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GLOBAL TERMS AND CONDITIONS
We are Kirvano.
A safe, practical and intuitive platform ready to boost digital businesses all around the globe.
These terms apply to all international transactions involving cross border global operations. Certain features might not be available in all territories to all users, and usability restrictions due to will not generate any liability for the Platform.
Please, read all the Terms and Policies carefully!
These Terms and Conditions (hereinafter referred to as the “Terms”) are a legally binding agreement between each and every User and the Kirvano (also designated as “Platform”), that contain important information about your rights and obligations regarding the access or use of the Platform’s Services. By accessing or using the Platform, you agree to be bound by these Terms and abide by their rules.
For a better understanding of these guidelines, please consider the following terms in accordance with the definitions assigned below, when they begin with capital letters:
Throughout this regulation, when the Platform or Merchant of Records is mentioned, the associated entity will be Kirvano, as a specific legal entity and also as an economic group of globally associated entities.
The party that registers a product for sale through the Kirvano gateway, and is responsible for the offer and its content, may be referred to as a Seller or Supplier.
Each and everyone that purchases a product through the Kirvano interface will be considered a Buyer, regardless of whether the purchase is through billing and payment, or free of charge, being the final recipient of the product or service.
The Product refers to the content registered for sale by the Seller, linked to a Kirvano payment checkout. It may be a service provision, a one-time deliverable, or a subscription, as specifically described in the offer.
Support should be understood as Kirvano's specialized customer experience team, specialized in assisting platform users, whether they are buyers and/or sellers. Support can be accessed through the channels available on the website and also the emails located in the footer of this document.
The Purchase Order refers to the registers of a buyer's request of a product, regardless of its payment approval by the processors and acquirers responsible for the monetary transaction.
LEGAL ENTITIES
The Kirvano’s global operation is orchestrated through an economic group structure, meaning you can transact with different legal entities depending on the buyer's declared location or the currency used in the transaction.
Kirvano is a company originally created in Brazil, enrolled to the Brazillian Taxpayers Registry (CNPJ/ME) under the No. 48.582.146/0001-19, headquarters located at Barueri, state of São Paulo, on Rio Negro Avenue, 503, 23rd Floor, Suite 2301, Alphaville Empresarial, ZIP Code 06454-000, and If the transaction is carried out in Reais (BRL), between two Users who declare residence in Brazil, Kirvano Pagamentos Ltda is the company that processes the transaction. We also have headquarters in the United States of America, where we act through an american company named KVN Payment US Corp, headquartered at 800 North State Street, Suite 304, Dover, Delaware, 19901, registration EIN number 39-3925104. If at least one of the User declares residence abroad, meaning outside Brazilian territory, the transaction will be processed by Kirvano Services Solutions Limited, incorporated by the law of Nicosia, Cyprus, based at Promodrou Street, 75, OneWorld Parkview House, 4th floor, 2063. The transactions can be processed and carried out either in US dollars (USD) or euros (EU).
CROSS BORDER OPERATIONAL STRUCTURE
The incorporated companies, as described in these terms, operate as a merchant of records (mentioned ahead as “MoR”), through online features as a digital platform, placed by the domain of kirvano.com, that enables and provides digital structure Buyers and Sellers to transact Products (“Services”).
Through these Terms, the Buyer, upon completing a Purchase Order of a Product and making the corresponding payment, authorizes Kirvano to purchase the Product from the Seller in the country where the Seller resides. After Kirvano's purchase from the Seller, the Product resale will be registered at the Buyers country of residence (consumer's domicile).
USERS ELIGIBILITY
To register an account at the Platform, you must be fully capable of forming a binding contract with Kirvano, which means i) that you have reached the legally stipulated age to validly take independent acts; ii) you are an emancipated minor; iii) or you are between 13 and 18 years old and are duly assisted and authorized by your legal guardians regarding the use of the Platform. In all of the referred cases, it must be certain that there are no other factors that prevent you from carrying out all acts of civil life, or any factors could invalidate the relationship established between Kirvano and you during the use of the platform. If you register with Kirvano on behalf of a legal entity, you declare that you have such powers and all necessary authorizations to bind it regularly.
RESTRICTED USERS
The Platform can refuse or cancel a User’s registration if it becomes aware, by itself or through a substantiated complaint by a third party, of the existence of a conviction, through a final sentence, for (a) heinous crimes, or similar to heinous crimes; (b) involvement in criminal organizations, money laundering, terrorism or international human trafficking; or (c) crimes committed by electronic means or cyber mechanisms.
ACTIVITY MONITORING AND PLATFORM INTERVENTIONS ON THE USER’S ACCOUNT
In order to attend to legal obligations and to adopt security protocols, Kirvano may suspend and/or delete a User's account due to evidence of malicious, fraudulent, or illegal behavior. This may result in the refusal of withdrawals from the available balance, retention of funds to cover losses to the platform or third parties, and reporting any identified suspicions to the competent authorities.
CREDENTIALS AND ACCESS ACCOUNTABILITY
Each and every User is responsible for maintaining the confidentiality of any credentials used to access your account. You agree not to share your password or username, nor to lend or otherwise transfer your use of or access to your account to any third party. All your actions on the platform are logged, with all historic registers preserved by the Platform for presentation in case of losses or illegal activities. If you identify any unusual activity on your user profile, you agree to immediately notify us of any unauthorized use of your credentials or any other breach of security related to your account. To register as a User, you must ensure that you are using an active email address and phone number.
REGISTRATION AND COMPLIANCE PROTOCOLS
Kirvano takes the integrity of the community using the Platform very seriously, and therefore, reserves the right to perform verifications before or after the registration of Users, the offer of a Product, or the insertion of any content on the Platform, as well as the right to require additional information or even changes to Products registered on the Platform. Any references to a User or Product under "analysis" (or similar language) only indicate that the User or Product is undergoing a registration verification process and nothing more. None of these descriptions represent an endorsement, certification, or guarantee by the Platform regarding the Product’s quality. Nor do these descriptions represent any proof that the User or Product complies with applicable law, these Terms or Platforms policies. We remind you that Users, and not Kirvano, are responsible for complying with all the rules applicable to the registered Products and their sale and sharing.
CHANGES TO THESE TERMS OR THE SERVICES
These Terms are subject to change by Kirvano, and such changes may be made without prior written notice at any time, at the provider's sole discretion. The most recent version of these Terms will be published on this website or its own extensions registered at kirvano.com, and the User should review them before purchasing any Products available through the Services. Continued use of the Services after the publication of a change, identified by the date of the last publication, will constitute your acceptance of and agreement to such changes to these Terms. The same applies to changes to the Services themselves, considering that resources and technology are constantly evolving, Kirvano reserves the right to change or discontinue, in whole or in part, the Services at any time and also without prior notice, at its sole discretion.
KIRVANO PROVIDES A GLOBAL CHECKOUT FOR SAFE AND PRACTICAL DIGITAL SALES
Kirvano is a tech company responsible for the development and maintenance of an integrated platform, offering functionalities focused on converting asset sales in the digital environment, as a safe and practical payments gateway. In the context of international transactions, Kirvano acts as a reseller in the following flow:
i) The Seller, originally responsible for supplying the product, registers an offer on the platform, which must correspond exactly to a product, in description and deliverable;
ii) The Buyer, interested in obtaining the product, formalizes the purchase order and completes the payment through the Kirvano platform's payment intermediation interface;
iii) Kirvano processes the payment so that, if approved, it will generate an invoice demonstrating the purchase and then provide access to the product to the buyer.
LIMITATION OF RESPONSIBILITY - OFFER AND ADVERTISEMENT
This platform may contain links to other websites owned and operated by third parties, and Kirvano is not responsible for any content linked outside the kirvano.com domain. Redirecting pages are considered independent, and the Sellers and promoters of these pages are solely responsible for the content and proper functioning of the resources, without transferring such responsibility to Kirvano, even indirectly. Kirvano assumes no responsibility for the content of any linked third-party websites and makes no representations regarding the content or accuracy of the material on those sites. Access to any third-party website is at your own risk.
NO WARRANTIES
To the fullest extent permitted by law, the Platform, acting as the merchant of record, provides its services “As Is” and “As Available,” without any representations or warranties of any kind, whether express, implied, statutory, or otherwise. The Platform makes no warranties or representations about the accuracy, reliability, completeness, or timeliness of any content, transaction, or information processed through its systems.
The Platform does not warrant that:
(a) any transaction will be completed or error-free;
(b) the services will meet any specific requirements or expectations;
(c) the platform will be uninterrupted, secure, or free from defects or harmful components; or
(d) the products, services, or content offered by third parties through the platform will be of any particular quality or suitability.
To the extent permitted by applicable law, all warranties of merchantability, fitness for a particular purpose, title, and non-infringement are hereby disclaimed. Users and merchants acknowledge that they assume full responsibility for the use of the platform and for any transactions made through it.
NON ACCEPTABLE PLATFORM USE AND TERMS VIOLATIONS
If you use the Platform in a way that is incompatible with these Terms, Kirvano may apply different measures, at any time, with or without prior notice. These measures may include, notwithstanding others, (a) the suspension of access to your Product or offer, (b) suspension of access to your account, (c) cancellation of your registration, or (d) the revocation of your authorization to use any features of the Platform. All measures taken can be applied temporarily or permanently to your user account, credentials or any other accesses if found to be in violation of these Terms and/or other Policies, or is suspected of fraud or illegal activities.
FAILURE TO COMPLY WITH THESE TERMS AND CONDITIONS CAN RESULT IN THE ADOPTION OF CORRECTIVE AND COMPENSATORY MEASURES
If you fail to observe any condition of these Terms or other policies displayed at Kirvano’s domain, in whole or in part, Kirvano may apply different measures, at its sole discretion, exclusive to your situation, in isolation or cumulatively, with or without prior notice, at any time and for such period as it deems appropriate. Among these measures, notwithstanding others not provided in these Terms, Kirvano may apply: (a) a formal warning; (b) limitation, removal, or termination of your accesses at the Platform; (c) suspension or termination of any special benefit or category, including commercial matters, offered by the Platform related to the User; (d) removal of the content of Product page; (e) withholding assets as a security protocol; or (f) immediate termination of this agreement.
_ IF YOU ARE USING THE PLATFORM TO SELL PRODUCTS, HERE YOU CAN FIND YOUR SELLER’S JOURNEY WITH US:
AS A MERCHANT OF RECORDS, WE ACT AS YOUR AUTHORIZED RESELLER
Once you register a Seller profile on Kirvano’s platform, you will be considered a Supplier.
By listing products for sale through Kirvano's payment gateway, you expressly authorize the Platform to resell the products to end consumers, regardless of the formalization of a specific instrument to this effect, considering the acceptance of these Terms and Conditions as sufficient to support the legitimacy of the transaction. The authorization for reselling will only be revoked upon a formal request from the Supplier to delete the account on the MoR platform.
SELLER CONFORMITY WARRANTS
As a Supplier, the Seller warrants that all Products and/or digital content supplied under this Agreement are original, authentic, legitimate and free of malware comply with all applicable laws, regulations, and technical standards in the jurisdictions where they are offered for sale, including but not limited to consumer protection, data protection, and product safety requirements. In the event that any Product or fails to conform to the above warranties, the Supplier shall, at its sole cost and within a reasonable period, remedy such non-conformity, replace the Product, or refund the MoR for all amounts paid, including any costs incurred due to customer claims, returns, or refunds.
SERVICE FEE AND PAYOUT
GRAPHIC BALANCE: Your earnings, related to products supplied by you and resold by MoR, will be indicated in a graphic balance in your logged-in user area. The balance will be divided into “available” status, which is the amount that can be transferred instantly; and “pending” balance, which is the projection of amounts that will still be made available, according to the deadlines. The graphic balance is represented in gross format, that is, without the application of deductions, which you can identify in detail when you request a withdrawal of amounts.
SERVICE FEE: Kirvano, as the MoR, shall charge the Seller a service fee (the “Service Fee”) for each transaction processed through the Platform. The Service Fee shall be calculated as a percentage of the gross sales amount, as specified in the applicable commercial schedule or pricing plan. The Service Fee covers the operational costs to enable the end-to-end transaction.
NET PROCEEDS: All payments will be collected from end customers by the MoR, and the payout will be made in an amount with the deduction of the applicable Service Fee, transaction fees, chargebacks, refunds, taxes, and any other authorized deductions prior to calculating the net proceeds (the “Payout Amount”) due to the Supplier.
PAYOUT SCHEDULE: The pending balance will be converted into available Payment Amount due to the commercial standard timeline, subject to the availability of cleared funds and the Supplier’s compliance with all applicable laws, KYC requirements, and tax documentation obligations.The parties may agree on different deadlines from commercial special conditions if formalized by a separate and signed instrument.
CURRENCY AND METHOD OF PAYMENT: Payouts shall be made in the currency and via the payment method designated by the MoR. The Supplier shall bear any costs associated with international transfers, currency conversion, or intermediary banking fees, unless otherwise agreed.
RIGHT TO WITHHOLD OR OFFSET: The MoR reserves the right to withhold, delay, or offset any Payout Amount in the event of actual or suspected fraud, customer disputes, regulatory investigations, chargebacks, or breach of this Terms and Conditions by the Supplier.
ALLOWED PRODUCTS, CONTENT POLICY AND ADVERTISING RULES
Products registered by the supplier on the reseller Platform must attend to all compliance, security, and third-party rights protection requirements. Before registering a Product for sale, please check the platform's Content Policy, where all necessary guidelines are clearly listed.
The Seller/Supplier can not use or distribute any content, copyrighted material, or intellectual property in marketing materials unless it owns or has the legal right to do so. This restriction applies to, but is not limited to, Product descriptions, information, images, customer reviews, and any other materials, as well as any content or information provided.
HELP CENTER
To contact Kirvano or if you need any User support, please use the email addresses provided in the footer of this document, according to your preferred language: ajuda@kirvano.com to get assistance in portuguese; help@kirvano.com to get support in english, and ayuda@kirvano.com if you rather us to help in spanish.