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Terms of Use

Last updated: January 8, 2025

Important: By using the Ezcale platform, you agree to these Terms of Use. Please read them carefully before using Ezcale services.

1. Acceptance of Terms

These Terms of Use ("Terms") govern access to and use of the Ezcale platform and related services ("Services").

By creating an account, accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

2. Definitions

  • Client: Individual or legal entity that contracts for the Services
  • Platform: System including the API, dashboard and tools
  • Transaction: Payment operation processed through the Platform
  • Split: Automatic division of transaction amounts among recipients
  • Recipient: Recipient of amounts in a split transaction

3. Description of the Services

The Platform provides:

  • Infrastructure for payment processing with split
  • APIs for payment integration
  • Dashboard for transaction management and reconciliation
  • Analytics and reporting tools
  • Webhooks for real-time notifications
  • Smart routing between multiple payment gateways

4. Eligibility

To use the Services, you must:

  • Be at least 18 years old
  • Have legal capacity to enter into binding contracts
  • Provide accurate and complete registration information
  • Keep your information up to date
  • Not be on a sanctions or restrictions list
  • Operate a legitimate business in accordance with Brazilian law

5. Registration and Account

5.1 Account Creation

To use the Services, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your access credentials.

5.2 KYC/KYB Verification

Ezcale may require additional documentation to verify identity (KYC) or business (KYB) in accordance with regulatory requirements and anti-money laundering policies.

5.3 Account Security

You are responsible for:

  • Keeping passwords and API keys confidential
  • Immediately reporting any unauthorized access
  • All activities carried out under your account

6. Acceptable Use

6.1 You Agree to:

  • Use the Services only for lawful and legitimate purposes
  • Comply with all applicable laws and regulations
  • Provide accurate information about transactions
  • Implement appropriate security measures in your integration
  • Not exceed the documented API rate limits

6.2 You May Not:

  • Process transactions related to illegal activities
  • Sell, resell or transfer access to the Services without authorization
  • Reverse engineer the Platform
  • Use the Services to create a competing product
  • Transmit viruses, malware or malicious code
  • Attempt unauthorized access to systems or data
  • Process fraudulent or suspicious transactions
  • Violate intellectual property rights

7. Pricing and Payment

7.1 Fees

Fees are defined in the contracted plan and are available at ezcale.com/products. Fees include:

  • Fixed monthly plan fee
  • Percentage of processed transactions
  • Additional fees for services used

7.2 Billing

  • Monthly billing in advance (fixed fee) + in arrears (transactions)
  • Payment by credit card or bank boleto
  • Non-payment may result in suspension of the Services

7.3 Refunds

Fees are non-refundable except as required by law or described in the SLA.

8. Intellectual Property

All rights to the Platform are reserved, including its code, design, brand, documentation and content. You receive a limited, non-exclusive and non-transferable license to use the Services under these Terms.

9. Data and Privacy

The processing of personal data is governed by the Privacy Policy, incorporated by reference into these Terms.

You are responsible for obtaining the necessary consents from your clients to process data through the Platform.

10. Confidentiality

Both parties agree to keep confidential any non-public information received from the other party, except when disclosure is required by law.

11. Warranties and Limitations

11.1 Services "As Is"

The Services are provided "as is," without express or implied warranties, except as set out in the SLA.

11.2 SLA

The uptime and performance commitment is detailed at ezcale.com/sla.

11.3 Limitation of Liability

Except for willful misconduct or gross negligence, our liability is limited to the amounts paid by you in the 12 months preceding the event giving rise to the claim.

We are not liable for lost profits, indirect or consequential damages.

12. Indemnification

You agree to indemnify and hold the Platform harmless from claims arising from:

  • Your violation of these Terms
  • Violation of laws or third-party rights
  • Misuse of the Services
  • Fraudulent transactions processed by you

13. Suspension and Termination

13.1 By You

You may cancel your account at any time through the dashboard. Cancellation takes effect at the end of the current billing period.

13.2 By Ezcale

Ezcale may suspend or terminate your account immediately if:

  • You violate these Terms
  • Ezcale detects fraudulent or suspicious activity
  • Payment is overdue
  • Ezcale is required to do so by law or court order
  • You do not provide requested KYC/KYB documentation

13.3 Effects of Termination

  • Access to the Platform will be revoked
  • Data will be retained in accordance with the Privacy Policy and legal requirements
  • You remain responsible for pending amounts

14. Changes

Ezcale may modify these Terms with 30 days' advance notice. Continued use after changes constitutes acceptance of the new Terms.

Ezcale may modify, suspend or discontinue the Services with reasonable prior notice.

15. General Provisions

15.1 Governing Law

These Terms are governed by the laws of the Federative Republic of Brazil.

15.2 Jurisdiction

The courts of the district of São Paulo, SP, have jurisdiction to resolve disputes, to the exclusion of any other.

15.3 Severability

If any provision is held invalid, the remaining provisions remain in effect.

15.4 No Waiver

Failure to exercise a right does not constitute a waiver.

15.5 Assignment

You may not assign these Terms without written consent. Ezcale may assign them without restriction.

16. Contact

For questions about these Terms:
Email: legal@ezcale.com

Questions about the Terms? Contact the legal team: legal@ezcale.com
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