topo 1.1. If you are interested in one of our products and want to use the Platform, please read these Terms of Use, the Privacy and Personal Data Protection Policy, the Compliance Policy and the Information Security Policy and please know that you will only be able to use our Platform and/or services if you agree with the respective conditions and, in doing so, you confirm you agree with the entire content of these documents.
1.2. Individuals representing legal entities, when they are not themselves the legal representatives of the legal entities as per their current articles of incorporation/bylaws, may have the authorization to access the Platform subject to the submission of authorizations by the legal entities to which they are linked.
1.3. Mercado Bitcoin does not accept registrations of minors, under 18 years of age, except if over 16 years old and emancipated by parental consent or by court decision and in the other cases of art. 5, sole paragraph, of the Civil Code.
1.4. Mercado Bitcoin may establish specific Terms of Use and Privacy and Personal Data Protection Policy applicable to certain products, as the case may be, that will supplement and prevail over these Terms of Use and the Privacy and Personal Data Protection Policy. In any case, you must accept the applicable terms and conditions.
1.5. We have divided this Policy into subjects, which can all be accessed through separate links. Please read them all, but for your convenience, whenever you want to revisit a topic, you can click on the topic of interest and you will then be directed to the respective page:
2.1. We are MERCADO BITCOIN SERVIÇOS DIGITAIS LTDA., a company enrolled with the Brazilian Corporate Taxpayers' Registry (CNPJ) under no. 18.213.434/0001-35, and headquartered at Alameda Mamoré, 687, suite 303, r. 03, Alphaville Industrial, Barueri/SP, ZIP 06454-040.
3.1. Mercado Bitcoin Platform can be accessed through its website (www.mercadobitcoin.com.br) and/or application and/or third-party or own APIs (referred to as “Platform”). Mercado Bitcoin is responsible for making available, maintaining, registering and authorizing your access to the Platform.
3.2. Mercado Bitcoin enables, through the Platform, the approximation between users who wish to buy or sell their own cryptoassets that are made available and supported by the Mercado Bitcoin Platform, as well as the purchase and sale of digital assets and tokens (“Cryptoassets”), as well as other services, offering features to facilitate and secure transactions carried out by you on the Platform (“Transactions”).
3.3. The Cryptoassets of each Transaction are linked to the virtual wallet, which, by means of public and private keys, allows you to store, send, receive and check the Cryptoassets linked to it (“Wallet”) and can be viewed through the Platform.
4.1. To have access to the Platform, you must accept these Terms of Use, the Privacy and Personal Data Protection Policy and register on the Platform, following the rules and conditions provided for in the aforementioned documents.
4.2. The registration is carried out by filling in the form, available in the option “I'd like to start” on the Platform, and will require the provision of the following personal data and documents:
(a) if you are an individual:
(a.i) the provision of an active email address, Tax ID (CPF), date of birth and other information and documents requested by Mercado Bitcoin, as set out in the Privacy and Personal Data Protection Policy; and (a.ii) your bank account details;
(b) if you are a legal entity:
(b.i) the provision of an active email address, Corporate Tax ID (CNPJ), the company's articles of incorporation/bylaws or the last amendment to the articles/bylaws and other information and documents requested by Mercado Bitcoin; and (b.ii) its bank account details.
4.3. You will only be able to maintain one single registration and one single account on the Platform.
4.4. Without prejudice to the conditions provided for in these Terms of Use, Mercado Bitcoin, at its sole discretion, reserves the right to refuse any registration request and to temporarily suspend or block access or deactivate your account, without prior notice and without any burden, fine, liability or duty to indemnify, if any or all of the following events or suspected events (i) misrepresentation, inaccurate, outdated or incomplete information and documents provided by you; (ii) violation, in whole or in part, of any of the provisions of these Terms of Use, of the Privacy and Personal Data Protection Policy, as well as of any other document or guides published by Mercado Bitcoin and of the legislation and other applicable rules; (iii) impossibility of verifying your identity and/or evidence of misrepresentation; (iv) any behavior by you, which, at the sole discretion of Mercado Bitcoin, is or may at any time be incompatible with the purposes of the Platform, as well as with courtesy with other users and/or that may, somehow, cause damage to third parties on the Platform and/or to the reputation of Mercado Bitcoin and (v) request by competent authority.
4.5. In the event of any chance of cancellation of your account, and provided that there is no court order or competent administrative, supervisory or regulatory authority establishing otherwise, Mercado Bitcoin will convert the Cryptoassets balance in your account into BRL and transfer the amount in BRL then available to the bank account in your name, according to the information registered by you on the Platform, except if the amount in BRL is lower than the lowest unit of value in Brazilian currency, in which case it will not be possible to carry out any transfer. The provisions mentioned herein will respect the operational limits established in the Fees, Commissions and Limits page .
5.1. When registering, you must create a login and password to access your account on the Platform.
5.2. The login and password are personal and not transferable and must be kept confidential in order to prevent access and/or knowledge by third parties. In this sense, you must keep your smartphone, tablet and/or computer devices properly protected with antivirus tools, and you should not access your account from public computers or from public wi-fi connections and/or third party devices and, in this latter case, if you do so, you must take all precautions to make sure that there are no viruses or tools that allow or may allow the data entered on such device to be copied, in which case you shall be fully and exclusively liable for the risks of such conduct and any losses and damages that may be incurred by you, Mercado Bitcoin and/or third parties.
5.3. If you are aware or suspect that any third party had access to your login and/or password or of any unauthorized use or access of your account by third parties, you must immediately access the Platform and, in the “Help Center” channel, communicate the fact to Mercado Bitcoin and, in the "Settings" menu, select the "Change Password" option, replacing it with one without any resemblance to the previous one. In this case, we also recommend changing the password for accessing the email registered on the Platform.
6.1. In addition to the other obligations and liabilities undertaken by you upon acceptance of these Terms of Use, you and your legal guardian (s), where applicable, are fully and exclusively liable for:
a) the Transactions carried out on the Platform using your login and password;
b) providing and maintaining accurate, correct, precise, true, current and complete information, exempting Mercado Bitcoin from any liability in this regard;
c) maintaining the confidentiality of you Platform access data;
d) fully understanding the operation of the Platform, as well as the risks involved in its use, thus you must have full capacity and competence to carry out the Transactions;
e) adopting good practices in creating an access password;
f) not sharing data with third parties, such as logins and passwords;
g) using strong passwords;
h) not using the password for Mercado Bitcoin on other websites or services, changing it regularly;
i) logging off the Platform at the end of your use;
j) avoiding use on public access computers or networks; and
k) keeping your operating system and antivirus up to date.
6.2. In addition to the liabilities listed above, we strongly recommend that you enable 2-step verification (2FA) in order to increase the security of your Transactions.
7.1. To perform any Transaction, you must previously have your registration approved by Mercado Bitcoin, your account activated (by email) and have accepted all the provisions of these Terms of Use and the Privacy and Personal Data Protection Policy.
7.2. In order to carry out any Transaction on the Platform, it is necessary that you have sufficient funds in BRL or the equivalent in Cryptoassets in your account. Mercado Bitcoin has minimum values for the sale, deposit and withdrawal of Cryptoassets, and it is not possible to carry out such Transactions below the minimum. Such limits can be checked at Fees, Commissions and Limits.
7.3. Deposits or withdrawals of funds in BRL in the account may be processed via MeuBank Pagamentos Ltda. (enrolled at the Brazilian Taxpayers' Registry (CNPJ) under no. 11.351.086/0001-13), a member of the same economic group as Mercado Bitcoin. This feature does not entail any type of advantage or distinction between users of Mercado Bitcoin and does not imply any additional cost to you; it is merely a mechanism for operational efficiency of the services offered by Mercado Bitcoin.
7.4. If you wish to buy or sell Cryptoassets, you must post a purchase or sale order on the Platform, as the case may be, by filling in the form available on the Platform. Before posting your purchase or sales order, you must have, in your account, a balance in BRL (for the purchase order) or in Cryptoassets (for the sales order) sufficient to cover the offer you intend carry out.
77.5. You hereby acknowledge that each purchase or sale order posted on the Platform represents a firm offer to buy or sell, as the case may be, in accordance with the provisions of the applicable legislation, in accordance with the characteristics of the Cryptoassets and price referred to in the respective purchase or sale order. You understand and agree that, after the acceptance of your purchase or sale order by another user, the transaction will be carried out automatically by the Platform and cannot be undone or modified.
7.6. Once your purchase or sales order is accepted, the amount in BRL (for the purchase order) or in Cryptoassets (for the sales order) will be automatically transferred by the Platform, (a) with the BRL debited from your account (in the case of a purchase order) and credited to the accepting user's account and, in return, the balance in Cryptoassets will be transferred from the accepting user's account to your account; or (b) with the Cryptoassets debited from your account (in the case of a sales order) and credited to the accepting user's account and, in return, the equivalent in BRL will be transferred from the accepting user's account to your account.
7.7. If you wish to exchange your Cryptoassets for other Cryptoassets and this exchange is supported by the Platform, you hereby represent that your exchange offer represents two firm offers (a sale followed by an automatic purchase) and you hereby agree that items 7.4, 7.5 and 7.6, above, are applicable to the intended Cryptoassets exchange Transaction.
7.8. If you wish to cancel a posted purchase order or sales order that has not yet been accepted by another user, you can do so via the Platform itself, with the original balance being refunded to your account in the equivalent amount in BRL or in Cryptoassets, as the case may be. Please know that any offering user will be able proceed as above and you shall not be entitled to any claims in this regard in respect to anyone.
7.9. Mercado Bitcoin is not a party and shall not be deemed a party to any Transaction and you shall hold it harmless from any and all liability undertaken by you for the effective fulfillment of the obligations in your Transactions.
7.10. You hereby acknowledge and accept that, when carrying out Transactions, you do so at your own risk, recognizing Mercado Bitcoin only as a service provider making the Platform available for trading Transactions between you and the users.
7.11. You must ensure that you have correctly provided: (i) your bank details for withdrawing amounts in BRL and (ii) the address of your Wallet for the future withdrawals of Cryptoassets from the Platform, in case you want to carry out any Transaction.
7.12. You hereby represent and warrant that you are aware that due to ignorance, technical problems, failures, slowness or any problem, processing or malfunctioning of the devices and networks used by you, as well as means of payment and other intermediaries, due to negligence by you, the user or third parties or by acts that exceed the security domain of Mercado Bitcoin, according to security measures usually employed in the market, purchase and sale orders that you perform may take time to be processed and posted, as well as, that such delay may cause mismatches between execution and cancellation, and that Mercado Bitcoin shall not be liable for any potential change in the price of Cryptoassets, as well as for any loss, including loss of opportunity, damage, property or intangible, direct or indirect, loss or damage incurred by you in this regard as a result of these characteristics.
7.13. Mercado Bitcoin reserves the right, at its sole discretion, without the need for any prior notice and without any burden, fine, liability or duty to indemnify, implement limits on the use of the Platform, such as, without limitation, the number of Transactions to be carried out by you.
8.1. Mercado Bitcoin makes the Platform available for deposit, withdrawal, trading and storage services only for the Cryptoassets supported by it, according to the list found in the Trading area of the Platform and is subject to change, at the sole discretion of Mercado Bitcoin.
8.2. Mercado Bitcoin securely stores the private keys referring to the Cryptoassets deposits at the addresses of each user's Wallets, through a combination of online and offline storage. Due to this structure, chosen for the security of users, there may be delays in relation to the processing of the receipt of Cryptoassets in the Wallet, credit in account and/or transfer of Cryptoassets in the Platform, thus Mercado Bitcoin shall be exempt from any and all liability for such a delay.
8.3. You hereby acknowledge and accept that, if there is no express notice from Mercado Bitcoin providing otherwise, the Platform does not support meta coins, colored coins, side chains, derivatives, new protocols and cryptoassets that have arisen due to processes known as forks, other cryptoassets or any other forms of digital representations of value that are not expressly listed by Mercado Bitcoin as supported Cryptoassets, including, without limitation, those that interact and/or supplement the Cryptoassets supported by Mercado Bitcoin.
8.4. You should not attempt to use your account on the Platform to receive, send, store or interact with cryptoassets not supported by Mercado Bitcoin. The Platform is not designed to detect or secure operations involving unsupported cryptoassets and any attempt to send, receive or improperly store such cryptoassets may result in full, definitive and irreversible loss of such cryptoassets, and Mercado Bitcoin is hereby exempt from any liability in connection with these acts and any losses arising from such situations.
8.5. Mercado Bitcoin does not own or control the protocols and networks that govern the Cryptoassets supported by the Platform, including, without limitation, the blockchains where the Transactions are registered. Often, these Cryptoassets are open source and any individual can use, copy, modify and distribute the target code of the Cryptoasset in question. It is worth mentioning that, although the code is open, the process for including changes in the code of the main cryptoassets ones is full of risk mitigation and governance mechanisms, and it is frequently requested to signal the adoption of the changes proposed by different stakeholders of the protocols, such as miners, Nodes, portfolios, cryptoassets brokers, developers, among others. In any case, Mercado Bitcoin does not undertake any liability for the operation, maintenance and development of these protocols, networks, Cryptoassets and is not able to warrant their operation, security or availability.
8.6. In particular, as a consequence of their open and decentralized nature, protocols are subject to abrupt changes in their operating rules (“Forks or Protocol Amendments”). As a rule, when a Fork occurs, the original protocol is divided into parallel networks, which are (i) a version of the original protocol that did not adhere to the proposed changes; and (ii) a version of the protocol that changed its rules and follows a new dynamic of operation. Such Forks or Protocol Amendments can significantly affect the value, function and/or names of Cryptoassets. If possible, Mercado Bitcoin will make its best efforts to publicly provide statements and positions on these events, in order to better inform your decision and that of the other users to carry out any Transaction with a particular Cryptoasset. It is worth mentioning that Mercado Bitcoin reserves the right to analyze the merits and form of the Fork carried out, as one of the factors taken into account when deciding whether or not to support certain changes. Mercado Bitcoin, at its sole discretion, may decide whether or not to support one or all possible divisions resulting from Forks or Protocol Amendments.
8.7. As a result of not supporting a particular Cryptoasset resulting from Forks or Protocol Amendments, you will not be entitled to and will not have access to the balance referring to the Cryptoasset in question, in case the protocol is not supported by Mercado Bitcoin. It is worth mentioning that your rights and accesses will continue to be effective in relation to the protocol supported by Mercado Bitcoin, even if there are changes in relation to the original situation.
8.8. However, it is your sole and exclusive responsibility to decide how to deal with Forks or Protocol Amendments, and you are aware of and hereby agree that any loss of balance due to Forks or Protocol Amendments is an inherent risk of your choice to operate in the Cryptoassets market. In the case of Forks or Protocol Amendments, there may be a suspension of Transactions on the Platform, including without prior notice and/or estimated time for resumption of Transactions.
8.9. You hereby acknowledge and accept the risks related to Forks or Protocol Amendments and accept that Mercado Bitcoin has no liability and/or duty to assist you in moving and/or selling the unsupported Cryptoasset resulting from Forks or Protocol Amendment processes.
8.10. You hereby acknowledge that Mercado Bitcoin (i) does not offer advice or investment recommendations, and you represent that you understand and accept the risks inherent in and associated with activities and Transactions involving Cryptoassets, including the possibility of changing the protocols and networks that govern them in relation to its current operation, as well as the risks associated with the financial results (gains or losses) arising from such Transactions; (ii) nor does it define the price at which the Cryptoassets are traded, a definition that occurs on a market basis, according to the supply and demand of the respective Cryptoasset.
9.1. Registration on the Platform is free. To check the values of the commissions and other details about fees, terms and limits, please access the commissions, terms and limits table available on the Platform through the link Fees, Commissions and Limits..
9.2. You will pay commissions for carrying out the following operations on the Platform:
(a) Withdrawal of amounts in BRL: when you make a withdrawal in BRL from the Platform, a commission is charged over the amount withdrawn. In addition, both those who sell their Cryptoassets through the Platform and those who, when depositing amounts in BRL, do not use it in full for the purchase of Cryptoassets, will pay a commission for withdrawing the amounts in BRL. Thus, at the time of withdrawal, the balance in BRL will be made available, after deduction of the amount of commission.
(b) Sales order: when you post an order for the sale of Cryptoassets on the Platform it is free of charge. However, if that sales order is accepted, in whole or in part, by another user, you will pay the commission for carrying out that order. Thus, the balance in BRL available for withdrawal by this user will be the sale value of its Cryptoassets, excluding the commission amount provided for in this item.
(c) Purchase order: when you post an order for purchase of Cryptoassets on the Platform it is free of charge. However, if that purchase order is accepted, in whole or in part, by another user, a commission will be charged to the user who posted the order. Thus, the balance in Cryptoassets available for withdrawal by the user who posted a purchase order will be the amount it purchased, after deduction of the commission amount provided for in this item and mining fees of the Cryptoasset itself.
(d) Deposit and withdrawal of Cryptoassets: the receipt and sending of Cryptoassets is subject to fees charged by the network of miners and/or validators, which may vary according to network conditions. The cryptoassets withdrawal fee will be demonstrated at the time of the withdrawal and will be automatically deducted from the total amount of Cryptoassets to be sent.
9.3. By accepting these Terms of Use, you hereby agree to pay Mercado Bitcoin the amounts corresponding to the commissions for the services provided, as set out in this item. Mercado Bitcoin reserves the right to modify, increase, eliminate existing commissions, or implement promotional conditions, at any time, whether on a permanent or transitional basis. Any changes in fees will be communicated through the Platform, by email, blog and/or official social networks of Mercado Bitcoin.
10.1. Mercado Bitcoin is the sole and exclusive holder of intellectual property rights, domain names, brands, software, layout, databases, features and other protected assets related to the Platform.
10.2. By accepting our Terms of Use, Mercado Bitcoin licenses to you free of charge and on a non-exclusive basis the use of the Platform owned by Mercado Bitcoin.
10.2. By accepting our Terms of Use, Mercado Bitcoin licenses to you free of charge and on a non-exclusive basis the use of the Platform owned by Mercado Bitcoin. 10.3. You shall not reverse engineer, reproduce, communicate and distribute this software, nor allow third parties to do so, since the license granted herein is precarious, conditioned on the fulfillment of the obligations set forth in these Terms of Use and in the Privacy and Protection Policy Personal Data..
11.1. All personal data provided by you for registration, as well as data related to Transactions are stored in a secure cloud environment (“cloud”), in accordance with the Privacy and Personal Data Protection Policy, the provisions of which are an integral part of these Terms of Use.
11.2. Mercado Bitcoin adopts organizational measures, carrying out training and qualification of its staff, as well as technical measures aimed at information security, for the protection of personal data, against unauthorized disclosure, undue access, change and loss or leakage of data, whether accidental or unlawful. Mercado Bitcoin applies the best security practices in the processing of personal data, such as encryption, monitoring and regular security tests, firewall, among others, and shall not be liable for cyber attacks that could not be avoided by market tools or incidents caused by the holder's negligence.
12.1. Access to the Platform will be available 24 hours a day, 7 days a week, except that the Platform's services are subject, however, to scheduled interruptions for maintenance and/or testing, possible delays and problems inherent in the use of technologies, software and systems.
12.2. Without prejudice to the provisions above, technical and/or operational failures may occur that make it difficult or impossible for you to use the Platform, for any reason, including as a result of services provided by third parties and/or the network protocols and structures that govern the Cryptoassets, which may entail, for example, the failure to carry out Transactions, a change in the price of Cryptoassets, delay in the processing and execution of purchase and/or sale orders by you and/or possible mismatches between the execution and cancellation of orders.
13.1. Mercado Bitcoin undertakes to review these Terms of Use regularly in order to ensure your compliance with rules that apply to the provision of services rendered by Mercado Bitcoin, notifying you whenever this occurs, through the contact information provided by you. Any changes to these Terms of Use will take effect immediately after publication.
14.1. In addition to the limitations already included in these Terms of Use and applicable law, Mercado Bitcoin shall not be liable for any losses, including losses of opportunity, property or intangible, direct or indirect damages, losses, loss of profits, indemnities and/or redress of any other nature that may be incurred by you (i) as a result of any Transaction carried out or not carried out on the Platform; (ii) the financial results resulting from these Transactions, (iii) any technical and/or operational failure or unavailability on the Platform, including as a result of services provided by third parties and/or the network protocols and structures that govern the Cryptoassets, which may cause, for example, the non-execution of Transactions, any change in the price of Cryptoassets, delays in the processing and execution of purchase and/or sale orders posted by you and/or possible mismatches between the execution and cancellation of orders, as per item 12, above; (iv) the results arising from any type of external influence or the installation, on the equipment used by you, of malicious software, including, without limitation, viruses, trojans, malware, worms, bots, backdoors, spyware, rootkits or any other devices that may be created, as a result of your use of Mercado Bitcoin, (v) through the Platform interface with any other third party software or software owned or used by you; and (vi) by events established in the applicable legislation such as unforeseeable circumstances or force majeure.
14.2. In addition to the liabilities already undertaken by you in these Terms of Use and provided for in the current legislation, you shall be liable for (i) any and all acts or omissions by you in connection to your access to the Platform; (ii) for any and all content uploaded, sent and/or transmitted to the Platform by you or through the Platform; (iii) for the redress of any and all losses and damages incurred by Mercado Bitcoin, another user or any third party resulting from your activity on the Platform, including, without limitation, those resulting from violation of any rights of other users or of third parties, intellectual property rights of Mercado Bitcoin, or the provisions of these Terms of Use and the Privacy and Personal Data Protection Policy..
15.1. These Terms of Use shall remain in force for an indefinite term.
15.2. For account cancellation, please send us a message using the customer service form stating the reason for closing the account and how we can improve your experience on our platform.
15.3. Updating security protocols and processing procedures does not imply the acknowledgment, implicit or express, that the previously used protocols were insufficient, but only that Mercado Bitcoin is updating its protocols according to market demand and new technologies that emerge in the sector.
15.4. The tolerance of either party with respect to the requirement of regular compliance with the obligations of the other party shall not constitute waiver, amendment, novation, of any of the rights or obligations established by means of these Terms of Use and/or the Privacy and Personal Data Protection Policy..
15.5. The nullity or partial unenforceability of these Terms of Use shall not affect you in regard to the remaining provisions that are not considered null or unenforceable.
15.6. The use of the Platform through applications installed on mobile phones is only possible using devices equipped with operating systems iOS 11 or Android 5.0 (API level 21), or later.
15.7. The laws of the Federative Republic of Brazil shall apply to these Terms of Use, and the São Paulo/SP District Court is hereby appointed in order to settle any disputes that may arise in relation to these Terms of Use.
15.8. The following instruments are integral and inseparable parts of these Terms of Use and are considered incorporated herein by reference:
15.9. If you have any further questions, please contact ourHelp Center..