Terms and Conditions
1. Introduction
These Terms and Conditions ("Terms") govern the use of the INA Protocol platform ("Platform"), operated by INA ("we," "us," or "our"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Platform.
2. Definitions
"INA Protocol" refers to the stablecoin-powered marketplace that facilitates the buying and selling of credit products globally.
"User" or "you" refers to any individual or entity accessing or using the Platform.
"Investor" refers to buy-side participants, including international investors, both retail and institutional.
"Credit Originator" or "Credit Manager" or “Credit Facilitators” refers to sell-side entities, such as tokenizers, securitizers, and established credit funds looking for capital.
"Credit Products" refer to the various investment opportunities offered on the Platform, including but not limited to Private Credit in Agriculture, Private Credit in Credit Card Receivables, Tokenized Credit Funds (FIDC), Brazilian Sovereign Bonds, and Structured Products.
3. Platform Description
INA Protocol is a decentralized marketplace that connects international investors with a diverse range of short and mid-term Brazilian credit opportunities. The Platform leverages blockchain technology and stablecoins to create a secure, efficient, and transparent environment for trading credit products.
4. Eligibility
To use the INA Services, you must be at least 18 years old and capable of entering into a legally binding agreement. By using the Services, you represent and warrant that you meet these requirements.
5. User Registration and Accounts
5.1. To access certain features and Credit Products of the Platform, you may be required to register for an account and complete KYC/AML.
5.2. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
5.3. You are responsible for safeguarding your account credentials and for any activities or actions under your account.
5.4. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
5.5. KYC/AML Compliance: Users must complete Know Your Customer (KYC) and Anti-Money Laundering (AML) procedures to ensure compliance with applicable laws. Institutional investors may require additional verification.
6. Investor Obligations
6.1. As an Investor, you acknowledge that investing in Credit Products involves risks, and you agree to conduct your own due diligence before making any investment decisions.
6.2. You represent and warrant that you have the necessary knowledge and experience to make informed investment decisions and understand the risks associated with the Credit Products offered on the Platform.
6.3. You agree to comply with all applicable laws and regulations regarding investments and cross-border transactions.
7. Credit Originator and Manager Obligations
7.1. As a Credit Facilitator, you agree to provide accurate and complete information about the Credit Products you offer on the Platform.
7.2. You represent and warrant that you have the necessary licenses, permissions, and authority to offer and sell the Credit Products on the Platform.
7.3. You agree to comply with all applicable laws and regulations regarding credit origination, securitization, and the sale of financial products.
8. Platform Use and Conduct
8.1. You agree to use the Platform only for lawful purposes and in accordance with these Terms.
8.2. You agree not to use the Platform:
a) In any way that violates any applicable federal, state, local, or international law or regulation.
b) To transmit any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
c) To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
d) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm the Company or users of the Platform or expose them to liability.
9. Fees and Charges
INA may charge fees for certain Services. Any applicable fees and their calculation methods will be disclosed to users through our platform. Users are responsible for any fees associated with their use of INA Services.
10. Intellectual Property Rights
10.1. The Platform and its entire contents, features, and functionality are owned by the Company, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
10.2. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as incidental to normal web browsing or as expressly permitted in writing by the Company.
11. Privacy and Data Protection
11.1. Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
12. Disclaimers
12.1. The Platform is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied.
12.2. We work hard to guarantee the accuracy, completeness, or usefulness of any information on the Platform or any Credit Products offered. However, ultimately it’s the responsibility of the Credit Facilitator that we onboard to INA.
13. Limitation of Liability
13.1. To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:
a) Your access to or use of or inability to access or use the Platform.
b) Any conduct or content of any third party on the Platform.
c) Any content obtained from the Platform.
d) Unauthorized access, use, or alteration of your transmissions or content.
14. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Platform.
15. Governing Law and Jurisdiction
These Terms and your use of the Platform shall be governed by and construed in accordance with the laws of Brazil, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms or your use of the Platform shall be exclusively brought in the courts located in Brazil, and you hereby consent to the personal jurisdiction of such courts.
16. Changes to Terms and Conditions
We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
17. Contact Information
If you have any questions about these Terms, please contact us at contact@credit.markets.
By using the INA Protocol platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
Last updated: September 10th, 2024
Last updated