Terms Of Service

1. Platform Overview

The Cueva platform (the "Platform") is a decentralized technological tool developed to facilitate peer-to-peer (P2P) transactions between users who wish to exchange digital assets and fiat currency. Cueva acts solely as a software provider and does not intermediate, hold, custody, or manage user funds in any way.

Use of the Platform is entirely at the user's discretion and responsibility. Cueva provides no guarantee as to the availability, performance, or outcomes of transactions carried out between users.

By accessing or using the Platform, the user agrees to be bound by these Terms of Service ("Terms").

2. Legal Jurisdiction

Cueva is developed and maintained by an entity established in the Republic of Argentina. The Platform operates under the laws of Argentina and is not intended to be directed or offered in jurisdictions where its operation would be contrary to local law.

3. User Responsibility and Compliance

Users are solely responsible for ensuring that their use of the Platform complies with all applicable laws and regulations in their respective jurisdictions.

Cueva does not provide legal, financial, or tax advice. Users should obtain their own independent advice before engaging in any transaction.

Users acknowledge that they are acting on their own initiative and that Cueva does not solicit, promote, or advertise any service in any particular jurisdiction.

4. Restrictions and Prohibited Use

The user agrees not to use the Platform for any unlawful activity, including but not limited to:

• money laundering or terrorist financing,
• fraud or market manipulation,
• circumvention of sanctions or embargoes,
• or any conduct that violates applicable financial or securities regulations.

Cueva reserves the right to restrict or suspend access to users suspected of engaging in prohibited or unlawful activity.

5. Third-Party Mentions and Content

The Platform may contain links or references to third-party websites or services. Cueva does not control and is not responsible for the content, accuracy, or practices of such third parties. Access to any external service is at the user's sole risk.

6. No Financial Advice or Services

Cueva does not provide investment, financial, or trading advice. Any information presented through the Platform is for general informational purposes only.

Users are responsible for making their own independent decisions before engaging in any transaction.

Cueva is not a financial institution, broker, exchange, or payment service provider.

7. Privacy and Data Handling

Cueva may collect and process limited technical or usage data strictly necessary for the functioning and improvement of the Platform, in accordance with its Privacy Policy.

Personal information voluntarily provided by the user (e.g., for compliance or verification purposes) will be handled in compliance with applicable data protection laws.

8. Disclaimer of Warranties

The Platform and all associated services are provided on an "as is" and "as available" basis, without any warranties of any kind, express or implied.

Cueva makes no representations or warranties regarding availability, reliability, accuracy, or security of the Platform.

9. Limitation of Liability

To the fullest extent permitted by applicable law, Cueva, its affiliates, developers, or associated persons shall not be liable for any damages, losses, or costs, whether direct or indirect, arising from the use or inability to use the Platform, including lost profits, data, or goodwill.

10. Modifications

Cueva may modify or update these Terms at any time. The updated version will be published on the Platform and will take effect immediately upon publication. Continued use of the Platform constitutes acceptance of the modified Terms.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of Argentina.

Any dispute arising from or related to these Terms shall be submitted to the competent courts of the City of Buenos Aires, Argentina.

12. Cross-Border Access and No Offer

The Platform is made available as a decentralized technological tool developed and maintained by an Argentinian entity. It is not directed toward or intended for use by any person or entity in any jurisdiction where the publication or availability of the Platform, or the use thereof, would be contrary to applicable law or regulation.

Accessing or using the Platform from outside Argentina does not constitute a solicitation, offer, or invitation to engage in any activity that is regulated in the user's jurisdiction. Users who choose to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws.

12.1 Services to Clients Established or Located in the European Union (EU)

1. Scope and Nature of Service

Cueva is not authorized to provide crypto-asset services within the European Union ("EU") under Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on Markets in Crypto-Assets ("MiCAR"), nor does it maintain a registered office in any EU Member State.

Accordingly, Cueva does not offer, promote, or market crypto-asset services in the EU. Any service provision to clients established or located in the EU may only occur where such service is initiated at the exclusive initiative of the client, in accordance with Article 61 of MiCAR ("Reverse Solicitation Exemption").

2. User Declaration

By accessing or using Cueva's services from within the EU, the user expressly declares and confirms that:

• a) they have initiated contact with Cueva on their own exclusive initiative, without having been solicited, promoted, advertised, invited, or offered any service by Cueva or by any person acting on its behalf or having close links with it;
• b) they are aware that Cueva is not authorized within the EU as a Crypto-Asset Service Provider ("CASP"), and that any service provided by Cueva will be strictly limited to cases falling within the Article 61 MiCAR exemption;
• c) they understand that Cueva may retain written or electronic records evidencing that the access or service provision was initiated at their own exclusive initiative, including information such as the date, communication channel, IP address, declared country of residence, and any other relevant compliance data;
• d) they acknowledge that Cueva may only offer, if applicable, crypto-assets or services of the same type as those originally requested at the user's own initiative, consistent with MiCAR's requirements.

3. Marketing and Distribution Restrictions

Cueva, its affiliates, or any person acting on its behalf shall not solicit, promote, advertise, or distribute marketing materials regarding its services to individuals established or located in the EU.

"Promotion" or "solicitation" includes, but is not limited to, any targeted or public communication conducted within the EU, such as advertisements, social media campaigns, press releases, banners, newsletters, affiliate programs, sponsorships, or equivalent means.

4. Access Limitation

Cueva may implement geolocation or verification measures to restrict access for users located in the EU who have not initiated contact on an individual and voluntary basis.

Cueva reserves the right to deny or suspend access to its services whenever there are reasonable doubts about the user's exclusive initiative or compliance with the conditions set out in this section.

5. Confidentiality of Information

Any material or information shared by Cueva with a user located in the EU under the Reverse Solicitation Exemption shall be considered strictly confidential and shall not be distributed, copied, or shared with any third party without Cueva's prior written consent.

13. No Establishment Outside Argentina

Cueva does not maintain subsidiaries, branches, or offices outside the Republic of Argentina.

Any representation to the contrary by third parties is unauthorized and invalid.

14. No Personalized Services

Cueva provides no personalized or tailored financial services.

All use of the Platform is carried out at the sole discretion and responsibility of the user.

15. Risk Acknowledgement

The user acknowledges that trading, exchanging, or transacting with crypto-assets involves inherent risks, including market volatility, loss of value, and technological vulnerabilities.

Cueva assumes no responsibility for such risks. Users should only engage in activities they fully understand and are willing to bear the consequences of.

16. User Conduct and Transactional Responsibility

The user is solely responsible for any transaction or interaction carried out through the Platform.

Cueva is not a counterparty to any transaction and does not mediate between users.

Users must ensure that any transaction complies with applicable anti-money laundering, tax, and regulatory obligations.

17. Dispute Resolution and Support

Any queries or disputes regarding the Platform should be addressed through the support channels provided by Cueva.

Cueva will make reasonable efforts to resolve any issues but does not guarantee specific outcomes or results.