Last updated: 05 May, 2025
The Binance group is a global blockchain ecosystem centered around an online exchange for digital assets trading, which provides users with a trading platform to buy and sell digital assets, an integrated custody solution allowing users to store their digital assets and other digital asset-related services. The Binance Pay product suite is one such digital asset-related service. This Binance Pay Terms of Use (the "Terms") is concluded between you (referred to as "you" or "your") and Binance (as defined in the Binance Terms) ("Binance", "we", "our" or "us").
By registering to use Binance Pay, you are entering into a legally binding agreement with us, and if you use the Pix functionality in relation to the Binance Pay Services you are also entering into a legally binding agreement with ZERO INSTITUIÇÃO DE PAGAMENTO S.A. ("Zro Bank”), a foreign exchange and securities brokerage firm duly authorized to offer payment services in the capacity of issuer of electronic currency and accredited in the Brazilian Instant Payment System (“SPI”) by the Brazilian Central Bank (“Central Bank”).
These Binance Pay terms of use (the "Terms") will govern your access to and use of Binance Pay Platform (as defined below), and, if applicable it will also govern your use of the Pix functionality of Binance Pay, which allows you to withdraw your selected cryptocurrencies (“Cryptocurrencies”) in order to fund a payment account opened with Zro Bank and make Pix transactions to any Merchant or entity/person that accepts the Pix payment method instituted by the Central Bank of Brazil. You hereby agree that certain provisions of these Terms will automatically apply if you intend to use Pix functionalities related to Binance Pay.
You hereby agree that the payment account to be opened with Zro Bank will be used solely to enable the PIX functionality described herein. Therefore, you will have no direct access to said payment account, and no direct deposits or withdrawals by you or third parties will be allowed. In the event of a deposit made by you or any third party into the said payment account, you agree that the respective amount will be automatically refunded to the source account from which the deposit was made.
The services of Binance Pay may be provided by Binance, any Binance Affiliate, or other service providers designated by us, and if you use the Pix functionality the Binance Pay services will be provided jointly with Zro Bank.
The Binance Payservices are currently only provided in specific countries and will be expanded to other territories at our discretion, however, the Pix functionality will only be provided in the jurisdictions that accept Pix as a payment method. We also reserve the right to choose at our sole and absolute discretion, the markets and jurisdictions to conduct business, and may restrict or refuse in our sole and absolute discretion at any time, the provision of Binance Pay in certain countries or regions (including but not limited to situations where such restrictions are required to ensure compliance with any applicable legal and regulatory obligations).
The Terms, as amended from time to time, are available to you on the Platform or upon request. If you do not agree to the Terms as well as amendments that may be made from time to time (if any), please do not use these services or the Platform. Users in certain regions may have different Terms applicable to them, which are to be enacted and may be updated by us from time to time. In case you use the Pix functionality, these Terms may also be updated upon Zro Bank´s request, as Zro Bank may have to comply with additional regulatory regimes imposed by the Central Bank.
The Terms will become effective after the date of its acceptance by you, but not before we have deemed you acceptable for the service. By clicking "Accept" or "Agree" where this option is made available to you by us via the Platform for the service and which you hereby adopt as your electronic signature, or by accessing or using the Binance Pay Platform, you hereby consent and agree that: (a) you have read, understood, accepted and agree to be bound by these Terms, our Binance Terms at https://www.binance.com/pt-BR/terms and acknowledge our Privacy Notice at https://www.binance.com/pt-BR/privacy (the Binance Terms and our Privacy Policy shall be read together with and supplemental to these Terms); (b) you are aware of, and shall assume all risks, associated with transactions involving virtual assets; and (c) we shall not be liable for any such risks or adverse outcomes relating to the same.
For clarity, your subsequent and continued access to and use of Binance Pay and Platform shall constitute continued acceptance of these Terms and all other terms that are incorporated herein, including any updates, amendments or modifications to them from time to time.
1. Applicability
1.1 These Terms and Conditions will govern your use of the standard functionality of Binance Pay, which allows you to trade your selected Cryptocurrencies with accredited Merchants in exchange (dação em pagamento) for goods and services and to make Cryptocurrency transfers to other Binance Pay users. Additionally, if you use the Pix functionality in relation to the Binance Pay services, these Terms will also govern your use of the Pix functionality of Binance Pay, which allows you to withdraw your selected Cryptocurrencies in order to fund a payment account opened with Zro Bank and make Pix transactions to any Merchant or person that accepts the Pix payment method instituted by the Central Bank.
2. Definitions
2.1 Unless otherwise provided herein, the capitalized terms herein shall have the same meaning set forth in the Binance Terms of Use (https://www.binance.com/pt-BR/terms, the “Binance Terms”).
2.2 “Binance Pay Platform” or “Platform” represents (i) the websites, mobile apps for Android or iOS or other platforms, integrating certain services provided by our cooperative service providers, our Binance Affiliates or us; and (ii) in respect to the Pix funcionality, the websites, mobile apps for Android or iOS or other platforms, which is a virtual environment accessed through our platforms but operated by Zro Bank and integrated with its systems as it is connected to the SPI. The Binance Pay Plaform combines the following additional services provided by Zro Bank, our Binance Affiliates or us:
2.2.1 Binance Pay Wallet and Binance Pay Service as set forth in Section 4.1 and 4.2 hereof, which are governed by the present Terms;
2.2.2 crypto-fiat exchange services provided;
2.2.3 Pix transaction provided solely by Zro Bank, if applicable; and
2.2.3 other related services.
2.3 "Binance Pay Service” or “Binance Pay” means the services provided by us and/or any of our Binance Affiliates and/or respective service provider(s) designated by us to facilitate transfers in connection with your online transactions concluded on and through the Platform. If you use the Pix functionality Binance Pay Services will also involve the services provided by Zro Bank, as further detailed in Clause 4 below:
2.3.1. Transfers to Merchants: possibility to transfer your preferred virtual assets to merchants accredited with us or with the respective service provider(s) designated by us (“Merchant”) to acquire goods and services offered by said Merchants;
2.3.2. Transfers to other users: the possibility to transfer virtual assets holdings by you in your Binance Pay Wallet to other Binance users.
2.3.3. Transfers to whomever you want: if you use the Pix functionality, you also have the possibility to transfer fiat to any entity/person you want for your personal purposes (“End Receiver”) using your virtual assets existing in your Binance Pay Wallet, as further detailed in section 4.2.4. below, and such End Receiver does not have to be our client.
2.4 “Binance Pay Wallet” means a product containing a set of Platform functionalities, which consists of the possibility to create and maintain a client profile (the “Client Profile”) in the Binance Platform. The Client Profile provides you the possibility to:
2.4.1 open, maintain and use a virtual wallet under your Client Profile, through which you can top up, manage and save various types of cryptocurrencies and other like virtual assets deemed acceptable to us from time to time and under certain situations(for clarity, we reserve the right at our sole discretion to dictate the types of Cryptocurrencies which may be deemed acceptable to us, as part of our provision of Binance Pay Services);
2.4.2 transfer the Cryptocurrencies from your spot trading wallet under Binance Account or other crypto wallets deemed to be acceptable by us from time to time, to the Binance Pay Wallet.
2.5. “Pix” means instant payment transactions, which can only be offered through institutions authorized by the Brazilian Central Bank (“Central Bank”) to offer payment services, which is the case of Zro Bank as a foreign exchange and securities brokerage firm duly authorized to offer payment services in the capacity of issuer of electronic currency and accredited in the SPI by the Central Bank.
2.6. “SPI” means the Brazilian Instant Payment System, a payment clearance and settlement infrastructure operated by the Central Bank that is responsible for processing Pix transactions.
3. Registration and Verification
3.1 You acknowledge and agree that a condition for becoming a Binance Pay user and register a Client Profile is to fulfill the following steps:
3.1.1 first applying for a Binance Account;
3.1.2 navigating to the Binance Pay Platform located on the Binance Platform;
3.1.3 agreeing with these Terms, as well as other legal documents if applicable;
3.1.4 reading and confirming your receipt of our Privacy Policy, to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information;
3.1.5 if you use the Pix functionality, agreeing with our use and disclosure of your information, which will be provided to us and shared with Zro Bank for it to conduct the necessary analysis to open your payment account and for purposes of compliance with Central Bank requirements;
3.1.6 if you use the Pix functionality, whenever requested, providing Binance with the necessary documentation required by the Central Bank´s regulation and by Zro Bank´s internal policies to open and maintain opened your individualized payment account at Zro Bank, through which the Pix transfer to the Merchants or the service providers or the End Receiver will be executed; and
3.1.7 agreeing with terms, agreements, privacy policies, rules and policies (if any) provided by third-party service providers which are necessary for you to enjoy certain services related to Binance Pay and provided on the Platform and, if you use the Pix functionality, agreeing with Zro Bank´s terms, agreements, privacy policies, rules and policies available at [https://www.zrobank.com.br/] (hereinafter jointly referred to as the “Zro Bank's Agreements”);
3.1.8 regardless of your intention to use the Pix functionality or not, entering valid and accurate data, such as your Binance Account, your name, country of residence, mobile phone number, email and other, as required by us; and
3.1.9 verifying your mobile phone number and/or additional identification information as indicated by our appointed processor or us.
3.1.8 Strictly for cases where our service provider intermediates Binance Pay in the modality ‘Transfer to Merchant’ without the Pix functionality, as indicated in Item 2.3.1 above, you agree to grant us a specific Power of Attorney with the sole purpose of allowing us to automatically and instantly transfer your Cryptocurrencies, on your behalf, to the Binance Pay Wallet and, subsequently, to debit your Binance Pay Wallet (or, strictly in accordance with item 4.6.1 of these Terms and Conditions, any other Cryptocurrency balance you may have at other wallets opened with the Binance Platform) to our service provider´s Binance Pay Wallet, who will act in the capacity of your selected Merchant´s commissioner (pursuant to the terms and conditions entered between the Merchant and our service provider), in order to operationalize the transfer of your Cryptocurrencies in exchange for goods and services provided by the Merchant.
3.1.9 If you intend to use the Pix functionality, you agree to grant us a specific Power of Attorney with the sole purpose of allowing us, once you authorize the Binance Pay transaction and execute the payment order generation, to automatically and instantly settle your Cryptocurrencies, on your behalf, to credit your Binance Pay Wallet with Brazilian Reais (“BRL”) and, subsequently, to transfer such BRL amount to your individualized payment account opened at Zro Bank (in accordance with item 3.1.6 of these Terms and Conditions), so that Zro Bank can use the funds due to the settlement of your Cryptocurrencies to perform a Pix transfer through the SPI to the selected Merchant´s or End Receiver chosen transactional account in exchange for goods and services provided by the Merchant or for any other personal purpose you may have, as long as in compliance with Zro Bank´s rules and policies.
3.1.8.1. The Power of Attorney indicated in the item 3.1.8 or 3.1.9 above, as applicable, will be deemed as granted once you register to use Binance Pay and will be in full force until your Binance Pay account is terminated, for any reason, as indicated in these Terms.
3.2 You hereby declare that you are registering for Binance Pay on your behalf only and that you are not acting on behalf or for the account of a third party.
3.3 Eligibility for Binance Pay:
3.3.1 To be eligible to use any functionalities of the Binance Pay, you must (i) be at least 18 years and have the full right, power, and legal authority to enter into the Terms; (ii) be a resident of specific countries listed in the Platform, and if you are registering to use Binance Pay in Brasil, be a Brazilian resident;(iii) have a valid and active Binance Account and/or other Cryptocurrency accounts acceptable to us; (iv) if you intend to have the Pix functionality, have a valid and active payment account opened at Zro Bank and comply with the Zro Bank's Agreemens for such purposes; and (v) comply with other qualification requirements set forth in the Binance Terms and, if you use the Pix functionality, comply with any other additional requirements imposed by Zro Bank or Binance for purposes of compliance with its regulatory obligations.
3.3.2 Upon registration for Binance Pay and during the validity period hereof, you must provide current, complete, and accurate information by personalizing your Client Profile, as requested by us, and maintain that information current and accurate during your use of Binance Pay.
3.4 You acknowledge and agree that we and/or our appointed processors, and Zro Bank if you use the Pix functionality, shall be entitled to, and you shall cooperate with and assist us and/or our appointed processor and/or Zro Bank to, undertake identification, credit, anti-money laundering, counter-terrorism financing, KYC and other necessary checks and screenings required to comply with our or ours and Zro Bank's (if applicable) internal compliance policies and applicable laws, at any time during your registration and use of service when our appointed processors , Zro Bank (if applicable) or we deem necessary in our or their sole discretion.
3.5 You also acknowledge and agree that all information you provide to us, which will also be shared with Zro Bank if you use the Pix functionality, must be complete, accurate and truthful at all times. You must update this information whenever it changes. We and Zro Bank, as applicable, cannot be responsible for any financial loss arising out of your failure to do so. We and/or our service providers (if any), and Zro Bank (if applicable), may also ask you at any time to confirm the accuracy of your information and/or provide additional supporting documents. You also expressly acknowledge and agree that we may share such information with our service providers (if any) and that we will share all such information with Zro Bank if you intend to use the Pix functionality, for legal and regulatory compliance purposes and to allow the Binance Pay service provision to you.
4. Functionalities of Binance Pay
4.1 Binance Pay Wallet Functionalities:
After completion of registration and verification, you can use the following Binance Pay Wallet functionalities:
4.1.1 to open and maintain your Binance Pay Wallet as well as top up and save Cryptocurrencies that may be accepted by us from time to time into the Binance Pay Wallet, via transferring from other Platforms in your Binance Account or any other method acceptable by us. Where the funding method chosen by you involves access to and use of any other features or services offered by us, you also agree to be bound by all the terms and conditions that are applicable to such features or service (as amended from time to time), including, but not limited to, the Terms of Use of the “Fiat Trading” Functionality for Brazilian Users accessible HERE (as amended from time to time). Without limitation to the generality of the foregoing and where applicable you further agree that where your funding method involves access to and use of the Binance Simple Earn product suite, you will be bound by its applicable terms accessible here: https://www.binance.com/en/terms-simple-earn (as amended from time to time)
4.1.2 to withdraw Cryptocurrencies from the Binance Pay Wallet to other wallets in your Binance Account or any other cryptocurrency wallets acceptable by us;
4.1.3 to track and check the crypto balance and trading information of use of Binance Pay; and
4.1.4 other functionalities we provide from time to time as set forth and updated on Binance Platform or Binance Pay Platform.
4.2 Binance Pay Service
After completion of registration and verification, as well as activation of Binance Pay Wallet, and after opening the payment account at Zro Bank, in accordance with Zro Bank's Agreements, if you intend to use the Pix functionality, you can use Binance Pay Service with your Binance Pay Wallet on the Mobile App or via the website as set forth in the below.
4.2.1 To Transfer Cryptocurrency To The Other Binance Users. You can transfer Cryptocurrency to the other Binance users via scanning their respective QR code with the Binance Pay mobile app. We may, at our discretion, impose limits on the amount of cryptocurrency you can transfer, including the amount you settle for purchases through Binance Pay. You can view any transfer and settlement limit by logging into your Binance Account. We may increase your limits if you complete the same steps to verify your information as is required for the removal of withdrawal limits.
4.2.2 To Receive Cryptocurrency From Other Binance Users. If another Binance user transfers Cryptocurrencies to you, the amount of Cryptocurrency will appear in your Binance Pay Wallet balance. Binance may, at its sole discretion, limit you to withdraw the Cryptocurrency you received in a period of time for AML or other compliance purposes.
4.2.3 To Make Transfers To A Merchant. You can purchase goods or services from a Merchant, by (i) transferring Cryptocurrency directly to a Merchant on its Binance Pay Account or at any other hot wallet used by such Merchant; or (ii) ordering us, in the capacity of your attorney-in-fact, to debit the corresponding amount of Cryptocurrency required to fund your purchase from your Binance Pay Wallet and then transferring the proceeds either in Cryptocurrency or in fiat currency of such settlement to a third party service provider´s, which will act in the capacity of commissioner of the Merchant to receive the respective amount for the account of the Merchant. This includes but is not limited to: a) transferring your Cryptocurrencies to a Merchant at an online Merchant website in exchange for goods and services when selecting Binance Pay as your purchase method at checkout, b) transferring your Cryptocurrencies to a Merchant in exchange for goods or services via scanning their respective QR code with the Binance Pay Mobile App, and c) transferring your Cryptocurrencies to a third party Merchant in exchange for goods and services, via the Binance Pay Platform, through Merchant’s ’mini-program (embedded in Binance app platform) or otherwise. In order to manage risk, Binance Pay may limit the Cryptocurrencies available for a transaction when you make an attempt to exchange them for goods and services. In addition, the Binance Pay Services may be limited for certain Merchants or if you use Binance Pay through certain third-party websites or applications.
4.2.4 To Make Transfers To A Merchant or Any Other Entity/Person using the Pix functionality. If you use the Pix functionality, you can purchase goods or services from a Merchant or transfer fiat to any other entity/person for your personal purposes, by ordering us, in the capacity of your attorney-in-fact, to settle the corresponding amount of Cryptocurrency required to fund your purchase from your Binance Pay Wallet and then transferring the proceeds in fiat currency of such settlement to your individualized payment account opened at Zro Bank, through which the Pix transaction to pay the Merchant, the service provider or the End Receiver will be carried out. We may, at our discretion, impose limits on the amount of cryptocurrency you can transfer when using the Pix functionality. You can view any transfer limit by logging into your Binance Account. The mentioned limit will always correspond to the fiat limit associated with your verification level. This limit is not cumulative across different Binance Pay products.
4.2.5 To receive services from Licensed Payment Services Provider ("PSP")/access P2P services. (A) You can use Binance Pay/Send Cash feature to: (i) access and receive services from a licensed PSP, through which, you can instruct PSP to transfer fiat to your designated recipient on your behalf; and/or (ii) seamlessly access our Binance P2P service to directly trade digital assets with other counterparties, through the Binance Pay/Send Cash feature. (B) If you access or use this Send Cash feature, you also agree to be bound by the Send Cash terms of use accessible here: https://www.binance.com/en/send-cash/terms-of-use. (C) For clarity, in respect of the foregoing sub-paragraph (A)(i), the processing of any and all such transfers by PSP to your designated recipient is solely performed and provided to you by PSP. In this respect, you further acknowledge that we do not perform any regulated services with regards to the transfer of fiat to your designated recipient, as part of the above mentioned Send Cash services
4.3 Other services
After completion of registration and verification, as well as activation of the Binance Pay Wallet, and after you transfer or receive Cryptocurrencies, if you do not use the Pix functionality, you may thereafter choose to settle Cryptocurrencies in exchange for certain fiat currencies. In order to acquire goods and services through Binance Pay, such settlements shall be made in accordance with the Terms of Use of the “Fiat Trading” Functionality for Brazilian Users, available HERE (as amended from time to time). For the avoidance of doubt, if you use the Pix functionality all such services are provided solely by Zro Bank, which is accredited with the SPI and therefore authorized to perform Pix transactions. Our role in this regard is limited solely to being a technology services provider by integrating the Binance Pay Platform with Zro Bank´s system and facilitator to enable you to avail yourself of these crypto-to-fiat functionality, by connecting and integrating with Zro Bank through the Binance Pay Platform, who will receive your instructions to perform the Pix transaction with the funds received due to the settlement of your Cryptocurrencies.
In case of any concerns or problems related to the crypto-fiat exchange functionality, you can refer to relevant descriptions, announcements, and FAQs published in the Platform or contact us at [email protected].
4.4 Refunds.
4.4.1 When you make a purchase from a Merchant or Service Provider online or at the Merchant’s or service provider´s location using Binance Pay and the transaction is ultimately refunded, the payment will be refunded to your Binance Pay Wallet balance in the same type of Cryptocurrency the Merchant or service provider accepted in exchange for the provision of the goods and services you acquired, as long as such type of Cryptocurrency is accepted by us at the time of the refund. In cases the transaction has been made using the Pix functionality , the refund will be made in BRL in the exact same value converted at the moment of the payment.
4.4.2 This Section 4.4 on refunds shall apply in respect of all Binance Pay Services, unless the issue of refunds in respect of any particular Binance Pay Service is separately stated in these Terms or any other terms agreed between you and us, or specified otherwise by us. In such an event, that separate provision shall apply, but only in relation to that particular Binance Pay Service and no other.
4.5 Payment Review
4.5.1 When Binance or our service providers, or Zro Bank if you use the Pix functionality, identifies a potentially high-risk transaction, we review the transaction more closely before allowing it to proceed. When this happens, Binance Pay will place a hold on the transaction and notify the Merchant or service provider to delay shipping of the item or to delay provision of their services to you (as the case may be) or delay the receipt of the amount transferred to the End Receiver if you use the Binance Pay functionality and are transferring fiat to any entity/person other than the Merchant or service providers. This may delay your receipt of the item or service you exchanged for Cryptocurrencies through Binance Pay. If we, and Zro Bank, if you use the Pix functionality, clear the transaction, we will notify the Merchant and/or service provider and direct them to ship the item or to provide the service (as the case may be). If we, or Zro Bank, if you use the Pix functionality, do not clear the transaction, we will cancel it and return the Cryptocurrencies to you in the exact amount retained at the moment you request the transaction, unless we are legally required to take other action.
4.6 Negative Balance
4.6.1 Pursuant to the power of attorney granted by you to us under these Terms and Conditions, if there are any negative balance in the Binance Pay Wallet due to settlements to pay Merchants or service providers, or any other End Receiver if you use the Pix functionality, being higher than the available balance in the Binance Pay Wallet (or otherwise), we reserve the right to (i) reject the Cryptocurrency settlement necessary to complete the transaction; (ii) deduct the negative amount from any associated accounts under your Binance Account, and/or (iii) take other necessary measures at our sole discretion to satisfy the negative balance and compensate for our losses (if any);
4.6.2 You agree that if any negative balance in the Binance Pay Wallet is uncollectible from any of your associated accounts under Binance Account or other those provided by other service providers, (i) your Binance Pay Wallet, your use of all functions provided in the Binance Pay and/or other services provided by us may be suspended until the negative balance is satisfied and your Binance Pay Wallet is brought into good standing, and (ii) we reserve the right to relieve our losses in all reasonable manners to the maximum extent permitted by law.
4.7 Incorrect transfers
4.7.1 You agree that if any balances are incorrectly or erroneously transferred (as determined by Binance in our reasonable discretion) or alleged to have been incorrectly or erroneously transferred to a Binance Pay Wallet, and/or the sender of the payment did not have authorization to send the payment, we reserve the sole right to freeze, claw-back or reverse such transfer. Further, if you are a sender seeking our assistance to help recover balances which you claim have been incorrectly or erroneously transferred, please note that whilst we will make reasonable attempts to assist you with reversing and/or recovering the transferred Cryptocurrencies, we are unable to guarantee you that our attempts to do so will be successful. Accordingly, all users are reminded to top-up their wallets and perform their transactions cautiously (including verifying the intended transaction and recipient's details) before proceeding. We will not be liable for any loss or damage that may be caused directly or indirectly by any transfers that you may have erroneously performed, or be liable for reimbursing or compensating you for losses arising from such erroneous transfers.
5. Fees
5.1 In consideration of the use of the Services we provide you through Binance Pay Platform, certain fees may apply. In the event that such fees are applicable, then unless specified otherwise by us, you agree to pay us the fees for completed trades in accordance with our fee schedule in the Binance Pay FAQ (if any) available HERE (“Fee Schedule”) (or such other webpage that we may specify), which we may revise or update at our sole discretion from time to time. Changes to the Fee Schedule are effective as of the date set forth in any revision and will apply prospectively from that date forward. Additionally, please note that in certain instances when you use Binance Pay, there may also be a need for us, directly or via one of our service providers, or via Zro Bank if you use the Pix functionality, to perform a Cryptocurrency withdrawal, in order to enable the Binance Pay service provision to you. In such instances, if you do not use the Pix functionality, the applicable rates of any such withdrawals may also include a spread due to our service provider who will act in the capacity of the Merchant´s commissioner, which is disclosed to you in our Fee Schedule and you hereby acknowledge and agree with such spread and all fees due to the use of the Binance Pay services.
5.2 When such fees or Cryptocurrencies withdrawal are applicable, the relevant fees will be displayed to you for your consideration. You must confirm your acceptance to such fees/rates before the transaction is completed. You also authorize us to deduct any applicable fees from your Binance Pay Wallet, and in the event of insufficient Cryptocurrencies in your Binance Pay Wallet, we are entitled to collect Cryptocurrencies from other wallets under your Binance Account.
5.3 Unless otherwise provided by us, the fees mentioned above do not cover any additional fees to be charged by the third party service providers or governmental authorities, taxes and foreign exchange costs, which may be declared by such third party service providers or governmental authorities via separate legal documents and may be different when applied for different users and different regions. You further authorize us to deduct any of the foregoing third party or compulsory charges from your Binance Pay Wallet (and other wallets under your Binance Account, provided there is a negative balance in your Binance Pay Wallet) at the proper time at our sole discretion.
5.4 This Section 5 on fees/spread shall apply to all Binance Pay Services, unless the issue of fee/spread payable in respect of any particular Binance Pay Services is separately stated in these Terms or any other terms agreed between you and us, or specified otherwise by us. In such an event, that separate provision shall apply, but only in relation to that particular Binance Pay Service and no other.
6. Usage Specification and Permissible Actions
6.1 You may only use the Platform in bona fide and accordance with the functionalities of the Platform. You agree to use the Platform only as permitted by:
6.1.1 the Terms, Binance Terms, Zro Bank's Agreements (if you use the Pix functionality) and any other terms as may be agreed between you and us (collectively “Agreed Terms”);
6.1.2 characteristics, settings and limits of the Platform, including the setting of limits and options by you as allowed by the Platform, as published and updated by us from time to time on the Platform;
6.1.3 any applicable rules and policies stipulated by other service providers to the Platform or, if you use the Pix functionality, by Zro Bank, which will provide the payment services and is connected to the Platform; and
6.1.4 any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions.
6.2 It is strictly forbidden to use the Platform in violation of the Agreed Terms, or for any illegal purposes. In particular, you shall under no circumstances use the Platform for activities which involve or may involve any of the following:
6.2.1 breach of the Terms (including, without limitation, providing false identifying data, such as false names, email address, multiple mobile numbers or other data, with attempting or resulting in the opening of multiple Client Profiles or Binance Pay Wallets for a single user or avoiding any restrictions imposed by us in another way);
6.2.2 breach or risk of breach by you of any law, statute, contract, or regulation applicable (including without limitation, IP laws, or those governing payment and financial services including anti-money laundering or terrorist financing, or similar regulatory requirements, including where we cannot verify the identity or other data about you according to our internal regulatory requirements of, consumer protections, unfair competition, anti-discrimination, gambling, false advertising, illegal sale or purchase or exchange of any goods or services according to all applicable laws);
6.2.3 abuse of any service in the Platform on your side;
6.2.4 use of the Platform in a manner that results in or may result in complaints, disputes, claims, fees, fines, penalties and other liability to us or any of our branches or agents, Affiliates, Zro Bank (if applicable) and other similar;
6.2.5 intercepting or monitoring, damaging or modifying any communication that is not intended for you or use any type of spider, virus, worm, trojan-horse or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Platform;
6.2.6 use of any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy for which you do not have license or permission from the owner of such rights;
6.2.7 use the Platform in connection with any other underlying illegal operation such as but not limited to collection or harvesting any personally identifiable information;
6.2.8 engaging in any activity that interferes with or disrupts the Platform (or the servers and networks which are connected to the Platform, or impacting or attempting to impact the availability of the Platform, with a denial of service (DOS) or distributed denial of service (DDoS) attack;
6.2.9 reproducing, duplicating, copying, selling, trading or reselling the Platform for any purpose; or
6.2.10 use of the Platform for any sale or purchase of goods and/or services, which are not acceptable to us as published in Binance.com or Binance mobile app or as instructed in writing by us.
6.3 You shall not use the Platform and shall not accept the Terms, and we are entitled but not obliged to temporarily stop or terminate the Platform and/or any of the Terms immediately and without prior notice to you, and/or suspend or restrict your access to the Binance Pay Platform of any or all of its functionalities (for any such duration as we deem fit in our sole and absolute discretion) immediately and without prior notice to you if:
6.3.1 you are not of legal age to form a binding contract with us and operate the payment instrument or funding instrument for use with the Platform; or
6.3.2 you are (or subsequently become) a person barred from receiving the Platform services under any applicable laws or regulations, the requirements of any service provider or Merchant, the Binance Terms, or any other Agreed Terms or our rules or policies;
6.3.3 you have not been duly identified or verified by us, and/or Zro Bank (if applicable), upon our single discretion or upon ours and Zro Bank´s single discretion if you use the Pix functionality; or
6.3.4 for any other important reasons, upon our discretion, or upon Zro Bank's discretion if you use the Pix functionality, such as but not limited to risk, legal and regulatory compliance.
6.4 We shall be entitled to notify you at any time for the termination of your use of the Platform via email or on the Platform, in case you have become a non-acceptable user for us. The decision for the refusal is strictly in our discretion, and we shall not be liable for whatsoever compensations.
6.5 Non-satisfaction of these Terms or any other Agreed Terms may result in:
6.5.1 immediate suspension or restriction of any or all functionality or service provided in the Platform set forth herein, if applicable, for any such duration as we deem fit in our sole and absolute discretion;
6.5.2 the right of us or the respective service provider to withhold funds in your Binance Pay Wallet and/or any other wallets in your Binance Account, and of Zro Bank to withhold funds in your payment account if you use the Pix functionality, for the satisfaction of damages incurred by the respective service providers or us, because of your breach;
6.5.3 claim by us or Zro Bank (if applicable) against you via initiation of procedures before competent regulatory bodies or card organizations;
6.5.4 termination of the Terms without prior notice to you, and/or;
6.5.6 if you use the Pix functionality, your payment account opened with Zro Bank being blocked or closed.
7. Personal Data Protection
7.1 By using the Pix functionality, you acknowledge that we may share necessary personal data and documents you provided to open your Binance account with Zro Bank through the Binance Pay Platform. This is solely for the purpose of enabling you to onboard with Zro Bank and open the required payment account with Zro Bank, through which the Pix transactions will be executed upon your order.
For more information about our data protection practices, you are required to read and acknowledge our Privacy Notice (https://www.binance.com/pt-BR/privacy), which forms an integral part of the Terms available on the Platform.
If you use the Pix functionality, Zro Bank will collect and store your personal data for purposes of compliance with Central Bank’´s applicable regulation and you are required to read and acknowledge their Privacy Policy.
8. Termination of the Terms
8.1 The Terms will continue to apply until terminated by either party hereof, as set out below unless otherwise stipulated in applicable laws.
8.2 You may stop using the functionalities of the Platform and terminate the Terms subject to the following conditions and provisions:
a. If you wish to terminate the Terms with us, you may do so immediately and without charge for termination at any time by notifying us in accordance with Section 13 below.
8.2.2 In case of any risk of damages for us, resulting from claims, fees, fines, penalties, your non-compliance with regulations, contractual obligations or other similar liabilities arising from your use of the Platform, you hereby agree that we may withhold your Cryptocurrencies in your Binance Pay Wallet and any other wallets in your Binance Account (when there is a negative balance in your Binance Pay Wallet, the same below), or instruct the entities, which are providing services to your Binance Pay Wallet and any other wallets in your Binance Account, or Zro Bank, as the entity providing Pix services, to withhold your fiat funds – which will be deposited at your payment account opened at Zro Bank if you use the Pix functionality – or Cryptocurrencies therein, for a period allowed by law even after termination of the Terms. You shall remain liable for all obligations arising under the Terms even after termination of the Terms and/or close of your Binance Pay Wallet.
8.3 . If you're using the Pix functionality, we will always be entitled to close your payment account opened with Zro Bank, without reasons and at any time, subject to and considering the terms of the Zro Bank's Agreements. In this event, you agree that the closure of your payment account opened with Zro Bank will immediately result in your inability to use the Pix functionality of the Binance Pay Platform.
8.4.You acknowledge and agree that we may stop providing service to you in the situations and ways as set forth herein.
8.4.1 We may, at any time, terminate the Terms with you without notice if:
a. you have breached any material provision of the Terms or any other Agreed Terms or law (or have acted in a manner which clearly shows that you do not intend to or you are unable to comply with the material provisions of the Terms or Agreed Terms); or
b. we are required to do so by applicable law or regulations (including, without limitation, where the provision of the Platform to you becomes non-compliant with the regulations).
c. If you use the Pix functionality, Zro Bank is required to close your payment account or has to do so in order to comply with its internal policies;
8.4.2 Unless a shorter period is provided in the Terms, as permitted by law, we may, at any time, terminate the Terms by giving you written notice.
8.5 When the Terms terminate, all of the legal rights exercised, and all the obligations and liabilities assumed by either party hereof in accordance with the Terms, or which have accrued over the period while the Terms have been in force, or which are expressed to continue indefinitely, shall be unaffected by the termination. You agree that Section 8, 10 and 13, as well as any other terms which by their nature should survive, shall survive the termination of these Terms.
8.6 Subject to Section 8.5 above and applicable laws and unless otherwise provided herein, where the Terms are terminated by either party hereof, you will be entitled to a refund of any available balance in your Binance Pay Wallet in accordance with these Terms.
9. Limitation of Warranties
9.1 We make no express warranties or representations with respect to the provision of the Platform. In particular, we do not warrant to you that:
9.1.1 your use of the Platform and any service provided therein will meet your requirements or expectations;
9.1.2 your use of the Platform and any service provided therein will be uninterrupted, timely, secure or free from error; and
9.1.3 any information obtained by you as a result of registration or use of the Platform and any service provided therein will be accurate or reliable.
9.2 No conditions, warranties or other terms (including any implied terms as to the satisfactory quality, fitness for purpose or conformance with description) apply to the Platform, except to the extent that they are expressly set out in the Terms.
9.3 Subject to other provisions hereof, nothing in the Terms will affect those mandatory or statutory rights to which you are entitled as a consumer and that you cannot contractually agree to alter or waive. The rights and protections afforded to us under this Clause 9 is in addition to any other rights and protections afforded to us under other clauses in these Terms and the Binance Terms and any other Agreed Terms between you and us.
10. Liabilities and Limitation
10.1 To the greatest extent permitted by law, we will not be liable to you for:
10.1.1 any indirect or consequential losses which may be incurred by you, including without limitation, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;
10.1.2 unless caused by our intent or gross negligence, any loss or damage which may be incurred by you as a result of:
a. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party (including without limitation Zro Bank and any other service providers) on or through the Platform;
b. any change which we or Zro Bank (as the case may be) may make to the Platform or any permanent or temporary cessation in the provision of the Platform (or any features within the Platform);
c. use of any service provided by us in the Platform;
d. malfunction of the Platform;
e. your failure to provide us with accurate information; and
f. any fraudulent use of the Platform or attempt for fraudulent use by you or third parties related to you.
10.2 We do not assume any responsibility for the information provided by you or other persons to any third parties upon which we cannot influence or control in any way. You acknowledge and agree that we are not liable for any damages or claims resulting from your use or visit on third parties’ websites.
10.3 You agree that you are fully responsible for (and that we have no liability to you or any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which we may suffer) of any such breach.
10.4 The mobile application for Binance Pay for smart devices is available for downloading only for certain smart devices as described in the Terms and we are not liable for lack of availability of the service on mobile or smart devices, or inability to download or use the services via a particular smart device, or lack of the service or part of the service, because of lack of Internet, mobile operator services (such as SMS or other) or hardware specifics or problems.
11. Indemnification and Release
11.1 You agree to indemnify and hold us, our Affiliates, and any other service providers, and each of our or their officers, directors, agents, joint venturers, employees, and representatives harmless from any claim or demand (including attorneys’ fees and any losses, fines, fees, or penalties imposed by any regulatory authority, or damages claimed against us by other third parties) arising out of your breach of these Terms, or your violation of any law or regulation.
11.2 For the purpose of this Section 11, the term “losses” means all net costs reasonably incurred by us or the other persons referred to in this Section 11 which are the result of the matters set out in this Section 11 and which may relate to any claims, demands, causes of action, debt, cost, expense or other liability, including reasonable legal fees (without duplication).
11.3 If you breach these Terms or violate the law and it results in us facing claims or expenses, you agree to indemnify us for the harm and losses that we may incur (“Indemnification”).
11.4 If you have a dispute with one or more users or third parties, you release us (and our Affiliates, Zro Bank (if applicable) and service providers, and each of our and their officers, directors, agents, joint ventures, employees, and representatives) from any and all claims, demands, and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. If you have a dispute with anyone other than us and Zro Bank, you release us and Zro Bank from liability associated with that dispute.
12. Amendments and Revisions
12.1 You agree that we may amend or revise the Terms from time to time by publishing them on the Platform. It is your responsibility to frequently check for updates to these Terms, if any.
12.2 You understand and agree that you will be deemed to have accepted the amendments and revision unless you terminate the Terms as set forth in Section 8.2.
12.3 Nothing in this Section 12 will limit our right to update and revise the Terms and our policies from time to time or to add new features to the Platform from time to time without prior notice, which may be accepted by you by using the new feature. Such revisions may take place using a method chosen at our discretion, and such a method may also include email communication or publication on the Platform.
12.4 We may introduce innovations, improvements, developments, new functionalities to be provided by us and Zro Bank (if you use the Pix functionality) or other service providers to the Platform, or amend the names, logo or features of Platform unilaterally and without your consent, for which we shall inform you via email, or the Platform.
13. Communications and Notices
13.1 All information will be made available or provided to you in an easily accessible manner, in Portuguese and other languages supported by us.
13.2 You agree that we may send notices and other communications to you via the Platform, email or other reasonable means to any matter relating to your use of the Platform, including the Terms (and revisions or amendments to the Terms), notices or disclosures regarding the Platform.
13.3 You agree that all communications in connection with your use of the Platform, including Pix functionality, shall only be sent to us via the designated email address ([email protected]).
13.4 In the following urgent cases, you have to notify us immediately without delay:
13.4.1 notification of loss, theft, unauthorized use or security breach;
13.4.2 notification of your disagreement with the amendment or revision of the Terms and wish to terminate the Terms.
14. Miscellaneous
14.1 Force Majeure. We shall not be liable for any failure or delay in the performance of our obligations under these Terms or any unavailability thereof that is due, in whole or in part, directly or indirectly to any Force Majeure events, which is beyond our reasonable control.
14.2 Applicable Law and Jurisdiction. The interpretation and scope of these Terms of Use will be in accordance with the applicable Laws and Regulations in effect in the Federative Republic of Brazil. Any dispute arising out of the use of the Binance Pay Services and Binance Pay Platforms by you shall be submitted to the State Court of São Paulo, State of São Paulo, Brazil, which will prevail over any other, no matter how privileged it may be, and will be ruled according to the laws of the Federative Republic of Brazil.
14.3 Risk Warning. You also acknowledge the following risk: Digital asset prices can be volatile. The value of your investment may go down or up and you may not get back the amount invested. You are solely responsible for your investment decisions and Binance is not liable for any losses you may incur. Please fund your wallet and perform your transactions cautiously. We do not provide financial advice. For more information, see also our other risk warnings here: https://www.binance.com/en/risk-warning