Last updated: November 18, 2024
The present agreement (hereinafter, the "Agreement") constitutes a legal document between You (hereinafter, interchangeably "You," the "User," or collectively, the "Users") and UNICORN PAYMENTS, SOCIEDAD LIMITADA, with NIF B67625871, located at Paseo de Gracia No. 53, 8th Floor, 08007 Barcelona, Catalonia (hereinafter, interchangeably "Bennu" or the "Company"). The terms and conditions set forth below govern access to and use of the Bennu platform, which consists of the website https://bennu.app/en/ (hereinafter, the "Website"), the Bennu mobile application (hereinafter, the "App"), and the services provided through these platforms (hereinafter, the "Services").
By accessing or using the Website and/or the App, You, whether on your own behalf or on behalf of a legal entity, agree to these Terms and Conditions, as well as the Privacy Policy and other applicable regulations incorporated by reference. If acting on behalf of a legal entity, You represent and warrant that you have the necessary legal authority to accept these Terms and Conditions on its behalf.
These Terms and Conditions may be modified by Bennu at any time by posting changes on the Website. Users are encouraged to periodically review the Terms and Conditions. Continued use of the Website and/or the App after any modifications will be considered acceptance of the changes.
1. Who We Are
Bennu is a company dedicated to providing financial services through new technologies. We are in the process of obtaining a license as a Financial Technology Institution of the Banking Sector (ITFB) in accordance with the provisions of Resolution No. 001.21, dated January 4, 2021, which contains the "Regulations Governing Financial Technology Services in the Banking Sector (FINTECH)," as republished in the Official Gazette of the Bolivarian Republic of Venezuela No. 42,162, dated July 6, 2021.
Financial Technology Institutions of the Banking Sector (ITFB) are public or private legal entities, national or foreign, that provide financial services through new technologies in accordance with the aforementioned regulations.
2. User Registration
To use Bennu's Services, the User must download the App and create a Bennu Account. During the registration process, the User will be asked to provide personal information and create an access password. The User must be at least 18 years old and have the legal capacity to enter into agreements. For legal entities, the entity must be established and operating in Venezuela, and the person acting on its behalf must have sufficient powers to legally bind it.
The information provided during registration must be truthful and accurate. Bennu reserves the right to request additional information and/or documentation, as well as to reject, suspend, or close the Account if discrepancies are found in the data provided or if they cannot be verified. The User authorizes Bennu to perform necessary checks to validate their identity and ownership of banking instruments.
A User is prohibited from holding more than one Account. Bennu may suspend duplicate or related accounts.
The User is responsible for maintaining the confidentiality of their password and for all activities conducted under their Account. The User must notify Bennu immediately in case of any unauthorized use of their Account or any other security breach.
3. Linking Bank Accounts and Cards
The User may link their Bennu Account to their bolívar-denominated bank accounts (hereinafter, "Linked Bank Accounts") and debit or credit cards (hereinafter, "Cards") of which they are the holder. These may be used to load funds into their Virtual Wallet and perform transactions through the App.
Only Linked Bank Accounts and Cards in bolívars and owned by the User will be accepted. Attempts to link third-party accounts or cards will be rejected and may result in the suspension of the Account.
4. Services Provided
4.1. Virtual Wallet
The User can manage funds through a virtual wallet (hereinafter, "Virtual Wallet") where funds may be deposited. The balance in the App will be displayed in bolívars.
To load funds into the Virtual Wallet, the User must transfer funds from their Linked Bank Account to the bank account designated by Bennu (hereinafter, the "Receiving Account"). Bennu will be the sole holder of this Receiving Account, which will be exclusively managed by the Company. Funds deposited into the Receiving Account are the property of the User and will be used to execute transactions requested through the App.
Bennu will not be responsible for the insolvency of financial institutions holding the funds or for political or economic decisions that may affect their availability.
4.2. Transactions
Users may perform transfers to third parties, receive transfers, make payments, and request payments through the App using the available funds in their Virtual Wallet.
Bennu will not be responsible for the existence, quality, functionality, or legitimacy of the goods or services offered or acquired by the User and paid for through the App.
The User is responsible for verifying their transaction history and notifying Bennu of any discrepancies within 30 days of the transaction date.
5. Fees and Limits
Downloading the App and using Bennu’s basic services are free. However, Bennu may establish fees for specific transactions, which will be communicated to the User before being applied.
Bennu is not responsible for any fees or charges imposed by financial institutions for transfers to the Receiving Account or by card issuers for the cards used.
Bennu may establish limits on the amount and/or number of transactions Users can send or receive, in accordance with applicable regulations. Any changes to fees or limits will be published on the Website and notified to the User through the App.
6. Service Availability
Service availability may vary depending on the User's internet or telephony connectivity and service quality. Bennu does not guarantee uninterrupted availability of the Services and is not liable for any interruptions or failures in the Services.
7. Account Suspension and Termination
Bennu may suspend or close a User's Account in the following cases:
a) If unauthorized access to the Account is detected due to negligence in protecting the User's login credentials.
b) If the User's transactions are found to be associated with fraud, illegal activities, or non-compliance with applicable regulations, including anti-money laundering measures.
c) If the creation or attempted creation of multiple Accounts by the same User is detected.
d) If the User violates these Terms and Conditions or any applicable legal provisions.
In the event of account suspension or closure, Bennu will notify the User through the registered contact information, specifying the reasons and the procedure to follow.
8. Force Majeure
Bennu shall not be liable for failures or delays in fulfilling its obligations due to events beyond its reasonable control, such as natural disasters, armed conflicts, telecommunications disruptions, government actions, or other force majeure or unforeseeable events.
9. Termination of the Agreement
The User may request the closure of their Account at any time by sending a request to hello@bennu.app. Bennu will process the request once any pending transactions are completed and will refund the available funds within no more than five business days.
Bennu may also terminate the Agreement and close the User's Account, notifying the User and refunding the available funds under the same terms.
10. Relationship with Third Parties
The User understands and agrees that Bennu works with financial institutions and third-party service providers to deliver the Services. These parties may require Bennu to share the User's personal information, which will be done in accordance with our Privacy Policy and applicable laws.
11. Electronic Communications
The User agrees to receive communications, notifications, and agreements related to the Services electronically, including emails, messages in the App, or notifications on the Website. These communications shall have the same legal validity as if provided in writing.
12. Intellectual Property
All content, trademarks, logos, and texts used on the Website and App are the property of Bennu or its licensors. The User agrees to respect intellectual property rights and not to use such materials without Bennu’s prior written consent.
13. Privacy and Data Protection
Protecting the User’s personal data is a priority for Bennu. All information provided is treated in accordance with our Privacy Policy, available at https://www.bennu.app/en/politica-de-datos-y-privacidad/, and with applicable data protection laws.
14. Indemnification
The User agrees to indemnify and hold Bennu, its directors, employees, and representatives harmless against any claim, damage, loss, or expense arising from the User's breach of these Terms and Conditions or applicable legislation.
15. Modifications
Bennu reserves the right to modify these Terms and Conditions at any time. Changes will be published on the Website and notified to the User through the App. Continued use of the Services after notification implies acceptance of the new terms.
16. Severability
If any provision of these Terms and Conditions is declared invalid or unenforceable by a competent authority, the remaining provisions will remain in full force and effect.
17. Confidentiality
The User agrees to maintain the confidentiality of the information they access through the Services and not to disclose it to third parties without Bennu’s prior written consent.
18. Dispute Resolution and Applicable Law
Any dispute arising from these Terms and Conditions will be resolved in accordance with the laws of the Bolivarian Republic of Venezuela. The parties agree to submit to the jurisdiction of the competent courts in Caracas, Venezuela.
19. Anti-Money Laundering Compliance
Bennu complies with applicable regulations on anti-money laundering, counter-terrorism financing, and the financing of weapons of mass destruction proliferation. The User agrees that Bennu may request additional information to meet these obligations and may report suspicious activities to the relevant authorities.
20. Contact and Notifications
Bennu will communicate with the User through the contact information provided during registration. The User is responsible for keeping their contact details up to date.
For any questions or notifications, the User may contact Bennu via email at hello@bennu.app.
