These Terms and Conditions ("Terms") govern the User's participation in transactions andthe use of “AstroReturns” offered by AstroPay Global (IOM) Limited (hereinafter “AstroPay”).By accepting them, you will be deemed to have fully read, understood, and accepted allcontent within these Terms.
These Terms are complementary to the T&C Agreement (for individuals) of Astro Payapplicable to you available at: AstroPay T&C. All capitalized terms used in these Terms willhave the meaning assigned to them herein, provided that any other capitalized terms used but not defined herein shall have the meanings assigned to them in the AstroPay T&C).
In the event of any conflict between the provisions of these Terms and the ones contained in the AstroPay T&C, the provisions of these Terms shall prevail.
1. AstroReturns
“AstroReturns” is a benefit of AstroPay that allows Users who meet the eligibility requirements, complete the KYC process, and agree to these Terms to gain Returns (as such term is defined below) over the amounts held in United States Dollars (“USD”) in their AstroPay Wallet.
AstroPay shall recognize additional balance (referred to as "Returns") into the Eligible Users' Wallets, following the corresponding Returns rate (“Rate”) displayed in the AstroPay app. It is hereby acknowledged that no User funds are utilized as part of any AstroReturns-related operation.
After activating the AstroReturns and upon AstroPay’s sole discretion, Eligible Users will be notified that their funds will start generating Returns on the USD balance of their AstroPayWallet. Once activated, the AstroReturns might take from 24 to 48 hours to start generating Returns.
The Returns shall be placed into the Eligible User’s Wallet on each Business Day andcalculated in accordance with the Rate displayed on the previous Business Day. Any Returnsgenerated on non-Business Days will be transferred to the Eligible User's Wallet on the nextBusiness Day. This process will repeat itself automatically while the AstroReturns remainsactive in the Eligible User’s AstroPay app.
The amount of the Rate applicable to each Eligible User will be determined at AstroPay’s solediscretion. The Eligible User expressly acknowledges and recognizes that the Rate, methodof calculation, and time of payment may vary from time to time because of circumstances beyond AstroPay's control, including but not limited to third-party actions (or the lack of those), changes in the way funds are allocated, changes in the Returns rates of the different platforms, protocols and partners with which AstroPay may operate, and for any other reasons.
The Eligible User acknowledges and agrees that the AstroReturns may undergo changes orrestrictions at any time, all of which will be in compliance with the Applicable Laws. Thisincludes aspects such as legality, issuance, distribution, calculation, tax implications, riskprofile, assignability, and any other features of the Returns product.
Furthermore, the Eligible User understands and agrees that, to utilize the AstroReturns, itmay be necessary to provide additional information. This information may be shared withand/or stored by AstroPay or other third parties solely for purposes related to theAstroReturns, in accordance with the Terms.
Specific conditions of the Product, including but not limited to, marketing conditions, timingof generation and payment, and account level requirements, may be communicated to theEligible User. The Eligible User will need to acknowledge and agree to these conditions whereapplicable to access the Returns. It is understood that such conditions may change overtime due to market conditions, determinations by third parties, regulatory events, andAstroPay's risk assessments, among other factors.
By agreeing to these Terms, the Eligible User acknowledges and agrees that theAstroReturns, the Returns themselves, or any aspect thereof, including AstroPay'seEorts or determinations related to them, shall not, under any circumstances, be construed as an offering of banking services, depositary institution activities,investment funds, or similar endeavors. This includes, but is not limited to, activities,products, or services involving deposits, loans, credits, investments, and/or interestbearing accounts.
In the AstroReturns, Eligible Users can monitor the performance of their Returns at any time.
AstroPay reserves its right to grant preferential Returns on other terms to certain EligibleUsers as part of marketing campaigns, market analysis, or otherwise, upon its sole and absolute discretion.
The Eligible User acknowledges that the Returns generated when using the AstroReturns bythe Eligible User do not have the characteristics of income that must be declared in the annual income tax return (IRPF), and, for this reason, AstroPay is not required to send income statements regarding such values to the Eligible User.
2. User Eligibility
To be an Eligible User, the User must meet the following requirements:
- Be an individual over eighteen years old, with and have an activated AstroPay Account;
- Be a resident of Brazil, Peru, Argentina, Mexico or Colombia;
- Have read and accepted these Terms, and by reference the User Terms and Conditions displayed in the AstroPay website;
- Complete the requested KYC when activating the AstroReturns.
3. Changes to the Terms
AstroPay may make changes to these Terms, through communication addressed to theEligible User as per the Notifications section of these Terms before the effective date of such changes whenever the law permits.
It is considered that the Eligible User has accepted the changes made if, after the changescome into e>ect, they continue to use AstroReturns. If the Eligible User does not accept the changes made by AstroPay, they still have the right to, until the e>ective date of the changes, deactivate the use of the AstroReturns through the AstroPay app, with the consequent closure of the AstroReturns with immediate effect and without any charges, with Returnscalculated up to the day before the closure.
4. Termination and Suspension
AstroPay may terminate these Terms at any time and without cause, resulting in the closureof the AstroReturns. AstroPay reserves the right to choose, enable, suspend, restrict, or deny any number of Eligible Users from using AstroReturns.
Termination will not affect the processing of payment requests already authorized by the Eligible User
In addition to the above clause, upon the request of the Eligible User and with the consentof AstroPay, the Eligible User may pause the AstroReturns. Upon the pause of theAstroReturns, the Eligible User shall able to withdraw the funds and the AstroReturns will cease to generate Returns until its reactivation or definitive termination by AstroPay
5. Consent for Personal Data Transfer
By agreeing to these Terms, the Eligible User explicitly consents to the transfer, whether inelectronic or other forms, of any personal data held by AstroPay regarding the Eligible Userto third parties. These third parties may include corporations, governments, or any relevant authorities, as necessary for AstroPay to operate the AstroReturns.
6. Legal Provisions
By accepting these Terms, the Eligible User acknowledges and agrees to the following:
- The user is solely responsible for assessing and fulfilling any tax obligations arisingfrom their enrollment in and use of the AstroReturns, as well as for reporting theirtaxes to the relevant authorities.
- AstroPay does not offer, claim to offer, or have any obligation to provide legal, investment, financial, or similar services or advice, including tax advice.
- AstroPay may be obligated to disclose any or all information about the Product, the Returns, and their utilization by the user, including their nature and amount, incompliance with applicable laws or at the request of any competent authority.
- AstroPay shall not be held accountable for the actions or inactions of third parties;hence, AstroPay assumes no liability for any losses, suspensions, limitations, terminations, or other consequences resulting from the actions or omissions of any third party.
- AstroPay, its affiliates, directors, employees, and agents are not liable for direct,indirect, incidental, special, or consequential losses or damages arising from the use of the services ordered.
- AstroPay is not responsible for third-party failures related to its investments to obtain Returns, including but not limited to, financial service providers, banking entities, or external payment processors.
