eFX Services Terms

These terms and conditions of the eFX services (“Terms”) govern the services provided by Outpost (“Outpost”), a company organized and existing in accordance with the laws of Brazil and registered in the National Registry of Legal Entities of the Federal Revenue of Brazil (“CNPJ”), as a provider of payment and international transfer services (“eFX” and “eFX Services”, respectively). These Terms apply to each of the Outpost entities identified below.

Entities

These Terms apply to the following Outpost entities established in Brazil. The applicable Outpost entity responsible for your transaction will be identified at checkout and in your order confirmation, receipt, or invoice:

• Outpost Brazil 2 Limitada — CNPJ No. 62.449.239/0001-09
• Outpost Brazil Limitada — CNPJ No. 62.278.768/0001-89

Each of the above entities is a company organized and existing in accordance with the laws of Brazil, registered with the National Registry of Legal Entities of the Federal Revenue of Brazil (CNPJ), with registered office at Alameda Rio Negro, 503, sala 2020, Alphaville Centro Industrial e Empresarial, Barueri, SP, 06454-000.

By using eFX Services, you agree to abide by all of the terms and conditions of this Term. You also agree to comply with Outpost’s policies and each of the other applicable agreements.

By accepting these Terms, you, as a user of the eFX Services (“User”), are aware that Outpost provides payment and international transfer services – eFX – as provided for in Resolution No. 277, issued by the Central Bank of Brazil (“Central Bank”) on December 31, 2022 (“BCB Resolution 277/22”), as amended, as an unauthorized entity.

In the provision of the eFX Services, Outpost collects the Users’ funds and may contract, on behalf of the Users, a foreign exchange operation for the purpose of remitting the Users’ funds used to purchase products and services in Brazil abroad. Outpost may engage financial institutions or payment institutions, as the case may be, authorized to operate in the foreign exchange market, to carry out the foreign exchange operations that enable the provision of the eFX Services to the User (“Exchange Partner”). In this regard, you agree that Outpost may engage other payment service providers or foreign exchange service providers to facilitate the provision of the eFX Services.

Use of eFX services implies your full agreement with this term. If you do not accept any of its conditions, you should not use the services. By continuing to use eFX services after any update to these terms, you agree to the changes made. If you do not agree, you may terminate your contract for services, and the provisions of this term will remain applicable to use that has already occurred.

1. eFX Services

1. The services governed by this Term are available on the websites of merchants that maintain an active agreement for the use of eFX Services and that expressly make such Services available as a payment method.
2. Once you have registered on the merchant’s website and is duly registered and approved by Outpost, you will be able to choose the local payment methods made available by Outpost.
3. When making a purchase, you are entirely responsible for the correct indication of the information and values chosen that will be processed by the payment methods offered by Outpost, exempting Outpost from any responsibilities in case of data typing error and/or regret in the choice of the chosen payment method.
4. You acknowledge and agree that all information provided must be true and accurate. You hereby release Outpost, fully and without limitation, from any liability related to false, incorrect, or misleading information provided by you. Outpost won’t, under any circumstances, be held responsible for verifying the accuracy of such information.
5. Before completing the purchase, you confirm that you are fully informed about the product and/or service—including its characteristics, specifications, functionalities, restrictions, and commercial conditions—and that your decision is autonomous and conscious. Accordingly, YOU EXEMPT OUTPOST FROM ANY LIABILITY RELATED TO THE TRANSACTION, INCLUDING THE SUITABILITY, QUALITY, PERFORMANCE, OR ANY OTHER ASPECT OF THE PRODUCT AND/OR SERVICE PURCHASED.
6. Under the terms of the applicable legislation in force, a statement of the transaction will be made available to you, whose content will include a breakdown of the transaction, the identification of its value, the date of the transaction, the name of the parties involved, any fees charged as a result of the transaction, in addition to relative subtotals, if any.
7. You acknowledge that eFX Services may involve recurring or subscription payments with automatic periodic billing, as defined by the merchant. By choosing such products or services, you authorize Outpost to process charges at the intervals set by the merchant without requiring further approval for each transaction. Your initial consent applies to all subsequent charges during the contracted period, unless cancellation occurs as permitted by this Term and applicable law.

2. Exchange Operation

1. You appoint Outpost, qualified above, as your attorney-in-fact with special powers so that it can contract exchange operations, with the Exchange Partner, to, on your behalf, carry out operations of this nature for the remittance of values, and Outpost may re-establish in whole or in part the powers granted herein. For all purposes, you acknowledge that Outpost acts as an international payment and transfer service provider (i.e., eFX) on behalf of the User, pursuant to BCB Resolution 277/22, as amended.
2. The scope of the services provided by Outpost is only to serve as a means of payment in order to ensure that the funds in Reais paid by the User, which are collected/received by him/her, are effectively delivered to the merchant.
3. Outpost has no relationship with the goods and/or services offered on websites or commercial establishments, as the case may be, which are contracted/purchased by you, and Outpost is exclusively responsible for the operation of the payment method and exchange operations, with the Exchange Partner.
4. You declare that you are aware that the conversion rate between reais and us dollars will be included in the total amount of the purchase, on the date of the respective payment, being, however, subject to exchange variation of the conversion rate, as the case may be. The value of transactions transacted on websites or merchants of international purchases in a currency other than the us dollar (such as the euro) will first be converted to us dollars, according to the systems and criteria used by Outpost and, subsequently, will be converted into reais with the conversion rate on the date of authorization of the transaction.
5. You are fully aware that the conversion rates practiced in accordance with this term may vary according to the Brazilian exchange market.
6. By accepting these terms, you automatically agree to the exchange rates contracted by Outpost with the exchange partner.
7. Outpost will only send the funds to the website or international merchant after receiving your confirmation of payment, which must contain the payment method chosen by you and offered by Outpost upon financial feasibility of the exchange operation.
8. The foreign exchange operations to be contracted by Outpost, on its behalf, are subject to limits and conditions imposed by the regulations, rules and internal rules applicable to operations of this nature.

3. Registration and User Information on Outpost

1. In order to use the eFX Services, it will be necessary to obtain your personally identifiable information. Thus, by filling out our registration, you declare that the information that identifies you is true, accurate and complete. You also declare that your Individual Taxpayer Registry (CPF) or National Registry of Legal Entities (CNPJ) number before the Ministry of Finance is valid and able to carry out the exchange operation by the Exchange Partner.
2. Your information will be shared between Outpost and merchants, to the extent that it is necessary for them to perform the services for which they were contracted, observing the clauses regarding the confidentiality of information. Its information, as well as that relating to the payments made, may be provided to the Central Bank, in the manner and under the conditions that may be established by the regulator.

4. Taxes

Considering that the provision of eFX Services involves the performance of a foreign exchange operation by the Exchange Partner, the IOF-Exchange (Tax on Financial Exchange Operations) may be levied, when applicable under Brazilian law in the event of a qualifying foreign exchange transaction, and shall be born by you. The IOF-Exchange will be added to the transaction amount and passed on to the tax authorities by the Exchange Partner. The other taxes that may be levied on the transaction, as well as the ancillary obligations and instrumental duties required by the bodies that are part of the direct and indirect Public Administration, are your sole responsibility, and there is no possibility of holding Outpost, the Exchange Partner or third parties liable for the taxes that you, due to ignorance or any other reason, have not correctly remitted.

Where eFX Services are provided to merchants under a commercial agreement with Outpost, any IOF-Exchange or similar transaction-based tax incurred as part of the exchange or remittance operation may be economically borne by the merchant through a contractually agreed service or FX fee. In such cases, the User shall not bear such costs directly.

5. Refund Payment

1. In the event of a refund request by you, any amounts related to taxes on financial transactions (IOF), if levied, will be withheld for each transaction, at the time of purchase, and will therefore not be returned to you, by virtue of the applicable legislation in force.
2. The requested refund will be made available to Outpost in foreign currency for payment order in Brazil. Operationally, the conversion rate from foreign currency to Reais will be the effective date of the refund and the credit related to the refund will be made in an account previously informed by you.
3. You must make the refund request directly to the website/platform where you made the purchase, within the due legal period under the terms of the applicable legislation in force. When the legal requirements are met, Outpost will be responsible for executing the refund transaction.

6. Relationship with Third-Party Websites

1. Third-Party Websites. Websites that sell products and/or services that accept the payment method offered by Outpost in accordance with this Terms have different commercial, tax, and intellectual property regulations. It is your sole responsibility to analyze the legal and financial implications regarding the importation of goods and services available on international websites.
2. Irregular Products. You must specifically pay attention to and refrain from purchasing products and/or services that (i) violate applicable law, statute, ordinance or current regulation; (ii) are related to the sale of prohibited or controlled substances; (iii) items that promote intolerance to minorities of any nature; (iv) items that infringe or violate any copyright, trademark, right of publicity, or privacy; ammunition, firearms or firearm parts; products with a high probability of being fraudulent (price incompatible with the market average or with irregular specification), among other cases provided for by law that should be avoided.
3. Lawful Use. You shall only use the eFX Services for lawful purposes.
4. You are responsible for informing yourself with the international website, recipient of the shipment, about the possibilities and ways of returning the goods or canceling the service in case of defect or failure.

7. Outpost Rights

1. Outpost Suspension and Termination Rights. Outpost may suspend or terminate these Terms and your access to the eFX Services at any time, upon written notice, in cases of breach, disagreement, lack of commercial interest, or to comply with applicable laws or regulations.
2. No waiver. Our failure to act with respect to a breach of any of your obligations under this Term by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
3. Indemnification. You agree to defend, indemnify, and hold harmless Outpost from any claim or demand (including reasonable attorneys’ fees) made or incurred by any third party due to, or arising out of, your violation of these Terms, your improper use of the eFX Services, your violation of any law or the rights of a third party, and/or the actions or omissions of any third party or access our websites, software, systems (including any networks and servers used to provide the eFX Services) operated by us or on our behalf.
4. Limitation of Liability. OUTPOST’S LIABILITY IS LIMITED WITH RESPECT TO YOUR USE OF THE EFX SERVICES. IN NO EVENT SHALL OUTPOST BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR LOSS OF BUSINESS) ARISING OUT OF OR RELATED TO OUR WEBSITES, SOFTWARE, SYSTEMS (INCLUDING ANY NETWORKS AND SERVERS USED TO PROVIDE THE EFX SERVICES) OPERATED BY US OR ON OUR BEHALF, THE EFX SERVICES OR THIS TERM (REGARDLESS OF ITS ORIGIN, INCLUDING NEGLIGENCE), UNLESS AND TO THE EXTENT PROHIBITED BY LAW. OUTPOST WILL ALSO NOT BE LIABLE FOR THE CONDUCT AND ANY DAMAGES CAUSED BY THE EXCHANGER.
5. Our liability to you or any third party under any circumstances is limited to the actual amount of direct damages. In addition, to the extent permitted by applicable law, Outpost is not liable, and you agree not to hold Outpost liable, for any damages or losses (including, without limitation, loss of resources, intangible assets or reputation, profits or other intangible losses, or any special, indirect or consequential damages) resulting directly or indirectly from: (i) your use of or your inability to use our websites, software, systems (including any networks and servers used to provide the eFX Services) operated by us or on our behalf; (ii) delays or interruptions in our websites, software, systems (including any networks and servers used to provide the eFX Services) operated by us or on our behalf; (iii) viruses or other malicious software obtained by accessing our websites, software, systems (including any networks and servers used to provide the eFX Services) operated by us or on our behalf or any website or service linked to our websites, software; (iv) faults, bugs, errors or inaccuracies of any kind in our websites, software, systems (including any networks and servers used to provide the eFX Services) operated by us or on our behalf or in the information and graphics obtained from them; (v) the content, actions, or inactions of any third party; or (vi) your need to modify your practices, your content or your behavior, or your loss or inability to do business, as a result of changes to this Terms or Outpost’s policies.
6. Under no circumstances will Outpost be liable for any loss, damage, defect and/or failure arising from the transaction between you and the third-party website receiving the shipment, including, but not limited to, those caused by the following scenarios: (i) payments made to unwanted destinations or payments in incorrect amounts due to the entry of incorrect information by the User; (ii) errors or omissions in the content of the international website receiving the shipment; (iii) misuse of the content of the international website receiving the shipment; (iv) impossibility of any person accessing the international website receiving the shipment; (v) delays, losses, errors or omissions resulting from the failure of telecommunication or any other data transmission system and the failure of the central computer system or any part thereof of the international website receiving the shipment; (vi) any results arising from acts of government or authority, or any acts of force majeure; (vii) vices and failures of products and services; and (viii) damage occurred during freight.
7. Disputes with Outpost. Disputes between you and Outpost regarding the eFX Services can be reported to Outpost’s online Customer Service via support@outpostnow.com. If you are not satisfied with the solution provided by Outpost Customer Service, you can contact your local relevant Ombudsman - please refer to your local authorities website for contact details.

8. Miscellaneous Themes

1. Entire Agreement and Survival. This Term, together with any applicable policies on the Terms and Conditions page on the Outpost website, sets forth the entire understanding between you and Outpost regarding the eFX Services. All terms which, by their nature, should survive, shall survive the termination of this Term. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck down and the remaining provisions shall be enforceable.
2. Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without the prior written consent of Outpost. Outpost may transfer or assign this Term or any right or obligation under this Term at any time.
3. Governing Law and Jurisdiction. This Term shall be governed by and construed in accordance with the laws of the Federative Republic of Brazil. Except as otherwise agreed by the parties, you agree to irrevocably submit to the jurisdiction of the courts of the city of São Paulo, State of São Paulo, with express waiver of any other court, however privileged, for purposes of any suit, action, or other proceeding arising out of this agreement or your use of our websites or eFX Services.
4. Identity authentication and verification of additional information. You authorize Outpost, either directly or through a third party (including the Brazilian Federal Revenue Service and the National Financial System Customer Registry – CCS) to ask any questions we deem necessary to verify your identity and the information you provide to us.
5. Law No. 9,613 of March 3, 1998 (Anti-Money Laundering Law), Law No. 12,846 of August 1, 2013 (Anti-Corruption Law), Circular 3,978/2020 (issued by the Central Bank for combating money laundering and countering the financing of terrorism) or any other applicable legislation may require Outpost to verify certain information/documents if you use certain Outpost services. Outpost reserves the right to terminate, suspend or limit access to the eFX Services in the event that, after reasonable consultation, we are unable to obtain the information about you necessary to confirm your identity or other required information.
6. You also acknowledge that, pursuant to article 7, item ii, of law no. 13,709, of august 14, 2018, Outpost may share your personal data to comply with legal or regulatory obligations.