These Notbank Terms of Service DO NOT apply to residents of the EEA, including the EU and all
associated with it overseas countries and territories, Andorra, Monaco, San Marino, Switzerland,
Vatican City, United Kingdom, USA and its territories, Canada, United Arab Emirates, Australia and
New Zealand. If you are a resident of any of these jurisdictions, please refer to the relevant terms
for your jurisdiction.
Terms and Conditions
- INTRODUCTION.
- These Terms and Conditions (the "T&C") regulate the access and use of services provided through the website and mobile applications of NotBank (collectively, the "Platform").
- The services offered through the Platform (the "NotBank Services") are provided by an entity belonging to CryptoMarket Group ("NotBank"). NotBank is a legal entity constituted and in force in accordance with the laws of Ireland, registered under number 686847.
- To facilitate the provision of certain NotBank Services, NotBank may rely on other entities of the CryptoMarket Group, as well as on duly authorized external providers. In such cases, the acceptance of these T&C, as well as any authorization granted by the User in the context of NotBank Services, shall extend equally to such entities and providers, insofar as necessary for the proper provision of services.
- These T&C constitute a legally binding agreement between you (the "User") and NotBank, as well as with any company, affiliate or subsidiary of NotBank, or other entity of the CryptoMarket Group that operates under any of the NotBank trademarks.
- By registering or using NotBank Services through the website or application, you expressly accept these T&C and establish a contractual relationship with NotBank. By accessing the Platform, you confirm that you have read, understood, and fully accepted these T&C and you are bound by compliance with them. If you do not agree with them, you must refrain from using the Platform and NotBank Services.
- The following policies are an integral part of these T&C and are equally applicable to the use of the Platform:
- Privacy Policy, which regulates the processing of personal data provided by the User or collected by NotBank.
- Cookie Policy, which contains information on the use of cookies on the website.
It is recommended that the User read these policies carefully before using NotBank Services.
- NotBank reserves the right to modify these T&C at any time. Any modification shall be valid and shall commence to apply from its publication on the website or application, unless explicitly stated otherwise. The continued use of the Platform and NotBank Services after the modifications come into effect shall imply the User's acceptance of them. If the User does not wish to be subject to the modifications, they must discontinue the use of NotBank Services.
- DEFINITIONS
- Virtual Asset: Any digital asset used on the NotBank Platform.
- Application and/or Applications: Any computing means of access to the NotBank Platform.
- Wallet or Wallet: Virtual account enabled on the Platform that reflects the balances of User Funds, as well as transactions, collections, payments, and other associated movements.
- CryptoMarket Group: Group of Companies to which NotBank belongs and which includes the entities mandated for the collection and processing of fiat assets.
- CryptoMKT S.A. or CryptoMarket Argentina: Legal entity constituted and existing in accordance with the laws of Argentina. It is the entity of the CryptoMarket Group mandated by NotBank for the collection and processing of deposits, as well as for the execution of withdrawals instructed by users operating in Argentine pesos (ARS). Furthermore, CRYPTOMKT S.A. is a Virtual Asset Service Provider (VASP) registered under No. 43 dated June 24, 2024 in the Registry of Virtual Asset Service Providers of the CNV. This registration is for purposes of control as a Reporting Entity before the Financial Information Unit (UIF) and any other regulatory body empowered to do so, within the scope of its powers, and does not imply licensing or supervision by the NATIONAL SECURITIES COMMISSION regarding the activity carried out by the VASP.
- CryptoMKT Serviços Digitais LTDA or CryptoMarket Brazil: Legal entity constituted and existing in accordance with the laws of Brazil. It is the entity of the CryptoMarket Group mandated by NotBank for the collection and processing of deposits, as well as for the execution of withdrawals instructed by users operating in Brazilian reals (BRL).
- CryptoMKT SpA or CryptoMarket Chile: Legal entity constituted and existing in accordance with the laws of Chile. It is the entity of the CryptoMarket Group mandated by NotBank for the collection and processing of deposits, as well as for the execution of withdrawals instructed by users operating in Chilean pesos (CLP).
- CryptoMKT Colombia S.A.S: Legal entity constituted and existing in accordance with the laws of Colombia. It is the entity of the CryptoMarket Group mandated by NotBank for the collection and processing of deposits, as well as for the execution of withdrawals instructed by users operating in Colombian pesos (COP).
- CryptoMKT Perú S.A.C: Legal entity constituted and existing in accordance with the laws of Peru. It is the entity of the CryptoMarket Group mandated by NotBank for the collection and processing of deposits, as well as for the execution of withdrawals instructed by users operating in Peruvian soles (S/).
- Active Account: A User Account duly registered on the Platform, which has successfully completed the verification and identification processes required by NotBank in accordance with applicable regulations and its internal policies, and which is not suspended, blocked, or subject to restrictions that prevent the use of NotBank Services.
- Dysopsis Limited Agencia En Chile: Agency of the foreign company DYSOPSIS LIMITED, constituted in accordance with the provisions of the General Standard No. 502 (NCG 502) of the Commission for the Financial Market (CMF), which requires foreign entities providing services regulated under Law No. 21.521 (Fintec Law) to establish an agency in Chile. DYSOPSIS LIMITED AGENCIA EN CHILE is the entity of CryptoMarket Group that requested its registration and authorization before the CMF for the provision of financial services through technological means, specifically custody and intermediation services for financial instruments and alternative transaction systems. The aforementioned request for registration and authorization is currently under review by the CMF. In turn, CryptoMarket Chile acts as an entity mandated by NotBank for the processing and collection of Chilean fiat money. Notwithstanding the foregoing, and in accordance with the provisions of the Fintec Law and NCG No. 502, the custody service is provided to customers by DYSOPSIS LIMITED AGENCIA EN CHILE.
- Financial Entity: Those entities comprised in the Financial Entities Law in each country in which NotBank operates.
- Funds: Those Funds that are reflected in the User's Wallet and are accounted for by NotBank in accordance with applicable regulations.
- NotBank: Corresponds to Dysopsis Limited, a legal entity constituted and existing in accordance with the laws of Ireland, owner of the Platform, which provides NotBank Services and is responsible for such provision to users.
- Platform: Computing system owned by NotBank that records and reflects the balance and movements of Users' Funds which can be accessed through own or third-party Applications. It comprises the website and mobile applications.
- NotBank Services: Services provided by NotBank available on the Platform, either directly, through other entities belonging to the CryptoMarket Group or through external providers.
- Fees: Costs to which NotBank Services will be subject.
- User: Indistinctly, the clients and beneficiaries of NotBank Services, including both registered users and anyone who visits and/or occasionally uses the Platform.
- PLATFORM AND NotBank SERVICES.
- NotBank is a digital asset management platform that provides services through its website and mobile applications available for iOS and Android (the "Platform").
- Through the Platform, NotBank facilitates registered users access to and use of technological services that enable, among others, the observation, purchase, sale, exchange, and conversion of virtual assets and, when appropriate, fiat money (the "Funds"), on the terms defined in these Terms and Conditions.
- NotBank is responsible to the User for the provision of NotBank Services and the general maintenance of the Platform, without prejudice to the fact that, for the proper provision of certain services, it may rely on other entities of the CryptoMarket Group or on duly enabled external providers, in accordance with applicable regulations.
- Funds maintained through the Platform do not accrue interest. Neither NotBank nor entities belonging to the CryptoMarket Group have the status of banks or financial institutions; they do not conduct activities proper to banking or regulated financial intermediation, in accordance with the legislation in force in each applicable jurisdiction. Consequently, Yield Account does not have the legal nature of a savings account contract or banking account contract of any nature.
The funds that the User delivers to NotBank through the Yield Account product do not legally constitute bank deposits, and therefore are not covered by the state guarantee of deposits contemplated in Paragraph III of Title XV of the General Banking Law (Chile) or any other similar provision.
- REGULATORY COMPLIANCE.
- The entities of the CryptoMarket Group that participate in the provision of NotBank Services are registered, when appropriate, before the competent authorities and Financial Intelligence Units, and comply with the applicable regulatory provisions regarding the prevention of money laundering, financing of terrorism, and proliferation of weapons of mass destruction.
- These entities are enabled to conduct operations involving virtual assets, in accordance with the regulations in force in the jurisdictions in which they operate, actively collaborating in the compliance of applicable legal and regulatory obligations.
- USER FUNDS AND CUSTODY.
- User Funds in fiat money shall be held in custody by local banking or financial entities, in accordance with the currency used and the country of the bank account registered by the User.
- Deposits and withdrawals made through the Platform shall be subject to the availability, operating conditions, and possible fees of such banking or financial entities, which may vary depending on the country, the corresponding institution, and the nature of the operation.
- NotBank has no control over processing times, operating conditions or eventual restrictions applied by such entities, without prejudice to the reasonable efforts it will make to facilitate the correct execution of operations instructed by the User.
- Deposits and withdrawals in fiat money may be subject to fees, depending on the country and the corresponding banking institution.
- OPERATING MODALITIES ON THE PLATFORM.
- The Platform allows registered Users to perform observation, purchase, sale, exchange and conversion operations of Virtual Assets, as well as the sending and receipt of Virtual Assets and/or fiat money (the "Funds"), in accordance with the functionalities enabled at each moment.
- The User acknowledges and accepts that operations are executed in accordance with real market conditions, liquidity availability and the type of order selected, and that the values shown by the Platform prior to the execution of an operation constitute only referential estimates.
- Operations will be subject to the current fees, which are available for consultation in the "Service Fees" section of the Platform.
- Simple: The Simple modality is a functionality of the Platform through which purchase, sale and conversion operations of Virtual Assets are executed immediately, exclusively through market orders (taker orders), once sufficient liquidity exists.
For these purposes, operations will be executed by taking the available orders in the market corresponding to the country of the bank account registered by the User.
The User understands and accepts that:
(a) the estimated quantity of Virtual Assets or fiat money shown before executing an operation is not definitive; and
(b) the final amount that will be received will be determined at the moment of effective execution of the operation, in accordance with the real price of the market orders that are taken.
- Exchange Pro: The Exchange Pro modality allows the User to execute purchase and sale operations of Virtual Assets through different types of orders, in accordance with the conditions defined by the User and the rules of operation of the Platform's market.
(a) Market Orders (Market Orders):
(i) Market Order: purchase or sale order executed at the best price available in the market at the moment of its entry, being able to take one or more orders from the book for its total execution.
(ii) Market Order with Stop: order that is activated when the market reaches a predefined price, being executed as a market order once said level is reached. This type of order does not reserve Funds prior to its activation.
(b) Limit Orders (Limit Orders):
(i) Limit Order: order that is executed at a specific price different from the market price. Limit buy orders are entered at a price lower than the market price and limit sell orders at a higher price. This type of order reserves the corresponding Funds and is shown in the order book.
(ii) Limit Order with Stop: order that is activated when a trigger price (stop price) is reached, becoming a limit order at the defined price. These orders do not reserve Funds nor are shown in the order book before their activation.
(iii) Limit Order with Post-only: order that is only entered in the order book if it does not immediately coincide with an existing order, being automatically cancelled otherwise. This type of order guarantees that the taker fee is not applied.
(c) Validity conditions for limit orders:
(i) GTC (Good-Till-Cancelled): the order remains active until it is completely executed or manually cancelled by the User.
(ii) IOC (Immediate-Or-Cancel): the order is executed immediately, with the part that cannot be executed immediately being automatically cancelled.
(iii) FOK (Fill-Or-Kill): the order must be executed immediately and completely; otherwise, it is cancelled in its entirety.
(iv) Day Order: the order remains active until the close of the trading day, considering server time (UTC 0).
(v) GTD (Good-Till-Date): the order remains valid until the date and time defined by the User, considering server time (UTC 0), unless it is executed or cancelled earlier.
(d) Scaled Orders (Scaled Orders): Scaled orders consist of a set of multiple purchase or sale orders, automatically distributed within a price range defined by the User. The distribution may be flat, increasing or decreasing. Once entered, each order is considered independent and is executed or cancelled individually.
- The User acknowledges that operations carried out through the Platform are subject to market risks, price volatility and liquidity conditions. NotBank will not be responsible for losses derived from the closure of positions or for investment decisions adopted by the User.
- RESPONSIBILITY AND OBLIGATIONS OF NotBank.
- NotBank will act as a provider of technological services intended to facilitate access to and use of the Platform for the execution of operations on Virtual Assets, in the terms defined in these Terms and Conditions.
- NotBank will provide the Services in accordance with applicable regulations and with a reasonable standard of diligence, seeking operational continuity and correct operation of the Platform, without guaranteeing its uninterrupted availability.
- NotBank reserves the right to reject, cancel, reverse, liquidate, nullify, extinguish, suspend or not execute operations or orders placed through the Platform, informing the User by email the reasons for said decision when applicable.
Such powers may be exercised, among other cases, when:
(a) operations appear suspicious of non-compliance with these Terms and Conditions, NotBank's internal policies or applicable regulations;
(b) there are indications of illegal acts, including money laundering, terrorism financing or fraud;
(c) instructions, decisions or orders from regulatory, administrative or judicial authorities affect the use, commercialization or availability of certain cryptoassets;
(d) events of force majeure or act of God occur;
(e) incidents or security violations of the Platform are verified.
Likewise, NotBank may reverse operations executed as a consequence of service interruptions or failures in its systems.
- NotBank will reimburse the User, upon request, the amount equivalent to the Funds available in their Wallet, provided that such Funds are not transferred to third parties or affected by pending orders whose execution reserves funds.
- NotBank will be expressly authorized to retain, deduct or charge the fee corresponding to the Services at the moment when the User performs an operation, with the User authorizing from now on such retention in an irrevocable manner. Likewise, NotBank may charge or retain the agreed commissions when the inability to execute an operation is attributable to the User.
- NotBank will not be responsible for restrictions, impossibilities or delays in the free availability of Funds when such situations are due to force majeure, act of God, acts of authority, third-party failures or any other circumstance not attributable to NotBank.
- NotBank will not be responsible for failures or errors in devices, operating systems, software, internet connections, telecommunications services or other services provided by third parties used by the User to access the Platform.
- NotBank's Platform may experience partial or total interruptions, whether for scheduled reasons (such as maintenance or updates) or unforeseen events. In such cases, the operation of certain functionalities or orders may be temporarily affected. NotBank will make reasonable and continuous efforts to maintain the availability of the Platform and will seek to inform about any restriction or event through the platform status link: https://status.NotBank.com
- Given that blockchain technology is in constant development, NotBank does not guarantee the permanent availability of transaction services for listed Virtual Assets.
- NotBank will not be responsible for the inability to trade Virtual Assets during periods of network maintenance or for losses or gains derived from price variations that occur during said periods, which will be considered force majeure events.
- NotBank will not be responsible for circumstances affecting banking or financial institutions in which the User's Funds are held, nor for delays, setbacks or conditions affecting deposits or withdrawals derived from third-party failures or market congestion.
- NotBank will not be responsible for third-party websites that the User may access through the Platform, nor for the information, content, services or interactions that occur on such sites.
External sites have their own policies and terms of use that are independent of NotBank's, so the access and use of the same is the exclusive responsibility of the User, who must review their conditions and adopt the necessary security measures to avoid risks, such as viruses or other harmful elements.
- NotBank may, without prior notice, convert the balance that the User maintains in a cryptoasset that is no longer supported by the Platform to an equivalent stablecoin, crediting the result in the corresponding Wallet.
- All exclusions and limitations of liability established in favor of NotBank will extend to the entities of the CryptoMarket Group that participate in the provision of the Services, in their capacity as agents for the management of fiat deposits and withdrawals.
- USER RESPONSIBILITY.
- The User acknowledges and accepts that, once executed, transactions carried out through the Platform are irreversible, without prejudice to the powers expressly recognized to NotBank in these Terms and Conditions.
- The User acknowledges and assumes all risks, costs, losses or liabilities that derive from the misuse of the Services, obligating itself to hold NotBank harmless against any claim, action, cost, expense or damage that has its origin directly or indirectly in said use, including legal fees.
- The User Account is personal, unique and non-transferable. Its sale, assignment, transfer or facilitation to third parties is expressly prohibited, whether gratuitously or for consideration. The User is the sole and exclusive responsible for the use of their Account and obligates itself not to permit or facilitate access to third parties under any circumstance, as well as not to use other accounts nor assist third parties (registered or unregistered users) for such purposes.
- The User is the sole and exclusive responsible for the safeguarding, confidentiality and correct use of their passwords, keys, private keys and other means of authentication or security associated with their Account or Wallets. NotBank will not be responsible for the misuse of such means, nor for phishing attacks, spear phishing, identity theft or other cyberattacks that affect the User. At the request of the User, NotBank may issue a report that certifies the access records associated with their Account.
- The User obligates itself to diligently use the security mechanisms provided by the Platform, including the activation and use of the two-factor authentication system (2FA), when available.
- The User obligates itself not to share or provide their identification data, credentials or passwords to third parties, and to verify that the entry of such data is carried out exclusively through the official website address and applications of the Platform. Access to the Platform, as well as the security of the device, network or connection from which it operates, will be its exclusive responsibility.
- The User must keep their registered email address on the Platform updated and promptly notify NotBank of any modification. All communications sent by NotBank to the registered address will be deemed to have been validly made. NotBank will not request, in any case, passwords, keys or other confidential data of the User by email or by means other than the official channels of the Platform.
- The User must immediately inform NotBank if they suspect that their credentials, Account or Wallets have been compromised, or if they detect unauthorized access or actions by third parties, and must comply with the recovery procedures that NotBank establishes.
- The User will be solely responsible for the truthfulness, accuracy and completeness of the data provided for the execution of each operation.
- The User acknowledges and accepts that it is their exclusive responsibility to verify that the address and network that they report to a third party to receive a deposit within the NotBank ecosystem is current. In this sense, it is not NotBank's responsibility to prevent the loss of funds caused by an update of Virtual Asset wallets that is properly incorporated into the user interface.
- The User acknowledges and accepts that all operation, investment or transaction decisions made through the Platform are made solely and exclusively at their own account and risk, without any advice, recommendation or influence from NotBank.
- The User obligates itself to indemnify, hold harmless and defend NotBank, its affiliates, subsidiary and controlling companies, as well as its directors, managers, administrators, officials, collaborators and employees, against any damage, loss, cost or expense, including reasonable legal fees, that originates directly or indirectly from:
a) The non-compliance with any of its obligations derived from these Terms and Conditions, the policies incorporated into them or applicable legislation;
b) Any act, fact or omission related to access or use of the Platform and/or NotBank Services;
c) Any action, claim or lawsuit filed by other users or third parties, derived from the User's activities on the Platform, non-compliance with these Terms and Conditions or violation of third-party rights.
- The User acknowledges and accepts that, for the purpose of compensating for damages or losses suffered, NotBank may offset, retain or apply the Funds existing in any of the User's Wallets, without prejudice to exercising any other right that corresponds to it in accordance with applicable legislation, until the damage and/or loss is fully compensated.
- ACCOUNT REGISTRATION, VERIFICATION AND USE.
- Upon registering with the Platform and/or using NotBank Services, the User declares and guarantees that:
a) They are not a citizen or resident of countries, zones or regions subject to sanctions in accordance with lists issued by the Office of Foreign Assets Control (OFAC) of the United States of America, the United Nations, the European Union, the FATF or other competent international bodies.
b) They are not a citizen or resident of the USA or Ireland;
c) They are of legal age as required by applicable regulations to validly enter into these Terms and Conditions. NotBank does not provide services to minors.
d) They are the sole legal owner and/or beneficial owner of the Virtual Assets and/or fiduciary funds used through the Platform.
e) They are the beneficial owner of their NotBank Account and do not act on behalf of or in representation of third parties, except in cases expressly permitted or required by applicable legislation, duly accredited.
f) They comply with all applicable regulations, including, without limitation, tax regulations, foreign exchange regulations and regulations on the prevention of money laundering and terrorist financing.
g) They will not use the Platform or NotBank Services for illegal, illicit or prohibited activities of any kind.
h) They acknowledge that all decisions regarding use, operation or transactions are made at their own risk, without advice or intervention from NotBank or third parties.
i) They have read, understood and accepted the Privacy Policy, the Cookies Policy and these Terms and Conditions.
- The User undertakes to provide truthful, complete and updated information during the registration process and while maintaining an active Account, and must promptly notify any modifications.
- NotBank may require, at its sole discretion, the documentation and information it deems necessary for the use of the Platform, the enabling of specific functionalities or the execution of certain transactions, whose requirements may vary based on amounts, denomination or other risk criteria.
- The information and documentation provided may be verified directly by NotBank or by third-party specialized providers, including identity verification, origin of funds and transactions, through secure databases. The User grants their express authorization for the performance of such verifications.
- The User undertakes not to:
a) Use the Services in a manner that interferes with, affects or prevents the normal use of the Platform by other users.
b) Use the Platform for illegal gambling, fraud, money laundering, terrorist financing or other illicit activities.
c) Access the Services through robots, scrapers, crawlers or other unauthorized automated means.
d) Use, attempt to use or facilitate the unauthorized use of third-party accounts, whether by accessing other accounts without authorization, assisting third parties (Registered Users or not) in such access, or distributing instructions, software or tools intended for that purpose.
e) Circumvent security measures, controls or filtering implemented by NotBank, nor access unauthorized areas or services.
f) Provide false, inaccurate or misleading information, nor induce or facilitate third parties to engage in prohibited conduct.
- NotBank reserves the right to reject registration requests, without obligation to inform the reasons and without this generating any right to compensation or indemnification.
- Likewise, NotBank may suspend, cancel or close active accounts, in whole or in part, without prior notice, when there is a breach of these Terms and Conditions, when the User does not provide the requested information, does so incompletely or out of time, or when they provide false or inaccurate information. In the case of letter (d) above, NotBank may effect the immediate suspension or closure of all accounts involved.
- The foregoing is without prejudice to the legal actions that correspond to obtain compensation for damages and losses arising from contractual or legal breach. Account closure is not the only measure available to NotBank.
- In the event of the User's death, NotBank will initiate the account suspension and closure protocol only upon formal and accredited notification of the fact by those who validly represent the deceased in accordance with applicable legislation. Once death is accredited, NotBank will inform existing balances and proceed with their restitution in accordance with applicable legal norms in each jurisdiction.
- FEES AND CHARGES.
- Users accept to pay all applicable fees according to the current table published in the "Fees" section of our website at the time of executing the operation.
- Fees are calculated according to the dynamic fee in effect at the time of the transaction. The creation of an order in Exchange Pro or Simple does not guarantee that the fee shown will be applied, as it may change due to updates or trading volume.
- All transactions will automatically incur the corresponding fees from the User's account. By using the Platform, the User accepts this automatic charge.
- If an incorrect charge were made, the User must contact support at suporte@NotBank.com.
- Returns of fiat currency deposits or withdrawals will be subject to applicable fees according to the country of the operation.
- The User is responsible for declaring all taxes applicable to the services according to the legislation in effect in their country of residence.
- DEPOSITS AND WITHDRAWALS.
- For deposits and withdrawals, the account ownership at the banking institution or financial institution must match the information registered on the Platform.
- The amount of the withdrawal operation must respect the limits established according to the verification level achieved by the User.
- The User must provide any information or documentation requested by NotBank or the service provider, including data on the origin of the funds, to comply with AML regulations and KYC policies.
- NotBank reserves the right to reject, cancel or suspend deposits or withdrawals that do not meet these conditions.
- In case of rejected deposits, NotBank will return the funds to the original account, deducting fees for services rendered. This process may take up to 10 business days and may require additional information to validate account ownership.
- Fees for deposits (cash-in) or withdrawals (cash-out) are applied automatically. Any tax, rate or levy applicable to operations performed, whether of a local, national or international nature, will be the exclusive charge of the User. NotBank reserves the right to deduct or retain such amounts if required by applicable legislation in the corresponding jurisdiction.
- NotBank will not be responsible for failures or delays caused by the service provider.
- MOVEMENTS AND FUNDS.
- NotBank maintains a record of all User movements, including payments, collections and available balances.
- In the event that the Wallet presents a negative balance for any reason, the User must immediately reintegrate the owed funds. NotBank may suspend the Wallet in whole or in part until the pending balance is regularized and, where appropriate, initiate or exercise collection actions that it deems appropriate in accordance with applicable regulations.
- Errors must be notified within 30 days; after this period, the history will be considered accepted by the User.
- In the case of Wallet closure, funds will remain as unclaimed property until the User requests them, and NotBank will make reasonable efforts to notify the User.
- RISK DISCLOSURE.
- By using the Platform, the User declares to know and accept the risks associated with operating Virtual Assets.
- Before carrying out any transaction, it is recommended to carefully consider market conditions and personal financial situation, defining an investment strategy in line with these factors.
- Please note the following regarding Virtual Assets:
(a) they are highly volatile, and their value can vary drastically or even reach zero.
(b) They are not backed by central banks, fiscal entities, federal reserves, precious metals or any government authority.
(c) Their value depends on the willingness of market participants to exchange them, and can be totally lost if the corresponding market disappears.
(d) Extreme volatility can result in total loss of investment in a short period of time.
(e) Legislative or regulatory changes may negatively affect the use, transfer, exchange or value of Virtual Assets.
- The Platform uses Ethereum Blockchain technology. Platform Services may be temporarily interrupted due to maintenance, technical failures or other unforeseen factors.
- NotBank will not be responsible for direct or indirect damages or losses, including loss of profits, income or expectations of gains, arising from service failures.
- Transactions are considered executed only when they are recorded and confirmed on the Platform, which may not coincide with the moment the User initiates the operation.
- Virtual Assets are exposed to fraud, cyberattacks, theft of private keys and technical difficulties of the service provider.
- Loss or theft of private keys may result in total loss of access to Virtual Assets, with no possibility of recovery.
- Virtual Asset networks may experience interruptions or congestions due to technical issues, cyber attacks or other factors beyond NotBank's control.
- NotBank does not provide investment advice, reports or recommendations.
- The User is responsible for determining the digital value of each transaction according to their financial objectives, risk parameters and personal situation.
- NotBank shall not be liable for technological, cyber, regulatory or any other type of risks arising from the use of the Platform.
- In case of doubts, it is recommended to consult with independent professionals.
- The Platform offers, through Exchange Pro, the Trading View tool for technical analysis of Virtual Assets. However, NotBank does not recommend basing financial decisions solely on technical analysis nor making hasty decisions. It must be understood that past movements do not guarantee future results.
- For Argentina, the User understands and accepts that, by its nature, the right to revoke does not apply to the Services, in accordance with the CCC, art. 1116.
- Pursuant to Article 36 of General Resolution 1058/2025 of the National Securities Commission (Argentina), when conducting operations with Virtual Assets the following risks must be considered:
(a) Virtual Assets are highly volatile and may be high risk; investors must act with extreme caution.
(b) They are not contemplated in Law No. 26.831 (except if they fall under negotiable securities according to article 2°) nor in the powers conferred on the National Securities Commission by Law No. 27.739. The offering documents or information from issuers have not been examined or approved by the Commission or by any regulator.
(c) They are not legal tender in Argentina, nor issued or backed by national authorities.
(e) Transactions may be irreversible; losses from fraudulent or accidental transactions may not be recoverable.
(f) The value may depend on the willingness of market participants and may be permanently lost if the market disappears.
(g) Some Virtual Assets are only accepted by certain virtual service providers.
(h) Extreme volatility may cause total loss of investment in the short term.
(i) Regulatory changes may negatively affect their use, transfer, exchange or value.
(j) The execution of transactions depends on registration and confirmation on the trading platform.
(k) They are exposed to fraud risks, cyber attacks and technical difficulties.
(l) Loss or theft of private keys may result in total loss of access.
(m) Networks may experience interruptions or congestions due to technical or cyber factors.
- AML POLICY.
- NotBank's AML/CFT policy is governed by the resolutions of the financial intelligence units of the applicable jurisdictions and by the international standards issued by the Financial Action Task Force on money laundering.
- The User acknowledges that NotBank will strictly comply with any valid request from competent authorities, and there may be additional obligations beyond those provided for in these Terms and Conditions (T&C).
- Compliance with such requests regarding personal data shall be subject to NotBank's privacy policy and applicable legislation.
- In the event of suspicion of non-compliance by the User or their Wallet, NotBank has the right to:
(a) Request and obtain any information or documentation necessary.
(b) Conduct audits or reviews as it deems appropriate.
(c) Report any suspicious activity to competent authorities.
(d) Take any measure provided for in these T&C or in applicable legislation, including temporary or permanent suspension of the account, Wallet or access to the Services.
- NotBank may require additional information to verify the User's transactional profile, the origin and destination of funds, or any other purpose related to AML/CFT.
- NotBank, following FATF recommendations, may restrict the withdrawal of user funds during the interim period between when the request for additional information is made and when the information provided by the user satisfactorily resolves the requirements of the company's AML department.
- If the requested information is not received or if it is insufficient, NotBank may suspend or terminate the Services and/or the contractual relationship, including access to the Platform.
- User funds may only be returned to bank accounts in their name, except by legal or judicial order.
- NotBank may share information with Financial Entities according to the law of each country, to comply with legal and contractual obligations, always in accordance with its privacy policy.
- NotBank may create standardized interfaces (APIs) to enable connectivity with payment and collection service providers, other financial entities or third parties specialized in IT, as provided by the regulations and privacy policy.
- NotBank maintains constant monitoring of the User's risk level and establishes daily, monthly and annual limits on the use of the Services.
- The User may only operate within such limits and must provide and update information and documentation requested to comply with the AML/CFT policy.
- Upon registration, the User must provide true, accurate, complete and updated information, including personal, private or sensitive data, which will be treated in accordance with NotBank's privacy policy.
- Registration of more than one User for the same person is prohibited.
- Deposits or transfers from bank accounts of third parties other than the User holder of the Wallet are prohibited and may be returned.
- NotBank reserves the right not to open accounts or Wallets if the User does not meet legal or risk requirements, or for any other reason at NotBank's discretion.
- NotBank may modify, suspend, cancel or deactivate any account, Wallet or access to the Services without prior notice in the following cases:
(a) Alleged breach of these T&C.
(b) Funds deposited from accounts other than the User's.
(c) Court order to freeze funds.
(d) Investigations, litigation or governmental proceedings involving the User.
(e) Suspicion of violation of the AML/CFT policy or of false, incomplete or outdated information.
(f) Use of fraudulent or illegal techniques on the Wallet.
(g) Funds suspected of illegal activity.
(h) Interaction of the Wallet with illegal or fraudulent services.
(i) Any other situation that NotBank considers a risk to its operations, including discretionary reasons.
- NotBank reserves the right to modify its AML/CFT policy and risk control levels, including adjustments for inflation, regulatory changes or national and international events, to protect its operations and comply with applicable legislation.
- EXTERNAL PROVIDERS.
- SG FINANCIAL TECHNOLOGY S.A. (SG): Payment service provider that offers payment accounts, in accordance with Communication A 6885 of the Central Bank of the Argentine Republic (BCRA). Properly registered in the "Registry of payment service providers offering payment accounts" enabled by the Superintendency of Financial and Foreign Exchange Entities (SEFyC), complying with the current Information System. SG is not authorized as a financial entity, therefore it does not provide banking or foreign exchange services. Its function is limited to payment processing by order and account of the holders of virtual payment accounts. Funds deposited in these accounts do not constitute bank deposits and do not have the guarantees applicable to deposits in financial entities under current legislation.
- GMONEY S.A.: Provider for the dispersal and collection of payments in Peruvian soles, allowing transfers between NotBank Wallets and bank accounts (CCI). Operates in accordance with the Interoperability Regulation of Payment Services, approved by Circular No. 0024-2022-BCRP and amending regulations. The User expressly authorizes the use of their data in payment and/or banking means necessary for the provision of the service, without this implying the disclosure of internal or technical automation processes.
- LEDGIFY: Corresponds to a web platform (https://ledgifi.com/terms) that is intended to offer the service of tracking and viewing investments, related statistics, as well as calculating eventual gains or losses from the operations reported, which charges for its services and is not part of the CryptoMarket Group. For NotBank, it is a strategic ally that can support its users in filing their tax returns in Chile, but this alliance does not imply a recommendation of the use of the service, nor a gain for NotBank. Each user freely chooses whether or not to contract its services.
- Important notice for the User: NotBank acts as a technological and administrative intermediary, but does not substitute or represent external providers.
- Each provider operates according to its own regulations and conditions, which can be consulted on their respective websites or legal documents.
- By using NotBank's services that involve these providers, the User acknowledges and accepts the nature, limitations and risks associated with such services.
- REFERRAL PROGRAM TERMS AND CONDITIONS.
- Definitions:
(a) Referral Program (or "Program"): Rewards plan consisting of granting awards to Hosts and Referrals, once the conditions indicated below are met, for the former making invitations to register on the service provider's platform to unregistered third parties, and for the latter accessing the platform, registering, and meeting the requirements of each Campaign.
(b) Campaign: Referral Program with validity limited to the time and availability of awards determined, published by NotBank through its Platform, with specific conditions and awards.
(c) Host: User who is properly registered with an account at NotBank, who shares their QR Code or their personalized URL to the Referral, so that they create theirs and, once all the terms and conditions of each Campaign are met, will have the eventual right to receive an Award in exchange.
(d) Referral: Person who creates an account on the platform administered by NotBank by virtue of an invitation received by a Host, either by QR code or by URL.
(e) Award: Benefit to which the Host is entitled, provided that the conditions of these Terms and of the respective Campaign are met.
(f) Good Faith: The Programs are designed in good faith, and it is that same good faith that we expect from the Hosts and Referrals. Consider that we may cease to grant the awards if we believe that the participants are acting in bad faith or against the nature of this Program.
- Whenever NotBank launches a Campaign, any user properly registered and with an active account may participate in the Referral Program.
- To obtain the benefits of the Program, the following requirements must be fully complied with:
(a) That the registered user share their QR code or personalized URL, which will be available upon entering "My Account" > "Referral Program";
(b) That the Referred Party create an account on the platform managed by NotBank having accessed it using that QR code or that URL; and
(c) That Host and Referral Party comply with the conditions established in these Terms and the conditions determined by NotBank for the respective Campaign.
- In the event of compliance with the foregoing conditions, Hosts will receive the prizes in the manner corresponding to their nature. Thus, by way of example only, if the prize is determined by NotBank in XLM, they will arrive at their XLM wallets.
- If the Referred Party is already a user of the Platform, the Host cannot claim any prize for the reference.
- The fact of the Referred Party's registration through the Program does not constitute any kind of exception with respect to the KYC (Know Your Customer) processes applied by NotBank.
- NotBank reserves the right to determine the validity period of each Campaign and its effects, determine the prizes received by the Host, and to terminate or modify at any time any condition of the Program.
- If NotBank detects that a Host or a Referred Party attempted to use or did use the Program in an improper, fraudulent, illegal manner or in breach of these Terms or the conditions of one or more Campaign(s), they will be banned and henceforth will not be able to access the benefits of this or future Programs. The definition concerning misuse of the Program is at NotBank's discretion.
- Without being exhaustive, the following are considered indicative behaviors of misuse:
(a) The creation of additional accounts with the same RUT, name, email address or telephone number.
(b) The use of bots, fictional identities or false emails.
(c) Providing any misleading information or information that causes inconvenience to NotBank or other persons. By way of example, misleading information is understood to be that which induces the belief that transactions have guaranteed profitability, or that which induces error with respect to the Services provided by NotBank.
- It is not permitted for Referral Parties and Referred Parties to commercialize, distribute in mass or resell the QR codes or the URLs, which is why we will not take such references into account. We cannot discern the will of each participant, nor do we intend to, however, we are committed to acting in a fair and reasonable manner.
- Nor is it permitted for Hosts and Referred Parties:
(a) Advertising.
(b) Sending unsolicited mail.
- The following are permitted:
(a) YouTube channels.
(b) Informational and amateur websites.
(c) Information shared on social networks.
- INTELLECTUAL PROPERTY
- The Content of the Platform and the Application, including but not limited to: texts, information, graphics, images, logos, marks, computer programs, databases, designs, APIs, functional architecture and any other material (the "Content"), is protected by the laws in force in each country where NotBank operates, including copyright, patents, trademarks, utility models, industrial designs and domain names, whether registered or not.
- All Content is the exclusive property of NotBank and/or its affiliated companies, subsidiaries, controlled companies or associated representations. The compilation, arrangement, interconnection and operability of the Content is the exclusive property of NotBank and/or its related companies.
- The User is obligated not to decompile, modify, adapt, disclose, distribute or commercialize the Content without express authorization from NotBank. Any unauthorized use may be sanctioned in accordance with applicable legislation in the countries where NotBank has a presence.
- CUSTOMER SERVICE.
- The User may contact NotBank's Customer Service by sending an email to soporte@NotBank.com for inquiries, questions or assistance related to the Platform and its services.
- NotBank offers open opinion spaces, such as chats or forums. The opinions and messages posted are the exclusive responsibility of their authors. NotBank does not guarantee the accuracy or truthfulness of such opinions and is not responsible for the use the User makes of them.
- NotBank reserves the right to delete messages that it considers inappropriate, offensive or repeatedly reported for misuse.
- The User is obligated to maintain respectful conduct in all interactions within the NotBank community, including the support team and other users.
- In case of non-compliance, NotBank may limit functionalities, suspend the account or close it. If the account is closed, the User's available funds will be returned within a maximum period of 7 business days, counted from the date the User has provided the return data in full.
- APPLICABLE LAW AND DISPUTE RESOLUTION.
- These Terms and Conditions, their interpretation, compliance and execution shall be governed by the law of each jurisdiction where CryptoMarket Group operates as an incorporated company. The Parties agree to submit to the jurisdiction and competence of the courts corresponding to the capital of each country, waiving any other jurisdiction or forum that might correspond to them by domicile or other cause.
- Any controversy, claim or doubt related to these Terms and Conditions, their existence, validity, interpretation, scope, compliance, rescission or resolution must be communicated to the other Party within 30 days following its emergence, in order to attempt to resolve it in good faith in an informal and definitive manner.
The communication must include:
(a) Name, address, email address and telephone number of the sender.
(b) Detailed description of the controversy.
(c) Specific remedy or solution requested.
- If the Parties do not reach an agreement within 90 business days following notification, the controversy will be submitted to the competent courts of the corresponding jurisdiction.
- The User acknowledges that a digital version of these T&C, together with the respective data chain, will be admissible as valid evidence in any judicial or administrative proceeding.
- ADDITIONAL PROVISIONS.
- If any provision of these Terms and Conditions is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.
- In the event that a provision is declared null or ineffective, the User and NotBank will make their best efforts to achieve the same effect or result that the affected provision would have produced, without invalidating the remaining ones.
- The rights and obligations of the User established in these T&C may not be transferred or assigned in any form.
- NotBank reserves the right to transfer or assign User information to its subsidiaries, affiliates, controlling companies, associated companies or other entities of the business group, or as part of any corporate operation, without affecting the User's rights over their Funds and services.
- YIELD ACCOUNT.
- The Yield Account is a product offered by NotBank that allows Users to generate earnings on balances maintained in their account, whether in virtual assets or in fiat currency (FIAT), products whose availability in each country will depend on its local regulations, and which in any case will be governed by the conditions established in these Terms and Conditions.
- All users who maintain an active account on the Platform may access the Yield Account product.
- No minimum balance is required to access the Yield Account or to begin generating earnings.
- Earnings are calculated on the average daily balance maintained in the Yield Account, provided that such balance is maintained for a minimum period of 24 consecutive hours.
- The calculation of earnings is performed by multiplying the average daily balance by an approximate daily rate, which will be informed by NotBank and may vary over time.
- The credited earnings are incorporated into the balance of the Yield Account, becoming part of the base amount on which earnings for subsequent periods will be calculated, in accordance with the update frequency established by NotBank.
- Earnings generated will be credited once a day, within 24 business hours following the day in which the corresponding balance was maintained.
The credit will be made in the same type of asset (virtual asset or fiat currency) in which the balance was maintained.
- The funds deposited in the Yield Account are always available for withdrawal by the User.
The Yield Account has no maintenance cost and no commissions are applied for the withdrawal of funds from this product, without prejudice to applicable taxes according to the corresponding jurisdiction.
The withdrawal of funds may affect the amount of future earnings by reducing the eligible balance.
- The profitability of the Yield Account is not fixed nor guaranteed. The User acknowledges and accepts that profitability may fluctuate and does not constitute a guaranteed return.
- The funds deposited in the Yield Account may be used by NotBank at its discretion, for the purpose of generating earnings associated with the product, in accordance with its internal policies, market conditions and liquidity availability.
The User acknowledges and accepts that they will not have visibility or control over the operations, strategies or specific mechanisms used by NotBank to generate such earnings.
The User will have visibility only of the balance of their Yield Account and of the earnings generated, which will be updated once a day on business days, in accordance with what is indicated in these Terms and Conditions.
- The balance entered by the User in the Yield Account, as well as the earnings, will be reflected in an integrated manner within their portfolio on the Platform, identified as Yield Account.