Terms and Conditions of Use

These Terms and Conditions ("Terms") govern access to and use of the VANK platform. By creating an account, checking the acceptance box or using any service, you declare that you have read, understood and accept these Terms in full. If you do not agree, do not use the platform.

1. Who operates VANK

1.1. The VANK platform ("Platform") is operated by VANK Technologies LLC, a company incorporated under the laws of the State of Delaware, United States ("VANK", "we"). VANK Technologies LLC is the entity that provides the service and contracts directly with you.

1.2. VANK operates the Platform under license from its affiliates, holders of the intellectual property. The user contracts exclusively with VANK Technologies LLC; no affiliate or group company is a counterparty to these Terms.

1.3. To enable, process or provide certain services, VANK relies on regulated or authorized partners and providers, depending on country, product and availability. Such partners act as providers of VANK and not as your counterparty, unless a specific service requires you to accept additional terms of a partner, which will be communicated to you in advance.

2. What VANK is and is not

2.1. What it is. VANK is a multi-currency financial technology platform that lets companies and individuals collect, convert and pay across countries from a single operation.

2.2. What it is not. VANK is not a bank, does not take deposits from the public, does not offer banking products, does not grant credit and does not pay yields, interest or returns for holding funds. The Platform is a technological tool that orders, routes and provides traceability to operations executed through authorized partners and providers.

2.3. Nature of the service. Some payment, collection, conversion, custody or settlement services may be enabled, processed or provided by regulated partners or authorized providers, depending on country, product and availability. VANK does not guarantee the provision of third-party services beyond what it reasonably controls.

3. Definitions

• Account: the User's registration on the Platform.
• User / you: natural or legal person who uses the Platform.
• Partner / Provider: regulated or authorized third party that enables, processes or provides a service.
• User Funds: resources associated with the User's operation, held through authorized partners or providers.
• Stablecoin: digital asset referenced to a fiat currency (e.g., USDC, USDT), used by the Platform as an operational rail for conversion and settlement.
• Operation: collection, conversion or payment carried out through the Platform.

4. Eligibility and registration

4.1. To use VANK you must (a) be of legal age and have legal capacity; or (b) act on behalf of a company with sufficient powers.

4.2. You undertake to provide truthful, complete and up-to-date information, and to keep it current. False or outdated information may lead to the suspension or termination of the Account.

4.3. VANK may reject, condition or limit the registration or access of any User, at its reasonable discretion, especially for reasons of compliance, risk or geographic availability of the service.

5. Identity verification (KYC / KYB)

5.1. Opening and maintaining the Account are subject to identity (KYC) and business (KYB) verification processes, carried out by VANK or by specialized partners/providers.

5.2. You may be required to provide documents, source-of-funds information, ultimate beneficial owners and additional data at any time. Refusal or the inability to verify you may prevent, suspend or terminate use of the Platform.

6. User Funds

6.1. User Funds do not constitute deposits or fundraising, do not generate interest or yields, and are not covered by deposit insurance from any guarantee scheme.

6.2. User Funds are held and moved through authorized partners and providers, in accordance with the regulation applicable to each. VANK does not hold funds under its own banking license.

6.3. VANK seeks, to the extent it reasonably controls through its partners, for User Funds to be kept separate from VANK's own resources.

7. Stablecoins as an operational rail

7.1. Operational use. The Platform may use stablecoins referenced to fiat currency, including but not limited to USDC or USDT, exclusively as an operational rail for conversion, settlement, balance availability and the movement of value between currencies, countries and financial systems, subject to the availability of the product, country, network and applicable provider.

7.2. No investment or speculation. VANK does not offer speculative buying and selling of crypto-assets, does not offer digital assets for investment purposes, does not provide trading services, does not perform portfolio management, does not offer investment advice, does not pay interest, yields or returns for holding stablecoins, and does not provide services to Users whose main activity is the trading, exchange or speculative intermediation of crypto-assets.

7.3. Availability and third parties. The use of stablecoins is subject to the availability of partners, providers, issuers, blockchain networks, jurisdictions, compliance controls and applicable regulation. VANK does not control the public networks on which stablecoins operate, nor the decisions, policies, reserves, redemption processes, blocks, freezes or restrictions applied by issuers, networks, providers, authorities or third parties.

7.4. Risks. The User acknowledges that the use of stablecoins may be subject to technological, operational, regulatory, liquidity, network, issuer, temporary loss-of-peg, congestion, irreversibility, address/network error, cybersecurity, authority/provider blocking and service-availability risks. VANK does not guarantee that a stablecoin will maintain its peg, availability, liquidity or redeemability at all times.

7.5. Irreversibility and transaction data. Certain stablecoin operations may be irreversible once confirmed. The User is responsible for carefully reviewing the network, address, amount, beneficiary and other relevant data before confirming an Operation. VANK may reject, delay, suspend or condition an Operation where there are reasons of compliance, security, risk, operational error or a requirement of a partner, provider or authority.

7.6. Compliance. Any operation involving stablecoins will be subject to verification, transaction monitoring, counterparty screening, source-and-destination-of-funds analysis, on-chain traceability and other compliance controls that VANK or its partners deem necessary.

8. Operations: rates, conversion and timelines

8.1. Before confirming an Operation, the Platform shows you the relevant available information: the applicable rate, the cost and the estimated final amount. By confirming, you accept those conditions.

8.2. Conversion rates may vary due to market conditions and the partner that executes the Operation. Once confirmed, the Operation may be irreversible.

8.3. Settlement timelines depend on the rails, countries, partners and providers involved, as well as compliance validations. VANK does not guarantee exact times when they depend on third parties or infrastructure it does not control.

9. Fees

9.1. Applicable fees are disclosed on the Platform, in your commercial proposal or before confirming each Operation, as the case may be. By using a service you accept the corresponding fee.

9.2. Unless a mandatory legal provision states otherwise, fees already incurred are non-refundable, even if the Account is subsequently suspended or terminated.

9.3. VANK may modify its fees by giving you reasonable advance notice through the Platform or by email.

10. User obligations

You undertake to: (a) use the Platform in accordance with the law and these Terms; (b) not use it for prohibited activities (Section 11); (c) keep your credentials secure; (d) provide compliance information when requested; and (e) be responsible for the Operations made from your Account.

11. Prohibited activities

11.1. You may not use VANK for, or in connection with: money laundering or terrorist financing; fraud; sanctions evasion; operations with sanctioned persons or jurisdictions; illegal activities; pyramid or Ponzi schemes; unauthorized gambling; sale of illicit goods or services; trading or exchange of crypto-assets as a main activity; or any activity that VANK or its partners reasonably consider to be high regulatory risk.

11.2. Breach of this section entitles VANK to suspend or terminate the Account immediately and to report to the authorities where applicable.

12. Compliance, monitoring and sanctions

12.1. VANK and its partners apply anti-money-laundering, counter-terrorist-financing and sanctions-compliance controls. VANK may monitor, validate, delay, reject or reverse Operations for compliance reasons.

12.2. VANK may require additional information, report operations to the competent authorities and refrain from informing you where the law so requires.

13. Reserves, holds and set-off

13.1. For objective reasons of risk, compliance, chargebacks, disputes or negative balances, VANK may, to the extent it reasonably controls through its partners, set up a reserve, temporarily withhold funds associated with your Operation, or set off amounts you owe it.

13.2. These measures are applied for objective reasons, for the reasonably necessary time and seeking to affect the minimum indispensable part of your operation. VANK will inform you where the law permits.

14. Suspension and restriction

14.1. VANK may suspend or restrict access to the Platform or to certain services for objective reasons of risk, compliance, security, breach of these Terms or a partner/authority requirement.

14.2. Suspension of access is distinct from the disposition of funds: except for an authority order, a compliance requirement or an objective risk cause, suspension of access is not intended to deprive you of funds that legitimately belong to you, which will be managed in accordance with the partners' processes.

15. Termination

15.1. You may terminate your relationship with VANK at any time, subject to the settlement of pending Operations and compliance obligations.

15.2. VANK may terminate or not renew the relationship by giving you reasonable advance notice, or immediately for reasons of compliance, risk, fraud, prohibited activity or legal requirement.

15.3. Upon termination, provisions that by their nature must survive (intellectual property, limitation of liability, indemnity, applicable law and dispute resolution) remain in force.

16. Intellectual property and license of use

16.1. The Platform, the software, the "VANK" brand, logos, designs, texts and other content are the property of VANK Technologies LLC and/or its affiliates and are protected by law.

16.2. VANK grants you a limited, personal, non-exclusive, non-transferable and revocable license to use the Platform in accordance with these Terms. You acquire no ownership right over the Platform.

16.3. You may not copy, modify, decompile, reverse-engineer, resell or exploit the Platform or its content without VANK's written authorization.

17. Privacy and electronic consent

17.1. The processing of personal data is governed by the Privacy Policy, which is an integral part of these Terms.

17.2. By accepting these Terms, you grant your consent to contract and receive documents by electronic means, in accordance with the Electronic Consent document.

18. Limitation of liability

18.1. The Platform is provided "as is" and "as available". To the maximum extent permitted by law, VANK is not liable for indirect, incidental, special, punitive or consequential damages or loss of profit.

18.2. VANK is not liable for events, delays, failures or breaches attributable to partners, providers, networks, third-party systems or authorities, beyond what it reasonably controls.

18.3. Nothing in these Terms excludes liabilities that mandatory law does not allow to be excluded, especially towards consumers.

19. Indemnity

You undertake to hold VANK Technologies LLC and its affiliates harmless against claims, losses or expenses arising from (a) your breach of these Terms, (b) your misuse of the Platform, or (c) the violation of third-party rights or the law.

20. User representations

You represent that: (a) the information you provide is truthful; (b) the funds you operate have a lawful origin; (c) you are not included on sanctions lists; and (d) you comply with the regulation applicable to you.

21. Amendments

VANK may amend these Terms by notifying you through the Platform or by email with reasonable advance notice. Continued use after they take effect implies acceptance. If you do not agree, you must stop using the Platform.

22. Governing law and dispute resolution

22.1. These Terms are governed by the laws of the State of Delaware, United States, without prejudice to the mandatory and non-waivable rights granted to the User as a consumer by the law of their country of residence.

22.2. Disputes not resolved directly and in good faith shall be submitted to confidential and binding arbitration administered by the International Centre for Dispute Resolution (ICDR), the international division of the American Arbitration Association (AAA), under its rules in force. The seat of arbitration shall be Delaware, United States; the arbitration shall be individual and conducted in Spanish, unless the parties agree on another language. The foregoing applies unless the mandatory law of the User's country of residence provides for a different forum.

22.3. Where the law applicable to the User does not permit waiving class actions or certain forums (e.g., consumers in Colombia), those rights are preserved and prevail over this clause.

23. Assignment

You may not assign your rights or obligations without VANK's written authorization. VANK may assign them to an affiliate or through corporate reorganization, without affecting your rights.

24. Miscellaneous

24.1. Notices: VANK notifies you through the Platform or at the registered email. You notify VANK at legal@vank.co.

24.2. Severability: if a clause is invalid, the others remain in force.

24.3. Entire agreement: these Terms, together with the Privacy Policy, the Cookie Policy and the Electronic Consent, constitute the entire agreement between the parties.

24.4. No waiver: the non-enforcement of a clause does not imply a waiver of it.