By this instrument, the person identified and registered in the system, who is an integral part of this Agreement ("USER"); and BEETELLER INSTITUIÇÃO DE PAGAMENTO LTDA., registered under CNPJ No. 32.074.986/0001-30, with its headquarters at Rua Pedro Celestino, No. 3607, Room 102, Centro, Campo Grande/MS, ZIP Code 79004-560 ("BEETELLER"); have mutually agreed to the present Terms and Conditions of Use of BEETELLER ("Agreement"), which shall be governed by the rules and conditions set forth below.
By electronically accepting this Agreement, by checking the box “I have read and agree with the Terms and Conditions of Use of BEETELLER,” the USER will automatically adhere to and agree with the terms and conditions of this Agreement and the Privacy Policy. The use of the BEETELLER System and/or conducting a Transaction will be interpreted as full acceptance of this Agreement.
BEETELLER may modify the terms of this Agreement periodically, at its sole discretion; the USER, if they do not agree with the modification, may terminate it without any charges or penalties.
BEETELLER is a Payment Institution regulated by Law No. 12,865/2013, and through the BEETELLER System, it manages and holds funds; opens Payment Accounts; and performs Payment and Transfer Transactions.
BEETELLER is also a provider of eFX services, under the terms of Circular 3,691/2013 from the Central Bank of Brazil (Bacen), as amended by Resolution No. 137 from Bacen, with its main activity being the intermediation of payments abroad, and it may perform: (i) remittance of funds from the USER to Foreign Sellers, solely for the purpose of making payments for International Purchases; and (ii) receipt of funds for payment to the USER for amounts owed to them by Foreign Sellers.
The updated version of this Agreement can be consulted at any time by the USER by accessing the following link: https://beetellergroup.com/termos-e-condicoes/brasil.
1. OBJECT AND DEFINITIONS
1.1. The object of this Agreement is the provision, by BEETELLER, of: (i) International Payment Services; and (ii) National Payment Services.
1.2. The words and expressions below, indicated in this Agreement by the first letter in uppercase, will have the following definitions:
“Bacen”: Central Bank of Brazil.
“Card”: A national or international payment instrument, in credit or debit mode, provided by issuers in the form of a plastic card, through which the USER can make payments to BEETELLER.
“Virtual Card”: A virtual payment instrument, non-physical, through which the USER can make payments to BEETELLER.
“Registration”: Form filled out by the USER on the Platform, containing their personal data and other necessary information for accreditation to the BEETELLER System and the creation of the Payment Account.
“International Purchases”: Purchases of Products from the Foreign Seller by the USER.
“Payment Account”: A payment account held by the USER, intended for loading, transferring, and redeeming funds, which, when converted into electronic currency, will be managed and custodied by BEETELLER.
“Agreement”: These Terms and Conditions of Use of BEETELLER, which is an electronic contract available at the link https://beetellergroup.com/termos-e-condicoes/brasil and on the Platform.
“Exchange Company”: An institution authorized by Bacen to operate in the foreign exchange market and conduct international fund transfers, which will be contracted by BEETELLER for the execution of the Payment Order.
“Suppliers”: Third parties offering products and/or services to the USER through the Platform.
“Functionalities”: Technologies provided by BEETELLER on the Platform for the USER to perform Transactions and use the BEETELLER System.
“Personal Information”: Data provided by the USER for the execution of the Payment Order, in accordance with the necessary limits for each transaction.
“National Currency”: The official currency adopted by Brazil (Brazilian Real - BRL).
“Foreign Currency”: The currency adopted and valid in the country where the Foreign Seller is located.
“Open Finance”: An initiative by the Central Bank of Brazil enabling the standardized sharing of financial data and services. This process occurs through the opening and integration of systems between participating institutions authorized by the Central Bank of Brazil (Bacen).
“Payment Order”: Remittance Order or Incoming Order.
“Incoming Order”: The incoming of funds in Foreign Currency, on behalf of the USER, for receiving returns related to International Purchases owed by the Foreign Seller, which will be converted into National Currency by the Exchange Company.
“Remittance Order”: The remittance of funds in Foreign Currency, on behalf of the USER, for the payment of International Purchases owed by the USER to the Foreign Seller, which will be converted from National Currency to Foreign Currency by the Exchange Company.
“PIX”: A payment arrangement established by Bacen that regulates the provision of payment services related to instant payment transactions within the arrangement.
“Platform”: Website https://beetellergroup.com/ and/or mobile app, available to the USER for: (i) using the Functionalities and performing Transactions; and (ii) acquiring Products sold by accredited Foreign Sellers.
“Privacy Policy”: Policy available at https://beetellergroup.com/politica-de-privacidade, which outlines the collection, use, storage, processing, sharing, protection, and deletion of the USER's information due to the use of the BEETELLER System, and is an integral part of this Agreement.
“Products”: Goods and/or services sold by the Foreign Seller through the Platform.
“International Payment Services” or “eFX Services”: Services provided by BEETELLER, in its capacity as an eFX service provider, to process Payment Orders for the USER or Foreign Seller.
“National Payment Services”: Services provided by BEETELLER to the USER for opening the Payment Account, managing and custodian funds, and providing Functionalities for conducting Transactions.
“Third-Party Services”: Products and services available to the USER on the Platform, offered by Suppliers that are not affiliated with BEETELLER.
“BEETELLER System”: Services related to the opening of the Payment Account and conducting Transactions by the USER.
“Transaction”: An operation in which the USER moves funds in their Payment Account, by loading resources into their Payment Account; transferring resources to the Payment Account of other USERS accredited in the BEETELLER System; or redeeming resources held in the Payment Account.
“Foreign Seller”: A legal or natural person, located abroad, responsible for the sale of Products through the Platform, who will be the final recipient of funds submitted through the Remittance Order by the USER or the original sender of the Incoming Order (as applicable), with Payment Orders being remitted or received by the Foreign Seller directly or through a representative.
“USER”: A legal or natural person who, by adhering to this Agreement, is authorized to perform Transactions through the BEETELLER System.
2. INTERNATIONAL PAYMENT SERVICES
2.1. The International Payment Services provided by BEETELLER, in its capacity as an eFX service provider, enable the execution of the Payment Order issued by the USER in favor of Foreign Sellers.
2.2. BEETELLER's International Payment Services consist of:
(a) Contracting an Exchange Company to convert National Currency into Foreign Currency for the execution of the Remittance Order to the Foreign Seller; and
(b) Contracting an Exchange Company to convert Foreign Currency into National Currency for receiving the Incoming Order remitted to the USER by the Foreign Seller.
2.3. The International Payment Services begin when the USER adheres to this Agreement and will remain in effect until the execution of the Remittance Order and/or Incoming Order, as applicable.
2.4. The Remittance Order will be executed based on the value of the Products purchased by the USER on the Platform in National Currency, with the USER being responsible for confirming the correctness of the amounts presented on the Platform, including any fees owed to BEETELLER and other costs and taxes before adhering to this Agreement.
2.4.1. If the USER disagrees with the amounts informed on the Platform, they should not confirm the Remittance Order.
2.5. BEETELLER will maintain information related to the International Purchase and the documents arising from the Payment Order for a period of 5 (five) years; the USER may, at any time, request a statement with the details of the operation through the available customer service channels, with 10 (ten) days' notice.
2.6. BEETELLER will be responsible for contracting the Exchange Company, at its discretion, for the transfer and conversion of funds submitted to the Payment Order.
2.7. When contracting the Exchange Company, the USER acknowledges that:
(a) The Exchange Company is solely responsible for the exchange rate applied to Foreign Currency, as well as for the service fees charged;
(b) BEETELLER will use its own criteria to define the Exchange Company responsible for each Payment Order, which may vary depending on the Platform and/or the location of each Foreign Seller;
(c) BEETELLER is not responsible for any failures, interruptions, and/or suspensions of services provided by the Exchange Company, which may prevent the execution of the Payment Order;
(d) The USER’s Personal Information will be provided to the Exchange Company to the extent necessary to execute the Payment Order;
(e) The entire contracting process may occur in the USER's name, in accordance with applicable legislation;
(f) The Exchange Company, for any reason, may refuse to execute a specific Payment Order, without BEETELLER being liable for any compensation or penalties resulting from this cancellation.
2.8. BEETELLER will only contract with Exchange Companies authorized to operate and conduct international transfers and foreign exchange in Brazilian territory, in accordance with Bacen regulations and applicable legislation.
2.9. The contracting of the Exchange Company will occur only when the USER's funds are available to BEETELLER.
2.10. Each Payment Order will be executed observing the maximum limit allowed by current legislation.
2.10.1. The limit established may be altered by BEETELLER at any time due to legal requirements, Bacen regulations, or its own criteria.
2.11. The Remittance Order to the Foreign Seller will be executed in Foreign Currency and will be subject to the operating rules, legislation, and timeframes practiced in the country where the Foreign Seller is located.
2.12. The Incoming Order will be executed based on the value in Foreign Currency received from the Foreign Seller, according to the exchange rate determined by the Exchange Company, with the USER being responsible for confirming whether the received amounts are correct before adhering to this Agreement.
2.13. BEETELLER will not accept the Payment Order when: (i) the USER provides incomplete or incorrect Personal Information; (ii) the Exchange Company or any other third parties involved (including national and foreign public authorities) prevent the execution of the Payment Order for any reason; and/or (iii) there are signs of fraud or suspicion of illegal activity, in accordance with the provisions of this Agreement and applicable legislation.
2.14. BEETELLER is not responsible for any issues involving the relationship between the USER and Foreign Sellers, with the services provided being limited to the execution of the International Payment.
2.15. To execute the Payment Order, the USER must provide their Personal Information, including (i) full name or company name; (ii) CPF or CNPJ registration number; (iii) other required data.
2.16. If the Personal Information has been filled out on the Platform, the USER expressly authorizes that their information be made available to BEETELLER.
2.16.1. In the case above, it is the USER’s responsibility, before using the International Payment Services: (i) to verify that the Personal Information is correct and updated; and (ii) to accept this Agreement.
2.17. Whenever necessary, BEETELLER, including at the request of the Exchange Company, may request that the USER provide additional information.
2.17.1. BEETELLER may, at any time, even after the execution of the Payment Order, request copies of documents to verify the truthfulness of the Personal Information provided by the USER.
2.18. The USER is fully responsible, both civilly and criminally, for the truthfulness of the Personal Information provided, including to third parties.
2.19. BEETELLER will not be liable for errors or failure to execute the International Payment Services if the Personal Information provided by the USER is inaccurate, false, or outdated.
3. NATIONAL PAYMENT SERVICES
3.1. The National Payment Services provided by BEETELLER, in its capacity as a Payment Institution, enable: (i) the registration and accreditation of the USER to the BEETELLER System; (ii) the creation of the USER’s Payment Account, enabling them to perform Transactions; and (iii) the management and custody of the resources held in the USER’s Payment Account.
3.2. Through the Platform, the USER may use the Functionalities to: (i) load, transfer, and withdraw the resources available in their Payment Account; (ii) check the balance of the Payment Account and transaction statements; (iii) make transfers between USERS holding Payment Accounts; (iv) make a transfer order to a bank account, either their own or a third-party’s (via TED, TEF, or other available means); (v) withdraw funds at lottery houses, ATMs, and authorized establishments, as available; (vi) issue bank slips for settlement in their Payment Account, after payment; (vii) pay bank slips and utility bills; (viii) top-up prepaid services, including but not limited to mobile/fixed telephony, public transport, app stores, among others; (ix) make instant payments via PIX, among other available Functionalities.
3.2.1. BEETELLER may, at any time and without prior notice, delete, change, or modify the Functionalities available on the Platform. At the time of the USER's acceptance of this Agreement, one or more Functionalities may not be available and may be added later due to the expansion of the services provided.
3.3. The Services will be provided remotely, through the license to use the Functionalities made available to the USER on the Platform.
3.4. BEETELLER, under its sole and exclusive responsibility, may subcontract third parties or form partnerships to provide part of the services that make up the BEETELLER System, fully answering for such actions.
3.5. The USER acknowledges that, as the Services involve technology and depend on services provided by third parties, BEETELLER cannot be held responsible or assume any liability for failures, errors, interruptions, malfunction, or delays in the use of the Functionalities; nor does it guarantee the maintenance of the BEETELLER System and Functionalities without periods of unavailability or slowness.
3.5.1. BEETELLER will also not be responsible for: (i) intermittent or unavailable internet connection adopted by the USER; (ii) technical incapacity of the mobile device or operating system; (iii) unavailability of the Platform on the app store or web browser used by the USER; and/or (iv) activities of unauthorized persons using the Platform’s systems.
4. ACCREDITATION TO THE BEETELLER SYSTEM
4.1. Accreditation to the BEETELLER System will be carried out by the USER's adherence to this Agreement, which will be completed by: (i) filling out the Registration Form; and (ii) the electronic acceptance expressly made on the Platform.
4.2. To use the BEETELLER System, the USER must necessarily complete the Registration Form, providing their personal data and information that may be requested on the Platform, which will allow BEETELLER to qualify the USER in accordance with the applicable regulations.
4.2.1. The information and documents requested during the registration process will enable BEETELLER, under the applicable regulations, to assess, evaluate, characterize, and classify the USER in order to understand their risk profile and economic-financial capacity.
4.2.2. In certain situations, at BEETELLER's discretion, the USER may have their Registration and the opening of the Payment Account approved through a simplified qualification process. In this case, the balance limit and the funding limit in the Payment Account will be defined by BEETELLER. Other limits may also be defined by BEETELLER and communicated to the USER. At any time, the qualification process may be completed, and the limits may no longer apply.
4.2.3. Whenever necessary, including to enable the use of the BEETELLER System for transactions exceeding the established limits, BEETELLER may request that the USER provide additional information beyond what was given in the Registration Form and may, at any time and at its sole discretion, request copies of documents to verify the accuracy of the information provided by the USER.
4.2.4. In the event that BEETELLER identifies incorrect or inaccurate data provided by the USER or if the USER refuses or fails to send the requested information and documents, BEETELLER may temporarily suspend access to the BEETELLER System and prevent the use of the Features until the regularization occurs.
4.2.5. BEETELLER may, at its sole discretion, conduct searches in public or private databases to verify the veracity of the data and information provided by the USER during registration.
4.3. The USER is civilly and criminally responsible for the accuracy of the information provided, including to third parties, and agrees to keep their data updated with BEETELLER.
4.3.1. BEETELLER will not be responsible for errors or failure to perform the services that are part of the BEETELLER System if the USER provides inaccurate, false, or outdated information.
4.4. When filling out the Registration Form or first accessing the BEETELLER System, the USER must create a login and password to use the Features and perform Transactions.
4.4.1. The login and password are personal, exclusive, and non-transferable to the USER, who must keep them confidential and not allow third-party access.
4.4.2. If the USER is a legal entity, they undertake to provide access to the login and password only to their legal representatives, partners, administrators, and/or proxies with the power to conduct legal transactions on their behalf; being responsible, before BEETELLER, other USERS, and third parties, for all acts and transactions performed through the use of the BEETELLER System.
4.4.3. The USER must provide a valid email and phone number for communication with BEETELLER, and any communication or notification sent via email will be considered valid and effective between the Parties.
4.5. To use the services provided by BEETELLER, the USER, among other obligations in this Agreement, must be: (i) an individual, over 18 (eighteen) years old, and have valid and regular registration with the Brazilian Federal Revenue Service; or (ii) a legal entity properly constituted, with headquarters or an office in Brazil, and having valid and regular registration with the Brazilian Federal Revenue Service.
4.5.1. Due to the nature of the services provided, BEETELLER cannot verify the civil capacity or regularity of the USER; therefore, BEETELLER will not be responsible for any damages caused due to non-compliance with the above conditions.
4.6. The use of the BEETELLER System and the execution of Transactions for the conclusion of business are prohibited in the following cases: (i) deemed illegal under Brazilian legislation; (ii) that violate the National Financial System, the regulations of the Central Bank of Brazil, or the rules of financial institutions, card issuers, or acquirers; (iii) considered financial crimes, including money laundering, terrorism financing, corruption, among others, even indirectly; (iv) that do not represent a regular business transaction and are intended for fraudulent activities; or (v) that, in any way, cause harm to BEETELLER, its partners, other USERS, Suppliers, or third parties.
4.7. Transactions with signs or suspicions of fraud will be subject to non-processing or cancellation, even if carried out in collusion or not by the USER.
4.8. BEETELLER may suspend access to the Features and stop performing Transactions via the BEETELLER System whenever it identifies or believes that the USER's activity or the nature of the Transactions violates any provision of this Agreement or applicable legislation, possibly subjecting the USER to the cancellation of their accreditation and immediate exclusion from the BEETELLER System, without any prior notice, and without generating any compensation or reimbursement to the USER.
5. PAYMENT ACCOUNT
5.1. To use the National Payment Services, the USER authorizes the opening of an individual and exclusive Payment Account, which may be operated through the Platform's Features.
5.1.1. The opening of the Payment Account will be completed by validating the data provided in the USER's Registration, including personal information, email, and phone number.
5.2. The loading of the Payment Account will occur through one of the available methods in the BEETELLER System, at the USER’s discretion, including:
(a) Payment of a bank slip by the USER or a third party on their behalf, with a unique identifier that allows the payment amount to be credited to the Payment Account;
(b) Bank transfer by the USER or a third party on their behalf, directly to the bank account indicated by BEETELLER, through TEF or TED operations;
(c) Receiving transfers from other USERS within the BEETELLER System, as available; (d) Cash deposit via lottery houses and other authorized establishments, as available; (e) Financial settlement resulting from Transactions made with credit or debit cards; and (f) Instant payments and transfers via PIX.
5.2.1. For instant payments and transfers via PIX, the obligations and conditions set out in the Annex - Instant Payments, which is an integral part of this Agreement, must be observed and followed by the USER.
5.2.2. BEETELLER may, at any time, establish other methods for loading the Payment Account, subject to changes in this Agreement and availability through the Features.
5.2.3. Once the Payment Account is loaded through one of the allowed methods, the funds will be available in the BEETELLER System within up to two (2) business days; from then on, the USER may perform Transactions using the Features.
5.3. The funds deposited in the Payment Account may be used for transfers or withdrawals through one of the available methods in the BEETELLER System, including:
(a)Making transfers to other USERS' Payment Accounts within the BEETELLER System; (b)Withdrawing funds via transfer to the USER's bank account;
(c)Loading a prepaid card issued for the USER, if available;
(d)Purchasing products or services contracted through the Platform, if available; (e)Paying the USER's debts, upon request, via the Features;
(f) Purchasing products or services contracted through the Platform, including Third-Party Services;
(g)Recharging prepaid services, including but not limited to mobile/fixed telephony, public transport, app stores, transportation apps, and others available on the Platform;
(h)Instant payments and transfers via PIX; and
(i) Loading a prepaid card, if available.
5.3.1. Transfers between Payment Accounts within the BEETELLER System will be processed within one (1) business day after the Transaction is made.
5.3.2. Withdrawals via bank transfer will be processed within two (2) business days from the Transaction date.
5.3.3. Transactions conducted through the Features will not be processed by BEETELLER if: (i) there are insufficient funds in the Payment Account; (ii) the USER fails to provide sufficient or accurate information for the Transaction; and/or (iii) there are indications of fraud or illegal activity, in accordance with the terms of this Agreement and applicable legislation.
5.4. BEETELLER will determine minimum and maximum value limits for loading BEETELLER Accounts and for conducting Transactions, which may vary based on the USER's Registration information, the type of Transaction, or other criteria defined by BEETELLER.
5.4.1. The criteria mentioned above may be changed at any time by BEETELLER with five (5) days' notice and by publishing the changes on the Platform.
5.5. The funds credited to the USER's Payment Account will be kept in a bank account held by BEETELLER, and in accordance with Article 12 of Law 12.865/2013: (i) they constitute a separate patrimony, which does not mix with BEETELLER’s own patrimony; (ii) they are not liable, directly or indirectly, for any obligation of BEETELLER and cannot be subject to judicial measures such as attachment, sequestration, search and seizure, or any other form of judicial constriction due to BEETELLER's debts; (iii) they cannot be used as collateral for BEETELLER’s obligations; and (iv) they are not part of BEETELLER’s assets in the event of bankruptcy or judicial or extrajudicial liquidation.
5.6. Any costs or benefits arising from maintaining the funds in BEETELLER's bank account cannot be charged to the USER, nor can the USER claim them.
5.6.1. Funds kept in the Payment Account, unless otherwise agreed, will not accrue any increases or changes, such as monetary correction or interest; there will also be no payment of any remuneration to the USER, regardless of how long the funds remain deposited.
5.7. The amounts deposited in the Payment Account must be used for payments and transfers and will be considered by BEETELLER as funds in transit under the USER's ownership.
5.8. The USER may not assign or encumber, in any way, the rights to the funds deposited in their Payment Account without prior written authorization from BEETELLER, under penalty of ineffectiveness of such assignment or encumbrance before BEETELLER.
5.9. The USER will have access to the Transactions performed or pending payment by accessing their Payment Account statement, where they can view the balance and transaction history. Providing the balance and transaction history is considered as an accounting statement for all legal purposes.
5.9.1. BEETELLER will provide access to Transactions performed in the last twelve (12) months; after this period, BEETELLER will not be responsible for maintaining the information, and it will be the USER's responsibility to control and store it, including the possibility of printing the available statement.
5.10. The USER ensures that all funds moved within their Payment Account will originate from legitimate and declared sources, exempting BEETELLER from any liability.
6. CANCELLATION OF TRANSACTIONS
6.1. Complaints and disputes arising from any Transactions carried out in the BEETELLER System must be resolved directly between USERS and/or between USERS and Foreign Sellers; BEETELLER will be exempt from any responsibility, without prejudice to the possibility of retention and/or compensation as provided for in this Agreement.
6.2. The USER declares and guarantees that they will be fully responsible for the truthfulness, accuracy, and compliance of the information and values in the commercial relationships related to the Transactions; and they will be held accountable, if necessary, for the quality, quantity, security, adequacy, price, timing, delivery, Functionality, and warranties of the products or services that originated the Transactions.
6.3. Cancellation of the Remittance Order can be requested from BEETELLER until the moment the funds are transferred to the Currency Exchange Company.
6.3.1. After this transfer, the USER must request the cancellation directly from the Foreign Seller, following the rules and procedures published on the Platform.
6.3.2. If the Foreign Seller accepts the USER’s request, they can request a refund from BEETELLER through an Entry Order; BEETELLER will not be responsible for any differences between the Payment Order amount and the Entry Order amount, if they differ.
6.4. Payment Orders will be automatically canceled: (i) when a duplicate is detected; (ii) if incomplete or inaccurate information is provided; (iii) in cases of suspected irregularities or fraud; or (iv) in other cases provided in this Agreement or in applicable legislation.
6.5. The Payment Order may also be canceled by BEETELLER if: (i) for any reason, it is refused by the Currency Exchange Company; or (ii) the rules applicable to the Seller's country prevent the Payment Order from being processed.
6.6. The USER ensures that all funds used for the Payment Order will originate from lawful and declared sources, exempting BEETELLER from any responsibility.
6.7. The use of International Payment services to purchase Products is prohibited in the following cases: (i) Products considered illicit and prohibited under Brazilian law; (ii) Products that violate the Brazilian Federal Revenue system, the National Health Surveillance Agency, the Central Bank regulations, or customs rules; (iii) Products that are associated with criminal activities such as money laundering, terrorism financing, and corruption, among others, even indirectly; (iv) Products that do not represent a legitimate business transaction and are intended for fraudulent activities; or (v) Products that, in any way, cause harm to BEETELLER, its partners, or third parties.
6.8. BEETELLER may refrain from processing the Payment Order whenever it identifies or believes that the USER's activity or the nature of the Payment Order violates any provision of this Agreement or applicable Brazilian law.
7. EXEMPTION OF RESPONSIBILITY
7.1. BEETELLER will not be responsible under any circumstances for the products sold by Foreign Sellers, nor for the content and/or information described on the Platform, as the services provided are limited solely to processing International Payments.
7.2. In the event of discrepancies, failures, errors, or any other issues regarding Foreign Sellers and their Products, the USER must resolve them directly with the Foreign Sellers through the support channels available on the Platform, exempting BEETELLER from any responsibility.
7.3. The USER acknowledges that BEETELLER will not be responsible or assume any liability for failures, errors, interruptions, malfunctions, delays, or other imperfections that may arise in the services provided under the International Payments, even if caused by BEETELLER, the Currency Exchange Company, or its partners, and does not guarantee continuous operation of its systems without periods of downtime or slowdowns and free of errors.
7.4. The USER acknowledges that the execution of the Payment Order is conditional upon the actual receipt of funds by BEETELLER from: (i) the financial institution responsible for the bank transfer or receipt of the bank slip via Virtual Card; (ii) the acquirers or sub-acquirers who process the card transaction payments; or (iii) the Currency Exchange Company transferring the funds resulting from the Entry Order.
7.4.1. BEETELLER will not be responsible for the absence or delay in the transfer of funds by third parties.
7.5. BEETELLER will, under no circumstances, be responsible for non-payment to Foreign Sellers due to causes not attributable to it, including, but not limited to: (i) applicable legislation in the destination country of the Remittance Order or the origin country of the Entry Order that suspends, delays, or prevents the settlement of funds; (ii) inability to locate the Foreign Seller based on the information provided on the Platform; (iii) errors in the Payment Order for any reasons set forth in this Agreement; or (iv) refusal of the Currency Exchange Company to process the Payment Order.
8. CASES OF RETENTION AND COMPENSATION OF FUNDS
8.1. The USER acknowledges and agrees that BEETELLER, in accordance with the provisions of this Agreement, has the right to: (i) retain the amounts in the USER's Payment Account to guarantee, in full, any payments due to BEETELLER or to safeguard BEETELLER from financial risks related to the USER's obligations; and (ii) offset any debts of the USER to BEETELLER with the amounts held in the Payment Account.
8.2. BEETELLER will carry out the retention and compensation of amounts, existing or future, held in the USER's Payment Account, in the following cases:
(a) When BEETELLER deems there is a high level of operational or credit risk associated with the USER's Transaction history;
(b) In cases of suspected irregularities or risk of Transaction cancellation due to complaints, disputes, or misuse of the BEETELLER System;
(c) In cases of illiquidity, insolvency, requests for judicial or extrajudicial recovery, bankruptcy, closure of activities, or any other situation in which the USER's inability to fulfill their contractual and/or legal obligations is characterized; or
(d) Whenever there is a breach of the obligations set forth in this Agreement or applicable law.
8.3. If there is insufficient balance to cover the payment of the amounts owed, BEETELLER will notify the USER to immediately load their Payment Account, under penalty of automatic default without the need for notice or any formalities.
8.3.1. The absence or delay in the payment of any amounts owed by the USER will result in a late payment fee of 2% (two percent), monetary correction according to IGPM/FGV or any index that may replace it, and interest of 1% (one percent) per month, calculated on the amount due.
8.3.2. The USER's default will also result in the immediate termination of this Agreement and the adoption of legal measures to collect the debt, including the inclusion of the debt with credit protection agencies.
8.4. The USER will have a period of 90 (ninety) days to point out any discrepancies or errors related to the amounts recorded in the Payment Account, starting from the completion of the Transaction, the debit posting, or the compensation. After this period, the USER will no longer be able to claim for the recorded transactions, providing full and final settlement to BEETELLER.
9. RESCUE OF FUNDS AND CLOSURE OF THE PAYMENT ACCOUNT
9.1. The USER may, at any time, provided they have sufficient balance to cover the withdrawal fee, applicable bank fees, and any outstanding debts owed to BEETELLER, make a full withdrawal of the funds held in the Payment Account, as well as close the account, by requesting it from BEETELLER via the BEETELLER System.
9.2. The withdrawal of funds will be made at the USER's request, through the transfer of the net amount in the national currency, according to the methods established for the use of the funds held in the Payment Account.
9.3. The USER is responsible for the accuracy of the data provided about the bank account they own, relieving BEETELLER of any responsibility for transfers made due to inaccurate or incorrect information provided by the USER.
9.3.1. If it is not possible to withdraw funds due to irregularities in the indicated bank account, the respective amounts will remain held and will be kept in the Payment Account until the USER resolves the issue, without incurring any costs, penalties, or charges.
9.4. In case of a technical and/or operational failure in the BEETELLER System or the BEETELLER banking system, BEETELLER may, without incurring any cost or penalty, exceed the established deadline for the withdrawal of funds from the Payment Account by up to one (1) business day.
9.5. If the scheduled withdrawal date is a holiday or a non-banking day, the payment will be made on the first (1st) business day thereafter.
9.6. Failure to use the Payment Account, defined as the absence of any usage for a period of six (6) months, may result in an inactivity fee to cover maintenance expenses incurred by BEETELLER, which will be deducted from the balance in the Payment Account.
9.7. If the USER's Payment Account has no balance for a period of more than twelve (12) months, BEETELLER will close the Payment Account with a prior notice of three (3) business days.
10. REMUNERATION OF BEETELLER
10.1. In consideration for the provision of National Payment Services, the USER will pay BEETELLER the fees, whether fixed or percentage-based, charged on each Transaction conducted, according to the amounts indicated in the Registration and/or available for consultation on the Platform.
10.2. The USER will pay BEETELLER: (i) a fee for each Transaction performed on the BEETELLER System; (ii) a withdrawal fee for the funds; (iii) an inactivity fee for the Payment Account; (iv) a maintenance fee for the Payment Account; (v) a fee for transferring funds to a third party’s bank account (if available); and (vi) additional fees for other services that may be provided by BEETELLER, as described in specific contractual instruments, cumulatively with the other fees.
10.3. For the collection of fees, including for additional services contracted by the USER, BEETELLER may, alternatively: (i) charge debits to the Payment Account; or (ii) offset the amount of debts with any other credits, present or future, owed to the USER.
10.3.1. Without prejudice to the suspension of services provided through the BEETELLER System, if the USER fails to credit their Payment Account, the late charges stipulated in this Agreement will apply.
10.4. BEETELLER may adjust or alter the fee amounts charged, informing the USER in advance by email or prior announcement on the Platform.
10.4.1. If the USER does not agree with the new compensation conditions, they may terminate this Agreement without incurring any costs or penalties. Failing to terminate will be interpreted as acceptance of the new fee amounts.
10.4.2. If new taxes are created or the calculation and/or collection conditions for taxes applicable to the current compensation change, BEETELLER, with prior notice of ten (10) days, will alter the amounts charged in order to restore the economic-financial balance.
10.5. BEETELLER may establish other forms of compensation, including for additional services contracted, through specific contractual instruments, with prior communication to the USER at least ten (10) days in advance.
10.6. The USER agrees that BEETELLER, at its sole discretion, may sell, assign, pledge, or otherwise dispose of the receivables resulting from its compensation, without affecting the USER's right to receive the net amount from the Transactions.
11. TERM AND TERMINATION
11.1. With respect to National Payment Services, this Agreement is concluded for an indefinite term, starting from the date of its acceptance by the USER. Regarding International Payment Services, this Agreement will be terminated after the execution of the Remittance Order and, if applicable, the Entry Order, as it is contracted between the Parties solely for this operation.
11.2. This Agreement may be terminated at any time by the USER, upon request via the Platform.
11.2.1. Once termination is requested, BEETELLER will verify, within five (5) business days, whether there is any existing balance to be transferred to the USER and proceed with the termination of the Agreement.
11.3. This Agreement may be terminated at any time by BEETELLER, by notifying the USER with thirty (30) days' prior notice.
11.3.1. The Agreement may be terminated by BEETELLER if: (i) after being duly notified of the inactivity of the Payment Account, the USER fails to comply with the activation rules and deadlines indicated in the respective notification; or (ii) there is a serious irregularity in the information provided by the USER.
11.3.2. Serious irregularities, among others, include situations of registration in the Cadastro de Pessoas Físicas (CPF) or Cadastro Nacional da Pessoa Jurídica (CNPJ) defined in the instructions of the Brazilian Federal Revenue Service, such as: (i) ‘suspended,’ ‘canceled,’ or ‘null’ for CPF; and (ii) ‘inactive,’ ‘closed,’ or ‘null’ for CNPJ.
11.4. Except for the cases mentioned below, the termination of this Agreement will occur without any charges, penalties, or fees, except for any pending obligations that must be fulfilled for the necessary period.
11.5. Immediate and justified termination of this Agreement will occur in the following cases: (i) declaration of bankruptcy, filing for judicial or extrajudicial recovery, or closure of operations by either Party, at the sole discretion of the other Party; or (ii) failure to comply with any obligation under this Agreement that is not remedied within the stipulated period or, in case of omission, within ten (10) days from the notification.
11.6. If the termination of the Agreement occurs due to the fault of the USER, it is hereby established that their access to the Platform and the BEETELLER System will be immediately blocked, with the suspension of their Payment Account and retention of the USER's credits for the necessary period to protect BEETELLER’s, other USERS’, and third parties’ rights, without prejudice to other legal measures and the investigation and compensation of any additional damages.
12. ADDITIONAL RESPONSIBILITIES OF THE USER
12.1. All taxes related to the provision of Services and the licensing of functionalities made available in the BEETELLER System are the sole responsibility of the USER, and BEETELLER may deduct the respective amounts from the USER's credits.
12.2. Bank transfers, payment of bank slips, and other operations may be subject to the payment of fees, charges, or costs, according to the criteria and amounts established by the financial institutions. BEETELLER has no control over the values charged to the USER.
12.3. The USER acknowledges and agrees that the Transactions performed via the BEETELLER System are subject to the application of current legislation, including anti-money laundering, counter-terrorism financing, and anti-corruption laws; and that the transfers of Transaction amounts are subject to strict compliance with applicable legislation.
12.4. To use the Functionalities and access the BEETELLER System, the USER must have devices (computer, smartphone, tablet, or other similar devices) with internet access and in conditions compatible with its use. It is the sole responsibility of the USER to obtain, maintain, and pay for such access and the necessary equipment (including taxes, fees, or charges levied by service providers). BEETELLER is not responsible for failure to complete Transactions due to equipment incompatibility or lack of internet access.
12.5. The USER agrees to hold BEETELLER harmless from any claims or lawsuits, judicial or extrajudicial, arising from the use of the BEETELLER System, including with respect to the USER's own activities and legal matters related to business conducted outside the BEETELLER System.
12.6. The USER agrees to indemnify BEETELLER for all amounts expended in legal actions or administrative processes filed against BEETELLER due to the USER's failure to fulfill obligations under this Agreement.
12.6.1. BEETELLER may retain credits to be paid to the USER and offset them for the payment of debts arising from judgments, legal costs, and attorney fees.
12.6.2. BEETELLER has a Privacy Policy that explains how the USER’s information will be collected, used, stored, processed, shared, disclosed, and protected. The USER should carefully read the Privacy Policy, which is an integral part of this Agreement.
12.6.3. The USER acknowledges and agrees that the intellectual property of the Functionalities is entirely and exclusively owned by BEETELLER or third parties who grant it the right to use them. The USER is authorized to use the Functionalities integrated into the BEETELLER System during the term of this Agreement, under the terms and conditions set forth.
12.7. The USER acknowledges and agrees that the intellectual property of the Functionalities is entirely and exclusively owned by BEETELLER or third parties who grant it the right to use them. The USER is authorized to use the Functionalities integrated into the BEETELLER System during the term of this Agreement, under the terms and conditions set forth.
12.7.1. The USER is prohibited from: (i) copying or transferring in any form, totally or partially, any Functionalities or information related to the Functionalities; (ii) modifying the characteristics of the Functionalities or integrating them with other BEETELLER Systems or software; (iii) copying data extracted from the BEETELLER System, except for data related to the movements of the Payment Account.
12.8. The USER agrees not to infringe any rights related to trademarks, patents, software, internet domain, industrial secrets, or intellectual property or copyright of any services or Functionalities made available under this Agreement, nor to use the name, brand, logo, or any other distinctive mark of BEETELLER or its partners without prior written consent.
12.9. The USER acknowledges and agrees that the intellectual property of the Functionalities is entirely and exclusively owned by BEETELLER or third parties who grant it the right to use them. The USER is authorized to use the Functionalities integrated into the BEETELLER System during the term of this Agreement, under the terms and conditions set forth.
12.9.1. The USER is prohibited from: (i) copying or transferring in any form, totally or partially, any Functionalities or information related to the Functionalities; (ii) modifying the characteristics of the Functionalities or integrating them with other BEETELLER Systems or software; (iii) copying data extracted from the BEETELLER System, except for data related to the movements of the Payment Account.
12.10. The USER agrees not to infringe any rights related to trademarks, patents, software, internet domain, industrial secrets, or intellectual property or copyright of any services or Functionalities made available under this Agreement, nor to use the name, brand, logo, or any other distinctive mark of BEETELLER or its partners without prior written consent.
13. THIRD-PARTY SERVICES
13.1. BEETELLER may establish partnerships with Suppliers, allowing the USER to contract various services and products available on the Platform.
13.2. Regarding Third-Party Services, BEETELLER acts solely as an intermediary between the USER and the Supplier, as the technology available on the Platform aims to connect both parties.
13.2.1. BEETELLER will provide information about the Suppliers, their products, and services on the Platform, enabling the USER to make direct contracts with such Suppliers.
13.2.2. To use Third-Party Services, the USER may be redirected to a website or another platform. Additionally, the Suppliers may require new information, documents, and/or data related to the USER.
13.3. As an intermediary, BEETELLER has no influence over the conditions, prices, and execution of Third-Party Services, including the terms of contracting, document requests, and other relevant actions. The Suppliers are solely responsible for all matters related to the Third-Party Services offered on the Platform.
13.3.1. BEETELLER cannot be held liable for any claims arising from contracting Third-Party Services, and the USER must contact the Supplier directly for issues regarding service provision. 13.3.2. The Supplier is solely responsible for all information disclosed on the Platform about the Third-Party Services, including images, features, prices, and the quality, existence, quantity, security, delivery, and warranty of the promised services. BEETELLER will not exercise any control or oversight and will not bear any responsibility for the Third-Party Services and/or the truthfulness of the information provided on the Platform.
13.3.3. Furthermore, BEETELLER is not responsible for the legitimacy, technical-operational capacity, or financial stability of the Suppliers, as it only acts as an intermediary in the relationship between the Supplier and the USER.
14. HANDLING AND SHARING OF DATA RELATED TO FRAUD INDICATIONS
14.1. The USER acknowledges and agrees that the personal data provided to BEETELLER will be processed in accordance with Law No. 13,709/2018 (General Data Protection Law – "LGPD"). The USER also agrees that, in accordance with Joint Resolution No. 6, dated May 23, 2023, from the Brazilian Central Bank (Bacen), their data may be shared with other institutions authorized by Bacen, exclusively for the purposes of communication and fraud indication analysis, following the principles of necessity, purpose, security, and other guidelines set forth in the applicable legislation.
15. GENERAL PROVISIONS
15.1. The USER acknowledges and agrees that, regardless of where they are using the services integrated into the BEETELLER System, the relationship between the Parties will always be governed by Brazilian legislation.
15.2. The USER expressly authorizes BEETELLER to use the information, including data related to their Registration, Payment Account, current account, and Transactions performed on the BEETELLER System, to form a database, preserving the individuality and identification of each USER.
15.3. The USER authorizes BEETELLER to verify and exchange their registration, credit, and/or financial information nationwide with financial institutions or credit protection entities, including conducting inquiries in the BEETELLER credit risk system about any debts for which the USER is responsible, and to provide the mentioned entities with the USER's registration and credit information.
15.4. In accordance with applicable legislation and the Privacy Policy, the USER agrees that BEETELLER or any of its partners may send informational or advertising messages.
15.5. BEETELLER will assist and cooperate with any judicial authority, regulatory agency, or public entity that requests information, and may, in such cases, provide any information regarding the USER in relation to their use of the Platform.
15.6. In accordance with Law No. 13,709/2018 (General Data Protection Law – LGPD), BEETELLER informs that the Data Protection Officer (DPO), Caio Souza Vidal de Negreiros, can be contacted at the email: dpo@beeteller.com. The DPO is responsible for acting as a communication channel between BEETELLER, data subjects, and the National Data Protection Authority (ANPD).
15.7. The Parties choose the Court of the City of Campo Grande/MS as the exclusive jurisdiction to resolve issues arising from this Agreement, expressly waiving any other jurisdiction, however privileged it may be.
15.8. Any doubts regarding this Agreement may be sent to BEETELLER via email: suporte@beeteller.com or through the website https://beetellergroup.com/.