Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and DEKSxyz, Inc. ("CacaoCash", "we", "our", "us") governing your access to and use of the CacaoCash application, website, and related services (collectively, the "Service").

If you do not agree to these Terms, do not use the Service. We reserve the right to update these Terms at any time. Continued use after changes constitutes acceptance.

2. Eligibility

To use CacaoCash you must:

• Be at least 18 years old
• Have the legal capacity to enter into a binding contract
• Not be prohibited from using the Service under applicable laws
• Complete our identity verification (KYC) process successfully
• Reside in a country where our Service is available

We reserve the right to deny or revoke access at our sole discretion.

3. Account Registration

You must provide accurate, current, and complete information when registering. You are responsible for:

• Maintaining the confidentiality of your password and account credentials
• All activity that occurs under your account
• Notifying us immediately at info@cacaocash.com of any unauthorized access

You may not share your account with others or create accounts on behalf of third parties without our written consent.

4. The Service

CacaoCash provides a digital wallet that allows you to:

• Load funds in USD, EUR, or supported cryptocurrencies
• Pay at QR codes (Pix, Mercado Pago, and other local payment systems) across Latin America
• Convert currencies at market exchange rates at the time of payment

We are not a bank. CacaoCash is a payment technology service. Your funds are not insured by the FDIC or any equivalent government deposit insurance program.

5. Fees and Exchange Rates

Current fees are disclosed in the app before you initiate any transaction. We reserve the right to change our fee structure with 30 days' notice. Exchange rates are determined at the time of each transaction and may include a service margin. The rate applied will always be shown clearly before you confirm a payment.

6. Acceptable Use

You agree not to use CacaoCash to:

• Violate any applicable law or regulation
• Engage in money laundering, terrorist financing, or any other financial crime
• Purchase or sell illegal goods or services
• Conduct unauthorized transactions or access accounts that are not yours
• Circumvent any security measures or technical protections
• Transmit malware, viruses, or any harmful code
• Engage in fraudulent or deceptive conduct
• Impersonate any person or entity

Violation of this section may result in immediate account suspension and may be reported to relevant authorities.

7. Identity Verification and Compliance

We are required by law to verify the identity of our users (KYC) and monitor transactions for suspicious activity (AML). By using CacaoCash, you consent to:

• Providing accurate identity documents and information
• Submitting to identity verification checks by our third-party providers
• Transaction monitoring for compliance purposes
• Reporting of suspicious activity to relevant financial authorities as required by law

We may freeze or close your account if we are unable to verify your identity or if we detect suspicious activity.

8. Transactions

Authorization: By initiating a payment, you authorize CacaoCash to debit your wallet for the transaction amount plus applicable fees.

Finality: Completed transactions are generally irreversible. Before confirming any payment, verify all details carefully.

Failed transactions: If a transaction fails after funds are debited, we will return the funds to your wallet within 3–5 business days.

Limits: We may impose transaction limits for security and compliance reasons. These limits are displayed in the app.

9. Intellectual Property

All content, features, and functionality of the Service — including but not limited to text, graphics, logos, icons, and software — are the exclusive property of DEKSxyz, Inc. and are protected by intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written permission.

10. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, express or implied. We do not warrant that the Service will be uninterrupted, error-free, or free of viruses. We disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of Liability

To the maximum extent permitted by law, DEKSxyz, Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including loss of profits, data, or goodwill — arising from your use of the Service. Our total liability for any claim shall not exceed the total fees you paid to us in the 12 months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless DEKSxyz, Inc., its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable legal fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law; or (d) any content you submit through the Service.

13. Termination

We may suspend or terminate your account at any time with or without cause, with or without notice. Upon termination, your right to use the Service ceases immediately. Funds remaining in your wallet at the time of termination will be returned to you, subject to applicable legal holds and our ability to verify your identity for the return.

You may close your account at any time by contacting info@cacaocash.com.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any dispute arising from these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association (AAA). You waive any right to a jury trial or class action.

15. Miscellaneous

• Entire Agreement: These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and CacaoCash.
• Severability: If any provision is found unenforceable, the remaining provisions remain in full effect.
• Waiver: Failure to enforce any right does not constitute a waiver of that right.
• Assignment: You may not assign your rights under these Terms without our written consent. We may assign our rights freely.

16. Contact

For questions about these Terms:

• Email: info@cacaocash.com
• Company: DEKSxyz, Inc.