- Lawful use. Duty of collaborationThe User must use the Platform in accordance with its purpose and in accordance with these T&C, laws, generally accepted morals and good customs and public order.The User must respond promptly and appropriately to any information request made through the Platform.
- Services
- Generalities. Boundaries. Subject to technical availability, the User may, through the Platform, carry out purchase, reception, storage, shipping and sale operations of digital assets, among others that may be made available by DAYNIGHT. A service is provided through which Users can carry out exchange operations (purchases and/or sales) of Bitcoins and other cryptocurrencies or digital assets among themselves, using the different legal tender currencies - FIAT Money - supported by the Platform. . It is understood that Daynight only manages the Platform to facilitate interaction between Users and at no time does it actively participate in the relationship or the completion of transactions between Users or in the decisions made by them. It is also stated that the Pollux Crypto Platform does not carry out movements of legal tender money between the different User Accounts. To do this, the different banks, in each country where Pollux Crypto operates, will be the ones in charge and responsible for this aspect. The User accepts and acknowledges that the acceptance of these Terms and Conditions does not create any partnership, mandate, franchise, or employment relationship between the Site and the User. It is expressly established, and the user accepts that the Company, through the Site, does not provide any type of investment advice in relation to the services provided. The Company may provide information regarding the price, range, volatility of Virtual Currencies and events that have affected the price of Virtual Currencies, but this will in no case be considered financial or investment advice and should not be construed as such. Any decision to purchase or sell Virtual Currencies is the exclusive decision of the User and the Company will not be responsible for any loss suffered as a consequence of that decision. DAYNIGHT may, at any time, modify the limits on the number or amount of Management Orders to comply with the policies for the prevention of money laundering and terrorist financing, DAYNIGHT policies or others that may be applicable.
9.2.2. User Responsibility. The User is solely responsible for each Order he uploads and its consequences and acknowledges that DAYNIGHT will not verify the business underlying the Order, nor its cause, purpose or circumstances, nor the capacity of the contracting parties. The User is responsible for any errors (including, without limitation, typing errors - including those referring to the amount, the number of digital assets or the recipient -, resubmission of forms or duplication of orders) that may have been made when completing or issuing a Order and when sending digital assets to or from the Platform (including, without limitation, the sending to the Platform and from it outwards, of digital assets not supported by it and/or by the recipients or through the use of networks not supported by the Platform and/or by recipients for sending or receiving digital assets). It is also the responsibility of the User to pay the taxes applicable to the operations that they carry out with the Platform; DAYNIGHT will not be responsible for making notifications, withholdings, payments or any other obligations of the User to the competent authorities.
- Absence of guarantees. The User acknowledges and accepts that DAYNIGHT is not responsible for, nor does it guarantee compliance with: (i) any obligation assumed by any User, nor (ii) any obligation assumed by any human or legal person associated or linked to DAYNIGHT for which it is not have a duty to respond.
- Costs and commissions. The User acknowledges and accepts that operations may entail expenses, costs and commissions. All costs and commissions established by DAYNIGHT are duly reported on the Platform. The User must inform themselves about the costs or commissions imposed by third parties other than DAYNIGHT before issuing any Order. The issuance, by the User, of an Order constitutes a declaration of knowledge and acceptance of all related expenses, costs and commission.
- Acceptance and rejection of Orders. DAYNIGHT may preventively reject an Order in the cases provided for in these T&C.
- Third party terms and conditions. The User acknowledges and accepts that, in the execution of a Management Order, third parties may intervene. These third parties may subject their products and services to their own terms and conditions and their privacy policy, which will be promptly informed by DAYNIGHT or its supplier and must be accepted by the User in order to access these products and services. In the event that these terms and conditions contain any provisions that contradict these T&Cs, the User accepts that these T&Cs will prevail.
- Boundaries. DAYNIGHT may determine or modify the limits of the different operations that will be informed in the respective operations or in the corresponding section on the Platform.
- DAYNIGHT faculties. Boundaries. Operations Communication. By adhering to these T&C, Users assume, in a personal and non-transferable manner, full responsibility for their statements and declare that they have the economic capacity to transact in the intended volumes, with DAYNIGHT having the power to, at any time, request the User's reliable verification of their financial capacity, under penalty, at the discretion of DAYNIGHT, of reducing the limit granted or other measures that are legally possible to be adopted, which does not grant the User any right to compensation, compensation, credit and/or penalty of any kind.
- Operations with Argentine pesos
- The user will have their CVU in Poluxpay linked to their DAYNIGHT account in the Application and, by virtue of such linkage and acceptance of these terms, the User will send instructions to Poluxpay that the latter will consider to have been carried out irrevocably by the user. The user accepts that the balance of Argentine pesos that is available in the payment account of the Payment Service Provider offered by Polux Capital SA ("Poluxpay") will be used to pay for the operations that the user carries out in his or her account in DAYNIGHT. In this sense, once the operation has been arranged, the user authorizes a collection request for the transfer to be made immediately to the collection agent designated by DAYNIGHT, which will be detailed on the platform. By obtaining their CVU in Poluxpay, the User acknowledges and accepts that they grant Poluxpay an irrevocable mandate to transfer on their own account and order the sums of money that they indicate - from their CVU in Poluxpay - to the bank or payment account that the User User indicates that it may be their property or that of a third party.
- Operations with digital assets
- Receipt or purchase of digital assets. The User accepts that the receipt of digital assets in their Account may be carried out through the issuance of purchase orders by the means available through the Platform or indicated on the Platform - which DAYNIGHT may modify without prior notice - or by receiving transfers. of digital assets from third parties. By issuing a purchase order for digital assets, whatever the means of payment, the User acknowledges and accepts that they will be authorizing DAYNIGHT, with the User's funds available in their Account, to provide the User with the quantity and type of digital assets. indicated, through any of the channels and in any lawful manner that DAYNIGHT determines in its sole discretion. The User accepts that the quote indicated by DAYNIGHT will only be maintained for the period established on the Platform.
- Storage of digital assets. The User acknowledges and accepts that, in order to provide a better User experience and to minimize the consequences of potential attacks on the User or the Platform, the digital assets that the User views on the Platform as their own may be associated with one or more Public Keys controlled by DAYNIGHT and/or its related companies instead of the User's Public Key. “Public Key” means the alphanumeric code used in blockchains to identify a specific digital asset account. The User grants an irrevocable mandate to DAYNIGHT so that it safeguards the digital assets of their Account in one or more Public Keys controlled by DAYNIGHT and/or its related companies and/or third parties, whether they use their own or third-party services and/or tools. third parties so that DAYNIGHT can adequately provide the Services related to digital assets.
DAYNIGHT itself and/or through its commercially linked companies, use a double digital asset custody mechanism, of “cold and hot wallets” (the first are storage systems that do not need to remain connected to the network and the second are storage systems. storage connected to the network), so that the majority of the digital assets held by Users are stored by DAYNIGHT and/or its related companies in “cold wallets” that constitute more secure “offline” systems. Thus, the digital assets reflected in the balance of each User on the Platform may be hosted in “cold wallets” of DAYNIGHT and/or its commercially linked companies.
- Shipping and sale of digital assets. The sale and shipment of digital assets may be carried out through the means available on the Platform and in the manner indicated therein. The sending or sale of digital assets will require that the specified amount and type of digital asset exist in the Account, and in all cases it will be subject to the payment of any debt that the User had with DAYNIGHT, whatever the cause. The User accepts that the quote provided by DAYNIGHT to the User will only be maintained for the period established on the Platform.
- Delays. Cancellations. The User accepts that any type of operation with digital assets may suffer delays or cancellations by third parties. The User acknowledges that DAYNIGHT will not be responsible for direct and/or indirect damages that delays and/or cancellations by third parties may cause.
- Performances. The User accepts that the existence of digital assets in their Account for any period of time will not make them the beneficiary of returns of any kind unless DAYNIGHT expressly establishes otherwise for a specific product or Service.
- Commissions. The User accepts that DAYNIGHT may charge a commission for the provision of Services related to operations in digital assets, equivalent to a percentage of the amount of each operation, which will be charged when each operation is carried out. The percentages are published on the Platform. It is expressly established that DAYNIGHT may modify at any time and unilaterally the percentages of the commissions and their form of paymentpay. Any change in the commission scheme will be published on the Platform and/or notified to Users through one of the available digital channels.
- Exclusion of warranties and liability with respect to blockchain technologies. Forks. DAYNIGHT has no authority or control over the blockchains or software protocols that govern transactions with digital assets enabled on the Platform. Generally, these blockchains and protocols are open source and anyone can use, copy, modify and distribute them. Consequently, DAYNIGHT does not assume any responsibility for the operation of such protocols nor does it guarantee their functionality, security or availability. By using the Services, the User acknowledges and accepts that blockchains and protocols are subject to sudden changes in their operating rules (such as in the case of eventual bifurcations or “Forks”), which may materially and/or significantly affect the value , functionality or name of the digital asset in question, and create new digital assets. In the event of a Fork, DAYNIGHT may immediately suspend its operations temporarily and, if it deems necessary, may (a) configure or reconfigure its systems and/or (b) decide not to support (or stop supporting) a Fork. protocol and/or the original and/or alternative digital asset, as long as the User has the opportunity to withdraw the original digital assets from the Platform. The User accepts that DAYNIGHT has and will not be obliged to assign or in any way credit to the User the alternative digital assets coming from a Fork. The User accepts that DAYNIGHT does not assume any obligation or responsibility with respect to a Fork, an unsupported branch of a blockchain, or an alternative protocol to an existing one. Likewise, the User recognizes and accepts that transactions made on Blockchain are irreversible once confirmed through the protocol established in each case and that DAYNIGHT has no capacity to reverse them.
- User Responsibility. The User is responsible for complying with all rules, measures, regulations and/or communications on access to the exchange market and complementary issues issued by the Central Bank of the Argentine Republic or any competent body, without prejudice to those that are the exclusive compliance of the provider. relevant to the Service.