Due Network Argentina SRL | Client Terms
General
Due Network Argentina S.R.L. (“Due Argentina”) is a private limited liability company registered and incorporated under the Laws of Argentina with company registration number 2024182 and whose registered office is Tucuman 1, piso 4, CP1049, Ciudad Autónoma de Buenos Aires, Argentina. Due Argentina is registered as a Due Network Argentina S.R.L. (“Due Argentina”) is a limited liability company registered and incorporated under the laws of the Republic of Argentina, registered with the Inspección General de Justicia under number 2608 of book 175 of SRL, with CUIT 33-71889149-9, and with registered office at Tucumán 1, 4th floor, CP1049, Autonomous City of Buenos Aires, Argentina.
Due Argentina is registered as a Proveedor de Servicios de Activos Virtuales (“PSAV” or “VASP” for its English acronym) under number 174 in the Registro de Proveedores de Servicios de Activos Virtuales with the Comisión Nacional de Valores (CNV).
These Terms and Conditions (“Terms” or “Terms and Conditions”), together with our Privacy Policy, govern the relationship and constitute a legal agreement between:
- You, the Client
- Us, Due Argentina
By entering into this agreement, you agree that we will provide you with services related to virtual assets (services that allow you to exchange fiat currency for virtual assets or vice versa). We may also work with other subsidiaries and/or affiliates of the Due Group (“Due Group company(ies)”) and/or third parties, including exchanges, partner payment service providers or banks, to provide the services (the “External Third Party Providers”).
Depending on your location and/or the location of your beneficiary, these services may be provided by Due Argentina and/or our External Partner Providers. We will always display the entity providing the relevant services and the applicable terms before you confirm your transaction.
The Client declares that they have read, understood, and fully accepted these Terms and Conditions together with the Privacy Policy. Otherwise, they must refrain from using the Due Platform.
Account Creation
To use our virtual asset services, you must register for an “Account” (the “Account” or “Due Account”) and successfully complete the registration process on our online platform (the “Due Platform”), which may be in the form of a web application available at app.due.network or a mobile application. To register, we will request certain information to complete the appropriate Know-Your-Customer / Know-Your-Business (KYC/KYB) checks, which you will provide truthfully, accurately, and completely, under sworn statement, including but not limited to including but not limited to your full legal name and the legal name of your organization, your tax identification number or registration number; if you are an entity, (i) your country of residence or country of incorporation, along with your operating address, (ii) the information of your legal representative and authorized representatives; if you are an individual, your nationality, country of residence and legal address; your contact details; a description of your business activity, as further detailed in our Privacy Policy.
We may also ask that you provide additional information in order to comply with legal and regulatory obligations. You represent and warrant that all information provided to us pursuant to these Terms is true, accurate and not misleading in any respect. If any such information changes, it is your obligation to update such information as soon as possible. Failure to provide such information, if requested by us, in a timely fashion may result in the suspension (until you provide such information) or the closure of your Account.
We reserve the right to maintain your account registration information after you terminate your Account for business and regulatory compliance purposes, subject to applicable laws and regulation.
Client Representations and Warranties
By accessing or using your Account and these services you represent and warrant that:
- you are at least 18 years old,
- you will only use our services for legitimate reasons;
- the use of these services in your jurisdiction is permitted by applicable law;
- you do not reside in, nor act on behalf of, any persons or entities in jurisdictions where Due Network is not authorized to offer or promote its services;
- you also understand that there are additional representations and warranties made by you elsewhere in (or by reference in) these Terms and that any misrepresentation by you is a violation of these Terms.
If you are located in a jurisdiction where local regulations restrict or prohibit access to our services, you must not access or use them. Due Network may refuse to provide services in areas where local laws or regulatory restrictions apply.
In registering to use the Account on behalf of an entity, you represent and warrant that:
- such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization;
- you are duly authorized by such legal entity to act on its behalf, and
- such organization (and any affiliate entity) must not have been previously suspended or removed from the Due Platform or any other service or product offered by Due or its affiliate entities.
By using our services, you acknowledge that Due relies on these representations and warranties in providing our services to you, and that any breach of these representations and warranties may result in account suspension, termination, or other consequences as determined by Due at our sole discretion.
Services
These Terms apply to the provision of Fiat Collection Services and Fiat Payment Services, where such services involve the exchange between fiat currency and virtual assets.
Fiat Collection Services refer to the services under which the client sends fiat currency to Due Network for the purpose of exchanging such fiat currency into virtual assets (“Fiat Collection Services”.
Fiat Payment Services refer to the services under which Due Network facilitates the payment of fiat currency to the client following the exchange of virtual assets into fiat currency (“Fiat Payment Services”).
Any reference in these Terms to services involving the exchange between fiat currency and virtual assets shall be understood as a reference to either Fiat Collection Services or Fiat Payment Services, as applicable.
Fiat Payout & Fiat Pay-in
If you wish to access and use our Fiat Payment Services or our Fiat Collection Services, you agree to allow Due Argentina to facilitate the exchange between fiat currency and virtual assets, and the payment of proceeds to an account or self-custody wallet that you designate.
● If you wish to purchase virtual assets, you may specify the amount of virtual assets you want to buy, and we will show you the cost in fiat currency (using the prevailing exchange rate at the time).
● If you choose to sell virtual assets, you may specify the amount of virtual assets you wish to sell, and we will show you the amount of fiat currency you will receive (using the prevailing exchange rate at the time).
If we accept your instruction to purchase virtual assets, we will provide you with deposit instructions indicating the account to which you should send the corresponding fiat amount. Once the funds are received, we, either directly or indirectly through one of the Due Group companies, will disburse the virtual assets to the self-custody wallet linked to your Due Account.
DUE ARGENTINA DOES NOT PROVIDE CUSTODY SERVICES FOR VIRTUAL ASSETS OR FIAT CURRENCY. YOUR ACCOUNT IS SELF-CUSTODIED.
Similarly, if we accept your instruction to sell virtual assets, you must provide us with the payment instructions to which you wish the fiat proceeds to be sent; thereafter, you will transfer your virtual assets to us following our instructions within the Due Platform. Once the virtual assets are received from your Account, we will either directly send the fiat proceeds to the external account you designated or work with another Due Group company to execute your instruction.
When processing your instructions, we will use the base currency of the recipient’s external account.
Limits
We may limit the amount of virtual assets you can buy with, or sell into, fiat currencies. We will inform you of any limits before accepting your order request.
Cancelling your order
Once your instruction is submitted, it is final. We will fulfil your instruction and you will not be able to cancel this instruction.
Sometimes, for reasons beyond our control, we may not be able to buy or sell virtual assets for you. If this happens, we’ll let you know. We will not be responsible for any losses you incur as a result.
Refusing your instructions
We may refuse your instruction to buy or sell virtual assets for any reason and at our sole discretion. If we do, we will not be responsible for any losses you incur as a result.
Supported virtual assets
We will show you the list of supported virtual assets in the relevant sections of the Due Platform. You may also find more information in the FAQ section of our website.
We may from time to time add or remove from the list of supported virtual assets without prior notice. Such changes may be made with immediate effect.
Internal transactions
We call transactions that do not involve settlement through a payment scheme for fiat transactions or on-chain transactions, “Internal Transactions”. Settlement finality provisions will not apply with respect to such Internal Transactions and you agree that the transaction will be deemed to have been settled upon crediting the beneficiary’s account.
Depending on your selected currency pair, we may process and settle one or multiple Internal Transactions within the Due Group companies in order to give effect to your Payout or Pay-in instruction(s).
Other Services. External Third Party Providers.
As mentioned, Due Argentina works with third parties, including exchanges, payment service providers, and banks, to fulfill its services.
Among these services is the payment account service provided by SG Financial Technology S.A. SG Financial Technology S.A. is limited to offering payment services and is not authorized to operate as a financial institution by the Central Bank of the Argentine Republic. Funds deposited in payment accounts do not constitute deposits in a financial institution, nor do they have any of the guarantees that such deposits may enjoy under applicable laws and regulations governing deposits in financial institutions.
You acknowledge and agree that, unless otherwise stated, any use of the Services available on the Due Platform will constitute a direct contract between the Client and the External Third Party Provider of those Services. The User acknowledges and accepts that the External Associate Provider may establish special conditions applicable to one or more Services, and that Due Argentina will not be part of the contractual relationship between the Client and the External Third Party Provider.
Fees
You accept to be bound by and pay any fees in relation to the provision of our services as set out below.
Fiat Payout fees
When you use our Fiat Payout service, we will charge a fee which will be shown in the dashboard before you confirm your transaction. The fee depends on the amount, the destination currency and the country to which you are sending the payment. This fee may also include fees that are charged by our third-party partners.
By confirming the transaction, you manifest your consent to the applicable fees.
Fiat Pay-in fees
When adding funds to your account using fiat currency, we will charge a small fee which will be indicated in the pay-in flow before you confirm the transaction. This fee depends on your location and the amount you wish to add, and may also include fees charged by our third-party partners.
By confirming the transaction, you manifest your consent to the applicable fees.
Exchange rate
The exchange rate applied to your transaction (and any spread) is set by us at the moment your order is accepted. Before you confirm an order we will display: (i) the exchange rate to be applied; (ii) a clear breakdown of the gross price, the fees charged by Due Network, and (iii) the net amount you will receive/send. The displayed price is binding only after you confirm the transaction on the Due Platform
Suspending or terminating your account
If your Due Account is suspended or terminated for any reason, we will also suspend your ability to access the services provided by Due Argentina and/or any entity in the Due Group
Any virtual assets you have previously purchased and deposited into your non-custodial cryptoasset wallet will remain yours but you will not be able to buy or sell any additional virtual assets in exchange for fiat through our platform.
Risks
Virtual assets are not fiat currency. “Virtual Asset” is understood as the “digital representation of value that can be traded and/or transferred digitally and used for payments or investments. Under no circumstances shall legal tender in the national territory or currencies issued by other countries or jurisdictions (fiat currency) be considered a virtual asset” in accordance with Article 4 bis of Law No. 25,246 (as amended by Law No. 27,739).
Due Argentina is not an issuer of cryptocurrencies and cannot guarantee their value, including in the case of stablecoins, which are cryptocurrencies designed to replicate the value of a fiat currency (such as the U.S. dollar). Due Argentina does not provide any type of advice and shall not be liable for losses arising from the volatility or operation of virtual assets.
In accordance with Article 36 of Chapter III of Title XIV of the RULES (Consolidated Text 2013 and amendments) of the National Securities Commission (Comisión Nacional de Valores), we inform you that by operating with virtual assets you are exposed to the following risks:
a) Virtual Assets are highly volatile and may be high-risk, and therefore investors must exercise extreme caution with respect to such products;
b) Virtual Assets are not covered by Law No. 26,831, unless they fall within the definition of negotiable securities under the terms of Article 2 of Law No. 26,831, nor within the powers granted to the National Securities Commission (Comisión Nacional de Valores) by Law No. 27,739, and therefore any offering documents or product information provided by the issuer have not been reviewed or approved by the Commission and, as applicable, by any regulatory authority;
c) a Virtual Asset is not legal tender in the Argentine Republic and, therefore, is neither issued nor backed by the government nor by national authorities;
d) transactions in Virtual Assets may be irreversible and, consequently, losses arising from fraudulent or accidental transactions may be unrecoverable;
e) the value of a Virtual Asset may derive from the continued willingness of market participants to exchange fiat currency for such Virtual Asset, which means that the value of a particular Virtual Asset may be lost entirely and permanently if the market for such Asset disappears. There is no guarantee that a person who accepts a Virtual Asset as payment at a given time will continue to do so in the future. Certain Virtual Assets may be accepted only by some VASPs and not by others;
f) the extreme volatility and unpredictability of the price of a Virtual Asset in relation to fiat currencies may result in the total loss of the investment in a short period of time;
g) legislative and regulatory changes may adversely affect the use, transfer, exchange and/or value of Virtual Assets;
h) Virtual Asset transactions are deemed executed only when they are recorded and confirmed by the trading platform, which does not necessarily coincide with the moment in which the client initiates the transaction;
i) the nature of Virtual Assets exposes them to risks of fraud or cyberattack;
j) the nature of Virtual Assets means that any technological difficulties experienced by the VASP may result in clients being unable to access their Virtual Assets;
k) the loss or theft of private keys may result in the total loss of access to Virtual Assets with no possibility of recovery; and
l) the networks on which Virtual Assets depend may experience interruptions or congestion due to technical issues, cyberattacks or other factors.
Legal
Changes to the Terms and Conditions
Occasionally we may make changes to these Terms and Conditions. We will publish details of any changes we make in the revised Terms and we will publish them on our website. The revised Terms and conditions will apply immediately from the time they are published unless otherwise stated and you will be able to see the “effective from” date.
We may also email you to tell you about changes to our Terms and conditions and it is your responsibility to ensure that any contact details we hold for you are correct and up to date.
If you are happy with our revised Terms and Conditions, you do not need to take any action. If you do not agree with our revised Terms you must stop using our services immediately and you will need to inform us in writing so that we can close your Account.
Limitation of liability
We exercise reasonable care to ensure that our services are not interrupted and are accessible on a continuous basis. We provide our virtual assets services on an “as is” basis. You use these services at your own risk and we cannot guarantee (except as may be required by applicable law) that our services will operate without any interruption, fault or technical error. In order to provide you with our services, we also rely on our third-party partner providers and we do not have any control over their services.
Due Argentina will not be responsible to you for any loss, whether direct or indirect, that arises in connection to your use of our virtual assets services.
We also assume no liability for any actions or omissions of any of our third-party partners. We will not be responsible for losses you incur or costs you have to pay arising as a result of legal or regulatory requirements, or events outside of our control.
Nothing in these Terms and Conditions removes or limits:
- our liability for death or personal injury resulting from our negligence, or from fraud or fraudulent claims or statements; or
- any other liability which, by law, cannot be removed or limited.
Indemnification
You agree to indemnify Due Argentina, its affiliates, and agents for any costs, claims, fines or damages of any kind (including loss of profits and/or reasonable legal costs) arising out of or relating to any actual or alleged breach of your representations, warranties, or obligations set out in these Terms and Conditions.
Voluntary Access
Due Argentina is an Argentinean PSAV with number 174 registered with CNV and subject to UIF’s oversight. As such, the products and services provided by Due Argentina on the Due Platform are authorised in Argentina. Depending on your jurisdiction, Due Argentina may not be authorised to promote our products and services without a licence.
If you reside in such a jurisdiction and still wish to use our products and services, by agreeing to these Terms, you are also confirming that you have read and understood the above and you are accessing the Due Platform on your own initiative without active promotion or solicitation from Due Argentina, our affiliates, or any representatives where we are not authorised to promote our products and services.
You represent and warrant:
- You have initiated contact with us of your own volition and without any prior solicitation, advertisement or direct marketing from Due Argentina;
- Your decision to use our products and services on the Due Platform is based solely on independent interest and research; and
- You understand that our products and services are not intended for clients within jurisdictions where we are not authorised to operate.
We shall not be held liable for any regulatory or legal obligations arising from the use of our services within a restricted jurisdiction.
Complaints
If you have any complaints regarding our services, please follow the procedure below:
- You can send your complaint by email to psav.argentina@due.network or contact us through our support channels: support@due.network.
- We will acknowledge receipt without undue delay and, in any case, within 10 business days.
- We will investigate and respond with our decision within 40 business days from the acknowledgment of receipt (or earlier, if applicable).
Complaints are free of charge for the Client.
Processing of personal data
We process your personal data to provide you with our virtual assets services. For more information about how we process your personal data, please see our Privacy Notice. We may share your personal data with companies in the Due Group for financial crime prevention purposes.
Miscellaneous
Only you and we have any rights under the agreement. You may not transfer or assign any of your rights or obligations under these Terms and Conditions.
Transfer and assignment
We can transfer or assign all of our rights and obligations under these Terms and Conditions to any third party without your permission and without providing prior notice.
Taxes
You may have to pay taxes or costs when you buy virtual assets. We are not responsible for collecting these from you, for making any payments on your behalf, or for providing any reports relating to tax.
Enforcing the agreement
If we fail or delay in exercising any right under these Terms, this will not prevent us from enforcing our rights at a later date.
Severability
The invalidity or unenforceability of any of the provisions of these Terms shall not affect the validity or enforceability of any other provision of these Terms. The invalid provision shall be severed from these Terms and all other portions of the Terms shall remain in full force and effect.
Applicable law
The Laws of Argentina apply to the agreement. The English version of these Terms applies and any translation we may offer is an office translation only.
Taking legal action
Any legal action between you and us will be subject to the jurisdiction of the courts of Argentina.
Contact, feedback and complaints
If you need to contact us in relation to these Terms and conditions or any other document mentioned in them, please email us at support+argentina@due.network
We value hearing from our users, and are always interested in learning about ways we can improve. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.
If you choose to contact us, we will treat any personal data you provide to us in accordance with our Privacy Policy.