Terms of Use and Privacy Policy

ByteMax Exchange

1

Introduction

Welcome to the ByteMax Exchange platform ("ByteMax"). Before using our currency exchange and international payment intermediation services, please read these Terms of Use and our Privacy Policy carefully. They contain the rules governing access to and use of ByteMax services and form a legally binding agreement between the user ("You") and ByteMax Intermediação de Negócios Ltda.

By accessing or using the ByteMax Exchange platform, You declare that You have read, understood, and fully agree to these Terms of Use and the Privacy Policy. If You do not agree with any provision of these Terms, You must refrain from using the platform and ByteMax services. Continued use of our services will be considered tacit acceptance of these Terms and any updates.

These Terms of Use and the Privacy Policy apply to all platform users, including both payer users resident in Brazil and final beneficiaries abroad who use ByteMax to receive payments. This document seeks to ensure transparency, legal compliance, and security for both parties in the operations carried out.

2

Definitions and Scope of Services

For the purposes of this document, the following definitions apply:

  • ByteMax Exchange or Platform: the online platform owned by ByteMax Intermediação de Negócios Ltda. (CNPJ 51.091.756/0001-24), available via website and other digital interfaces, which offers currency exchange and international payment intermediation services between payer users in Brazil and beneficiaries abroad.
  • User: any natural person or legal entity that uses the ByteMax platform, including the Payer User (resident or domiciled in Brazil, who sends funds in national currency) and the Beneficiary User (the final recipient abroad who receives funds in foreign currency). Each User must complete their own registration and is responsible for their account on the platform.
  • Services: the services offered by ByteMax through the Platform, consisting of the intermediation of international payments with foreign exchange conversion. ByteMax acts exclusively as an intermediary in the processing and conversion of payments, facilitating the sending of amounts in Brazilian Reais (BRL) to be converted into foreign currency (e.g., Chinese Yuan – CNY) for availability to the Beneficiary User.
  • Transaction: an international payment operation carried out through the Platform, involving the sending of funds by the Payer User in the source currency (e.g., BRL) for foreign exchange conversion and delivery to the Beneficiary User in the destination currency (e.g., CNY), or vice versa, according to the service modalities available. Each Transaction is only initiated after acceptance of these Terms and in accordance with ByteMax operational instructions.
  • Partners: financial institutions, FX correspondents, payment providers, or other authorized third parties that ByteMax uses to enable the Services (including processing payments, performing foreign exchange conversions, fulfilling regulatory obligations, etc.). These partners may include banks, payment institutions, companies abroad (such as local payment platforms), and other providers involved in the Transaction chain.
3

User Registration and Eligibility

By registering, the User declares that they are over 18 years of age (or legally emancipated, with documentary proof) and have full legal capacity to enter into this agreement. In the case of a legal entity, registration must be carried out by its duly authorized legal representative, who declares that they have powers to bind the company under this contract.

Each User may have only one (1) active account on the ByteMax Exchange platform. It is not permitted to create multiple accounts for the same User or to assign/share their account with third parties. The User must keep their access credentials (login and password) in absolute secrecy and not disclose them to anyone. Any activity carried out on the User's ByteMax account is the User's responsibility, and the User undertakes to notify ByteMax immediately in case of unauthorized use or suspected compromise of their credentials.

For purposes of these Terms, account sharing includes, without limitation: allowing another person or entity to access, operate, or benefit from the account; sharing credentials, sessions, devices, API keys, or other means of access; or making payment links, receiving links, QR Codes, or account resources available so that third parties can offer them to their own customers, receive funds, process orders, or conduct activities for their own benefit using the User's account. Normal use of links generated by the account holder for their own customers is not considered prohibited sharing, provided that the operations reflect the account holder's activity, ultimate beneficiary, and information, without concealing third parties.

During registration and use of the Services, the User undertakes to provide true, complete, accurate, and up-to-date information, including, but not limited to: full name or corporate name, valid CPF/CNPJ, date of birth/incorporation, address, email, phone number, bank details, and any other data requested by the Platform. The User must keep such information always up to date in their profile and is solely responsible for any consequences of incorrect, outdated, or false information.

ByteMax reserves the right, at its sole discretion, to refuse a User's registration or terminate an existing account if it identifies any irregularity, untrue information, User ineligibility to use the Services, violation of these Terms, or risks of non-compliance with legal and regulatory requirements. This right may be exercised including for reasons of "lack of commercial interest" or to safeguard the security of the Platform and compliance with anti-money laundering rules, in accordance with internal policies and applicable legislation.

If the User intends to use the Platform to carry out Transactions on behalf of third parties (for example, as a representative of another natural person or legal entity), they must expressly inform this condition and present adequate documentation, such as a power of attorney with notarized signature and validity of no more than 1 (one) year, proving the granted powers. ByteMax may, nonetheless, at its discretion, deny access or require additional verification procedures in such cases.

4

User Representations, Warranties, and Obligations

By accepting these Terms and using the Platform, the User represents and warrants that:

  • They have legal capacity to enter into this contract and are not violating any legal or contractual restrictions when using the Services;
  • All information and documents provided to ByteMax, whether during registration or in the course of a Transaction, are true, authentic, complete, and up to date. The User undertakes to promptly update their data whenever there is any change;
  • The funds they will use in Transactions have lawful origin and belong to the User themselves (or to the person on whose behalf they are legally authorized to act). The User is not carrying out Transactions on behalf of undisclosed third parties ("fronts") nor using funds of illicit origin, related to criminal activities, money laundering, terrorist financing, or sanctions violations;
  • They undertake to use the Platform exclusively for lawful purposes and in accordance with these Terms, ByteMax policies, and applicable legislation, refraining from any act that may harm ByteMax, other users, or third parties.

The User further undertakes to:

  • Provide any additional information and documents that ByteMax requests in a timely manner, especially for the purpose of complying with legal/regulatory obligations (for example, proof of source of funds, information about the purpose of the remittance, additional identity documents, etc.);
  • Use only bank accounts held in their own name to send and receive funds through ByteMax (unless otherwise approved in advance by ByteMax in writing). The Payer User must make the outgoing deposits from their own account, and the Beneficiary User must be the holder of the destination account abroad. ByteMax may refuse or reverse funds originating from accounts held by a different account holder, for security and compliance reasons;
  • Immediately inform ByteMax if they identify any error, failure, or unauthorized use in relation to the Services or their account, cooperating with ByteMax to resolve the problem and mitigate any damages.

The User acknowledges that they are solely responsible for their use of the Platform and the Transactions they perform. They shall indemnify and hold ByteMax harmless from any loss, damage, fine, penalty, or cost (including attorneys' fees) arising from (i) false or inaccurate information provided; (ii) non-compliance with these Terms or the law; or (iii) violation of third-party rights as a result of their use of the Platform. This indemnification obligation remains in force even after termination of the contractual relationship between the User and ByteMax.

5

Prohibited Activities and Business Models

It is strictly prohibited for the User to use the Platform or the Services to:

  • Engage in or facilitate any unlawful, illegal, or law-violating activities, including, but not limited to, financial crimes, fraud, money laundering, concealment of assets, tax evasion, terrorist financing, or any conduct prohibited by financial crime prevention rules;
  • Send or receive funds that the User knows or should know originate from illegal activity, or direct funds to persons, entities, or countries that are subject to economic sanctions or restrictions imposed by national or international authorities (in accordance with ByteMax sanctions policies);
  • Share or allow the use of the account, credentials, sessions, API keys, payment/receiving links, QR Codes, or any Platform resources by third parties, especially so that another person or entity can operate, receive from their own customers, process orders, conceal the ultimate beneficiary, or obtain their own benefit using the User's account;
  • Directly or indirectly assist any person or entity blocked, restricted, sanctioned, or refused by ByteMax, ByteMax partners, regulatory bodies, or competent authorities to circumvent sanctions, blocks, restrictions, compliance checks, or procedures for preventing unlawful activity, including through a shared account, third-party account, payment links, or false/incomplete information;
  • Circumvent the Platform controls or attempt to avoid established limits or procedures, for example by splitting amounts into multiple transactions to evade monitoring thresholds, or by entering false/incomplete information about the purpose of the operation or the ultimate beneficiary;
  • Send funds to a recipient other than the one declared in the Transaction or to a location different from the one indicated (for example, declaring a destination country different from the actual one to avoid additional requirements). Each Transaction must accurately reflect the actual recipient and destination country;
  • Exploit any errors or system failures of the Platform for their own benefit or that of third parties. If the User identifies any error, bug, or anomalous behavior (including related to fees or incorrect exchange rate quotations), they must refrain from using it and immediately inform ByteMax. ByteMax reserves the right to cancel Transactions that violate this clause or that have benefited from an evident system or quotation error;
  • Use the Platform for purposes other than those for which it is intended, including, without limitation, carrying out illegal gambling, unauthorized betting, pyramid schemes, or any activities not permitted by the competent authorities. It is also prohibited to use ByteMax for transactions related to illicit products or services or of dubious reputation, according to ByteMax criteria;
  • Violate third-party rights or encourage the violation of such rights, including intellectual property, privacy, or personality rights. For example, the User must not send illegal content or violate third-party trademarks and patents in using the Platform;
  • Collect, store, or attempt to obtain personal data of other Platform users without authorization, or perform automated scanning, overload, or "scraping" actions on ByteMax systems. The use of "robots", "spiders", scripts, or other unauthorized automated tools to access, query, or manipulate the Platform is prohibited;
  • Compromise the security of the Platform or its systems by performing acts such as attempted intrusion, reverse engineering, insertion of malicious code (viruses, malware, etc.), denial-of-service attacks, or any other means aimed at exploiting, damaging, overloading, or modifying ByteMax systems and its technological structure.

The prohibition also applies when the User's activity, product, service, or business model involves:

  • Betting, casinos, lotteries, prediction markets, fantasy games with prizes, or skill games involving an entry fee or prize, even when locally licensed;
  • Mixers, tumblers, transaction-obfuscation services, darknet markets, or illicit peer-to-peer exchange;
  • Custody, exchange, money transmission, payment aggregation, securities, lending, investment, or other regulated financial activity without the applicable legal authorizations and ByteMax's prior express approval;
  • Ponzi or pyramid schemes, multi-level marketing, deceptive yield claims, or get-rich-quick products;
  • Fraud, phishing, ransomware, malware, credential theft, stolen data, or intrusion services;
  • Counterfeit goods, piracy, or material that infringes intellectual-property rights;
  • Adult sexual content or services;
  • Weapons, explosives, controlled substances, or unlawfully traded regulated goods;
  • Child exploitation, terrorism financing, violent extremism, or services intended to facilitate serious harm;
  • Persons, entities, territories, or dealings subject to sanctions applicable to ByteMax, its Partners, or the Transaction.

Travel, ticketing, crowdfunding, donations, high-value goods, regulated health products, third-party marketplaces, collecting funds on behalf of third parties, and other models requiring enhanced due diligence are not accepted without ByteMax's prior express approval. Approval may require legal analysis, evidence of licenses, source and purpose of funds, and additional KYC/KYB procedures.

ByteMax may, at its discretion, block, suspend, or terminate the account of a User involved in any prohibited activity above or who otherwise violates these Terms, without prejudice to any applicable legal measures. In cases of account sharing, third-party use, attempted sanctions circumvention, or involvement of a blocked, restricted, sanctioned, or refused person or entity, ByteMax may retain balances and Transactions for review, cancel or suspend orders, refund affected customers or payers when applicable, notify partners and competent authorities, and comply with legal, judicial, regulatory, or valid formal requests, including by blocking, returning, transferring, or allocating funds as required. The User understands that involvement in prohibited practices may subject them to civil, administrative, and criminal sanctions, in addition to the contractual measures provided herein.

6

Legal Compliance, Monitoring, and Cooperation

ByteMax is committed to compliance with applicable laws and regulations, including those related to anti-money laundering (AML), counter-terrorist financing (CTF), and compliance with international sanctions. To this end, ByteMax may adopt the following compliance measures with respect to Users and Transactions:

  • Identity Verification (KYC): At the time of registration and periodically, ByteMax may request identification documents (such as RG, CPF, CNH, passport, articles of incorporation, etc.), proof of address, selfies or liveness/proof-of-life, as well as other data necessary to confirm the User identity and verify the accuracy of the information provided. Queries to public and private databases may be carried out to validate or supplement User data, including checking for any judicial background, inclusion on sanctions lists, or politically exposed person status (PEP).
  • Transaction Monitoring: All Transactions are subject to monitoring and risk analysis. ByteMax uses a risk-based approach to identify suspicious activities or activities incompatible with the User profile. Transactions may be temporarily suspended, postponed, or blocked if they trigger compliance alerts, until the User provides additional information or documents that allow the operation to be released.
  • Refusal or Blocking: ByteMax reserves the right to refuse to carry out any Transaction or to preemptively block amounts and User accounts if it detects indications of irregularity, violation of these Terms or the law, or situations that may constitute violations of AML/CTF rules. Such blocking may remain until the conclusion of internal inquiries or official investigations, and, if necessary, the funds involved may be retained until authorization by the competent authorities or a decision to the contrary.
  • Reporting to Authorities: The User agrees and acknowledges that ByteMax may forward to governmental authorities and regulatory bodies information about the User and their Transactions that, at ByteMax discretion, is suspicious or mandatorily reportable under the law. ByteMax will also comply with court orders or formal requests by authorities for the provision of User data or blocking of funds, under applicable law.
  • Specific Regulatory Requirements: If the User is a person or company subject to its own regulatory obligations (for example, financial institutions, FX correspondents, companies required to register with SISCOAF, etc.), they must comply with their obligations and maintain all necessary authorizations. If ByteMax identifies that the User should be registered with a body (e.g., SISCOAF) and is not, it may notify the User and grant a deadline for regularization. If compliance does not occur, ByteMax may suspend or terminate the User access.

ByteMax may update its compliance procedures at any time to adapt to changes in legislation or in internal and partner guidelines. The User will be informed of any additional requirements and must fully cooperate, under penalty of having their operations refused or their account blocked. By accepting these Terms, the User expressly consents to the collection, use, and processing of their data for the purposes of preventing illicit acts and regulatory compliance, under the Privacy Policy.

7

Exchange Rate Quotations and FX Fluctuations

Currency conversion operations on the ByteMax platform are carried out based on the exchange rate presented to the User at the time each Transaction is contracted. Some important rules regarding quotations and exchange rate fluctuations:

  • The quote displayed to the Payer User is already the final quote for the Transaction and includes banking, processing and foreign exchange fees, ByteMax's remuneration and taxes applicable to the operation. This quote will remain valid for the period stated when entering into the Transaction, within which the User must confirm the Transaction and make the payment in Reais. If the payment (e.g., a Pix transfer) is not identified within that period, ByteMax may cancel the Transaction or update the quote according to the exchange rate in effect when the funds are received.
  • Once the exchange rate has been locked in (confirmed) for a Transaction, the Payer User assumes the commitment to honor that operation. If the User subsequently requests cancellation of the Transaction (as provided in the Cancellation section), they will be subject to the exchange rate variation that occurred during the period and other costs, which may be deducted from the refund, in accordance with the cancellation clauses of these Terms.
  • Exchange rates vary with the market, so quotes obtained at different times may differ. These fluctuations do not change the final quote for a Transaction confirmed and paid within the stated period. Late payments, changes requested by the User and cancellations are subject to the conditions set out in these Terms.
  • In the case of operations of receiving funds from abroad (if applicable on the Platform), the exchange rate will only be defined after ByteMax (or its Partners) identifies the actual incoming funds in foreign currency. Only after this confirmation will the conversion to national currency be carried out based on the quotation at that moment. This means that for remittances where the Beneficiary User in Brazil is awaiting funds from abroad, the rate will be variable until the funds are received and may differ from the one initially estimated.
  • Before confirming an order, the User must review the final quote, the amount to transfer and the amount to receive displayed by the Platform. Fees included in that quote will not be charged again or reduce the stated amount to receive for the agreed Transaction.
8

Taxes, Fees, and Commercial Conditions

The User is responsible for the banking, processing and foreign exchange fees assigned to them under the agreed terms. The User authorizes ByteMax to deduct these amounts from the funds transferred to execute the Transaction and to pass them on to the third parties providing the respective services, while respecting the final quote and the amounts stated when entering into the Transaction. The amounts passed on to third parties and ByteMax's remuneration will be itemized in the tax statement for the operation prepared by the company. The following rules on taxes and commercial conditions also apply:

  • Taxes and Government Charges: FX operations and international remittances may entail taxes such as IOF (Tax on Financial Operations), among others provided by law. When ByteMax or its Partners (such as the settlement bank) are responsible for withholding or collecting such taxes, these amounts will be charged in accordance with the legislation (and informed to the User when possible). In other situations, the User may be the taxpayer responsible for collecting taxes related to the Transaction (for example, import tax on purchased goods, or taxes on services provided abroad), and the User must calculate and pay such amounts on their own.
  • User Tax Responsibility: The User agrees that they are ultimately responsible for all taxes that may be due as a result of Transactions carried out through ByteMax, whether as the direct taxpayer or as the tax responsible party. ByteMax is not responsible for the calculation, filing, or payment of taxes due by the User, except for those that legally fall upon it as a financial intermediary. Information provided by ByteMax on tax matters is for informational purposes only and does not constitute tax advice; the User should seek independent professional guidance for questions about their tax obligations.
  • Reimbursement of Taxes Paid by ByteMax: If any tax authority requires ByteMax to pay a tax, fine, or charge due to the User tax obligations (or related to their operations), the User must fully reimburse ByteMax for such amounts within up to 15 (fifteen) calendar days, counted from notification, plus any costs or expenses (including fees and attorneys' fees) incurred by ByteMax. This obligation covers, for example, tax amounts that should have been paid by the User and that, for any reason, ByteMax has paid, as well as expenses arising from administrative or judicial proceedings related to such obligations.
  • Commercial Conditions: Any promotional conditions, coupons, discounts, or benefits granted by ByteMax to the User will be governed by the specific rules disclosed with them. Such benefits, when offered, are personal and non-transferable, valid for the period and conditions specified, and the User may not attempt to improperly accumulate or share them with third parties without authorization. ByteMax may cancel granted benefits if it finds improper use or use in violation of the applicable rules.
9

Transaction Processing and Timeframes

After registration confirmation and completion of any required verifications, the Payer User may initiate Transactions on the Platform, observing the following general procedures and timeframes:

  • Instructions and Payment by the Payer: When initiating a Transaction, the Payer User must enter the requested details and will then receive payment instructions. Typically, domestic payments are made via Pix to the account indicated by ByteMax. The Payer User must transfer the amount in Reais exactly as instructed and within the stipulated time to secure the agreed quotation.
  • FX Conversion and Transfer to the Beneficiary: Once receipt of funds in national currency is confirmed, ByteMax (through its Partners) will perform the foreign exchange conversion from BRL to the foreign destination currency, according to the locked exchange rate. Then, the steps to send the funds to the Beneficiary User abroad will be initiated, using the available payment networks. ByteMax will endeavor to ensure the amount is delivered to the Beneficiary in the shortest time possible, generally within up to 2 (two) business days after confirmation of payment by the Payer, except in exceptional occurrences.
  • Timeframes and Delays: The timeframes for completing a Transaction may vary depending on the destination location, time zone, banking hours, compliance with regulatory requirements, or any additional due diligence. Factors beyond ByteMax control, such as holidays in destination countries, failures in banking systems, strikes, fortuitous events, or force majeure, may cause delays. The User understands that these timeframes are estimates and that reasonable delays will not constitute contractual breach by ByteMax. However, ByteMax will keep the User informed about the transfer status and will use its best efforts to resolve any issues that cause unjustified delay.
  • Bank Details and Responsibility: It is the User responsibility to correctly provide all beneficiary bank details and information required for the transfer. ByteMax is not responsible for failure to deliver funds to the final beneficiary if such failure results from incorrect data provided by the Payer User. In such cases, if the funds return (due to non-existent account, data errors, etc.), ByteMax may refund the Payer deducting incurred expenses (such as fees charged by intermediary banks) and any exchange rate variation. If the funds do not return due to inaccurate data entered by the User, ByteMax will make reasonable efforts to assist in recovery, but does not guarantee success nor assume responsibility for losses.
  • Refusal to Process: ByteMax may refuse to process a Transaction (or suspend it) if it identifies any inconsistency in the provided data, suspicion of fraud or illegality, violation of these Terms, or non-compliance with operational requirements. In this case, ByteMax may cancel the Transaction and, if applicable, provide a refund to the Payer (deducting applicable costs), or retain the funds while it investigates the situation with the User or authorities, as applicable.
  • Receipts and Records: For each completed Transaction, ByteMax will provide the User with a receipt or report containing the main information about the operation, such as date, amount sent in BRL, amount delivered in foreign currency, exchange rate applied, fees charged, and recipient identification. This receipt will be available on the Platform or will be sent by email. The User is responsible for keeping such receipts for any future needs.
10

Operation Cancellation, Reversals, and Refunds

ByteMax adopts cancellation and refund policies consistent with the characteristics of FX operations. The following rules apply when the User requests cancellation or when a reversal of values is necessary:

  • Cancellation at the User Request: Once the Transaction has been confirmed and locked in on the Platform, the Payer User may request its cancellation before effective settlement to the beneficiary by immediately contacting ByteMax support. In such cases, ByteMax will use efforts to stop processing; however, cancellation will be subject to operational costs. In case of voluntary cancellation by the User, a cancellation fee may be charged (relating, for example, to the cancellation of an FX contract already closed with a financial partner) and exchange rate variation between the original contracting date and the cancellation date may also apply. In addition, any fees charged by banks or external providers involved in returning the funds will be deducted. The User agrees to bear all such amounts, which will be deducted from the amount to be refunded.
  • Refund Timeframe and Procedure: If cancellation is possible and the funds in foreign currency have not yet been delivered to the final beneficiary, ByteMax will provide the refund to the Payer User within up to 2 (two) business days after obtaining confirmation that the funds are available for return (for example, the return of funds by the partner bank abroad). The refund to the User will, as a rule, be made to the account from which payment originated, in national currency (Real). If the amounts have already been converted and remitted abroad, the return will depend on the beneficiary or the receiving institution agreeing to return the funds. ByteMax cannot compel the return of funds that have already left its sphere of control. If, however, the bank or partner abroad returns the amounts, ByteMax will pass them on to the Payer User as soon as it receives such funds, deducting the costs mentioned above. The exchange rate applicable to the refund will be the one in effect at the moment the return conversion operation is performed (in accordance with FX rules), which means that the amount in Reais returned may be different from the amount originally sent due to currency fluctuations.
  • Chargebacks or Reversals by the Payment Method: If the User used a payment method that allows unilateral reversal, they undertake not to request a chargeback or reversal with the payment institution except in cases of ByteMax breach of these Terms or fraudulent use of their payment method. If the User improperly opens a dispute/chargeback alleging ByteMax failure when in fact it is a dispute with the supplier or another reason unrelated to ByteMax, and ByteMax incurs costs to contest or handle such chargeback, it may charge the User those costs, deducting them from any refund or charging them directly, including by debiting their ByteMax account if there is a balance, with due notice.
  • Disputes and Contests: If the Payer User presents a contest (dispute) regarding unsatisfactory execution of the underlying commercial transaction (for example, product not delivered by the supplier or service not provided), ByteMax may, as payment intermediary, temporarily withhold the funds of the disputed Transaction and require the Beneficiary User to provide evidence or clarifications. ByteMax will analyze the dispute according to its internal procedures and may decide to refund the amounts to the Payer or release them to the Beneficiary, according to the evidence presented and user protection rules. The Payer User understands that ByteMax is not a party to the commercial relationship between them and the supplier, but will act in good faith in basic mediation of such payment disputes, without prejudice to the Payer seeking their rights directly against the supplier. In any case, fraudulent or bad-faith contests by the Payer will constitute a violation of these Terms and may lead to legal measures and account cancellation.
  • Payment Error or Duplication: In the event of a system error or operational failure whereby a Transaction results in duplicate payment to the beneficiary or in an amount greater than due, the User who receives undue amounts undertakes to inform ByteMax immediately and to return the excess amounts received. Failure to timely return amounts received unduly may constitute unjust enrichment and other legal violations, subject to collection and applicable legal measures by ByteMax, as well as blocking of the User account.
11

Limitation of Liability

Within the limits permitted by law, ByteMax establishes the following limitations and exclusions of liability regarding use of the Platform and the Services provided:

  • Service Availability: ByteMax will use its best efforts to keep the Platform in continuous operation and available, but does not guarantee that access will be uninterrupted or error-free. Temporary unavailability, maintenance interruptions, telecommunications failures, or events beyond ByteMax control may occur. The User agrees that ByteMax will not be liable for indirect losses or damages caused by unavailability, slowness, access failures, or Platform performance issues, but ByteMax will endeavor to restore normality as soon as possible.
  • Third-Party Acts: ByteMax is not responsible for acts or omissions of third parties beyond its control, including, but not limited to: failures in the banking network or partner payment systems, actions or omissions of the Beneficiary User or of the supplier of goods/services, events arising from fortuitous events or force majeure. In such cases, ByteMax will do what it can to assist in resolving the problem, but cannot be held liable for damages it did not directly cause.
  • Relationship with Merchants/Suppliers: ByteMax acts only as a payment intermediary and does not participate in the negotiation, supply, delivery, or quality of any goods or services acquired by the Payer User from the supplier/Beneficiary User. Therefore, ByteMax provides no warranties and assumes no responsibility for the effective delivery, conformity, quality, or legality of the products or services that gave rise to the Transaction. Any divergences, complaints, returns, or commercial disputes must be resolved between the Payer User and the supplier, and ByteMax, as stated, merely provides the payment method. Likewise, ByteMax Exchange is not responsible for any losses, damages, or harms arising from the supplier or final beneficiary non-performance or improper performance of the goods or services related to the Transaction. The Payer User assumes full responsibility for verifying the supplier reliability and the purchase conditions before making payment through ByteMax.
  • Information Provided by the User: ByteMax is not responsible for the truthfulness or legality of the information entered by the User on the Platform. Any damage or loss resulting from incorrect, incomplete, or fraudulent information provided by the User is the User sole responsibility. This includes, for example, consequences of entering wrong bank data, false declarations about the nature of the transfer, or unauthorized use of another person data. ByteMax may, at its discretion, take measures to mitigate such damage (such as attempting to reverse a transfer sent to an improper account), but assumes no obligation to do so nor guarantees results.
  • Limitation of the Indemnification Amount: If, notwithstanding the exemption clauses above, ByteMax is considered legally liable for any damage suffered by the User, the parties agree that ByteMax liability will be limited, at most, to the amount of the service fee charged by ByteMax in the specific Transaction that gave rise to the damage, or to the amount effectively transferred in the Transaction in question, whichever is lower. Under no circumstances will ByteMax be liable for indirect damages, lost profits, loss of business opportunity, loss of data, or any consequential damages arising from use of the Platform or the Services.
  • Security and Fraud: ByteMax adopts appropriate security measures to protect User accounts and data, as described in the Privacy Policy. However, ByteMax cannot guarantee absolute security and will not be responsible for breaches resulting from hacker attacks or other unlawful acts by third parties that manage to gain unauthorized access to information or funds, provided that ByteMax has complied with the required security standards. In addition, ByteMax is not responsible for losses suffered by the User due to unauthorized access to their account resulting from the User own negligence (for example, by exposing credentials or failing to adequately protect their devices).

Some jurisdictions do not allow certain limitations of liability. If any provision of this section is deemed invalid or unenforceable by a competent authority, the parties agree that the valid and enforceable limitation of liability closest to the original intent will apply. These limitations of liability apply to the maximum extent permitted by law and survive the termination or rescission of these Terms of Use.

12

Account Closure and Termination

These Terms of Use are in force for an indefinite period from the User acceptance, remaining valid while the User uses the Platform. However, ByteMax reserves the right, at any time, to terminate this contract or suspend/close the User access to the Services in the following cases (without prejudice to others provided throughout these Terms):

  • If the User violates any clause of these Terms of Use, the Privacy Policy, or other linked ByteMax policies;
  • If there are indications or confirmation of fraudulent, unlawful, or improper use of the Platform by the User;
  • If any User conduct is identified that may pose a risk to the security, integrity, or reputation of ByteMax, other users, or third parties;
  • In compliance with a court order, determination by a competent authority, or to meet legal/regulatory obligations that require the User removal;
  • For reasons of discontinuation of the Services or termination of ByteMax activities in its segment;
  • At ByteMax sole discretion, in case of lack of commercial interest in maintaining the relationship with the User, with prior notice when possible, considering a decision made based on internal business or compliance criteria.

In the event of termination of the contract or closure of the User account at ByteMax initiative, the User will be notified through the registered contact means. If there are ongoing Transactions, ByteMax may, depending on the reason for termination: cancel pending operations and provide reimbursement of amounts contributed by the Payer, or complete the operations for the benefit of the Beneficiary User before effecting closure, when feasible and legally permitted.

The User may also, at any time, request closure of their ByteMax account by contacting support and following the closure procedures. After the account is closed, the User will no longer have access to the Platform. ByteMax may retain the former user data and Transaction records for the period required by law or regulation, even after closure.

Termination or closure of the account will not affect provisions of these Terms that, by their nature, should remain in force, such as confidentiality obligations, disclaimers of liability, limitations of liability, indemnification obligations, among others.

13

Acceptance of the Terms and Amendments

Acceptance of these Terms of Use and the Privacy Policy is given electronically at the time of registration or continuous use of the Platform. The User declares that they have read and understood all the points set forth herein. Even after initial acceptance, continued use of the Services means ongoing agreement with these Terms in their current version.

ByteMax may modify, at any time, the content of these Terms of Use and the Privacy Policy, especially in case of changes in commercial conditions, feature updates, or for legal/regulatory compliance. When there are relevant changes, ByteMax will notify Users through the Platform itself (for example, a notice in the login area or a pop-up) and/or by registered email, presenting a summary of the modifications. We recommend that the User periodically review the current conditions of these Terms, available on ByteMax official website.

If the User does not agree with any future modification of the Terms, they must cease using the Platform before the new conditions take effect and may request closure of their account. Continued use of the Services after the effective date of the changes will constitute the User full and tacit acceptance of the revisions to the Terms.

Any official communications from ByteMax to the User, including notifications of contractual changes, may be made via email (sent to the address provided at registration) or notices within the Platform itself. The User hereby agrees that these are valid forms of communication and is responsible for keeping their contact details (especially email and phone) always up to date to receive such notices.

14

Applicable Law and Dispute Resolution

These Terms of Use and the relationship between the User and ByteMax are governed by the laws of the Federative Republic of Brazil, including with respect to consumer protection rules, antitrust/competition defense, bank secrecy, and data protection, when applicable. The parties agree that all obligations agreed herein are considered performed in Brazil.

The courts of the District of Januária, State of Minas Gerais, Brazil, are elected as the competent forum to settle any conflicts arising from these Terms of Use or use of the Platform, to the exclusion of any other, however privileged. By adhering to these Terms, the User agrees that this forum is convenient and waives the right to challenge it in the future.

Without prejudice to the chosen forum, ByteMax seeks to resolve any disputes amicably with its Users. In case of questions, complaints, or disputes, the User must contact ByteMax support channels, seeking a negotiated solution before resorting to judicial measures.

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Privacy Policy

This Policy explains which personal data ByteMax Exchange receives, why it uses the data, who it shares the data with, and how you can request information, correction or deletion. It covers the website, your account, Google sign-in, transactions and support. Processing takes account of the service purpose, applicable obligations and rights under the Brazilian General Data Protection Law (LGPD).

  • Controller and contact: ByteMax Intermediação de Negócios Ltda., CNPJ 51.091.756/0001-24, based in Januária/MG, Brazil, is the controller of data processed by the platform. For privacy questions and rights requests, use the chat on this website's Support page and ask the team for help with personal data. Visitors can also use the chat without signing in. Do not send passwords, authentication codes or complete identity documents in your initial message; the team will explain how to identify yourself for the request.
  • Data collected and its sources: We receive information you provide during registration and use of the service, such as your name, email, phone number, CPF/CNPJ, nationality, address, and company and representative details, depending on the account type. KYC/KYB checks may involve documents, images, identity evidence and review results. We process transaction information, such as amounts, recipients, payment details, receipts, orders, account movements and disputes; support messages and attachments; and technical access, session and security records, such as IP addresses and authentication events. Identity, payment and verification providers also supply confirmations and information needed to deliver the service.
  • Sign in with Google: If you choose Google sign-in, we receive your Google account identifier, email address, email verification status and basic profile data made available by Google, such as your name and, when provided, profile image, through the ZITADEL authentication system. Authentication evidence may include the organization domain for Google Workspace accounts. We use this information to authenticate you, create or link your identity to the correct account, maintain access details, securely recover access and support your account. ByteMax does not receive your Google account password. Sign-in is not used to read Gmail messages, Drive files, contacts or calendars.
  • Storage and use of Google data: Identity data and authentication links are processed in the authentication systems and databases used by ByteMax, with restricted access. They are retained as needed for access, security, support and the retention obligations described in this Policy. Processing involves Google, the ZITADEL system and infrastructure providers needed for authentication and account operation. Staff access is limited to support, security and compliance needs. ByteMax does not sell data received from Google, use it for personalized advertising or transfer it to train general-purpose AI models. Use and transfer of this data follow the Google API Services User Data Policy, including Limited Use requirements where applicable.
  • Purposes of processing: We use necessary data to register and authenticate users, verify identity and eligibility, execute and track payments and orders, maintain records and reconciliation, handle questions and disputes, prevent fraud and unauthorized access, and meet legal and regulatory obligations. Data required for a transaction or KYC/KYB is necessary to provide that feature. When processing relies on consent, its purpose will be explained and consent may be withdrawn through the privacy channels, without overriding other legitimate grounds for retention.
  • Sharing and processing abroad: We share necessary data with authentication, hosting, storage, identity verification, fraud prevention and support providers, as well as financial institutions, payment providers and partners carrying out requested transactions. Registration, KYC/KYB and transaction data may be provided to authorities to meet applicable legal obligations or requests. Recipients and providers may be outside Brazil; international processing must observe applicable data protection safeguards and requirements. Sharing is limited to its purpose, with access and confidentiality controls.
  • AI-assisted support: The chat uses AI, including OpenAI services, to understand requests, generate replies and assist the team. Messages, support context, attachment references and account or transaction data made available through authorized support queries may be sent to the AI provider for that support interaction. ByteMax stores conversations and support records. Entered content may contain personal data, and automatic removal of that data before processing is not guaranteed. Share only what is needed and ask the team for help with privacy matters.
  • Cookies, storage and security: We use cookies and browser storage to maintain sessions, protect requests and remember preferences, such as language and notices already seen. Blocking these resources may prevent sign-in or affect features. Data protection measures include HTTPS connections, authentication and authorization controls, and access restrictions by role. Documents and records are processed in systems subject to security controls; no system eliminates all risk.
  • Retention and account closure: Data is retained according to its purpose and the needs of service delivery, security, transaction evidence and legal or regulatory obligations. Closing an account stops its operations but does not immediately erase registration details, history or KYC/KYB records. The applicable minimum retention period is shown during account closure; legal orders and evidence preservation needs may extend retention. The end of the minimum period does not automatically delete or anonymize all data. Deletion requests are assessed according to the data category and grounds requiring its retention.
  • Your rights, deletion and Google revocation: Through the Support chat, you can request confirmation of processing, access, correction, sharing information and, where applicable, portability, anonymization, blocking or deletion of data and withdrawal of consent. We may need to verify your identity before fulfilling a request. To close your account, use the deletion option in settings; balances and pending transactions must first be resolved. You can also revoke the ByteMax connection in your Google Account's third-party connections area. Revocation affects Google sign-in but does not automatically close your ByteMax account or erase data already received; request those actions separately through support or settings, as applicable.
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