TERMS AND CONDITIONS OF SERVICE
Colurs (hereinafter, “Colurs”) is the owner of the Colurs App, through which user registration is made, and information about its products and services is provided. Through the website www.colurs.io, indexing, location, identification, determination of preferences, interests, and tastes of consumers are achieved, while also providing customer service. Colurs is responsible for processing your personal information in relation to all the information it collects and receives from you when you use the website or contract our products and services.
By accessing, using, or registering on our website, application, or any related platform, you agree to fully comply with these Terms and Conditions of Service (hereinafter, “Terms”).
Any person who registers on the application will be considered a “user” and expressly, automatically, and voluntarily accepts the legal notice in force at the time of registration, as well as the specific conditions that may apply. Therefore, we recommend that you carefully read its content if you wish to access and use the information, products, and services offered.
1. Definitions
Colurs API: refers to the APIs provided to you by Colurs as a service, including, but not limited to, APIs that facilitate your access to Colurs Services and/or the Colurs Platform and any service, function, and feature made available through these APIs by Colurs or on its behalf.
API: “Application Programming Interface,” refers to the interface that connects Colurs’ software with the CLIENT’s software.
Application: refers to any application developed or provided by Colurs that allows you to use or otherwise access the Service and/or the Account.
Regulatory Authority: means any foreign, national, state, federal, cantonal, governmental, local, executive, legislative, judicial, administrative, supervisory, or regulatory authority, agency, quasicorporate authority, court, commission, government organization, self-regulatory organization, tribunal, arbitration panel, or supranational organization, or any division or instrumentality thereof, including any tax authority.
Client: refers to legal or natural persons who contract the services of Colurs, also known as CONTRACTORS.
Technology Infrastructure Usage Fee: Fee applied to Users for using Colurs’ technology infrastructure. Colurs may modify this fee at any time without requiring authorization from the Client or the User.
Bank Account: refers to the User’s bank account with an authorized bank linked to the Colurs Platform.
Concentrator Account: A bank account registered under Colurs’ name that allows for automatic tracking and reconciliation of payments and other bulk or batch transactions made by the CONTRACTOR.
Account: refers to a User account opened, maintained, and/or used with Colurs to access the Colurs Platform and/or acquire any Service.
Personal Data: refers to data that identifies a person or relates to an identifiable person. This includes information you provide to Colurs, information automatically collected about you, and information obtained by Colurs from third parties.
Intellectual Property Rights: refers to (a) copyrights, patents, database rights, and rights over trademarks, designs, technical knowledge, and confidential information (whether registered or not); (b) applications for registration, and rights to apply for registration, of any of the above rights; and (c) all other intellectual property rights and forms of equivalent or similar protection existing worldwide.
Payment Disbursement: Disbursement service that simplifies financial management by allowing multiple payments through a single banking operation using a concentrator account, where the client’s funds are stored, from which transfers are made to all accounts authorized by the client. The advantage is that it eliminates the need for multiple checks or bank transfers.
Colurs Affiliates: refers to the group of companies related to Colurs, either by control or common ownership.
Know Your Customer (KYC)/Anti-Money Laundering (AML)/Anti-Terrorist Financing (ATF): refers to the process of identifying and verifying customers to prevent financial crimes.
Applicable Laws: refers to all relevant laws (including common law), statutes, principles of equity, standards, regulations, principles, and regulatory requirements, notices, orders, mandates, court decisions, statutes, resolutions, directives, proclamations, circulars, mandatory codes of conduct, guidelines, practice notes, and interpretations applicable to the provision, receipt, or use of Services.
Restricted Lists: refers to lists of persons and entities involved in suspicious activities, investigations, sanctions, proceedings, or convictions for money laundering and terrorism financing, both nationally and internationally.
Trademarks: means “colurs.io”, “Colurs” and all logos, trademarks and/or service marks related to the Services and/or
the Colurs Platform, whether or not registered by Colurs or its licensors.
User Materials: refers to the documents, reviews, posts, information data, and comments that you or other Users provide to Colurs on the Colurs Platform, including your Intellectual Property Rights.
Fiat Currency: means any national or supranational currency issued by a government or central bank.
Written Notice: means a written communication sent by either Party through any of the authorized communication channels in this User Agreement.
Commercial Offer: Offer of products and/or services provided by COLURS. This includes technical features of the offered product and/or service, terms and conditions, fees, among others.
Payment Gateway: A service that automates the payment operation between the buyer and the seller through computer processes that verify, accept, or reject transactions on behalf of the merchant through secure internet connections.
Colurs Platform: refers to the digital platform that Colurs may make available to you through the Service and/or by accessing the Account through various means, including the Website, the Application, Colurs API, and any other means Colurs may define from time to time.
Privacy Policy: refers to Colurs’ privacy policy, with its modifications, additions, or replacements from time to time.
Travel Rule Regulation: means the guidelines or regulations applicable to VASPs (Virtual Asset Service Providers) for the prevention of money laundering and terrorism financing.
Representatives: means any agent, director, or executive of Colurs.
Sandbox: Controlled testing environment for knowledge of COLURS’ software and APIs.
Services: refers to any service made available or delivered by Colurs through the Platform, the Application, or Colurs’ APIs, and any other service described in this document, as it may be modified from time to time.
Website: refers to Colurs’ website at www.colurs.io.
SMS: Short Message Service or text messaging services.
Top up: Refers to the reloading of resources that the customer performs to their personal wallet, through COLURS’ systems.
Transaction: refers to any operation and/or transaction involving assets/products permitted by Colurs on the Colurs Platform.
User: refers to any individual or person for whom Colurs maintains or continues to maintain one or more Account(s) for the provision of Services, including THE CONTRACTOR.
Users: refers to individuals or legal entities with whom the CONTRACTOR has a contractual and/or commercial relationship, and to whom COLURS makes disbursements on behalf of the CONTRACTOR. In all cases, it is understood that COLURS does not have a contractual relationship with the users.
Wallet: Interface that stores the keys to execute a transaction with Virtual Assets.
2. Purpose
By using our Platform as a User, you acknowledge that you are freely, voluntarily, and electronically entering into a Platform Use Agreement with us. This agreement includes these terms and conditions, our Privacy Policy, and any other binding document published on our Platform or made available to you by any other means.
For Users to give their consent to this agreement, they must (i) have the legal capacity to enter into a binding contract or to perform legal acts on their own behalf, (ii) have read and accepted these Terms and Conditions, and (iii) comply with any other requirements we deem appropriate.
3. Use of the Service
Permitted Use: You agree to use our services only for legal purposes and in accordance with applicable local, national, and international laws. In particular, you agree not to:
- Conduct transactions that violate intellectual property rights or that are fraudulent.
- Use the services for activities related to money laundering, terrorist financing, or any other activity prohibited by law.
Fees and Charges: The use of certain services, such as ON/OFF Ramps and payment gateways, may be subject to fees and charges, which will be detailed on the platform before completing a transaction. You agree that these fees may change without prior notice.
Modifications: We reserve the right to modify, suspend, or discontinue the services at any time, and such modifications will be communicated to you through the platform.
Your Privacy
Please review our Privacy Policy located at https://www.Colurs.com/privacy (“Privacy Policy”) to understand our commitments to maintaining your privacy. You agree to the collection, use, and disclosure of information as described in the Privacy Policy.
Account Communications
We may send you emails related to the Service, including notices, updates, and changes to the Terms. We may also send you promotional emails and materials about Colurs products and services, from which you may unsubscribe by following the instructions provided in the email.
Suspension and Termination
We reserve the right to temporarily suspend or terminate your access to the Service at any time at our sole discretion, with or without cause, and with or without notice, without incurring any liability. For example, we may suspend or terminate your access to or use of the Service for: (a) actual or suspected violation of these Terms; (b) use of the Service in a way that may cause Colurs to have legal liability or interrupt other users’ access to the Service; and (c) scheduled downtime and recurring downtime, or unplanned technical issues and outages.
Unacceptable Use
You will not use, nor encourage or assist third parties to: (a) use unauthorized means to access the Service or use any automated process or service (such as a bot, spider, or periodic caching of information stored by Colurs) to access or use the Service, or distribute instructions, software, or tools for that purpose; (b) modify, alter, manipulate, repair, or create derivative works from the Service; (c) interfere with or disrupt the servers or networks used by Colurs to provide the Service; (d) damage, disable, overload, or impair the Service (or any network connected to the Service); (e) use another user’s account at any time except through a mechanism provided by Colurs and authorized by the user; (f) use the Service in any way or for any purpose not expressly permitted by these Terms, the Privacy Policy, any user guide of Colurs, and policies available through the Service (“Policies”); (g) engage in illegal or fraudulent activities, perpetrate a scam, or engage in phishing schemes, forgery, or other similar data manipulation; (h) send junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (i) advertise or promote a commercial product unless your account is subject to a separate agreement that governs that relationship and your compensation to Colurs. Colurs may determine, at its sole discretion, whether and what action to take in response to an alleged violation of these Terms, and any action or inaction in a particular case will not dictate or limit our response to a future complaint.
Product Updates
Colurs may, at its sole discretion, deploy unscheduled changes, updates, or improvements to the Service at any time. We may add or remove functionalities or features, and we may discontinue the Service entirely. Depending on your device settings, we may automatically check your App version and automatically download new versions of the App to your device.
License and Restrictions
Colurs grants you a personal, non-transferable, non-exclusive license to use the Service as provided by Colurs. This license is conditioned and restricted by the terms and conditions in these Terms. Additionally, this license is for personal and non-commercial use. You may not (nor permit anyone else to) copy, modify, create a derivative work, reverse engineer, decompile, or attempt to extract the source code of the Service, or any part thereof, except (and only) to the extent permitted by applicable law. You may not assign (or grant a sublicense of) your rights to use the Service, grant an interest in or over your rights to use the Service, or otherwise transfer any part of your rights under these Terms. If Colurs provided you access to any of the Services (e.g., a mobile app) in exchange for a fee, this license is conditioned on the payment of any fees due. These Terms do not grant you any right or permission to copy, distribute, modify, or otherwise use any application programming interface, notwithstanding any contrary provision. No title or ownership of any proprietary rights related to the Service is transferred to you under these Terms. All rights not expressly granted to you under these Terms are reserved by Colurs.
Colurs Trademarks and Feedback
Colurs does not grant you any license or consent to use or display in any manner Colurs’ trademarks, service marks, logos, or slogans. If you provide us with feedback, suggestions, or recommendations regarding the Services (including modifications, improvements, upgrades, or suggested changes to the Services, or any feature or function of the Services) (collectively, “Feedback”), you grant us and our affiliates a worldwide, royalty-free, irrevocable, perpetual (with the right to grant and authorize sublicenses) license to make, have made, use, import, offer for sale, sell, reproduce, distribute, modify, adapt, prepare derivative works of, display, publicly perform, and otherwise exploit such Feedback without restriction, even in connection with the Services and any updates, extensions, or successive versions of the Services.
4. User Content
Your Content
You are responsible for the content you provide or make available through the Service (“User Content”), or that other users provide or make available. Colurs will not be held responsible for any result arising from the deletion, correction, destruction, damage, loss, or failure to store or encrypt any User Content. If your access to the Service is suspended or terminated, you will not have access to the User Content.
Sharing Content
If you enable features that allow you to share User Content with others, anyone with whom you share User Content (including the general public, in certain circumstances) may have access to your User Content.
License
By this, you grant Colurs and its contractors the right to use, modify, adapt, reproduce, distribute, transmit, display, and disclose User Content as reasonably necessary to provide the Service or as otherwise permitted by these Terms. You represent and warrant that: (a) you have all the rights in the User Content you provide necessary for you to use the Service and grant the rights under these Terms; and (b) the storage, use, display, reproduction, distribution, modification, adaptation, or transmission of such User Content does not violate any law or these Terms.
Responsibility
You will be: (a) solely responsible for the nature, quality, and accuracy of the User Content; (b) ensuring that the User Content (including its storage or transmission) complies with these Terms and all applicable laws and regulations; (c) handling and resolving promptly any notice or claim related to the User Content, including notices sent by anyone who claims that any User Content violates the rights of any person, such as takedown notices under the Digital Millennium Copyright Act and any other notices; and (d) maintaining adequate backup copies of the User Content, which may include using additional encryption technology to protect the User Content from unauthorized access.
Inappropriate Content
You will not store or transmit inappropriate User Content, including any User Content that: (a) contains illegal, defamatory, threatening, pornographic, abusive, defamatory, or otherwise objectionable material of any kind or nature; (b) contains material that encourages conduct that could constitute a criminal offense; (c) violates the intellectual property rights or publicity or privacy rights of third parties; (d) contains or uses computer viruses or other harmful or damaging code, files, or programs such as trojans, worms, time bombs, cancelbots, or spyware; or (f) harms, threatens, or harasses another person, organization, or Colurs.
5. Registration and User Account
1. Account Creation: To access the services offered, you must create an account with us. During registration, you will be asked to provide accurate and truthful information, which may include your name, email address, financial information, and, in some cases, additional information to comply with security regulations.
2. Identity Verification: For the provision of services, you may be required to go through an identity verification process (KYC, which stands for “Know Your Customer”), which includes verifying personal documents and/or proof of residence.
3. Account Responsibility: You are responsible for maintaining the confidentiality of your account and password and agree to immediately notify the company of any unauthorized use of your account or if you suspect any security breach.
6. Payments and Transactions
Payment Processing: By using our payment gateway solutions, you authorize Colurs to process payments for transactions made through our infrastructure, in compliance with the regulations and standards of the involved payment systems.
7. Privacy and Data Protection
Privacy Policy: The use of our services is subject to our Privacy Policy, which explains how we collect, use, and protect your personal information, including payment transactions and data related to the payment gateway.
8. Limitation of Liability
1. Exclusion of Liability: To the fullest extent permitted by law, Colurs shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from the use or inability to use our services.
2. Service Interruptions: We are not responsible for service interruptions caused by technical failures, scheduled maintenance, force majeure, or acts beyond our control.
9. Modifications to the Terms
We reserve the right to modify these Terms at any time. Modifications will be posted on this page and will take effect immediately upon publication. We recommend that you review this page regularly to stay informed of any changes.
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