Terms of Use · Zayion AI — Bianchi Capital
Zayion AI · Bianchi Capital · Legal document

Terms of Use, Membership Agreement and Risk Management Policy

Contracted party: Bianchi Capital · CNPJ 35.424.037/0001-21
Term: from electronic acceptance, for an indefinite period
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Courtesy translation. This is an English translation of the Portuguese-language document "Termo de Uso, Adesão e Política de Gestão de Risco", provided solely for the convenience of the User. The Portuguese version is the sole binding and governing version and prevails in the event of any divergence, ambiguity or conflict of interpretation between versions. The original is available at bianchicapital.com/zayion-termos.
These Terms of Use, Membership Agreement and Risk Management Policy ("Terms") constitute the agreement governing the legal relationship between you ("User") and BIANCHI CAPITAL, a private legal entity registered under Brazilian corporate taxpayer number (CNPJ) 35.424.037/0001-21, with respect to access to and use of the technology platform Zayion AI ("Platform"). Creating an account, accepting electronically, paying any amount or using the Platform in any way implies full, complete and unrestricted agreement with all clauses set out herein. If you do not agree with any provision of these Terms, refrain from creating an account and from using the Platform.

1Definitions

For the purposes of these Terms, the terms below have the following meanings, in the singular or plural:

  • Platform / Zayion AI: the set of software, algorithms, interface, infrastructure and services made available by Bianchi Capital for the generation of signals and the automated execution of orders in crypto assets.
  • Signal: technical and analytical information generated automatically by algorithm or curated by the team, indicating market events, without the character of a personalised recommendation.
  • Bot / Automation: module which, upon the User's authorisation and API integration, executes buy and sell orders in the User's exchange account according to strategy parameters.
  • Exchange: third-party crypto asset exchange supported by the Platform — currently, exclusively Gate.io and BingX — where the User maintains their own account and custody. Bianchi Capital may, at its discretion, add or remove supported exchanges, upon notice on the Platform.
  • API Key: credential provided by the User, with permission restricted to order execution, without withdrawal or transfer permission.
  • Crypto Assets: digital representations of value traded electronically, including perpetual futures contracts settled in cryptocurrency or stablecoin.
  • Allocated Capital: the amount the User decides to expose to operations carried out through the Platform.
  • Risk Profile: indicative classification (conservative, moderate or aggressive) assigned to the User on the basis of a suitability questionnaire.

2Purpose and acceptance

2.1.The purpose of these Terms is to grant the User a personal, non-transferable, non-exclusive and revocable licence to use the Zayion AI Platform, within the limits and conditions set out herein.

2.2.These Terms constitute an adhesion contract. Acceptance is expressed electronically, by ticking a dedicated field and/or clicking a confirmation button, with the date, time, IP address and identification of the User being captured for evidentiary purposes.

2.3.The User declares having read, understood and accepted these Terms freely, consciously and on an informed basis, prior to any use of the Platform.

3Nature of the Platform and non-classification

3.1.Zayion AI is a technology tool for generating signals and automating the execution of orders. Its function is instrumental and operational.

3.2.The Platform does not constitute and must not be interpreted as: (i) a securities advisory service; (ii) the administration or management of a portfolio of securities or of third-party crypto assets; (iii) a personalised investment recommendation; (iv) a public offering of securities; (v) financial intermediation; or (vi) a promise, offer or solicitation of collective investment.

3.3.Bianchi Capital does not act as a manager of third-party funds, has no decision-making power over the User's assets and exercises no discretion over the User's funds beyond the automated execution of parameters previously authorised by the User.

3.4.The User acknowledges that the relationship established is one of technology service provision, and not of fiduciary management, investment mandate or individualised financial advice.

4Registration, eligibility and account

4.1.Use of the Platform is restricted to persons with full legal capacity, aged 18 (eighteen) or over, and to duly incorporated and represented legal entities.

4.2.The User undertakes to provide true, accurate and up-to-date information, being responsible for its veracity.

4.3.Access credentials are personal and non-transferable. The User is responsible for safeguarding and keeping their credentials confidential and for all acts performed in their account.

4.4.Bianchi Capital may refuse, suspend or cancel registrations showing signs of fraud, falsehood, misuse or breach of these Terms.

5API integration and custody of assets

5.1.The integration between the Platform and the User's account at the Exchange occurs exclusively through an API Key with permission restricted to order execution.

Bianchi Capital does not hold, under any circumstances, custody of the User's assets. Assets remain entirely under the ownership and custody of the User, at the Exchange chosen by the User. The Platform does not hold and will not request withdrawal, transfer or balance movement permissions, and actively rejects API keys containing withdrawal permission.

5.3.It is the User's responsibility to configure the API Key permissions correctly and to revoke them when they wish to terminate use.

5.4.The User is responsible for the choice of Exchange, for maintaining their account with it and for all risks associated with the Exchange, as detailed in Clause 7.

6No guarantee of results

6.1.Bianchi Capital does not guarantee, promise or assure any financial result, minimum return, profit, recovery or preservation of the Allocated Capital. Every operation carried out through the Platform is subject to risk, including the risk of total loss of the Allocated Capital.

6.2.Past performance — including, without limitation, backtest results, "paper" mode simulations, signal histories, accuracy statistics and marketing materials — does not constitute a guarantee, promise, projection or indication of future results.

6.3.Any figures, percentages, examples or scenarios presented in Platform materials are illustrative and educational in purpose and do not represent an expectation of return.

6.4.The User acknowledges that Crypto Asset markets are extremely volatile, operate uninterruptedly (24 hours a day, 7 days a week) and are subject to abrupt variations of great magnitude, including during periods without monitoring.

7Catalogue of risks

7.1.The User declares to be aware of and to assume, freely and on an informed basis, all the risks described below, which are illustrative and not exhaustive:

7.1.1. Market risks

  • Extreme volatility and sudden adverse price movements.
  • Price gaps (jumps without intermediate trading), which may cause stop orders to be executed at substantially worse prices than programmed.
  • Slippage (difference between expected price and actual execution price), especially in low liquidity.
  • Unforeseen correlation between assets, amplifying simultaneous losses across multiple positions.
  • Macroeconomic, regulatory and geopolitical events capable of causing extreme movements.

7.1.2. Leverage and derivatives risks

  • Perpetual futures contracts are leveraged instruments; an adverse move may cause forced liquidation of the position by the Exchange and total loss of the margin used.
  • Funding rates may erode results in maintained positions.
  • Leverage is configured by the User at their Exchange, under their exclusive responsibility.

7.1.3. Operational and technological risks

  • Failure, instability, limitation or unavailability of the Exchange's API.
  • Server unavailability, loss of connectivity, latency, infrastructure failures.
  • Software bugs that may cause unexpected behaviour, duplicate orders or failure to execute stops.
  • Lag in market data received via real-time feeds.

7.1.4. Counterparty and custody risks

  • Insolvency, bankruptcy, hacking, regulatory blocking or mismanagement of the Exchange may result in partial or total loss of custodied assets.
  • Crypto Asset exchanges are mostly offshore entities, subject to foreign legal regimes.
  • Risk of de-pegging or collapse of stablecoins used in contract settlement.

7.1.5. Regulatory and legal risks

  • Crypto Assets are not covered by the Brazilian Credit Guarantee Fund (FGC) or any equivalent deposit insurance.
  • Changes in legislation or regulation may affect, restrict or render the operation unfeasible at any time.
  • The tax treatment of gains from Crypto Assets is the exclusive responsibility of the User.

7.1.6. Risks of using algorithms and automation

  • Algorithms are calibrated with historical data and may show degraded performance in market regimes different from those observed.
  • Automation executes orders at speeds and frequencies greater than human ones, which may amplify losses in adverse scenarios.
  • Automation does not replace the User's supervision, and it is up to the User to monitor and, if they wish, pause the operation.

8Suitability

8.1.The Platform makes available a risk profile assessment questionnaire as an indicative suitability tool. The answers are the exclusive responsibility of the User, who undertakes to answer them truthfully.

8.2.The assignment of a Risk Profile is merely indicative as to the choice of strategies and does not eliminate, reduce or mitigate any of the risks described in these Terms.

8.3.The User's migration to a higher-risk Profile requires acceptance of a specific term, in which the additional risks assumed are detailed.

8.4.Bianchi Capital may, without being obliged to do so, recommend a Profile review when it identifies use inconsistent with the declared Profile.

8.5. Capital reserve per module and release to Signals

8.5.1.On the basis of the Risk Profile, the Platform reserves a portion of the Allocated Capital to the automation module ("Bot") and a portion to the Signals module. The automation module's reserve remains unavailable to the Signals module until released by the User, regardless of whether the automation module is active or inactive.

8.5.2.The automation module is supplied inactive by default, and it is up to the User to activate it if they so wish. Activating and deactivating the module are operational acts and do not, in themselves, change the reserve provided for in Clause 8.5.1.

8.5.3.The reserve is indicative in nature, in accordance with Clause 8.2, and is not binding on the User. The Platform makes available, within the automation module, the option to fully release the Bot's reserve to the Signals module, in which case the entirety of the available Allocated Capital becomes accessible for operations originating from Signals ("Signals-Only Mode").

8.5.4.The release of the reserve is an investment decision exclusive to the User. Bianchi Capital does not allocate, does not redistribute and does not decide on the apportionment of the User's Allocated Capital between modules, strategies or assets, in accordance with Clauses 3.3 and 22.

8.5.5.The release of the reserve does not change the operating mechanics of the Signals. Entry into each operation depends on the User's express and individual acceptance of the specific Signal, expressed on a dedicated confirmation screen with a risk warning displayed. Once the Signal is accepted, the Platform begins automatically executing at the User's Exchange the management acts for that operation provided for in the strategy — including the protective order (stop), take-profit orders, order adjustments and closing — without the need for a new command. Acceptance of the Signal constitutes prior, express and sufficient authorisation by the User for all such acts, with Clause 22 applying in full.

8.5.6.The release of the reserve does not reduce the risks described in Clauses 6, 7, 19, 21 and 23, does not change the real nature of the execution provided for in Clause 19 and does not transfer to Bianchi Capital any additional liability for the operations.

8.5.7.The User acknowledges that the release of the reserve eliminates the apportionment between modules provided for their Profile, increases the capital exposed to operations originating from Signals and may amplify losses in adverse scenarios, including total loss of the Allocated Capital.

8.5.8.The release of the reserve depends on the User's specific acceptance, recorded with date, time, IP address and identification, on the same basis as Clause 8.3.

8.5.9.The release of the reserve does not authorise the full exposure of capital in a single operation. Position sizing and risk parameters follow the strategy associated with the Signal and the limits configured by the User, remaining their responsibility, in accordance with Clause 23.5.

8.5.10.The release of the reserve reaches only uncommitted capital. Amounts employed in futures contract positions opened by the automation module and in spot assets acquired by it remain unavailable to the Signals module while such positions subsist.

8.5.11.The release of the reserve is reversible. The User may reinstate it at any time, subject to the availability of uncommitted capital at the time of the request.

8.5.12.Deactivating the automation module prevents it from opening new operations. As to positions already opened by the module: (i) positions in futures contracts remain under automated management until closed by the strategy, with the corresponding protective orders maintained at the Exchange; (ii) spot assets acquired remain in the User's account and cease to be managed automatically while the module is deactivated, returning to management upon reactivation — such assets have no associated protective order and remain entirely subject to market variation, including sharp and prolonged declines, in accordance with Clause 21, and it is up to the User to monitor them and decide on their retention or disposal directly at their Exchange. No position is closed automatically as a result of deactivation.

9User representations and warranties

9.1.By accepting these Terms, the User represents and warrants that:

  • they have full legal capacity and standing to contract;
  • they use funds of lawful origin and of their own ownership;
  • the Allocated Capital is risk capital, the possible loss of which does not compromise their subsistence or essential financial commitments;
  • they understand the nature, mechanics and risks of operations with Crypto Assets and leveraged derivatives;
  • they make their decisions autonomously, without having been induced by any promise of gain by Bianchi Capital or its representatives;
  • they are solely responsible for the tax and regulatory compliance of their operations.

10User obligations and conduct

10.1.The User undertakes to: (i) use the Platform in accordance with these Terms and applicable law; (ii) maintain the security of their credentials and API Keys; (iii) correctly configure their risk parameters; (iv) monitor their operations; and (v) adopt information security best practices in their Platform account and in their Exchange account, including enabling two-factor authentication (2FA) — a feature suggested during onboarding —, the use of strong and unique passwords and not exposing their credentials to third parties.

10.1.1.Adopting the security practices referred to in item (v), in particular enabling 2FA, is the exclusive responsibility of the User. Bianchi Capital is not liable for unauthorised access, operations or losses arising from failure to adopt such practices, from the compromise of credentials held by the User or from security failures in the User's own devices and accounts.

10.2.The User is prohibited from: (i) using the Platform for unlawful purposes; (ii) attempting to access, copy, decompile or reverse-engineer the software; (iii) exploiting vulnerabilities; (iv) sharing, sublicensing or reselling access; (v) overloading the infrastructure; or (vi) infringing third-party rights.

10.3.Breach of these obligations authorises immediate suspension or termination, without prejudice to other applicable measures.

11Liability and limitations

11.1.The Platform is provided "as is" and "as available", without any guarantee of uninterrupted, error-free operation or of fitness for the User's specific purpose.

11.2.The User is solely and exclusively responsible for their investment decisions, for defining the Allocated Capital, for configuring leverage and for the decision to activate, pause or terminate operations.

11.3.To the maximum extent permitted by applicable law, Bianchi Capital is not liable for market losses, loss of profits, or indirect, special or consequential damages arising from use of the Platform, except in cases of wilful misconduct or gross negligence and save for the mandatory rights afforded to the consumer User by the Brazilian Consumer Protection Code.

11.4.No provision of these Terms shall be interpreted so as to exclude non-waivable consumer rights provided for by law.

12Indemnification by the User

12.1.The User agrees to hold Bianchi Capital harmless and to reimburse it for losses, damages, costs and expenses (including reasonable attorneys' fees) arising from: (i) use of the Platform in breach of these Terms or of the law; (ii) false information provided by the User; or (iii) infringement of third-party rights by the User.

13Force majeure and fortuitous events

13.1.Bianchi Capital is not liable for non-performance or failure caused by force majeure or fortuitous events, including, without limitation: failures of the internet, power, data centres or Exchanges; cyber attacks; acts of authority; abrupt regulatory changes; catastrophes; and systemic instability in Crypto Asset markets.

14Intellectual property, unfair competition and penalty clause

14.1.All intellectual property rights over the Platform, trademarks, software, algorithms, interface, content and materials belong to Bianchi Capital or its licensors.

14.2.Acceptance of these Terms grants the User only a licence to use, under Clause 2, without transfer of any ownership right.

14.3. Expressly prohibited conduct

Without prejudice to the prohibitions in Clause 10, the User and any person accessing the Platform, directly or indirectly, are expressly prohibited from:

  • Copyright infringement and plagiarism: reproducing, copying, adapting, translating, distributing or commercially exploiting, in whole or in part, the software, the interface, the signals, the content, the materials, the methodology or the visual identity of the Platform, in breach of Brazilian Law No. 9,610/1998 (Copyright Act);
  • Unfair competition: using access to the Platform, its data, signals, methodology or customer information to develop, promote or sell a competing product or service, as well as engaging in any of the conduct classified as unfair competition under Brazilian Law No. 9,279/1996;
  • Soliciting customers: approaching, capturing or soliciting users, customers or members of Bianchi Capital communities, identified through access to the Platform or its channels, in order to offer their own or third-party products or services;
  • Defamation and harm to reputation: disclosing, by any means, false, distorted or slanderous information about the Platform, Bianchi Capital, its products or its representatives, with the purpose of damaging its image, diverting customers or obtaining undue advantage, without prejudice to liability for the crimes against honour set out in the Brazilian Penal Code;
  • Deliberate acts against operation: engaging in any deliberate act intended to harm, sabotage, overload, defraud or discredit the Platform, including systematic data extraction (scraping), reverse engineering, exploitation of vulnerabilities and manipulation of results.

14.4. Penalty clause

14.4.1.Engaging in any of the conduct prohibited in Clause 14.3 subjects the infringer to payment of a non-compensatory penalty of R$ 30,000.00 (thirty thousand Brazilian reais) per infringement, immediately payable and regardless of proof of loss, by way of a penalty clause.

14.4.2.The penalty in Clause 14.4.1 does not exclude the assessment of supplementary compensation for material and moral damages exceeding the amount of the penalty, under the sole paragraph of article 416 of the Brazilian Civil Code, such possibility being hereby agreed.

14.4.3.Bianchi Capital may, cumulatively: (i) immediately terminate the infringer's access, for cause; (ii) seek injunctive relief to cease the conduct and remove content; (iii) take applicable civil and criminal measures; and (iv) notify platforms, exchanges and competent authorities.

14.4.4.The infringer shall further bear all reasonable and documented costs and expenses incurred by Bianchi Capital in investigating the infringement and defending its rights, including contractual attorneys' fees, judicial and extrajudicial costs, expenses with expert examinations, notices, production of evidence and recording of evidence — without prejudice to court-awarded fees, the penalty in Clause 14.4.1 and the supplementary compensation in Clause 14.4.2.

14.4.5.The obligations of this Clause survive the end, cancellation or termination of the contractual relationship, for an indefinite period as regards intellectual property and confidentiality prohibitions.

15Personal data protection (LGPD)

15.1.Bianchi Capital processes the User's personal data in accordance with Brazilian Law No. 13,709/2018 (LGPD), for the purposes of: service provision, authentication, security, communication, compliance with legal and regulatory obligations, and fraud prevention.

15.2.API Keys and operational data are protected by technical and organisational security measures, and used only for the authorised execution of orders.

15.3.The User may exercise the rights provided for in the LGPD (access, correction, deletion, portability, among others) by submitting a request to the support channels.

15.4.Bianchi Capital does not sell the User's personal data. Data processing is detailed in the Privacy Policy, which forms an integral part of these Terms.

16Anti-money laundering and sanctions

16.1.The User declares that the funds used are of lawful origin and undertakes not to use the Platform for money laundering, terrorist financing or any unlawful activity.

16.2.Bianchi Capital may adopt compliance measures and report suspicious activity to the competent authorities, in accordance with applicable law.

17Pricing, recurring subscription, refund and cancellation

17.1.Use of paid Platform features is subject to the prices, frequency and conditions informed at the time of contracting, processed through the Hotmart payment platform or another processor designated by Bianchi Capital.

17.2. Recurring nature of the subscription

17.2.1.Access to the Platform is sold in the form of a recurring payment subscription. Upon contracting, the User authorises the automatic and periodic charging of the subscription amount, at the contracted frequency (for example, monthly or annually).

17.2.2.The subscription renews automatically each cycle, upon a new charge, and shall remain in force — with successive renewals — until cancelled by the User. Renewals occur automatically to ensure uninterrupted continuity of the User's access to the Platform.

17.3. 15 (fifteen) day guarantee — refund

Full 15-day guarantee. The User has a period of 15 (fifteen) calendar days, counted from the date of purchase, to request a full refund of the amount paid, without the need for justification. This contractual guarantee covers and exceeds the statutory 7 (seven) day withdrawal period provided for in article 49 of the Brazilian Consumer Protection Code (Law No. 8,078/1990).

17.3.1.Refund requests submitted within the 15 (fifteen) day period result in the return of the amount paid, processed by Hotmart in accordance with its procedures.

17.3.2.After the 15 (fifteen) day period from purchase has elapsed, there shall be no right to a refund of amounts already paid, whether for the current cycle or for previous cycles. The guarantee period applies to the contracting and does not renew with each recurring charge.

17.4. Cancellation of the subscription — end of automatic renewal

17.4.1.Cancellation of the subscription is a right of the User and may be exercised at any time, directly on the Hotmart platform, through the buyer/subscriber area.

17.4.2.Cancellation has the sole effect of interrupting future automatic renewals, avoiding new charges in subsequent cycles. After cancellation, the User retains access to the Platform until the end of the cycle already paid for, at the end of which access is terminated and there is no new charge.

17.5. Distinction between refund and cancellation

The User acknowledges and agrees that "refund" and "cancellation" are distinct concepts:

  • Refund (return of amount): available only within 15 (fifteen) days of purchase. Results in the return of the amount paid.
  • Cancellation (end of recurrence): available at any time. Only prevents future renewals. Does not, in itself, give rise to the return of any amount already paid.

17.5.1.Therefore, cancellation carried out after the 15 (fifteen) day period ends automatic renewal but does not confer a right to a refund of the amount for the current cycle or previous cycles, as the guarantee period has already elapsed. These are different legal effects, reflected as separate options on the Hotmart platform.

17.6.Refund and cancellation refer exclusively to the Platform subscription amounts. Under no circumstances do they give rise to a right to recover, be indemnified for or be compensated for market losses possibly incurred by the User in their operations while using the Platform.

17.7. Exchange partnership remuneration (rebates)

17.7.1.Bianchi Capital maintains partnership/affiliate programmes with the supported Exchanges (Gate.io and BingX). If the User creates their Exchange account through a Bianchi Capital partner link, Bianchi Capital may receive, from the Exchange itself, remuneration corresponding to a portion of the trading fees (rebates) generated by the User's operations.

17.7.2.This remuneration: (i) is paid by the Exchange, and not by the User — it does not represent an additional cost, extra fee or increase in the Exchange's normal tariffs for the User; (ii) is independent of the result (profit or loss) of the User's operations; and (iii) does not change the nature of the Platform or the non-classification provisions of Clause 3.

17.7.3.Use of the partner link is optional. The User may create or maintain their Exchange account without any link to Bianchi Capital's partnership programme, without prejudice to the functioning of the Platform.

18Term, suspension and termination

18.1.These Terms are in force from electronic acceptance, for an indefinite period, for as long as use of the Platform lasts.

18.2.The User may terminate at any time, by revoking API permissions and requesting cancellation of the account.

18.3.Bianchi Capital may suspend or terminate access in the event of breach of these Terms, indication of fraud, legal determination or discontinuation of the service, upon notice where applicable.

18.4.Orders that the Platform has left registered at the User's Exchange do not expire automatically. Once access has ended, the Platform will attempt, as a rule and within a few days, to withdraw the take-profit orders. The protective order (stop loss) is maintained while there is a corresponding open position, becoming the exclusive responsibility of the User to monitor and cancel it when closing the position; where there is no corresponding open position, it is withdrawn. Withdrawal depends on the API Key remaining valid and on the Exchange accepting the cancellation, and orders already executed cannot be cancelled. In the event of account deletion, the Platform will attempt to withdraw all orders, including the protective one. While an order from the Platform remains at the User's Exchange, it may reduce a future position of theirs in the same pair.

18.5.Upon account deletion, in addition to the minimum record provided for in the Privacy Policy, the Platform retains for up to 90 (ninety) days the list of orders it had left at the User's Exchange (exchange, pair, side, size and order number), for the exclusive purpose of allowing the User to cancel them manually. Once the period has elapsed, this list is deleted.

19Live trading mode

The Platform operates in live mode. Orders authorised by the User — by accepting a signal, activating a tool or enabling automation — are effectively transmitted and executed in the User's own account at the Exchange, with real funds, producing real gains or losses.

19.1.The User acknowledges that, by providing their API Key and enabling any execution feature, they authorise the actual execution of orders in their account, subject to all the risks described in Clauses 6, 7 and 21, including the risk of total loss of the Allocated Capital.

19.2.Historical results presented in Platform or marketing materials — including backtests, signal audits and simulations — are calculated from market data under hypothetical or past conditions and do not constitute a promise, projection, estimate or guarantee of results in live trading, given differences in liquidity, slippage, latency, costs, availability and execution. The No Guarantee of Results provision in Clause 6 applies to such results.

19.3.It is up to the User, before enabling any execution, to check the Allocated Capital, the risk parameters and the API Key permissions, and to monitor their operations while execution is active, being able to pause or terminate it at any time.

20Artificial intelligence-generated content and third-party content

20.1.Part of the Platform's informational content — including, without limitation, asset reports and analyses, market overviews and automated analyses designated "Zayion AI" — is generated by artificial intelligence systems from market data and automated indicators.

20.2.Content generated by artificial intelligence may contain inaccuracies, errors, omissions or mistaken interpretations and is merely informational and educational in nature, not constituting a personalised recommendation, securities advice, investment advice, an offer or a solicitation to trade.

20.3.The User is solely responsible for critically assessing and validating such information before any decision, and acknowledges that Bianchi Capital does not guarantee the accuracy, completeness, timeliness or suitability of artificial intelligence-generated content to their particular circumstances.

20.4.The Platform may display third-party content, including headlines, news, economic event dates and links to external pages, sourced from public sources. Such content is provided "as is", without endorsement, curation, independent verification or guarantee of accuracy, timeliness or availability by Bianchi Capital, which is not responsible for third-party content, products, services or opinions, nor for the content of external pages accessed from links displayed on the Platform.

21Risks specific to strategies and tools

21.1.In addition to the Catalogue of Risks in Clause 7, the User declares to know and accept the following risks specific to the strategies and tools made available:

  • Short selling and derivatives. Strategies may take short positions and trade futures contracts, the potential loss of which may be high and, depending on market conditions, greater than the amount initially allocated to the position.
  • Leverage and liquidation. The use of leverage, where available and selected by the User, amplifies gains and losses and may lead to liquidation of the position before the protective price (stop), with total loss of the margin employed.
  • Accumulation portfolio (hold). Maintaining a long crypto asset portfolio is subject to sharp and prolonged declines (drawdown), and the value of the portfolio may fall significantly for relevant periods.
  • Grid tool. The grid tool is intended for sideways markets, does not constitute passive income and does not guarantee results. In strong trend movements, the tool may accumulate unrealised losses. Defining the price range, the number of orders, activation, monitoring and deactivation are the exclusive responsibility of the User, who bears in full the risk of the chosen configuration.

22Decision and execution by the User (1-click activation)

22.1.Every operation carried out through the Platform arises from an express, individual and voluntary command by the User. Accepting a signal, activating a tool or enabling an automated routine constitute an order and an investment decision of the User themselves.

22.2.The 1 (one) click acceptance or activation feature consists of a mere technical implementation of the User's decision and does not transfer to Bianchi Capital any power of discretionary management, portfolio administration or investment decision-making on the User's behalf.

22.3.The User acknowledges that they retain full control of and responsibility for their decisions and that Bianchi Capital does not administer, manage or decide for them, in accordance with the Nature of the Platform and Non-Classification set out in Clause 3.

23Live Signals — informational nature

23.1.The Signals displayed on the Platform are exclusively informational, technical, analytical and educational in nature, reflecting algorithmic readings or team curation of market scenarios at particular moments. Each Signal is generated generically, without considering the individual financial situation, personal objectives, risk tolerance or specific profile of each User.

23.2.Signals do not constitute: (i) a personalised investment recommendation; (ii) securities advisory services; (iii) securities analysis for regulatory purposes; (iv) an offer, promise or solicitation to buy or sell; (v) individualised financial, accounting, tax or legal advice; or (vi) third-party asset management.

23.3.Bianchi Capital does not guarantee the accuracy, reliability, timeliness or profitability of any Signal. Signals may be false, delayed, incorrect or followed by adverse market movement, and may result in partial or total loss of capital for those who use them to trade. Accuracy statistics and past results of Signals — including from backtests — do not guarantee and do not predict the performance of future Signals.

23.4.Risks specific to Signals include, without limitation: a false positive followed by immediate reversal; delay in display due to congestion or infrastructure failure; reading error due to faulty market data; reduced accuracy in a change of market regime; slippage and gaps on execution; and overconfidence induced by the apparent objectivity of the Signal — the User must maintain their own critical judgement.

23.5.The decision to carry out any operation based on a Signal is exclusive, free, autonomous and the entire responsibility of the User, who acts at their own account and risk, being solely responsible for defining position size, leverage, risk management and protective orders (stop) at their Exchange.

23.6.The User is prohibited from: (i) redistributing, reselling, retransmitting or commercialising the Signals to third parties; (ii) systematically copying, extracting or mining the Signals; (iii) using the Signals to create a competing product; or (iv) attributing to the Signals the character of a recommendation before third parties.

23.7.Access to the Live Signals module may be conditioned on acceptance of a supplementary specific term, which applies cumulatively to these Terms; in the event of conflict on a matter specific to Signals, the specific term prevails.

24Jurisdiction and User responsibility

24.1.The User declares to be solely responsible for verifying and observing the legality of using the Platform and of trading crypto assets and derivatives in the jurisdiction in which they reside or from which they access the Platform.

24.2.The User declares that they do not access the Platform from a jurisdiction in which such activities are prohibited or restricted, and holds Bianchi Capital harmless from any liability arising from use in breach of applicable local law.

25Amendments to the Terms

25.1.Bianchi Capital may update these Terms at any time. Substantial changes will be communicated at least 15 (fifteen) days in advance.

25.2.Continued use of the Platform after the changes take effect constitutes acceptance of the new conditions. A User who does not agree must cease use.

26Notices and general provisions

26.1.Communications between the parties shall be made through the electronic channels informed at registration (email, application, messaging), and shall be deemed valid and received when sent to the registered contacts.

26.2.Tolerance of non-performance of any obligation does not constitute novation or waiver.

26.3.The possible nullity or ineffectiveness of any clause does not affect the validity of the others, which remain in full force.

26.4.These Terms do not establish a partnership, agency, employment relationship or representation between the parties.

26.5.The User may not assign their contractual position without the prior consent of Bianchi Capital.

26.6.In the event of conflict between provisions of these Terms, the provision most protective of the User prevails, subject to applicable consumer legislation.

27Dispute resolution, venue and electronic acceptance

27.1.The parties shall use their best efforts to resolve any disputes amicably through the support channels.

27.2.These Terms are governed by the laws of the Federative Republic of Brazil.

27.3.The venue of the User's domicile is elected to settle disputes, in compliance with the mandatory consumer protection rules, without prejudice to other venues afforded to the User by law.

27.4.Electronic acceptance of these Terms, recorded with date, time, identification and other validation metadata, has evidentiary value under Brazilian Law No. 14,063/2020 and Provisional Measure No. 2,200-2/2001.

Bianchi Capital does not guarantee financial results. The cryptocurrency market involves risk, including the possibility of losing the capital invested. Zayion AI is a technology tool for generating signals and automation, and does not constitute a personalised investment recommendation, securities advisory services or third-party asset management. Past results, including backtests and simulations, do not guarantee future results. The platform operates with an API key limited to executing orders at the user's own exchange — Bianchi Capital does not hold custody of clients' assets.