Terms & Conditions (Local Account - Business)
TERMS AND CONDITIONS – PREPAID ACCOUNT AND PAYMENT SERVICES FOR BUSINESSES
These Terms and Conditions govern the payment account services offered through the ARQ application by ATLAS BRASIL ARQ INSTITUIÇÃO DE PAGAMENTO LTDA., a company registered under CNPJ No. 27.126.513/0001-08, with its registered office at Avenida Brigadeiro Faria Lima, No. 4055, 1st Floor, Suite No. 01-110, in the City of São Paulo, State of São Paulo, Postal Code 04538-133 (“Atlas Brasil”). Other services may be provided by entities belonging to the same economic group (“ARQ Entities” or “ARQ”), as described in these Terms and Conditions.
These Terms and Conditions apply to the use of the Business product available at https://business.arqfinance.com, which is included as part of the Platform.
The company’s Legal Representative must complete identity verification in accordance with the requirements established by ARQ and will receive, by email, a copy of these Terms and Conditions and the Privacy Policy.
The Legal Representative represents and confirms that, if the company’s registration on the Platform is not completed directly by the Legal Representative, the person responsible for such registration will be considered an Authorized User for the purposes of maintaining, administering, and using the Platform on behalf of the company.
The Legal Representative acknowledges that it is their sole responsibility to formally notify ARQ of any change, addition, or revocation of an Authorized User and shall remain responsible for all acts performed until ARQ has been duly notified of such change.
By consenting to these Terms and Conditions, the Customer’s Legal Representative expresses their intention to share personal data with ARQ so that such data may be processed in accordance with the Privacy Notice.
These Terms and Conditions, together with the policies established by the ARQ Entities, including, without limitation, the Privacy Policy, establish the basis on which we agree to make the Services available, as described below.
For the purposes of these Terms and Conditions: (i) any reference to “we,” “us,” “our,” and/or similar terms shall be interpreted as a reference to the ARQ Entities; and (ii) any reference to “you,” “your,” and/or similar terms shall be interpreted as a reference to you, the Customer.
Capitalized terms used in this document shall have the meanings assigned to them in Annex A to these Terms and Conditions.
BY USING THE SERVICES, YOU AUTOMATICALLY AGREE TO ALL THE RULES SET FORTH IN THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT USE THE SERVICES. BY CLICKING “ACCEPT” IN RELATION TO THESE TERMS AND CONDITIONS, YOU AGREE AND REPRESENT THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED, AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS, OUR PRIVACY POLICY, AND ANY OTHER POLICIES AND LEGAL DOCUMENTS MADE AVAILABLE TO YOU. SUCH DOCUMENTS MUST BE READ TOGETHER WITH, AND AS A SUPPLEMENT TO, THESE TERMS AND CONDITIONS.
THESE TERMS AND CONDITIONS MAY BE MODIFIED, AMENDED, OR UPDATED BY US FROM TIME TO TIME. ANY AMENDMENT TO THESE TERMS AND CONDITIONS WILL BE DISPLAYED ON THE PLATFORM OR COMMUNICATED TO YOU IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS. BY CONTINUING TO ACCESS OR USE THE SERVICES AFTER ANY AMENDMENT TO THESE TERMS AND CONDITIONS, YOU INDICATE YOUR CONSENT TO AND ACCEPTANCE OF SUCH AMENDMENT.
SERVICES
Atlas Brasil allows you to:
Prepaid Account: Open and maintain a prepaid payment account through which you may use the Pix Services and make In-App Payments (“Payment Account”);
Pix Services: Make and receive Pix transactions from or to your Payment Account (“Pix Services”);
In-App Payments: Use the funds deposited in your Payment Account to access services available through the ARQ Platform; and
Local ARQ Card: Use a local card linked to the Prepaid Payment Account offered by Atlas Brasil, in accordance with the Terms and Conditions of Use for the Local ARQ Card.
Neither Atlas Brasil nor any of the ARQ Entities is regulated by the Brazilian Securities and Exchange Commission (“CVM”) or the Central Bank of Brazil (“Central Bank”). However, Atlas Brasil is an indirect participant in Pix. Accordingly, the Pix Services are provided together with a regulated Brazilian institution duly authorized by the Central Bank and accredited with the Brazilian Instant Payment System (“SPI”) (the “Payment Partner”). Consequently, all Central Bank rules applicable to indirect Pix participants apply to Atlas Brasil.
REGISTRATION AND ELIGIBILITY
You represent that: (i) you are a legal entity duly incorporated and validly existing under the Applicable Laws of Brazil, with sufficient capacity to accept these Terms and Conditions; (ii) you acknowledge that the Services are available to residents or legal entities in Brazil; and (iii) transactions in your Payment Account must be carried out in Brazilian reais.
You must have the legal authority to represent and bind the Legal Entity on whose behalf you use the Services available through the Platform. By accepting this Agreement, you confirm that you possess such authority and that the Legal Entity agrees to its terms.
ARQ may request documents evidencing such authority at any time. If you fail to provide acceptable evidence, ARQ may suspend or terminate the Legal Entity’s profile and Services or deny access to the Platform.
You may authorize other persons to access and operate an ARQ Account on behalf of a Business, each an “Authorized User.”
You acknowledge that any action performed by an Authorized User will be treated as though it had been performed by you, including financial transactions. You shall be responsible for all acts performed by such users and for any access to the Platform that you share with them.
ARQ is not required to verify the authority or legal representation of Authorized Users each time they access the Platform. ARQ may also share Account information with such users and shall not be responsible for their use of such information.
Authorizing third parties does not reduce your obligations under this Agreement, including your obligation to immediately report any suspected improper access or unauthorized transactions.
The Customer must immediately notify ARQ of the termination of employment or change of role of any Authorized User and shall be solely responsible for changing the relevant access credentials in such circumstances.
You acknowledge and agree that compliance with the following steps is a condition for using the Services:
Register to open a Payment Account;
Access the Platform and agree to these Terms and Conditions, as well as any other applicable legal documents;
Read and acknowledge receipt of our Privacy Policy in order to better understand our commitment to protecting your privacy and how we use and disclose your information;
If you use the Pix Services, provide any additional documentation that may be required from time to time under Central Bank regulations and by our Payment Partner; and
If you use In-App Payments, provide us, as such term is defined in Annex A and where applicable, with any additional documentation that may be required under Central Bank regulations and by our Partners.
In order to use the Services, you acknowledge and agree that the ARQ Entities may engage different Partners to enable the provision of all or part of the Services. Accordingly, the terms and conditions established by such Partners may apply to you depending on the nature of the service provided.
You also understand that all provisions of this instrument shall, where applicable, extend and apply to Partners that may provide services directly to you. In such cases, the provisions established herein shall likewise protect such Partners, as well as their processes, operations, and rights relating to the provision of the Services.
All information provided by you to us and to the Partners must be accurate and complete. You are responsible for keeping such information up to date and shall be liable for any outcome or loss incurred as a result of your failure to update the information or the inaccuracy of such information.
Following registration, we will verify your identity to the extent necessary to comply with all applicable anti-money laundering (“AML”), sanctions, and other relevant regulations. Your use of the Services is subject to the successful completion of this process.
Where appropriate, we or our Partners may request additional personal information from you to the extent necessary to provide the Services, determine your eligibility to use the Services, or for any other purpose.
We reserve the right to reject any request to register your Prepaid Payment Account:
(i) If we determine that the information provided by you is inconsistent or indicates any suspicious or fraudulent activity under applicable AML regulations;
(ii) If you fail to provide the information or documents requested by us and/or the Partner; or
(iii) For any reasonable commercial reason.
By accessing the Platform, you acknowledge and agree that your personal information may be compared with and/or supplemented by information available in public and/or private databases, including information relating to judicial proceedings or administrative proceedings.
Such information will be used for compliance with Applicable Law and for the implementation of anti-money laundering, counter-terrorist financing, and fraud-prevention protocols.
To be eligible to use the Services, your Business must:
(i) Be registered and active with the National Register of Legal Entities maintained by the Ministry of Finance, or CNPJ/MF;
(ii) Be a single-member business company in which you are the sole shareholder and manager, or an individual business, or EI;
(iii) Maintain a Business Bank Account in Brazil in the name of your business;
(iv) Be permitted to use the Services, and there must be no prohibition imposed by any governmental agency connected to your Business preventing it from using financial tools;
(v) Have an appropriate National Classification of Economic Activities, or CNAE, code that is compatible with the activity of exporting services;
(vi) Have financial and economic capacity compatible with the transactions carried out and be capable of demonstrating the lawful origin of the funds;
(vii) Satisfy the other eligibility requirements established in these Terms and Conditions; and
(viii) Satisfy any additional eligibility requirements imposed by the Partner, where applicable, for purposes of complying with its regulatory obligations.
To complete your registration and open your Payment Account, you must provide at least the following information:
(i) Full legal name;
(ii) CNPJ number;
(iii) Contact information, including email address and telephone number;
(iv) Registered office address;
(v) Corporate documents evidencing the company’s incorporation and its ultimate beneficial owners;
(vi) The users authorized to manage the Payment Account;
(vii) Government-issued photo identification, such as an RG identity card, CNH driver’s license, or passport, for the users authorized to manage the Payment Account; and
(viii) Documents evidencing the authority granted to the users authorized to manage the Payment Account.
You must also designate at least one Authorized User to manage the Payment Account, subject to a limit of three Authorized Users per legal entity.
For further information regarding the registration data collected, please review our Privacy Policy, available at https://www.arqfinance.com/pt-BR/legal.
The Customer is responsible for promptly notifying ARQ of any changes relating to:
The company’s ownership and control structure, including directors and ultimate beneficial owners, or UBOs;
The company’s controller, including its controlling shareholder or controlling party; and
Any changes to the persons authorized to sign or act on behalf of the company, including authorized signatories and representatives.
ARQ may request updated documentation and may deny, suspend, restrict, or revoke processing authorization based on the results of periodic reviews or reviews triggered by relevant events.
Only one registration per CNPJ will be permitted, as applicable.
ARQ will not accept any corporate Customer, including its UBOs or controllers, whose activities are unlawful, suspicious, or restricted from a regulatory perspective under Applicable Law, international standards, ARQ’s internal policies, or the criteria established by its financial partners.
This includes, without limitation, Customers or activities that:
Violate Applicable Laws or Sanctions;
Present a high risk of money laundering, terrorist financing, fraud, or reputational damage;
Fail to satisfy due-diligence requirements, including KYC and KYB requirements;
Conflict with regulatory rules or the rules of banks, acquirers, processors, or payment networks; or
Use opaque corporate structures or otherwise unduly increase compliance risk.
At its sole discretion, ARQ may reject onboarding, impose restrictions, suspend transactions, or terminate the relationship. ARQ may also require additional documentation or enhanced monitoring whenever the Customer’s risk profile becomes unacceptable.
PAYMENT ACCOUNT
You may add funds to your Prepaid Payment Account through Pix transactions made from the account of your choice. You may also make Pix transactions from your Payment Account to any other account in Brazil that accepts Pix as a payment method.
You acknowledge and agree that the Pix Services will be provided together with the Payment Partner, which will settle your Pix transactions through its connection to the SPI and provide the technological infrastructure required for the completion of Pix transactions in accordance with Central Bank rules.
For monthly transactions involving amounts that we consider material at our discretion, we must receive evidence of the source of funds or your Business’s financial and operational statements before we can complete the intended transaction.
We may offer you an ARQ Card linked to your Prepaid Payment Account if you request it through our Platform and accept the ARQ Card Terms of Use, available at https://www.arqfinance.com/pt-BR/legal.
IN-APP PAYMENTS
You may also use your Payment Account to make In-App Payments. These may include payments relating to the purchase and sale of Virtual Assets, payments relating to securities brokerage services, or payments for any other product or service that may be available on the ARQ Platform and provided by a different entity.
Any such products and services shall be governed by specific terms and conditions under separate agreements, which will be made available on the ARQ Platform and accepted by you before you access the relevant services.
In-App Payments that may be facilitated by Atlas Brasil or its Partners, as applicable, will always be made for your benefit.
You agree that you are responsible for correctly classifying the purpose of the Payment. ARQ may request, at any time, documents evidencing the provision of the specified service, including a service invoice, services agreement, or other supporting documents.
BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AUTOMATICALLY AGREE TO THE FEES CHARGED BY ATLAS BRASIL AND ITS PARTNERS, AS DISCLOSED TO YOU WHEN THE TRANSACTION IS CARRIED OUT.
PIX
Atlas Brasil acts as an indirect participant in Pix, offering its Customers instant payment services through a transactional account in accordance with regulations issued by the Central Bank of Brazil (“BCB”).
Customers may register a Pix Key—CNPJ, mobile telephone number, email address, or random key—exclusively linked to a payment account.
Through the Transactional Account Identifier Directory (“DICT”), the Central Bank’s system enables the management of such keys, including their portability between accounts held by the same person, except for random keys, as well as their voluntary or automatic deletion in cases of inactivity, account closure, or indications of irregular use.
In the event of an ownership discrepancy, the Customer may request possession of a key linked to their telephone number or email address.
The Customer may also delete their Pix Key at any time. Atlas Brasil may delete the key in the event of account closure, suspicious or fraudulent use, or inactivity for more than 12 months.
For security purposes, Atlas Brasil adopts the Pix Special Refund Mechanism (“MED”), which is intended to facilitate the return of funds where fraud or an operational failure is suspected.
In such circumstances, the funds may be provisionally blocked, in whole or in part, when credited to the recipient’s account, for up to 72 hours.
If no irregularities are identified following the analysis, the funds will be released immediately.
If fraud is confirmed, the user’s Pix Key may receive notations in the DICT indicating repeated suspicions as a preventive measure.
Furthermore, where the refund is not immediate, successive attempts may be made to partially block the funds up to the amount involved, for a maximum period of 90 days from the date of the refund request, in all cases in accordance with Central Bank regulations and the Pix Manual.
FEES
In consideration for the Services provided to you through the Platform, you agree to pay us the applicable fees in accordance with our fee schedule available on the Platform, or on any other page that we may specify.
We may revise or update the fee schedule at our sole discretion from time to time.
Amendments to the fee schedule shall become effective on the date established in the relevant revision and shall apply prospectively from that date.
Please also note that the fees payable to us and to our Partner or Partners for providing the Services to you will be included in the fee schedule.
ANTI-MONEY LAUNDERING AND SANCTIONS
You represent that you are aware of and will comply with Brazilian anti-money laundering laws, including, without limitation, Federal Law No. 9,613 of March 3, 1998, and counter-terrorist financing laws, as established by Federal Law No. 13,260 of March 16, 2016.
You acknowledge that we and our Partners are institutions subject to specific rules relating to AML, counter-terrorist financing, and economic sanctions issued by regulatory authorities, as well as international rules concerning such matters.
As a result, we cannot, or have a policy not to, establish relationships or deal directly or indirectly with persons or entities, including, without limitation, governmental bodies, agencies, or instrumentalities, or support activities that:
(i) Are subject to sanctions administered or imposed by the United Nations Security Council, the United States Department of the Treasury’s Office of Foreign Assets Control, the European Union, or His Majesty’s Treasury, collectively referred to as the “Sanctions”; and/or
(ii) Are located, established, or resident in Sanctioned countries or territories.
You represent on your own behalf and, in the case of legal entities, on behalf of your managers, owners, controllers, and employees that:
(i) None of such parties is directly or indirectly the target of Sanctions or is located, established, or ordinarily resident in a Sanctioned country or territory;
(ii) Your use of the Services under these Terms and Conditions will not directly or indirectly involve any person or entity that is the target of Sanctions or that is located, established, or ordinarily resident in a Sanctioned country or territory; and
(iii) The funds used by the relevant party to satisfy its obligations or make payments under these Terms and Conditions will not be derived, directly or indirectly, from activities conducted in or with any person or entity that is the target of Sanctions or that is located, established, or ordinarily resident in a Sanctioned country or territory.
You acknowledge that the ARQ Entities and our Partners may, in accordance with the laws and regulations referred to above, refuse to provide the Services to you or process transactions that do not comply with their policies, procedures, and internal controls at any time and without liability.
You agree to notify the ARQ Entities immediately of:
(i) Any violation of anti-money laundering, counter-terrorist financing, or economic sanctions rules;
(ii) Any breach by you of any representation contained in this provision; and/or
(iii) Your inclusion, or the inclusion of your majority owner or owners or controlling person or persons in the case of a legal entity, on any of the Sanctions lists referred to above, or if you otherwise become the target of Sanctions.
If requested by the ARQ Entities, you agree to provide us, our Partners, and the ARQ Entities with information and supporting documents demonstrating and confirming the regularity of your activities and status, as well as your compliance with these representations.
The ARQ Entities reserve the right to suspend performance or terminate the provision of the Services if you become the target of Sanctions, whether directly or because Sanctions apply to your majority owner or owners or controlling person or persons in the case of a legal entity, where such performance and/or continuation of the agreement would result in a violation or expose the ARQ Entities to restrictions under any Sanctions.
DISCLAIMER OF LIABILITY
WE SHALL NOT BE LIABLE FOR ANY RISKS OR ADVERSE RESULTS RELATING TO TRANSACTIONS REQUESTED AND CARRIED OUT BY YOU.
Except to the extent required by Applicable Law, we shall not be liable to any person for any direct, punitive, special, indirect, consequential, incidental, or similar damages arising in connection with these Terms and Conditions, your use or attempted use of the Services, or any information, services, or transactions contemplated by these Terms and Conditions.
CUSTOMER RESPONSIBILITY
It is strictly prohibited to use the Platform in violation of these Terms and Conditions or for any unlawful purpose.
You shall be fully responsible for any losses, expenses, or other costs incurred by us, including attorneys’ fees, caused by your conduct relating to or arising from:
(i) Your use of the Services, where such conduct is intentional, reckless, or negligent;
(ii) Your failure or willful misconduct in complying with data-protection rules;
(iii) Any abuse by you of any service available on the Platform; and/or
(iv) Your use of the Platform to carry out Pix transactions not permitted under Resolution 1/20, including, without limitation, the transactions described in Article 90-A of such regulation.
If we, any ARQ Entity, and/or any Partner become subject to a third-party claim as a result of your conduct, we may recover from you any losses, expenses, or other costs incurred by us as a result of such claim.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE, AND WILL NOT HOLD US LIABLE, FOR MANAGING AND MAINTAINING THE SECURITY OF YOUR PAYMENT ACCOUNT LOGIN CREDENTIALS AND ANY OTHER REQUIRED FORMS OF AUTHENTICATION, INCLUDING YOUR API KEYS. YOU FURTHER AGREE AND UNDERSTAND THAT WE ARE NOT RESPONSIBLE, AND YOU WILL NOT HOLD US LIABLE, FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PAYMENT ACCOUNT.
The Customer must keep their login credentials, passwords, devices, and other authentication mechanisms used to access the Atlas Brasil Platform confidential and secure. Such information and devices must not be shared with third parties.
The Customer must change them immediately if they suspect that they have been compromised and must implement supplementary security measures.
The Customer is responsible for any improper use of their credentials and devices.
Atlas Brasil shall not be liable for losses resulting from negligence or failure to maintain control over such information.
The Customer must immediately report any loss, compromise, or improper use of access credentials or devices.
Atlas Brasil may employ security and monitoring mechanisms and, in the event of unusual behavior, contact the Customer or suspend the Payment Account as provided in these Terms and Conditions.
Transactions shall only be carried out upon the Customer’s request, and the Customer assumes full responsibility for the information provided.
The Customer must verify the information before submitting a transaction and acknowledges that, once executed, Transactions are generally irreversible.
You must notify us as soon as possible of any security breach by sending an email to help.br@arqfinance.com and including all details relating to the breach.
You agree that you will not use the Services in any manner that may violate AML regulations, Sanctions, or any other relevant regulations.
INTELLECTUAL PROPERTY RIGHTS
The Services, including all information and content contained therein, such as text, software, scripts, graphics, photographs, and interactive features, collectively referred to as the “Content,” provided as part of the Services shall at all times belong to the ARQ Entities or to the persons that have licensed such Content to us.
The Content is protected under the copyright laws of your own country and international copyright laws.
Furthermore, the “ARQ” and “ATLAS BRASIL” trademarks, service marks, icons, graphics, trade names, designs, and logos contained therein (“ARQ Marks”) are owned by the ARQ Entities.
Any trademarks belonging to our Partners are owned by the respective Partners and may not be used under any circumstances without their prior express consent.
You do not have, and will not acquire, any right, title, or interest in any of the Marks.
The ARQ Marks may not be used in connection with any product or service that does not belong to the ARQ Entities, in any manner likely to cause confusion among Customers, or in any manner that disparages or discredits the ARQ Entities.
The Content available through the Services is provided to you as is for informational purposes and may not be downloaded, copied, reproduced, distributed, transmitted, displayed, sold, licensed, or otherwise exploited for any other purpose without the prior written consent of the ARQ Entities or the respective owners or licensors.
We reserve all rights in and to the Content that are not expressly granted.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information concerning the Services provided by you are not confidential and shall become the exclusive property of the ARQ Entities or the Partners, as applicable.
You agree not to use, copy, distribute, or create derivative works from any Content except as expressly permitted herein.
You agree not to circumvent, disable, or otherwise interfere with any available security features or any features that prevent or restrict the use or copying of Content or enforce any limitation set forth herein.
Any software that we may provide to you as part of the Services is subject to these Terms and Conditions.
The ARQ Entities, as applicable, reserve all rights in the software that are not expressly granted by us herein.
Any third-party scripts or code linked to or referenced in the Services are licensed to you by the third party that owns such scripts or code and not by the ARQ Entities.
TAXES
You are solely responsible for any other taxes that may be imposed on the Services provided, as well as for any ancillary obligations and reporting or compliance duties required by direct or indirect tax authorities.
Neither we nor our Partners shall be responsible for any taxes that you may be required to pay to such authorities as a result of your use of the Services.
TERMINATION OF THE TERMS
These Terms and Conditions shall continue to apply until terminated by either party as set forth below, unless otherwise provided under Applicable Law.
You may stop using the Services and terminate these Terms and Conditions immediately and without any termination fee at any time by notifying us at help.br@arqfinance.com.
We reserve the right, at our discretion, to terminate these Terms and Conditions without cause and at any time by providing you with at least thirty days’ prior notice.
Upon the occurrence of any of the circumstances below, we shall have the right, without prior notice and as applicable, to:
(i) Restrict or freeze your Prepaid Payment Account;
(ii) Restrict, freeze, or terminate your access to the Services; and/or
(iii) Take any other measures that, in the reasonable opinion of Atlas Brasil or our Partners, as applicable, are necessary to prevent adverse consequences for the ARQ Entities, the Partners, our Services, any Customer, or any other party.
Such measures may be taken in the event of:
A violation or suspected non-compliance with any Applicable Law;
Failure to make any payment due to the ARQ Entities;
A material breach of any provision of these Terms and Conditions or any other agreement entered into between you and any ARQ Entity, unless such material breach is remedied within thirty days after written notice thereof;
Your Payment Account remaining inactive and having a zero balance for more than six consecutive months;
Transactions outside ordinary usage patterns being identified and your failure to comply with a request to provide new documents demonstrating the regularity of such transactions; or
Illegal or fraudulent transactions being carried out through your Prepaid Payment Account.
If you use the Pix Services, we may debit funds from your Payment Account without prior authorization or notice where fraud is suspected in a Pix transaction or where an operational failure occurs in the information technology system of any participant involved in the transaction.
Furthermore, if you use the Pix Services, you acknowledge and agree that these Terms and Conditions shall be automatically terminated if our Partner is no longer comfortable settling your transactions or is required to stop doing so in order to comply with its internal policies.
If the Services are immediately cancelled by us or our Partner because of illegal or fraudulent transactions, particularly transactions that cause losses to third parties, you shall be responsible for any compensation and/or reimbursement that may be payable to such good-faith third parties.
Accordingly, we may block your Payment Account and use the available balance for that purpose.
Upon termination of these Terms and Conditions, all legal rights exercised and all obligations and liabilities assumed by either party under these Terms and Conditions, or that accrued during the period in which these Terms were in effect, or that are expressly intended to continue indefinitely, shall not be affected by termination.
Subject to Applicable Law and unless otherwise provided herein or required by a governmental authority for AML or any other legal purpose, when these Terms are terminated by either party, you shall be entitled to a refund of any available balance in your Payment Account, which will be deposited into your preferred account.
AMENDMENTS AND REVISIONS
We may introduce innovations, improvements, developments, or new functionalities to be provided by us, our Partners, or other service providers through the Platform.
We may also unilaterally change the names, logos, or features of the Platform without your consent, in which case we will notify you by email or through the Platform.
COMMUNICATIONS AND NOTICES
All information will be made available or provided to you in an easily accessible manner, in Portuguese and any other languages supported by us.
You agree that we may send notices and other communications to you through the Platform, by email, or through any other reasonable means regarding any matter relating to your use of the Platform, including these Terms and Conditions, any revisions or amendments to the Terms and Conditions, and any notices or disclosures concerning the Platform.
You must notify us immediately and without delay in the following urgent circumstances:
(i) Loss, theft, unauthorized use, or a security breach; and
(ii) Your disagreement with an amendment or revision to these Terms and Conditions and your intention to terminate these Terms and Conditions.
You agree that all communications relating to your use of the Platform shall be sent to us exclusively through the designated email address help.br@arqfinance.com.
GENERAL PROVISIONS
We shall not be responsible for any failure or delay in performing our obligations under these Terms and Conditions, or for any unavailability of the Services, caused in whole or in part, directly or indirectly, by any force majeure event beyond our reasonable control.
You acknowledge and agree that we and our Partners may, at our sole discretion, cancel or suspend your Pix transaction or In-App Payment if we consider it suspicious.
You further acknowledge and agree that we will report to the Central Bank, the Brazilian Financial Intelligence Unit (“COAF”), or any other body prescribed by law, any transactions that may fall within the scope of Law No. 9,613 of March 3, 1998, concerning money laundering or the concealment of assets, rights, and valuables, and any other relevant legal provisions concerning such matters.
We may, as applicable, assign any of our rights and obligations under these Terms and Conditions to any individual or legal entity at any time by providing you with prior notice, provided that the assignee continues to comply with all obligations assumed by us, as applicable.
Our failure to exercise any right granted under these Terms and Conditions or Applicable Law, or our acceptance of late payments without charging fines or penalties, shall not prejudice our subsequent exercise of the same rights.
If one or more provisions contained herein are found to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired in any way.
GOVERNING LAW AND JURISDICTION
The interpretation and scope of these Terms and Conditions shall be governed by the laws and regulations in force in the Federative Republic of Brazil.
Any dispute arising from your use of the Services shall be submitted to a Brazilian State Court, which shall prevail over any other court, regardless of how privileged such other court may be, and shall be governed by the laws of the Federative Republic of Brazil.
YOU REPRESENT THAT YOU HAVE READ AND ACCEPT THE FULL CONTENT OF THESE TERMS AND CONDITIONS AND THAT, UPON REQUESTING THE SERVICES, YOU ARE BOUND BY AND SUBJECT TO THE RIGHTS AND OBLIGATIONS PROVIDED HEREIN.
ANNEX A
Definitions
“Central Bank” means the Central Bank of Brazil.
“CNPJ” means the National Register of Legal Entities maintained by the Ministry of Finance.
“CPF” means the Individual Taxpayer Registry maintained by the Ministry of Finance.
“Prepaid Payment Account” means the prepaid payment account offered by Atlas Brasil.
“Content” means all information and content, such as text, software, scripts, graphics, photographs, and interactive features, made available as part of the provision of the Services.
“ARQ Entities” means all entities within the ARQ economic group and any other entities that provide virtual-asset services, securities purchase and sale services, and international credit-card issuance services, either directly or through partnerships entered into with entities duly regulated abroad to provide such services.
“Applicable Law” means any and all laws, statutes, rules, regulations, orders, or determinations issued by any regulatory or governmental authority in any jurisdiction to which you are subject from time to time.
“Marks” means the “ARQ” and “ATLAS BRASIL” trademarks, service marks, icons, graphics, trade names, designs, and logos.
“Partners” or “Partner” means any entity selected by Atlas Brasil to process payments within the application and enable other services, including Pix, the intermediation of purchases and sales of Virtual Assets, and other transactions that may or may not involve a foreign-exchange transaction.
All Partners selected by Atlas Brasil must hold the appropriate authorization from the competent authority to provide such services.
“Legal Entity” or “Business” means an individual microentrepreneur, individual entrepreneur, single-member limited-liability business company, or limited-liability business company.
“ARQ Platform” or “Platform” means the Business website and/or application through which Customers will access the Services.
“AML” means anti-money laundering.
“Resolution 1/20” means Resolution No. 1, issued by the Central Bank on August 12, 2020, which regulates Pix.
“Services” means the services described in the first section of these Terms and Conditions.
“SPI” means the Brazilian Instant Payment System, a clearing and settlement infrastructure operated by the Central Bank that is responsible for processing Pix transactions.
“Terms and Conditions” means these terms and conditions governing the use of the services provided by Atlas Brasil.
“Credit Card Terms of Use” means the Terms of Use governing the issuance by Atlas Brasil of a credit card linked to the Prepaid Payment Account offered by Atlas Brasil.
“International Credit Card Terms of Use” means the Terms of Use governing the issuance by the ARQ Entities of an international credit card collateralized by Virtual Assets.
“Authorized User” means the individual who registered the Customer on the ARQ Platform following verification of the Legal Representative’s identity and/or any other individual subsequently designated or added to the Platform environment by the first Authorized User or the Legal Representative.
Effective Date: July 20, 2026
