TERMOS DE SERVIÇO SOFTWRAP BANK
Estes Termos de Uso regem a relação entre você e a SoftWrap
Participações S.A 31.544.347/0001-29 e suas afiliadas
(coletivamente "
SoftWrap Bank
," "
nós
," ou "
nós
"), referentes ao uso (incluindo qualquer acesso) dos serviços
bancários e financeiros que disponibilizamos em nosso
site
(o "
Site
") ou em nosso aplicativo móvel (o "
Aplicativo
," juntamente com o Site e os serviços bancários e financeiros,
coletivamente os "
Serviços
"). Ao acessar ou usar nossos Serviços, ou manifestar sua
concordância com estes Termos de Uso (o "
Acordo
"), você declara que leu, compreendeu e concorda com o Acordo,
bem como com a coleta, armazenamento, uso e divulgação de suas
informações pessoais, conforme descrito na
Política de Privacidade
localizada em:
https://softwrapbank.com/company/privacy-policy. Além disso, ao enviar sua solicitação para abrir uma
Conta
conosco, você declara que leu, compreendeu e concorda em ficar
vinculado ao
Contrato de Conta de Depósito
e/ou ao Acordo do Titular do Cartão de Débito, conforme
aplicável, dos provedores de serviços bancários para sua conta.
Você também concorda em receber eletronicamente todos os avisos
e outras comunicações de nossa parte. O SWbank se reserva o
direito de fazer modificações unilaterais nestes termos e
fornecerá aviso dessas alterações ao publicar uma versão
atualizada
aqui.
"Empresa"
ou
"você"
se refere à entidade jurídica que está solicitando ou que abriu
uma Conta para usar os Serviços e à pessoa que está solicitando
a Conta. Se você é a pessoa que está solicitando a Conta, você
declara e garante que é um representante autorizado da Empresa
com autoridade para vincular a Empresa a este Acordo ("
Administrador
"), e concorda com este Acordo em nome da Empresa.
LEIA ATENTAMENTE ESTE ACORDO PARA GARANTIR QUE VOCÊ ENTENDE CADA
DISPOSIÇÃO. ESTE ACORDO CONTÉM UMA DISPOSIÇÃO OBRIGATÓRIA DE
ARBITRAGEM INDIVIDUAL E RENÚNCIA A AÇÕES COLETIVAS/JÚRI QUE
REQUER O USO DE ARBITRAGEM EM UMA BASE INDIVIDUAL PARA RESOLVER
DISPUTAS, EM VEZ DE JULGAMENTOS POR JÚRI OU AÇÕES COLETIVAS.
1. Utilização dos Serviços
Elegibilidade.
Este é um contrato entre você e o SWbank. Você deve ler e
concordar com estes termos antes de usar os Serviços. Se você
não concordar, não poderá usar os Serviços. Você só pode
solicitar uma Conta e usar os Serviços aplicáveis sob essa Conta
se for uma entidade legal formada e registrada nos Estados
Unidos e puder firmar um contrato vinculativo com o SWbank.
Consumidores individuais e empresas organizadas e registradas
fora dos Estados Unidos não têm permissão para usar ou tentar
abrir ou usar uma Conta ou os Serviços. Você só pode usar os
Serviços em conformidade com este Acordo e todas as leis, regras
e regulamentos locais, estaduais, nacionais e internacionais
aplicáveis. Qualquer uso ou acesso aos Serviços para fins de
consumo ou não comerciais ou por qualquer pessoa que não seja
seu funcionário, contratado, agente ou outra pessoa autorizada a
usar sua Conta em seu nome ("
Do utilizador
") é estritamente proibido e viola este Acordo.
Solicitando uma conta.
Sua Conta concede acesso a certos Serviços, à conta de depósito
à vista ("
Conta de deposito
") e cartões de débito ("
Cartões
") fornecidos por um de nossos provedores de instituições
financeiras (cada um "
Provedor bancário
") e a qualquer outra funcionalidade que possamos estabelecer e
manter de tempos em tempos e a nosso exclusivo critério. Você
precisará fornecer informações da Empresa e certas informações
pessoais (coletivamente,
"Informações da Empresa
") ao solicitar uma Conta. As informações da Empresa podem
incluir o nome comercial registrado e estado de incorporação, o
endereço comercial, detalhes de propriedade, a natureza do
negócio e outras informações comerciais que possamos solicitar
de tempos em tempos; o nome, informações de contato e data de
nascimento de Administradores, Utilizadores ou proprietários
benéficos e outras informações pessoais; e um certificado de
registro da empresa, comprovante de endereço, identificação
pessoal e qualquer outra informação documental usada para
verificar informações comerciais e pessoais. Você reconhece que
obteve ou obterá o consentimento apropriado e a autorização de
qualquer pessoa cujas informações pessoais você fornecer antes
de compartilhar esses dados conosco.
Fornecemos Informações da Empresa aos nossos Provedores
Bancários e outros prestadores de serviços terceirizados para
determinar sua elegibilidade para acessar determinados Serviços.
Dependemos da precisão das Informações da Empresa que você nos
fornece ao abrir e manter sua Conta. Podemos negar sua
solicitação, suspender a prestação de tais Serviços a você ou
fechar sua Conta se as Informações da Empresa estiverem
desatualizadas, incompletas ou imprecisas.
Gerenciamento e segurança de contas.
Você deve especificar pelo menos um Administrador para gerenciar
sua Conta ao enviar sua solicitação. Administradores podem
adicionar, remover ou gerenciar Administradores e Utilizadores
adicionais; solicitar e gerenciar Cartões para Utilizadores;,
visualizar transações e executar relatórios; fornecer ou
atualizar Informações da Empresa; conectar serviços de terceiros
e outras contas à sua Conta; e realizar outras tarefas para
gerenciar sua Conta. Você é responsável por quaisquer ações ou
omissões por parte de Administradores ou Utilizadores, ou
aqueles que usam suas credenciais para acessar sua Conta. Você é
o único responsável pela atividade que ocorre em sua Conta e
deve manter sua senha de Conta segura. Recomendamos o uso de
senhas "fortes" (para recomendações sobre o que constitui uma
senha forte, consulte o National Institute of Standards and
Technology (NIST)) com sua Conta. Você deve notificar
imediatamente o SWbank sobre qualquer violação de segurança ou
uso não autorizado de sua Conta. O SWbank não será responsável
por quaisquer perdas causadas por qualquer uso não autorizado de
sua Conta. Podemos suspender o acesso à sua Conta se
acreditarmos que sua Conta foi comprometida. Sua Conta é de
natureza comercial, e você reconhece e entende que certas leis
de proteção ao consumidor (incluindo a Lei de Transferência
Eletrônica de Fundos ou Regulamento E) e regras específicas para
consumidores (incluindo regras da NACHA específicas para
consumidores) não se aplicam a transações em sua Conta ou seu
uso dos Serviços.
Taxas.
Podemos cobrar taxas por alguns Serviços, incluindo taxas
periódicas, taxas de uso, taxas de serviço e taxas aplicáveis a
determinadas transações. Também podemos cobrar taxas por
pagamentos atrasados ou falhados, ou uso indevido de sua Conta
ou dos Serviços. Vamos divulgar as taxas a você ao abrir sua
Conta, quando você começar a usar um novo Serviço ou através do
Site. Podemos atualizar, adicionar ou alterar taxas mediante
aviso prévio de 30 dias a você. Quaisquer taxas acumuladas ou
incorridas serão refletidas em seus extratos.
Proibições.
Você concorda que não irá: (a) usar a Conta ou os Serviços para
qualquer finalidade que seja ilegal ou proibida por este Acordo;
(b) usar a Conta ou os Serviços para qualquer uso pessoal,
familiar, doméstico ou outro que não esteja relacionado ao
propósito comercial da Empresa; (c) usar a Conta ou os Serviços
em benefício de uma pessoa, organização, país ou jurisdição
bloqueados ou sancionados pelos Estados Unidos, incluindo
aqueles identificados em quaisquer listas mantidas pelo
Escritório de Controle de Ativos Estrangeiros (OFAC) do
Departamento do Tesouro dos EUA ou pelo Departamento de Estado
dos EUA; (d) usar a Conta ou os Serviços para terceiros não
afiliados à Empresa; (e) usar a Conta ou os Serviços para
coletar pesquisas de mercado para um negócio concorrente; (f) se
passar por qualquer pessoa ou entidade ou declarar falsamente ou
de outra forma representar sua afiliação com uma pessoa ou
entidade; (g) interferir ou tentar interromper o funcionamento
adequado dos Serviços através do uso de qualquer vírus,
dispositivo, mecanismo de coleta ou transmissão de informações,
software ou rotina, ou acessar ou tentar acessar qualquer PI da
SWbank, dados, arquivos ou senhas relacionados aos Serviços
através de hacking, mineração de senhas ou dados, ou qualquer
outro meio; (h) descompilar, inverter a engenharia ou desmontar
qualquer software ou outros produtos ou processos acessíveis
através dos Serviços; (i) contornar, remover, alterar,
desativar, degradar ou impedir as proteções de conteúdo nos
Serviços; (j) usar qualquer robô, spider, scraper ou outro meio
automatizado para acessar os Serviços para qualquer finalidade
sem nossa permissão expressa por escrito; no entanto, concedemos
permissão aos operadores de mecanismos de busca públicos para
usar spiders para copiar materiais das partes públicas dos
Serviços com o único propósito e somente na medida necessária
para criar índices pesquisáveis publicamente disponíveis dos
materiais, mas não caches ou arquivos de tais materiais; e (k)
tomar qualquer ação que imponha ou possa impor (a nosso
exclusivo critério) uma carga irrazoável ou desproporcionalmente
grande em nossa infraestrutura técnica.
2. Nossos direitos de propriedade
Subject to the terms and conditions of this Agreement, you are
hereby granted a non-exclusive, limited, non-transferable,
freely revocable license to use the Services. SWbank reserves
all rights not expressly granted herein in the Services and the
SWbank IP (as defined below). SWbank may terminate this license
at any time for any reason or no reason. The Services and all
materials therein or transferred thereby, including, without
limitation, software, images, text, graphics, illustrations,
logos, patents, trademarks, service marks, copyrights,
photographs, audio, videos, music, and User Content belonging to
other Users (the "
IP do SoftWrap Bank
"), and all Intellectual Property Rights related thereto, are
the exclusive property of SWbank and its licensors. Except as
explicitly provided herein, nothing in this Agreement shall be
deemed to create a license in or under any such Intellectual
Property Rights, and you agree not to sell, license, rent,
modify, distribute, copy, reproduce, transmit, publicly display,
publicly perform, publish, adapt, edit or create derivative
works from any SWbank IP. Use of the SWbank IP for any purpose
not expressly permitted by this Agreement is strictly
prohibited.
You may choose to, or we may invite you to, submit comments or
ideas about the Services, including without limitation about how
to improve the Services or our products ("
Opinião
"). By submitting any Feedback, you agree that your disclosure
is gratuitous, unsolicited and without restriction, and will not
place SWbank under any fiduciary or other obligation, and that
we are free to use your Feedback without any additional
compensation to you, or to disclose your Feedback on a
non-confidential basis or otherwise to anyone. You further
acknowledge that, by acceptance of your submission, SWbank does
not waive any rights to use similar or related ideas previously
known to SWbank, or developed by its employees, or obtained from
sources other than you.
For the purposes of this Agreement, "
Direito de propriedade intelectual
" means all patent rights, copyright rights, mask work rights,
moral rights, rights of publicity, trademark, trade dress and
service mark rights, goodwill, trade secret rights and other
intellectual property rights as may now exist or hereafter come
into existence, and all applications therefore and
registrations, renewals and extensions thereof, under the laws
of any state, country, territory or other jurisdiction.
3. Dados e privacidade do site
Ao utilizar os Serviços, você concede ao SWbank uma licença não
exclusiva e isenta de royalties durante o período para coletar,
usar, divulgar, combinar, transmitir, formatar e exibir
Informações da Empresa, informações pessoais e qualquer outra
informação enviada pela Empresa por meio dos Serviços
(coletivamente, "
Conteúdo do usuário
"), para os fins fornecidos na Política de Privacidade
disponível em:
https://softwrapbank.com/privacy-policy.
Além disso, você concede ao SWbank o direito de agregar os dados
que coletamos do seu uso dos Serviços ("
Dados do site
") e usar tais Dados do Site para nossos fins comerciais. Você
também reconhece e concorda que, ao usar os Serviços, o Conteúdo
do Usuário e os Dados do Site serão coletados, usados,
transferidos e processados nos Estados Unidos. O SWbank utiliza
salvaguardas físicas, gerenciais e técnicas comercialmente
razoáveis para preservar a integridade e segurança de suas
Informações da Empresa e implementar suas configurações de
privacidade. No entanto, não podemos garantir que terceiros não
autorizados nunca serão capazes de derrotar nossas medidas de
segurança e usar o Conteúdo do Usuário para propósitos
impróprios. Você reconhece que fornece o Conteúdo do Usuário por
sua própria conta e risco. Seu uso da Conta de Depósito e
Cartões está sujeito às políticas de privacidade e termos de uso
de nossos Provedores Bancários.
4. Links e informações de terceiros
The Services may contain links to third-party materials that are
not owned or controlled by SWbank. SWbank does not endorse or
assume any responsibility for any such third-party services,
information, materials, products, or Services. If you access a
third-party website, application or service from the Services,
you do so at your own risk, and you understand that this
Agreement and SWbank’s Privacy Policy do not apply to your use
of such third-party services. You expressly relieve SWbank from
any and all liability arising from your use of any third-party
websites, applications, services, or content.
5. Declarações e Garantias; Indenização
Representações e garantias.
You hereby represent, warrant, and covenant that:
- You are a business entity that is organized, registered, and
located in the United States;
- You have a valid U.S. Employer Identification Number (EIN);
- You are validly existing and in good standing in your
jurisdiction of organization;
- All information you provide to us is and will be current,
accurate, and complete;
- You will use your Account exclusively for business purposes
and not for any personal, family, or household use;
- You have reviewed this Agreement and the terms, agreements, or
policies incorporated by reference;
- You own or have the necessary licenses, rights, consents, and
permissions to all trademark, trade secret, copyright, or other
proprietary, privacy, and publicity rights in and to your User
Content and any other works that you incorporate into your User
Content, and all the rights necessary to grant the licenses and
permissions you grant hereunder; and
- You are a business entity that is organized, registered, and
located in the United States.
Use of User Content in the manners contemplated in this
Agreement shall not violate or misappropriate the intellectual
property, privacy, publicity, contractual, or other rights of
any third party.
Indenização.
You agree to defend, indemnify and hold harmless SWbank and its
subsidiaries, agents, licensors, managers, and other affiliated
companies, and their employees, contractors, agents, officers
and directors, our Banking Providers, and our third-party
service providers, from and against any and all third-party
claims, damages, obligations, losses, liabilities, costs or
debt, and expenses (including but not limited to attorney’s
fees) arising out of, related to, or resulting from : (a) your
use of and access to the Services, including any data or content
transmitted or received by you; (b) your violation of any term
of this Agreement, including without limitation your breach of
any of the representations and warranties above; (c) your
violation of any third-party right, including without limitation
any right of privacy or Intellectual Property Rights; (d) your
violation of any applicable law, rule or regulation; (e) your
intentional misconduct; or (f) any other party’s access and use
of the Services with your username, password or other
appropriate security code.
6. Sem garantia
The services are provided on an "As is" and "As available"
basis. Use of the services is at your own risk. To the maximum
extent permitted by applicable law, the services are provided
without warranties of any kind, whether express or implied,
including, but not limited to, implied warranties of
merchantability, fitness for a particular purpose, or
non-infringement. No advice or information, whether oral or
written, obtained by you from SWbank or through the services
will create any warranty not expressly stated herein. Without
limiting the foregoing, SWbank, its subsidiaries, its
affiliates, and its licensors do not warrant that the
information provided to you through the services is accurate,
reliable, or correct; that the services will meet your
requirements or are suitable or fit for the purpose; that the
services will be available at any particular time or location,
uninterrupted or secure; that any defects or errors will be
corrected; or that the services are free of viruses or other
harmful components. Any content downloaded or otherwise obtained
through the use of the services is downloaded at your own risk
and you will be solely responsible for any damage to your
computer system or mobile device or loss of data that results
from such download or your use of the services.SWbank does not
warrant, endorse, guarantee, or assume responsibility for any
product or service offered by a third party through the services
or any hyperlinked website or service, and SWbank will not be a
party to or in any way monitor any transaction between you and
third-party providers of products or services.
SWbank does not warrant, endorse, guarantee, or assume
responsibility for any product or service offered by a third
party through the services or any hyperlinked website or
service, and winden will not be a party to or in any way monitor
any transaction between you and third-party providers of
products or services.
7. Limitação de Responsabilidade
To the maximum extent permitted by applicable law, in no event
shall SWbank, its affiliates, agents, directors, employees,
suppliers, or licensors be liable for any indirect, punitive,
incidental, special, consequential or exemplary damages,
including without limitation damages for loss of profits,
goodwill, use, data or other intangible losses, arising out of
or relating to the use of, or inability to use, the services.
Under no circumstances will SWbank be responsible for any
damage, loss, or injury resulting from hacking, tampering, or
other unauthorized access or use of the services or your account
or the information contained therein.
To the maximum extent permitted by applicable law, SWbank
assumes no liability or responsibility for any (I) errors,
mistakes, or inaccuracies of content; (ii) personal injury or
property damage, of any nature whatsoever, resulting from your
access to or use of our services; (iii) any unauthorized access
to or use of our secure servers and/or any and all personal
information stored therein; (iv) any interruption or cessation
of transmission to or from the services; (v) any bugs, viruses,
trojan horses, or the like that may be transmitted to or through
our services by any third party; (vi) any errors or omissions in
any content or for any loss or damage incurred as a result of
the use of any content posted, emailed, transmitted, or
otherwise made available through the services; and/or (vii) user
content or the defamatory, offensive, or illegal conduct of any
third party. In no event shall SWbank, its affiliates, agents,
directors, employees, suppliers, or licensors be liable to you
for any claims, proceedings, liabilities, obligations, damages,
losses, or costs in an amount exceeding $100.00.
This limitation of liability section applies whether the alleged
liability is based on contract, tort, negligence, strict
liability, or any other basis, even if SWbank has been advised
of the possibility of such damage. The foregoing limitation of
liability shall apply to the fullest extent permitted by law in
the applicable jurisdiction.
8. Prazo e Rescisão
This Agreement is effective when you start using our Services
and continues until terminated by either you or us, or in
accordance with the Banking Provider Agreements or as otherwise
set forth in this Agreement (the "
Prazo
"). You may terminate this Agreement by paying all amounts you
owe and providing notice to us; except that you will still be
responsible for any charges, fees, fines, and other losses
caused by your action or inaction prior to terminating this
Agreement. We may terminate this Agreement, or suspend your
Account, at any time for any reason by providing you notice.
9. Mudanças
This Agreement is effective as of the Last Modified date stated
at the top. We may change this Agreement from time to time. Any
such changes will be posted on the Site. By accessing the
Services after we make any such changes to this Agreement, you
are deemed to have accepted such changes. Please refer back to
this Agreement on a regular basis.
We may add Services or modify existing Services at any time.
Some of these Services will be subject to additional terms. You
acknowledge and understand that in order to use certain
Services, you must agree to the additional terms that we will
provide separately from this Agreement, and which will be
incorporated by reference and form a part of this Agreement.
We do not guarantee that each of the Services will always be
offered to you, that they will be available to you, or that you
will qualify or be able to utilize any particular Service.
Services will change from time to time, and certain Services may
be discontinued or others may be added.
10. Lei Aplicável, Arbitragem e Isenção de Ação Coletiva/Julgamento com Júri
Lei Aplicável.
You agree that:
(i) the Services shall be deemed solely based in California; and
(ii) the Services shall be deemed passive ones that do not give
rise to personal jurisdiction over us, either specific or
general, in jurisdictions other than California. This Agreement
shall be governed by the internal substantive laws of the State
of California, without respect to its conflict of laws
principles. The parties acknowledge that this Agreement
evidences a transaction involving interstate commerce.
Notwithstanding the preceding sentences with respect to the
substantive law, any arbitration conducted pursuant to the terms
of this Agreement shall be governed by the Federal Arbitration
Act (9 U.S.C. §§ 1-16). You agree to submit to the personal
jurisdiction of the federal and state courts located in Los
Angeles County, California for any actions for which we retain
the right to seek injunctive or other equitable relief in a
court of competent jurisdiction to prevent the actual or
threatened infringement, misappropriation or violation of our
copyrights, trademarks, trade secrets, patents, or other
intellectual property or proprietary rights, as set forth in the
Arbitration provision below, including any provisional relief
required to prevent irreparable harm. Subject to Section 10B,
you agree that the federal or state courts located in Los
Angeles County, California is the proper forum for any appeals
of an arbitration award or for trial court proceedings in the
event that the Arbitration provision below is found to be
unenforceable.
Arbitragem.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO
ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN
SEEK RELIEF FROM WINDEN.
For any claim, dispute, or controversy with SWbank (a "Claim"),
you agree to first contact us at
help@softwrapbank.com
and attempt to resolve the dispute with us informally. In the
unlikely event that SWbank has not been able to resolve a
dispute it has with you after sixty (60) days, such dispute will
be finally and exclusively resolved by binding arbitration
governed by the Federal Arbitration Act ("FAA"). Any election to
arbitrate, at any time, shall be final and binding on the other
party.
NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN
COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS
CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT
SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S
JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY
AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION.
All disputes will be resolved before a neutral arbitrator
selected jointly by the parties, whose decision will be final,
except for a limited right of appeal under the FAA. The
arbitration shall be commenced and conducted by JAMS pursuant to
its then current Comprehensive Arbitration Rules and Procedures
and in accordance with the Expedited Procedures in those rules,
or, where appropriate, pursuant to JAMS’ Streamlined Arbitration
Rules and Procedures. All applicable JAMS’ rules and procedures
are available at the JAMS website
www.jamsadr.com
. Each party will be responsible for paying any JAMS filing,
administrative, and arbitrator fees in accordance with JAMS
rules. Judgment on the arbitrator’s award may be entered in any
court having jurisdiction. This clause shall not preclude
parties from seeking provisional remedies in aid of arbitration
from a court of appropriate jurisdiction. The arbitration may be
conducted in person, through the submission of documents, by
phone, or online. If conducted in person, the arbitration shall
take place in the United States county where you reside. The
parties may litigate in court to compel arbitration, to stay a
proceeding pending arbitration, or to confirm, modify, vacate,
or enter judgment on the award entered by the arbitrator. The
parties shall cooperate in good faith in the voluntary and
informal exchange of all non-privileged documents and other
information (including electronically stored information)
relevant to the Claim immediately after commencement of the
arbitration. Nothing in this Section shall be deemed as
preventing either party from seeking injunctive or other
equitable relief from the courts as necessary to prevent the
actual or threatened infringement, misappropriation, or
violation of its data security, Intellectual Property Rights or
other proprietary rights. Proceedings and information related to
them will be maintained as confidential, including the nature
and details of the Claim, evidence produced, testimony given,
and the outcome of the Claim, unless such information was
already in the public domain or was independently obtained.
Company and SWbank, and all witnesses, advisors, and arbitrators
will only share such information as necessary to prepare for or
conduct arbitration or other legal proceeding, or enforcement of
the outcome, unless additional disclosure is required by law.
Renúncia à Ação Coletiva.
You agree that any arbitration or proceeding shall be limited to
the Claims between us and you individually. To the full extent
permitted by law, (i) no arbitration or proceeding shall be
joined with any other; (ii) there is no right or authority for
any Claim to be arbitrated or resolved on a class action-basis
or to utilize class action procedures; and (iii) there is no
right or authority for any Claim to be brought in a purported
representative capacity on behalf of the general public or any
other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US
ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
11. Baixando o aplicativo
We make the App available through the Google Play Store or Apple
App Store. The following terms apply to the App when accessed
through or downloaded from the Apple App Store where the App may
now or in the future be made available.
You acknowledge and agree that:
These Terms of Use are between you and SWbank, and not with
Apple, and SWbank (not Apple) is solely responsible for the App.
Apple has no obligation to furnish any maintenance and support
services with respect to the App.
- In the event of any failure of the App to conform to any
applicable warranty, you may notify Apple, and Apple will refund
the purchase price for the App to you (if applicable) and, to
the maximum extent permitted by applicable law, Apple will have
no other warranty obligation whatsoever with respect to the App.
Any other claims, losses, liabilities, damages, costs or
expenses attributable to any failure to conform to any warranty
will be the sole responsibility of SWbank.
- Apple is not responsible for addressing any claims you have or
any claims of any third party relating to the App or your
possession and use of the App, including, but not limited to:
(i) product liability claims; (ii) any claim that the App fails
to conform to any applicable legal or regulatory requirement;
and (iii) claims arising under consumer protection or similar
legislation.
- In the event of any third party claim that the App or your
possession and use of that App infringes that third party’s
intellectual property rights, SWbank will be solely responsible
for the investigation, defense, settlement and discharge of any
such intellectual property infringement claim to the extent
required by this Agreement.
- Apple and its affiliates are third-party beneficiaries of this
Agreement as related to your license to the Aps, and that, upon
your acceptance of this Agreement, Apple will have the right
(and will be deemed to have accepted the right) to enforce this
Agreement as related to your license of the App against you as a
third-party beneficiary thereof.
- You represent and warrant that (i) you are not located in a
country that is subject to a U.S. Government embargo, or that
has been designated by the U.S. Government as a
terrorist-supporting country; (ii) you are not listed on any
U.S. Government list of prohibited or restricted parties; (iii)
you are not an individual, or associated with an entity,
designated under the UK’s Terrorist Asset-Freezing etc. Act 2010
(TAFA 2010); and (iv) you are not otherwise subject to or
affected in any way by any national security or terrorism
related rules whether applicable to you personally or to your
location or other circumstances.
- You must also comply with all applicable third party terms of
service when using the App.
12. Geral
Atribuição
.
This Agreement, and any rights and licenses granted hereunder,
may not be transferred or assigned by you, but may be assigned
by SWbank without restriction. Any attempted transfer or
assignment in violation hereof shall be null and void.
Procedimentos de Notificação e Mudanças no Contrato.
You consent to us providing notices to you under this Agreement
electronically and understand that this consent has the same
legal effect as a physical signature. We will provide notices to
you electronically through your Account, and via text or SMS to
the phone numbers provided to us by Administrators and Users. If
you sign up to receive certain SWbank notifications or
information via text or SMS, you may incur additional charges
from your wireless provider for these notices. You agree that
you are solely responsible for any such charges. Notices
affecting the terms of this Agreement will be sent to
Administrators and are considered received 24 hours after they
are sent. You understand that you may not use the Services
unless you consent to receive notices from us electronically.
You may only withdraw consent to receive notices electronically
by closing your Account. Notices may include alerts about the
Services, your Account, your Card and your Deposit Account and
may provide Administrators and Users the ability to respond with
information about transactions or your Account. Administrators
and Users may disable notification preferences to limit the use
of certain Service features or to decrease financial risks to
the Company. Administrators and Users are required to maintain a
regularly updated web browser, and computer and mobile device
operating systems to receive notices correctly. Administrators
and Users will be responsible for all costs imposed by internet
or mobile service providers for sending or receiving notices
electronically. Contact us immediately at:
help@softwrapbank.com
if you are having trouble receiving notices from us. For further
information, please review our
Política de Divulgação Eletrônica
.
Contrato Integral/Divisibilidade.
This Agreement, together with any amendments and any additional
agreements you may enter into with SWbank in connection with the
Services, shall constitute the entire agreement between you and
SWbank concerning your Account and the Services. If any
provision of this Agreement is deemed invalid by a court of
competent jurisdiction, the invalidity of such provision shall
not affect the validity of the remaining provisions of this
Agreement, which shall remain in full force and effect, except
that in the event of unenforceability of the universal Class
Action/Jury Trial Waiver, the entire arbitration agreement shall
be unenforceable.
Sem renúncia.
No waiver of any term of this Agreement shall be deemed a
further or continuing waiver of such term or any other term, and
SWbank’s failure to assert any right or provision under this
Agreement shall not constitute a waiver of such right or
provision.
Ordens Jurídicas.
We may respond to and comply with any subpoenas, warrants,
liens, or any other legal order we receive related to your use
of the Services. We are not responsible to you for any losses
you incur due to our response to such legal order. We may hold
funds or provide information as required by the issuer of the
legal order or take any other actions we believe are required of
us under legal orders. Where permitted, we will provide you
reasonable notice that we have received such an order.
Sobrevivência.
Sections 1C (Account Management), 2 (Our Proprietary Rights), 3
(Site Data and Privacy), 5 (Representations and Warranties;
Indemnification), 6 (No Warranties), 7 (Limitation of
Liability), 8 (Term and Termination), 10 (Governing Law,
Arbitration, and Class Action/Jury Trial Waiver), and this
Section 12 (General); and any other provisions of this Agreement
giving rise to continued obligations of the parties will survive
termination of this Agreement.
13. Negócios Proibidos
You must not use SWbank's services for the following activities:
Produtos e serviços ilegais
- Illegal drugs, substances designed to mimic illegal drugs, and
equipment designed for making or using drugs
- Fake references or ID-providing services
- Telecommunications manipulation equipment including jamming
devices
- Any business or organization that a. engages in, encourages,
promotes or celebrates unlawful violence or physical harm to
persons or property, or b. engages in, encourages, promotes or
celebrates unlawful violence toward any group based on race,
religion, disability, gender, sexual orientation, national
origin, or any other immutable characteristic
- Any other products or services that are in violation of law in
the jurisdictions where your business is located or targeted to
Produtos e serviços que violam direitos de propriedade
intelectual
- Sales or distribution of music, movies, software, or any other
licensed materials without appropriate authorization
- Counterfeit goods; illegally imported or exported products
- Unauthorized sale of brand name or designer products or
services
- Any other products or services that directly infringe or
facilitate infringement upon the trademark, patent, copyright,
trade secrets, proprietary or privacy rights of any third party
Produtos e serviços que são injustos, predatórios ou
enganosos
- Pyramid schemes
- ‘Get rich quick’ schemes including: investment opportunities
or other services that promise high rewards to mislead
consumers; schemes that claim to offer high rewards for very
little effort or up front work; sites that promise fast and easy
money; businesses that make outrageous claims, use deceptive
testimonials, use high-pressure upselling, and/or use fake
testimonials; (with or without a written contract) offering
unrealistic incentives/rewards as an inducement to purchase
products or services but do not respond to any queries after the
purchase
- No value added services including sale or resale of a service
without added benefit to the buyer and resale of government
offerings without authorization or added value
- Sales of online traffic or engagementNegative response
marketing and telemarketing
- Predatory mortgage consulting, lending, credit repair and
counseling services
- Predatory investment opportunities with no or low money down
- Remote technical support; mugshot publication or pay-to-remove
sites; essay mills; chain letters; door-to-door sales
- Any other businesses that Stripe considers unfair, deceptive,
or predatory towards consumers
Conteúdo e serviços adultos
- Pornography and other mature audience content (including
literature, imagery and other media) depicting nudity or
explicit sexual acts
- Adult services including prostitution, escorts, pay-per view,
sexual massages, and adult live chat features
- Adult video stores
- Gentleman's clubs, topless bars, and strip clubs
Certos serviços jurídicos
- Law firms collecting funds for purposes other than legal
service fee payment
- Bankruptcy attorneys
- Bail bonds
Armas de fogo, explosivos e materiais perigosos
- Guns, gunpowders, ammunitions, weapons, fireworks and other
explosives
- Peptides, research chemicals, and other toxic, flammable and
radioactive materials
Jogatina
- Games of chance including gambling, internet gambling,
sweepstakes and contests, fantasy sports leagues with for a
monetary or material prize
- Sports forecasting or odds making with a monetary or material
prize
- Lotteries
- Bidding fee auctions
Maconha
- Cannabis products
- Cannabis dispensaries and related businesses
- Products containing any amount of CBD/THC
14. Política de disputas:
In the event of a payment dispute, unless otherwise directed by
the Cardholder or their authorized representative, SWbank
Technologies, Inc. will direct customers to contact Visa at
1-833-333-0417
in order to process the dispute as presented in accordance with
card network rules and card issuer practices.
Termos de serviço de financiamento da conta SWbank
Please read these terms of service (the “Agreement”) carefully
and retain them for your future reference. The Agreement
contains the general terms, conditions and disclosures that
govern your funding of your SWbank account (the “Account”)
provided bySoftWrap Participações S.A 31.544.347/0001-29
(“SWbank”) using a credit or debit card (the “Card
Funding”). By requesting, accepting, or otherwise using Card
Funding, you agree to be bound by this Agreement.When you see
the words “we,” “us,” or “our” in this Agreement, it refers to
SWbank and any of SWbank’s affiliates, successors, assignees,
agents or service providers. When you see the words “you” or
“your,” it refers to you, the owner of the Account, as well as
your personal representatives, executors, administrators, and
successors.
NOTA IMPORTANTE:
THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF
CLASS ACTIONS AND YOUR RIGHT TO A JURY. THE TERMS OF ARBITRATION
AND THE WAIVER APPEAR IN SECTION 8 OF THIS AGREEMENT.
1. O que é financiamento com cartão?
SWbank has partnered with Checkout.com (“Checkout”) to allow
SWbank members to use a debit or credit card to deposit funds
into their Account. You cannot use a prepaid card for Card
Funding.
If you choose to participate in Card Funding, you will need to
provide your card details, including your card number and
cardholder name. By initiating a transfer to your Account using
Card Funding, you confirm that your card details are correct,
that your card account is in good standing with the
account-holding financial institution, and that you have the
authority to initiate a debit or credit card payment in the
amount at issue to or from your card account.
By initiating a Card Funding transaction, you authorize us to
initiate debits to your card account through card payment
networks in order to process the Card Funding transaction,
including any applicable fees and charges, and this
authorization shall remain in effect so long as you have an
Account with SWbank unless canceled in accordance with this
Agreement.
2. Reversões e estornos
If you initiate a Card Funding transaction that is later
refunded or invalidated for any reason, you are responsible for
the full amount of the funds added to your Account plus any fees
(including any applicable chargeback fee described below).
Whenever a Card Funding transaction is reversed, SWbank will
refund or reverse the transaction from your SWbank Account in
the same currency as the original transaction. If your SWbank
Account balance for a particular currency is insufficient to
cover the amount of a refund or reversal, SWbank will perform a
currency conversion to refund or reverse the transaction,
subject to the exchange rate being offered by SWbank in the
applicable currencies at that time.
If you dispute a legitimate repayment charge in connection with
an Advance Payment (as defined below) and your dispute claim is
successful for any reason, you will be responsible for any
dispute fees charged to SWbank by your financial institution in
addition to the repayment of your Advance Payment.
3. Pagamentos antecipados
If you are eligible, the Card Funding program allows you to
receive free advances (the “Advance Payments”) on Card Funding
transactions which have been initiated, but not yet paid to your
Account. Advance Payments may only be used for business
purposes, and may not be used for personal, family, or household
purposes. There are no costs for access to the Card Funding
program and any Advance Payment you choose to receive is free.
Typically, Advance Payments will be for the full value of the
incoming Card Funding transaction, but this amount may be
reduced by SWbank in its sole discretion based on factors
including, but not limited to, the current balance in your
Account, the number of previous Advance Payments you have repaid
and the length of your customer relationship.
Once you set up Card Funding, the Advance Payments will be
automatically deposited into your Account when we are notified
there is a Card Funding transaction in progress, provided that
your Account is in good standing and you are eligible to receive
an Advance Payment. We will not offer you any additional Advance
Payments if you have not fully repaid a prior Advanced Payment.
You may turn off Advanced Payments at any time.
4. Sua elegibilidade para pagamentos antecipados
Advance Payments are available to United States registered
businesses in good standing which have a valid US Federal EIN
and a state tax identification number.
You must also have an Account with us which is eligible for Card
Funding. We determine the amount of any Advance Payments that
you are eligible for based on, among other things, your
anticipated Card Funding amount, information about your
account(s) with us and other financial institutions, as well as
your Account and payment history. We may change our eligibility
criteria at any time with or without notice to you.
5. Reembolso de pagamento antecipado
Each Advance Payment is automatically repaid in one installment
by deduction from the associated Card Funding you receive. If
the associated Card Funding received is not sufficient to repay
the Advance Payment, we reserve the right to deduct the
remaining Advance Payment amount from your Account or from
subsequent Card Funding payments you receive into your Account.
Before you are able to use the Advance Payments, you will be
asked to agree that each Advance Payment will be repaid as soon
as the associated Card Funding payment is deposited into your
Account and to authorize us to process an electronic debit from
your Account on that date.
If any payment you have authorized is returned by us or we are
otherwise unable to process a payment, we will attempt to debit
your Account up to three additional times. We are not
responsible for any overdraft fees, over-the-limit fees,
insufficient fund charges, or any other bank fees that result
from your failure to maintain a sufficient balance in your
Account. We make no warranties that an overdraft will not occur.
Notwithstanding the above, we warrant that we have no legal or
contractual claim or remedy against you based on a failure to
repay an Advance Payment. We further warrant that, with respect
to any Advance Payment we provide to you,
(i) we will not engage in any debt collection activities if you
do not repay the Advance Payment;
(ii) we will not place the amount of the Advance Payment as a
debt with, or sell it to, a third party; and
(iii) we will not report the Advance Payment to any consumer
reporting agency. However, we will not provide you any further
Advance Payment while any repayment remains overdue on any
previous Advance Payment.
6. Como entrar em contato conosco
You may contact us with any questions or concerns regarding Card Funding. The best way to contact SWbank is through email at suporte@softwrapbank.com . You may also contact us through our website at https://www.softwrapbank.com .
7. Outros Termos e Condições
7.1. Nossos dias úteis
Our business days are Monday through Friday, excluding federal
holidays.
7.2. Provedores de serviços terceirizados
We work with one or more third-party service providers,
including Unit Finance Inc. (“Unit”) and Checkout, in connection
with Card Funding and Advance Payments. Unit and Checkout may
assist us in processing transactions, handling account
operations, and providing technological connections between
SWbank and the bank where your account is held and your card
account. By using Card Funding and Advance Payments, you license
and authorize us to access information maintained by Unit and
Checkout and/or other third parties, on your behalf as your
agent, and you expressly authorize such third parties to
disclose your information to us. In particular, you agree that
Unit and Checkout may perform any functions related to Card
Funding and Advance Payments that we are otherwise authorized to
perform and that Unit’s and Checkout’s access and use of your
information will be governed by the terms of Unit’s Privacy
Policy, available at
https://www.unit.co/clients-privacy-policy
and Checkout’s Privacy Policy, available at
https://www.checkout.com/legal/privacy-policy
respectively.
7.3. Sua privacidade
Your privacy is very important to us, and we maintain a Privacy
Policy that governs how we handle your data. Our Privacy Policy
is available at
política de Privacidade
By using Card Funding, you agree to our use of your data
according to our Privacy Policy.
7.4. Comunicações por telefone celular
By providing us with your cellular phone or other wireless
device number, you are expressly consenting to receiving
communications at that number—including but not limited to
prerecorded or artificial voice message calls, text messages,
and calls made by an auto-dialer—from us and our affiliates and
agents. This consent applies to all telephone numbers you
provide to us now or in the future. Your telephone or mobile
service provider may charge you for these calls or messages. You
also agree that we may record or monitor any communications for
quality control and training purposes.
1.1. Nenhuma tarefa
Your access to Card Funding and Advance Payments and your
obligations under this Agreement are not transferable and not
assignable as collateral for a loan or for any other purpose. We
may transfer our rights under this Agreement.
1.2. Limitation of Liability and Disclaimer of Warranty
EXCEPT AS REQUIRED BY LAW, WE ARE NOT LIABLE FOR ANY CLAIMS,
COSTS, LOSSES, OR DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM
OUR FAILURE TO ACT, OR ANY DELAY BEYOND TIME LIMITS PRESCRIBED
BY LAW OR PERMITTED BY THIS AGREEMENT IF SUCH FAILURE OR DELAY
IS CAUSED BY MAINTENANCE OR INTERRUPTION OR MALFUNCTION OF
EQUIPMENT OR COMMUNICATION FACILITIES, UNUSUAL TRANSACTION
VOLUME, SUSPENSION OF PAYMENTS BY ANOTHER FINANCIAL INSTITUTION,
FIRE, NATURAL DISASTERS, ELEMENTS OF NATURE, GOVERNMENT ACTION,
ACTS OF WAR, TERRORISM OR CIVIL STRIFE, EMERGENCY CONDITIONS, OR
OTHER CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL.
EXCEPT AS REQUIRED BY LAW, OUR LIABILITY TO YOU FOR A CLAIM IS
LIMITED TO THE FACE VALUE OF THE ITEM OR TRANSACTION, OR THE
ACTUAL VALUE OF ANY FUNDS NOT PROPERLY CREDITED OR DEBITED. IN
NO EVENT WILL WE OR UNIT OR CHECKOUT BE LIABLE FOR ANY
CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES EVEN IF YOU
ADVISE US OF THE POSSIBILITY OF SUCH DAMAGES.EXCEPT AS REQUIRED
BY LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY, WE SHALL
ONLY BE RESPONSIBLE AND LIABLE FOR OUR OWN GROSS NEGLIGENCE OR
WILLFUL MISCONDUCT IN PERFORMING OUR OBLIGATIONS UNDER THIS
AGREEMENT. WE SHALL NOT BE LIABLE TO ANY THIRD PARTY OR FOR ANY
ACT OR OMISSION OF YOURS OR ANY THIRD PARTY, INCLUDING, BUT NOT
LIMITED TO, THIRD PARTIES USED BY US IN EXECUTING ANY
TRANSACTION CONTEMPLATED BY THIS AGREEMENT OR PERFORMING A
RELATED ACT AND NO SUCH THIRD PARTY SHALL BE DEEMED TO BE OUR
AGENT.
IN ADDITION, EXCEPT AS REQUIRED BY LAW, WINDEN IS NOT LIABLE FOR
ANY UNAUTHORIZED ACCESS OF YOUR INFORMATION OR DATA BY A THIRD
PARTY DUE TO YOUR USE OF THIRD-PARTY COMMUNICATION CHANNELS NOT
OFFERED BY US.
ALL CARD FUNDING AND ADVANCE PAYMENTS FEATURES ARE PROVIDED “AS
IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. WE DO NOT WARRANT THE CARD FUNDING OR ADVANCE PAYMENT
FEATURES WILL MEET YOUR REQUIREMENTS, BE CONTINUOUS,
UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, OR THAT DEFECTS
WILL BE CORRECTED.
1.3. Indemnification
You agree to indemnify and hold us and our officers, directors,
shareholders, employees, successors, predecessors,
representatives, principals, agents, assigns, parents,
subsidiaries and/or insurers harmless for any losses, damages,
suits and expenses, including reasonable attorneys’ fees that we
may incur, without regard to the merit or lack thereof, arising
out of, or related in any way to (1) the matters set forth
herein; (2) our taking any action or not taking any action that
we are entitled to take pursuant to this Agreement; (3) any
action or omission by you; or (4) our action or inaction in
reliance upon oral, written or electronic instructions or
information from you.
Equally, you agree to indemnify and hold Unit and Checkout and
their respective officers, directors, shareholders, employees,
successors, predecessors, representatives, principals, agents,
assigns, parents, subsidiaries and/or insurers harmless for any
losses, damages, suits and expenses, including reasonable
attorneys’ fees, that we may incur, without regard to the merit
or lack thereof, arising out of, or related in any way to (1)
the matters set forth herein; (2) our taking any action or not
taking any action that we are entitled to take pursuant to this
Agreement; (3) any action or omission by you; or (4) our action
or inaction in reliance upon oral, written or electronic
instructions or information from you.
1.4. Mudanças nos Termos e Serviços Adicionais
We may change this Agreement, or any fees and features of Card
Funding or Advance Payments, at any time by posting an amended
Agreement on SWbank Inc’s website,
www.softwrapbank.com
and any such amendment shall be effective upon posting. We will
give you advance notice of any change where required by law. We
may provide such notice to you with your statement,
electronically, or by mail. Any notice we provide to you will be
binding and sent to the last (postal or electronic) address in
our records. We may change your address if we receive an address
change notice from the U.S. Postal Service. We may change or
terminate this Agreement without notice at our discretion or to
comply with any appropriate federal or state law or regulation.
1.5. Sem renúncia de direitos
We may waive or decline to enforce any of our rights under this
Agreement without obligating ourselves to waive such rights in
the future or on any other occasion. We may release any other
person obligated under this Agreement without affecting your
responsibilities under this Agreement.
1.6. Conflitos e títulos de seção
If there is a conflict between this Agreement and any other
document or statement made to you concerning Card Funding or
Advance Payments, this Agreement will govern. If there is a
conflict between this Agreement and any other document or
statement made to you concerning any services or products other
than Card Funding or Advance Payments, the separate terms and
conditions applicable to that service or product will govern.
Section headings that appear in this Agreement are for
convenience purposes only and are intended to help you find
information. They should not be construed as affecting the
meaning of the Agreement.
1.7. Divisibilidade
In the event that any court or tribunal of competent
jurisdiction determines that any provision of this Agreement is
illegal, invalid or unenforceable, the remainder of this
Agreement shall not be affected. To the extent permitted by law,
the parties waive any provision of law which prohibits or
renders unenforceable any provisions of this Agreement, and to
the extent that such waiver is not permitted by law, you and we
agree that such provision will be interpreted as modified to the
minimum extent necessary to render the provisions enforceable.
1.8. Governing Law, Forum and Time Limits
All actions relating to your Account and this Agreement will be
governed by the laws and regulations of the United States and
the State of California, irrespective of conflict of law
principles. You agree that any dispute arising under this
Agreement or relating in any way to your relationship with us
that is not arbitrated will be resolved in a federal or state
court located in Los Angeles County, CA and that you will be
subject to such court’s jurisdiction.
Except where prohibited by law, you agree that you must file any
lawsuit or arbitration against us within two (2) years after the
claim arises unless federal or California law, or another
agreement you have with us, provides for a shorter time. If
federal or California law requires a longer time period than the
time periods in this Agreement, you agree to the shortest time
period permitted under the law.
2.0. Arbitration and Waivers
BE SURE THAT YOU HAVE READ THIS PROVISION CAREFULLY AND
UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE
BETWEEN YOU AND US.
2.1. Election to Arbitrate
You and SWbank agree that the sole and exclusive forum and
remedy for resolution of a Claim be final and binding
arbitration pursuant to this Section 8 (the “Arbitration
Provision”). As used in this Arbitration Provision, “Claim”
shall include any past, present, or future claim, dispute, or
controversy involving you (or persons claiming through or
connected with you), on the one hand, and SWbank on the other
hand, relating to or arising out of this Agreement, and/or the
activities or relationships that involve, lead to, or result
from this Agreement, including the validity or enforceability of
this Arbitration Provision, any part thereof, or the entire
Agreement. Claims are subject to arbitration regardless of
whether they arise from contract; tort (intentional or
otherwise); a constitution, statute, common law, or principles
of equity; or otherwise. Claims include matters arising as
initial claims, counterclaims, crossclaims, third-party claims,
or otherwise. Please note that you may continue to assert Claims
in small claims court, if your Claims qualify and so long as the
matter remains in such court and advances only on an individual
(non-class, non-representative) basis. The scope of this
Arbitration Provision is to be given the broadest possible
interpretation that is enforceable.
2.2. Applicability of the Federal Arbitration Act;
Arbitrator’s Powers
This Arbitration Provision is made pursuant to a transaction
involving interstate commerce and shall be governed by and
enforceable under the Federal Arbitration Act (the “FAA”). The
arbitrator will apply substantive law consistent with the FAA
and applicable statutes of limitations. The arbitrator may award
damages or other types of relief permitted by applicable
substantive law, subject to the limitations set forth in this
Arbitration Provision. The arbitrator will not be bound by
judicial rules of procedure and evidence that would apply in a
court. The arbitrator shall take steps to reasonably protect
confidential information.
2.3. Informal Dispute Resolution
If a Claim arises, our goal is to address your concerns and, if
we are unable to do so, to provide you with a neutral and
cost-effective means of resolving the dispute quickly. You agree
that before filing any claim in arbitration, you will first
submit your Claim to us by email at
suporte@softwrapbank.com
and provide us with the opportunity to resolve your concern
prior to initiating arbitration.
2.4. Procedimentos de Arbitragem
The party initiating arbitration shall do so with the American
Arbitration Association (the “AAA”) or Judicial Alternatives and
Mediation Services (“JAMS”). The arbitration shall be conducted
according to the rules and policies of the administrator
selected, except to the extent the rules conflict with this
Arbitration Provision or any countervailing law. If you have any
questions concerning the AAA or would like to obtain a copy of
the AAA arbitration rules, you may call 1(800) 778-7879 or visit
the AAA's web site at: www.adr.org. If you have any questions
concerning JAMS or would like to obtain a copy of the JAMS
arbitration rules, you may call 1(800) 352-5267 or visit their
web site at: www.jamsadr.com. In the case of a conflict between
the rules and policies of the administrator and this Arbitration
Provision, this Arbitration Provision shall control, subject to
countervailing law, unless all parties to the arbitration
consent to have the rules and policies of the administrator
apply. The arbitration will be held in Los Angeles County, CA or
any other location we agree to.
2.5. Taxas de Arbitragem
Filing costs and administrative fees (other than hearing fees)
shall be paid in accordance with the rules of the administrator
selected, or in accordance with countervailing law if contrary
to the administrator's rules. The administrator's hearing fees
will be paid by the party requesting the hearing, unless the
administrator's rules or applicable law require otherwise. Each
party shall bear the expense of its own attorneys' fees, except
as otherwise provided by law. If a statute gives you the right
to recover any of these fees, these statutory rights shall apply
in the arbitration notwithstanding anything to the contrary
herein.
2.6. Recursos
Within 30 days of a final award by the arbitrator, any party may
appeal the award for reconsideration by a three-arbitrator panel
selected according to the rules of the arbitrator administrator.
In the event of such an appeal, any opposing party may
cross-appeal within 30 days after notice of the appeal. The
panel will reconsider de novo all aspects of the initial award
that are appealed. Costs and conduct of any appeal shall be
governed by this Arbitration Provision and the administrator's
rules, in the same way as the initial arbitration proceeding.
Any award by the individual arbitrator that is not subject to
appeal, and any panel award on appeal, shall be final and
binding, except for any appeal right under the Federal
Arbitration Act (“FAA”), and may be entered as a judgment in any
court of competent jurisdiction.
2.7. Sem ações coletivas
NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR
COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON
BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE
SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR
COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR
COLLECTIVE ACTIONS IN A COURT.
Unless consented to in writing by all parties to the
arbitration, no party to the arbitration may join, consolidate,
or otherwise bring claims for or on behalf of two or more
individuals or unrelated corporate entities in the same
arbitration unless those persons are parties to a single
transaction. Unless consented to in writing by all parties to
the arbitration, an award in arbitration shall determine the
rights and obligations of the named parties only, and only with
respect to the claims in arbitration, and shall not (a)
determine the rights, obligations, or interests of anyone other
than a named party, or resolve any Claim of anyone other than a
named party; nor (b) make an award for the benefit of, or
against, anyone other than a named party. No administrator or
arbitrator shall have the power or authority to waive, modify,
or fail to enforce this Section 8.7, and any attempt to do so,
whether by rule, policy, arbitration decision or otherwise,
shall be invalid and unenforceable. Any challenge to the
validity of this Section 8.7 shall be determined exclusively by
a court and not by the administrator or any arbitrator.
2.8. Sobrevivência e Divisibilidade da Disposição de
Arbitragem
This Arbitration Provision shall survive the termination of this
Agreement. If any portion of this Arbitration Provision other
than Section 8.7 is deemed invalid or unenforceable, the
remaining portions of this Arbitration Provision shall
nevertheless remain valid and in force. If there is a final
judicial determination that applicable law precludes enforcement
of this Arbitration Provision’s limitations as to a particular
claim for relief or particular term, then that claim (and only
that claim) or that term (and only that term) must be severed
from the Arbitration Provision and may be brought in court. If
an arbitration is brought on a class, representative, or
collective basis, and the limitations on such proceedings in
Section 8.7 are finally adjudicated pursuant to the last
sentence of Section 8.7 to be unenforceable, then no arbitration
shall be had. In no event shall any invalidation be deemed to
authorize an arbitrator to determine Claims or make awards
beyond those authorized in this Arbitration Provision.
2.9. Fórum Judicial de Reclamações
Except as otherwise required by applicable law, in the event
that this Arbitration Provision is found not to apply to you or
your Claim, you and SWbank agree that any judicial proceeding
(other than small claims actions) will be brought in the federal
or state courts of California. Both you and SWbank consent to
venue and personal jurisdiction there. We both agree to waive
our right to a jury trial.
2.10. RENÚNCIA DO DIREITO DE LITIGAR
THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE
CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT ARE HEREBY
KNOWINGLY AND VOLUNTARILY WAIVING THAT RIGHT BY AGREEING TO THIS
AGREEMENT AND ARBITRATION PROVISION.
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