be necessary.
3.11. Nature of the service
The user understands and accepts that the services provided by the company through the platform do not constitute any type of exchange, banking, financial, advisory, or investment activity.
The user understands that the price of digital assets is the one that appears on the platform at the time of the instruction. This price varies and may differ from the moment the user enters the platform until the moment the instruction is executed.
The provision of the purchase and sale price of certain digital assets does not imply that the company acts as the offeror or demander. The aforementioned will simply limit the instruction options that the user has within the platform.
The user acknowledges and accepts that the company is not the one who determines the prices of the digital assets shown on the platform. These prices may vary depending on the volume of transactions in the market, supply and demand, as well as other external factors that may affect said prices. The company is not the offeror or demander of the digital assets shown on the platform. The prices shown on the platform are only reference values and estimates of those offered or requested by third parties in respect of which the operations instructed by the users will be carried out.
3.12. Risks inherent to digital assets
The User understands that digital assets are not regulated by any Central Bank or other government authority. Therefore, there is no bank or government regulator that can take action to protect the value of digital currency in a crisis, issue more currency, or balance price fluctuations.
Digital assets are powered by blockchain technology, a digital, decentralized, and partially anonymous system that relies on peer-to-peer networks and cryptography to maintain its integrity. The User understands that the Company has no involvement in the proper maintenance of the technology underlying any digital assets that may be displayed to Users through the Platform.
The User understands and accepts the additional risks involved in using digital assets that are not set forth in these Terms, and understands that it is the User's responsibility to carefully assess all risks and determine whether his or her financial situation and risk tolerance are suitable for buying, selling, or trading digital currencies.
The User understands that the Company does not provide any investment, legal, or tax advice, and that it is therefore the User who should seek professional advice before using the Platform.
3.13 Forks
The Company does not exercise control or influence over the protocols that support the operation of the digital assets displayed on the Platform, and therefore, the Company shall not be responsible for the operation of such protocols, nor shall it guarantee their operation, security or availability.
The User acknowledges that the protocols may be modified in their operating rules (hereinafter, "Fork" or "Forks") and that such modifications may significantly affect the value, utility and availability of the digital assets whose protocol is modified. In the event of a Fork affecting one of the digital assets displayed on the Platform, the User understands and accepts that the Company may temporarily suspend all operations related to that asset (with or without prior notice from the Company). The User understands that the Company: 1) is not obligated to list the new digital assets originated due to a Fork; 2) will not assume any liability for any damage that may arise as a result of a Fork.
IV.- COMMISSIONS
By using the services, the user agrees to pay the company the commissions determined in the commission table detailed on the platform, the values and conditions of which may be modified or updated at any time at the sole discretion of the company.
The commissions will be collected by the company automatically by deducting the corresponding amount from each executed instruction.
The electronic invoice for the services provided by the company will be sent to the user at the email address registered by the user on the platform.
V.- TERMINATION
The services provided by the company through the platform have an indefinite duration. However, the user accepts that the company may terminate, suspend, or interrupt the provision of services unilaterally, at its discretion, and without stating any cause. In the event that the user incurs in any type of breach regarding the conditions of use and obligations arising from these terms, the company may terminate the provision of services.
VI.- FORTUOUS EVENT
The Company shall not be liable for any failure, loss, delay, suspension, failure or impossibility in the provision of the Services and/or in the fulfillment of these Terms due to any event that could be considered as a result of unforeseen events, force majeure or the act of a third party for which it is not responsible. The following shall be deemed to be cases of unforeseen events, force majeure or acts of a third party, without limitation or exclusion of others: government restrictions or regulations, embargoes, computer or cyber attacks of any kind, theft, robbery, any type of fraud, acts of terrorism, wars, riots, strikes, labor or industrial disputes of any kind, fires, explosions, earthquakes, floods, accidents, acts of sabotage, environmental disturbances, unusually severe weather conditions, telecommunications failure, power failure, interruptions in the Internet connection, failures by linked service providers, or any other cause that could not have been foreseen or that, if foreseen, could not have been avoided. Likewise, the company shall not be liable for any type of factual or legal situation that may affect the banking entities where the collection bank accounts are opened and where the funds were transferred to comply with the instructions given to the company and which imply the temporary or permanent impossibility of disposing of, using, withdrawing, withdrawing or operating, whether partially or totally, with these. In none of these cases will the company be liable for such contingencies and the user may not demand, require or ask it in any way for the return of the money, interest, loss of profit, loss of opportunity and/or any other damage or loss that may have been suffered as a consequence of these or any instructions that have not been executed.
VII.- LIMITATION OF WARRANTY
The services provided by the company through the platform do not have any type of guarantee of marketability or suitability for the fulfillment of any particular purpose. The company does not guarantee the user that the services will be provided or available in a permanent and uninterrupted manner, safely or without errors. The company does not offer any type of guarantee regarding the quality, precision, punctuality, truthfulness, integrity or reliability of the services provided or the information contained in the platform.
VIII.- INDEMNITY
The user shall hold the company, its shareholders, employees, agents, directors, owners and any of its members harmless from any claim or administrative, extrajudicial or judicial procedure of any kind and shall be liable for any damages, losses, costs and expenses, which, among others, include attorneys' fees, experts and court fees, that are related in any way to their access to the platform, the use of the services, the activity carried out by the user with respect to the company and/or the violation of any of the provisions contained in these terms.
IX.- THIRD PARTY WEBSITES OR RESOURCES
The user understands and accepts that the platform may contain links to third party websites or resources, which are provided solely for the user's convenience. Accordingly, the company is not responsible in any way for the content, services, products, offers and/or any other type of information that such third party websites or resources may contain.
X.- INTELLECTUAL PROPERTY
The company and/or its controlling, controlled, affiliated or subsidiary companies are the owners of all intellectual, authorial and industrial rights regarding the platform, domain, software, hardware, logos, emblems, designs, information and content. The user does not have any rights regarding these.
XI.- PRIVACY POLICY
By using the services provided by the company, the user agrees to have read and be bound by the privacy policies included on the platform.
XII.- CONTACT AND SUPPORT INFORMATION
If you wish to ask a question or clarify a query, you may contact the company by sending an email to info@latamex.com.
XIII.- ADDRESSES AND NOTIFICATIONS
The company establishes its registered address for the purposes of this contract at Libertad 1170, 2nd floor, apartment E, in the Ciudad Autónoma de Buenos Aires, Republic of Argentina. The user establishes his/her registered address for the purposes of this contract in the one he/she registered in the identity validation procedure established on the platform. The company and the user agree that all notifications sent to said addresses will be valid.
XIV.- APPLICABLE LAW
These terms are governed exclusively by the laws in force in the Argentine Republic.
XV.- JURISDICTION
Any dispute or administrative, extrajudicial, or judicial procedure arising from these terms, the platform, and the services provided by the company must be submitted exclusively to the jurisdiction of the national courts with jurisdiction in commercial matters based in the city of Buenos Aires.