HURST CAPITAL S.A. ("HURST"), a joint stock company, registered with the CNPJ/ME under No. 29.765.165/0001-36, headquartered at Rua Pedroso Alvarenga, 1284, 13º andar, Itaim Bibi, São Paulo - SP, CEP 04531-002, is the owner of the website(https://hurst.capital) ("Website"), the HURST application in the Google Play Store and the Apple App Store (both referred to as the "Application"), and our service platform ("Platform").
These Terms and Conditions of Use ("Terms") govern access to and use of the Website, Application and/or Platform by establishing the rules and guidelines for users and/or investors of HURST.
HURST reserves the right, at any time, to modify these Terms, which shall take effect immediately upon publication on the Website, Application and/or Platform.
1.1 Therefore, you as a user and/or investor, by using the Website, Application and/or Platform, acknowledge that you have freely and spontaneously analyzed and agreed to the conditions of use.
1.2 Please be aware that you may only use our Website, Application and/or Platform if you agree to these Terms and Conditions of Use and our Privacy Policy.
2.1 We are a platform for investments in real assets and tokens ("Digital Currencies", and together with the real assets, "Assets"), made available in the form of "Transactions", through our proprietary technology, including bringing together users who wish to buy or sell their own Assets ("Asset Market"). The Assets that are the object of each Transaction are linked to your account which, by means of public and private keys, allows you to store, send, receive and consult the Assets linked to it, which can be viewed through the Website, Application and Platform. Hurst does not act as a financial institution, asset manager, securities administrator or distributor.
2.2 By using the Website, Application and/or Platform, you expressly acknowledge that:
2.3 HURST does not accept registrations from minors under the age of 18 (eighteen), except if they are over the age of 16 (sixteen), emancipated by parental consent or by court decision, and in the other cases set out in Article 5, sole paragraph, of the Civil Code.
2.4 HURST shall use its best efforts to keep the content of the Website, Application and/or Platform up-to-date and complete, free of any defects or viruses.
2.5. HURST may change the content of the Website, Application and/or Platform at any time without prior notice.
3.1. The HURST Platform can be accessed via its Website and Application.
3.2 HURST shall use its best efforts to ensure the highest possible availability of the Website, Application and Platform for the service period 24 (twenty-four) hours a day, 7 (seven) days a week. However, HURST shall not be liable for any unavailability of the Website, Application and Platform for any period or at any time.
3.3 However, browsing the platform or any of its pages may be interrupted, limited or suspended for updates, modifications or any action necessary for its proper functioning without prior notice, or for reasons beyond HURST's control, including acts of God or force majeure.
4.1. Access to the functionalities of the Platform, Application and/or Website will require prior registration, by filling in the form available in the 'Open your account' option, in which you must provide your full details and it will be your sole responsibility to keep the information up to date, as well as your commitment to the veracity of the personal data provided.
4.2 You must accept these Terms and Conditions of Use and our Privacy Policy, otherwise your registration will not proceed.
4.3 You may only have one registration corresponding to a single account on our Platform, Application or Website.
4.4 HURST may, at any time, and at its sole discretion, deny registration or suspend, block or inactivate your registration without prior notice, without incurring a fine or any charge in the event, concomitant or not, of: (i) falsehood, inaccuracy, outdatedness or incompleteness of the information and documents provided by you; (ii) total or partial violation of any of the provisions of these Terms and Conditions of Use, or any other guideline published by HURST and of the legislation and other applicable rules; (iii) the impossibility of verifying your identity and/or evidence of a crime of ideological falsehood; (iv) the adoption of any behavior by you which, at the sole discretion of HURST, is incompatible with the objectives of the Platform, Application or Website; and (v) a request made by a competent authority.
4.5. Once your registration has been canceled, HURST will convert your balance in Assets into currency and transfer it to the bank account listed in your registration, except that in the event of suspicion of fraud or any other illegal activity, HURST may, in addition to resorting to the appropriate legal measures, withhold any funds or assets stored in your account or otherwise delivered to HURST, until the conclusion of the respective investigations.
4.6 Once you have completed your registration, access to your account on the Website, Application and/or Platform will be via the login and password you created.
5.1 You agree that you will keep your data confidential, and that you will comply with our guidelines set out in the Privacy Policy, as well as taking all necessary precautions to protect your smartphone, tablet or computer with antivirus tools.
5.2 In addition, you must take all necessary precautions when accessing your account on third party devices or public access networks, including but not limited to using strong passwords and not sharing data with third parties.
5.3 Passwords are individual, confidential and non-transferable, and it is your sole responsibility to inform the platform promptly in the event of a leak or misuse of your password.
5.4 You are responsible for all information and activities carried out on the Website, Application and/or the Platform by anyone using your e-mail address and password whether or not authorized by you.
5.5 Any breach of security, loss, theft or unauthorized use of a username, password or security information must be notified to us immediately.
6.1 The user and/or investor agrees to use this Website, Application and/or Platform in good faith, without using, uploading or transmitting any material:
6.2 You must ensure that your use of the Website, Application and/or Platform and the services is not detrimental to their stability and availability. Should this occur, you may be held liable for the damages you are proven to have caused under the terms of the applicable legislation.
7.1 HURST makes available on its Website, Application and/or Platform the services of deposit, withdrawal, negotiation and storage of amounts in Reais only for the support and viability of its Operations.
7.2 HURST securely stores the private keys relating to the amounts deposited in each user's account through a combination of online and offline storage. Due to this configuration, chosen for the sake of user security, there may be delays in processing the receipt of amounts in the account, crediting the account and/or sending amounts via the Website, Application and/or Platform, for which HURST shall not be liable for any such delay.
7.3 You must not attempt to use your account on the Platform to receive or send amounts that are not intended for use in the Transactions. Attempting to send, receive or improperly store valuables may result in the complete, definitive and irreversible loss of such valuables, and HURST is hereby released from any liability in connection with such acts and any losses arising from such situations.
7.4 HURST does not own or control the protocols and networks that govern the assets supported by the Website, Application and/or Platform, including, without limitation, blockchains where Transactions are recorded.
7.5 You acknowledge that HURST (i) does not offer advice or investment recommendations, and declares that it understands and accepts the risks inherent in and associated with activities and Transactions involving blockchains, including the possibility of changes to the protocols and networks that govern them in relation to their current operation, as well as the risks associated with the financial results (gains or losses) arising from such Transactions; nor (ii) defines the price at which Assets are traded, which is defined on a market basis, according to the supply and demand of the respective Asset.
(A) General guidelines
8.1. To participate in any Operation you must have an active registration with HURST, under the conditions that you have accepted these Terms and Conditions of Use and our Privacy Policy, as well as having your registration approved after filling in the form.
8.2 To participate in any Transaction you must also have a sufficient balance in Reais in your account, or the equivalent in Digital Currencies, depending on the transaction to be carried out, always observing the minimum amount stipulated for each Transaction and other applicable fees.
8.3 In order to have a balance in your account, you must make a corresponding deposit into the bank account held by HURST at Banco Itaú (341), Branch 0350, Current Account 32474-5 and wait for the deposit to be reflected in your logged-in area.
8.4 You are aware that each Transaction published on the HURST Website, Application and/or Platform represents a firm offer of investment and, once the contract has been signed, cannot be withdrawn under any circumstances.
8.5 By signing the contract, you acknowledge that the value of the Transaction will be deducted from your account balance and invested in the selected Asset.
(B) Secondary Asset Market Arbitrage
8.6 If you wish to buy or sell Assets, including but not limited to Ether (ETH), on the Asset Market, you must publish a buy or sell order on the Website, Application and/or Platform, as the case may be, by filling in the form available on the Website, Application or Platform. Before publishing your buy or sell order, you must have a sufficient balance in Reais (in the case of a buy order) or Digital Currency (in the case of a sell order) in your account to cover the offer you intend to make.
8.7 You declare that you are aware that each buy or sell order published on the Website, Application and/or Platform represents a firm offer to buy or sell, as the case may be, in accordance with the provisions of the applicable legislation, the characteristics of the Assets and the price referred to in the respective buy or sell order. The sale price of the Asset will be stated in the sale order and may be established by the user and/or based on the conditions of supply and demand for the given Asset at the time, without any involvement by HURST. You understand and agree that once your buy or sell order has been accepted by another user, the Trade will be executed automatically by the Asset Market and cannot be undone or modified.
8.8. Once your buy or sell order has been accepted, the amount in Reais (in the case of a buy order) or in Assets (in the case of a sell order) will be automatically transferred by the Asset Market: (i) Reais will be debited from your account (in the case of a buy order) and credited to the accepting user's account and, in return, the balance in Assets will be transferred from the accepting user's account to your account; or (ii) Digital Currencies will be debited from your account (in the case of a sell order) and credited to the accepting user's account and, in return, the equivalent of the balance in Reais will be transferred from the accepting user's account to your account.
8.9 If you wish to exchange your Assets for other Assets offered by the HURST Platform, and this exchange is supported by the Platform, you declare that your exchange offer represents two firm offers (a sale followed by an automatic purchase) and you agree that items 8.3, 8.4 and 8.5 above are applicable to the intended Asset exchange Transaction.
8.10. If you wish to cancel a buy order or sell order published and not yet accepted by another user, you may do so through the Website, Application or Platform itself, and the original balance will be restored, either in the equivalent amount in Reais or in Digital Currencies, as the case may be, in your account, and it is certain that the users involved in the Operation will have nothing to claim from HURST.
8.11. HURST is not a party nor shall it be considered a party to any sale and purchase transaction and shall be held harmless from any liability for the actual fulfillment of the obligations assumed by you in your direct sale and purchase transactions.
8.12. You acknowledge and accept that, when carrying out sale and purchase Transactions, you do so at your own risk, recognizing HURST only as a service provider for making the Asset Market available for trading sale and purchase Transactions between you and users.
8.13. You must ensure that you have correctly provided: (i) your details for the withdrawal of amounts in Reais and (ii) the address of your account for the future withdrawal of Digital Currencies from the Platform, should you wish to carry out any sale and purchase operations.
8.14. You declare and guarantee that you are aware that due to lack of knowledge, technical problems, failures, slowness or any problem, processing or malfunction of the devices and networks used by you, as well as means of payment and other intermediaries, due to your fault, the fault of the user or third parties or acts that exceed the security domain of HURST, in accordance with security measures usually employed in the market, purchase and sale orders eventually executed by you may take time to be processed and published, as well as that such delay may cause mismatches between execution and cancellation, and that HURST is not responsible for any possible change in the price of the Assets, as well as for any loss, including loss of opportunity, damage, material or immaterial, direct or indirect, or loss incurred by you in this regard or as a result of these characteristics.
8.15. HURST reserves the right, at its sole discretion, without the need for any prior notice and without any charge, fine, liability or duty to indemnify, to implement limits on the use of the Asset Market such as, but not limited to, the number of sell and buy Transactions to be carried out by you.
9.1 The use for commercial exploitation of the name, designs and the expression "HURST" as a corporate name, trademark or domain name, as well as content, infographics, articles, columns, widgets, programs, databases, documents and other utilities are the property of HURST and are protected by all applicable laws and treaties.
9.2 These Terms and Conditions of Use do not assign or transfer any rights to the user and/or investee, so that access to the Website, Application or Platform does not generate any intellectual property rights. Therefore, total or partial reproduction of the content listed above is prohibited. Should you wish to use any of this content, please contact us before doing so, under penalty of criminal and civil sanctions.
10.1 We believe that your privacy is very important. Under the terms of our Privacy Policy available at the link mentioned in these Terms and Conditions of Use, we will only use and/or disclose your information if duly authorized in a free, informed and unequivocal manner.
10.2 As technical measures aimed at information security, HURST adopts security practices both for the protection and processing of personal data, as well as for unauthorized disclosure, loss or leakage of data, using encryption, monitoring and periodic security tests, firewall, among others, and cannot be held responsible for cyber attacks that could not be avoided by market tools or for incidents caused by the owner's own fault.
11.1 Registration on the Website, Application and/or Platform is free of charge. To check the commission amounts and other details on fees, terms and limits, see the page for each Transaction at https://hurst.capital/operation.
11.2 You will pay commission to HURST for carrying out the following operations on the Platform:
11.3 By accepting these Terms and Conditions of Use, you agree to pay HURST the amounts corresponding to the commissions for the services provided, as indicated in this item 11. HURST may modify, increase, eliminate current commissions, or implement promotional conditions, at any time, whether on a permanent or transitory basis, through disclosure on its Platform, Application and Website.
12.1 The duration of the user and/or investor registration that allows access to the Website, Application and Platform will be indefinite.
12.2 The user may terminate this instrument at any time by requesting that their registration be closed via e-mail to investidor@hurst.capital.
12.3 For the purposes of closing your registration and consequently your account, you must ensure that there are no Assets registered in your account and/or amounts in Reais or Digital Currencies in your account, and you must carry out the appropriate redemptions or sales operations, if applicable.
12.4 HURST reserves the prerogative, without prior notice, to prevent or interrupt browsing and/or access by users/investors who are in breach of any of the Terms and Conditions of Use and/or the Privacy Policy.
12.5 Following the suspension and/or cancellation of your registration by yourself or by HURST, you acknowledge that you may no longer have access to and/or retrieve information about transactions carried out through the Website, Application and/or Platform, and HURST has no duty to store this information, nor to pass on this information to you.
13.1. HURST shall not be liable for any losses, whether of opportunity, material or immaterial damages, losses, loss of profits, indemnities and/or reparations of any other nature that may be incurred by you as a result of (i) the Transaction carried out on the Platform; (ii) the results of the Transactions; (iii) any technical and/or operational failure or unavailability occurring on the Website, Application and/or Platform, including services provided by third parties; (iv) external influence or the installation, on equipment used by you, of malicious software, including, but not limited to, viruses, trojans, malware, worms, bots, backdoors, spyware, rootkits; (v) by events defined in the applicable legislation as acts of God or force majeure; (vi) any and all acts or omissions carried out by you from your access to the Website, Application and/or Platform; and (vii) for the compensation of any and all losses and damages incurred by HURST, another user or any third party arising from the activity carried out by you on the Website, Application and/or Platform, including, without limitation, those arising from the violation of any rights of other users or third parties related to the sale and purchase of Assets, of HURST's intellectual property rights, or of the provisions of these Terms and Conditions of Use and our Privacy Policy.
14.1 Should HURST fail to exercise any right provided for in these Terms and Conditions of Use, this shall not be construed as a waiver, relinquishment or revocation of a provision of these Terms and Conditions of Use.
14.2 In the event that any provision or item of these Terms and Conditions of Use is held to be unenforceable, void, illegal or otherwise ineffective, the remaining provisions and items of these Terms and Conditions of Use shall continue in full force and effect.
14.3 HURST may modify the Terms and Conditions of Use as it deems necessary. We will notify you of any changes by updating these Terms and Conditions of Use on our Platform, Website and Application. We advise you to review these Terms and Conditions of Use and our Privacy Policy frequently for any changes, as such changes will apply from the moment they are made available on our Website, Application or Platform.
15.1 If you have any questions, suggestions or complaints about our Website, Application and/or Platform, you can contact us at the following e-mail address: investidor@hurst.capital
16.1 All items in these Terms and Conditions of Use shall be governed by the laws in force in the Federative Republic of Brazil. The jurisdiction of the City of São Paulo in the State of São Paulo is elected to settle any disputes.
R. Gomes de Carvalho, 1195 - Vila Olímpia, São Paulo - SP, 04547-004.
9am to 6pm - Monday to Friday. Except public holidays.
29.765.165/0001-36
