Terms of Service | Chulavista Investments

LAST UPDATE: January 2025

Welcome to CHULAVISTA INVESTMENTS!

This website is operated by CHULAVISTA INVESTMENTS and its affiliated companies (collectively, and hereafter referred to as “CHULAVISTA INVESTMENTS,” “we,” “us,” or “our”).

These Terms of Service (these "Terms") are an agreement that describes your rights and responsibilities as a user of CHULAVISTA INVESTMENTS. These Terms explain the terms and conditions under which you may access and use our online and/or mobile services, website, software, and documentation provided on or in connection with our Services, as defined in these Terms.

You must read and agree to these Terms before using the Services. If you do not agree, you may not use the Services. By accessing or using the Services, or by clicking a button or checking a box marked "I agree" or "I consent" (or similar), you signify that you have read, understood, and agree to be bound by these Terms and to the collection and use of your information as set forth in our Privacy Policy available here, whether or not you are a registered user of our Services. These Terms apply to all visitors, users, and others who access the Services ("Users").

We may, in our sole discretion, modify or update these Terms from time to time, so please review this page periodically. When we change these Terms in a material manner, we will update the “last modified” date at the top of this page. We may also incorporate Addenda that describe additional terms. In such cases, the Addenda will be deemed a complete part of these Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service; your sole and exclusive remedy is to terminate your use of the Services and close your Account by notifying us at support@chulavistainvestments.com, and your continued use of the Services after any update constitutes your acceptance of the new Terms of Service. You agree that we will not be liable to you or any third party for any modification or termination of the Services, or suspension or termination of your access to the Services, except to the extent otherwise expressly set forth herein.

2. Service Providers

CHULAVISTA INVESTMENTS integrates with various vendors, including digital infrastructure, identity verification, web services, and other service providers ("Service Providers"), in order to offer the Services. The Services include the ability to convert funds and send and receive payments by leveraging Service Providers, including Bridge Ventures Inc. and its subsidiaries, ("Bridge") incorporated in San Antonio, TX, USA, or other Service Providers as defined below. By using our Services, you agree to the Bridge User Agreement and Bridge Privacy Policy, which can be found here.

In some cases, our Services are offered to you directly by our Service Providers, in which case you will be notified of the entity providing the service and informed of those entities' terms of service ("Service Provider Terms").

CHULAVISTA INVESTMENTS may use Service Providers, including Onfido Limited ("Onfido") and Persona Identities Inc. ("Persona") to verify your identity and perform required regulatory checks. By registering to use the Services, or continuing to use this service, you agree that you have read, understand and agree to Onfido's Facial Scanning Policy and Release, Privacy Policy and Terms of Service and Persona's Privacy Policy, all of which can be found by clicking on the hyperlinked words.

While using CHULAVISTA INVESTMENTS Services, you may connect your CHULAVISTA INVESTMENTS account with other Service Providers, such as (but not limited to) Payoneer Global Inc., Moon Pay PTE Limited and Dlocal Corp LLP. In some cases, those Service Providers offer our Services to you directly, in which case you will be informed of the entity providing the service and will be informed of that entity's terms of service.

In the event of any inconsistency between these Terms and the Service Provider Terms, the Service Provider Terms shall govern and prevail. Violation of the Service Provider Terms shall be deemed a breach of these Terms.

3. Digital Currency

As used in these Terms, "Digital Currency" means USDC, the digital dollar issued by Circle Internet Financial, LLC. You acknowledge that CHULAVISTA INVESTMENTS accounts are denominated in USDC and that you have sufficient knowledge and understanding of the function of USDC as a means of payment and, in particular, of the manner in which USDC may be held and transferred. You further acknowledge that the value of USDC may fluctuate from time to time.CHULAVISTA INVESTMENTS cannot and will not provide you with any advice or recommendations regarding your use of USDC.

4. Regulatory

CHULAVISTA INVESTMENTS has a Money Services Business certification from the United States Financial Crimes Enforcement Network (FinCEN), and our registration number is 31000205450002 (link to register).

AirConnect LLC is a Virtual Asset Service Provider (VASP) registered under No. 82 dated September 20, 2023 in the Registry of Virtual Asset Service Providers of the National Securities Commission. The purpose of this registration is to control as an Obligated Subject before the Financial Information Unit (UIF) and any other regulatory entity authorized for this purpose, within the framework of its powers, and does not imply a license or supervision by the National Securities Commission on the activity carried out by the VASP.

5. Eligibility

CHULAVISTA INVESTMENTS may not make the Services available in all markets and jurisdictions. CHULAVISTA INVESTMENTS may restrict or prohibit use of the Services from certain U.S. states or foreign jurisdictions ("Restricted Locations"). If your location or place of residence is listed here, please be aware that there are regulatory restrictions that prevent us from offering our Services in these regions. Restricted Locations are subject to change without notice. In addition, our Service Providers may restrict the locations in which they can provide services, and this may restrict the provision of our Services to you.

You may use the Services only if you can form a binding contract with CHULAVISTA INVESTMENTS, and only in compliance with these Terms and all applicable local, state, national and international laws, rules and regulations. You further represent and warrant that:

You are of legal age to form a binding contract (at least 18 years old in the U.S.) or an institution constituted by your duly authorized representatives.

You have not been previously suspended or removed from using our Services.

You have full power and authority to enter into these Terms and, in doing so, will not violate any other agreement to which you are a party.

You are not located in or under the control of a national or resident of any Restricted Location or any country in which the U.S. prohibits use of the Services.

You are not identified as a "Specially Designated National."

You are not listed on the Department of Commerce's Denied Persons List.

You are not under any order from any judicial, regulatory or governmental authority that prevents you from using the Services.

You will not use our Services if applicable laws in your country or state prohibit you from doing so in accordance with these Terms.

6. CHULAVISTA INVESTMENTS Services

In order to use our Services, you must register and maintain an account with us (your "Account"). Registration requires you to submit to CHULAVISTA INVESTMENTS certain personal information, including documents verifying your identity; depending on your use of the Services and the results of the know-your-customer ("KYC") assessment, further information may be required on an ongoing basis. You understand and agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or if the documentation provided does not meet CHULAVISTA INVESTMENTS' standards. You further agree to maintain accurate, complete and up-to-date information with CHULAVISTA INVESTMENTS.

Your failure to maintain accurate, complete and up-to-date information may result in your inability to access and use the Services or termination of these Terms by CHULAVISTA INVESTMENTS with you. You may only have one account at a given time. The Services allow you to view your balance and transaction history in your Account.

Your use of our Services. You understand and agree that your use of the Services (i) is restricted where prohibited by law and (ii) may require separate registration, identity verification and agreement by the Service Providers providing the Services. You also acknowledge that you understand the inherent risks associated with the use of cryptographic and blockchain-based systems, and that you have a working knowledge of the use and complexities of digital assets. You further understand that the markets for these digital assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge that the cost and speed of transactions with cryptographic and blockchain-based systems, such as Ethereum, are variable and may increase dramatically at any time. You further acknowledge the risk that your digital assets may lose some or all of their value while being loaned through the applicable protocol. You further acknowledge that we are not responsible for any of these variables or risks, and cannot be held liable for any resulting losses you experience when accessing or using the Services. Accordingly, you understand and agree to assume full responsibility for all risks of accessing and using the Services and interacting with the applicable protocol. You further understand and agree that CHULAVISTA INVESTMENTS or the Service Providers may discontinue the Services at their sole discretion, at any time, and that in such event, CHULAVISTA INVESTMENTS or the Service Providers may require you to (1) transfer any cryptocurrency you hold with the Service Providers or (2) exchange such cryptocurrency for another form of value supported by the Service Providers and CHULAVISTA INVESTMENTS. In the event that you fail to complete any of these options in a timely manner, CHULAVISTA INVESTMENTS or the Service Providers may force the exchange of the cryptocurrency you hold and provide you with the equivalent in supported value, less transaction fees and expenses.

By using the Services, you agree that we and the Service Providers have the right to act on the transaction or any other instructions we receive using your login ID and password for the Services, and you agree that any action taken using your login ID and password will have the same effect as a signature authorizing the transaction or other action. Subject to applicable law, we reserve the right to deny transactions or any other actions you authorize through the Services without notice.

Integrated Companies: When Users use CHULAVISTA INVESTMENTS Services to receive funds from CHULAVISTA INVESTMENTS business users ("Integrated Companies"), Users must also agree to and comply with the terms and conditions of the Integrated Companies. Violation of the terms and conditions of an Integrated Company will be considered a violation of these Terms.

Transaction Limits. You understand and agree that CHULAVISTA INVESTMENTS or the Service Providers may impose transaction limits or restrictions based on review of your account, suspected violations of the terms of these Terms, or any other reason. CHULAVISTA INVESTMENTS has no obligation to notify you of such transaction limits or restrictions.Gobernanza de transacciones. CHULAVISTA INVESTMENTS puede validar a los Usuarios y realizar, según corresponda, revisiones y comprobaciones regulatorias, restringir los Servicios en función del propio sistema de calificación de confianza de CHULAVISTA INVESTMENTS y, en caso de sospecha de fraude o incumplimiento de la ley aplicable, llevar a cabo investigaciones.

The security of your money is very important. We will at all times act in good faith to provide our Services. However, you acknowledge and agree that CHULAVISTA INVESTMENTS does not guarantee the successful execution of all transactions you request and that CHULAVISTA INVESTMENTS or the Service Providers may also cancel a transaction at their reasonable discretion. You may be asked to provide additional information when initiating a transaction with CHULAVISTA INVESTMENTS or the Service Providers, including providing proof of the source of funds. You agree to comply with such requests and understand and acknowledge that CHULAVISTA INVESTMENTS or the Service Providers may cancel any transaction in the event that you fail to comply with such requests and may further restrict your access to and use of the Services or terminate these Terms and your Account permanently.

Marketplace and Advanced Users. You understand that certain Users who meet the required qualifications may become Advanced Users ("Advanced Users") of the Services. Advanced Users have the ability to accept transaction requests from other users on a regular basis. Advanced Users are subject to these Terms and are not employees, agents, representatives, and do not constitute a joint venture in any way or partnership with CHULAVISTA INVESTMENTS. CHULAVISTA INVESTMENTS does not purport to provide any type of financial or investment advice to Users or Advanced Users.

Charges and Fees. You understand that use of the Services may result in charges to you for the services you receive from CHULAVISTA INVESTMENTS or one of its Service Providers ("Charges"). Any Charges will be displayed before you initiate a service request and, if you approve the service request, the Charges will be deducted directly from your Account or Linked Account. All CHULAVISTA INVESTMENTS Charges paid by you are final and non-refundable, unless otherwise determined by CHULAVISTA INVESTMENTS. CHULAVISTA INVESTMENTS reserves the right to establish, eliminate and/or revise Fees for specific service requests at its sole discretion.

Chargebacks. In addition to the Fees described above, you understand and agree that you are responsible for any fees, costs, expenses, losses, charges and the like (collectively, "Chargebacks") incurred by CHULAVISTA INVESTMENTS or the Service Providers as a result of transactions initiated by you that were reversed, failed, fraudulent or resulted in errors when processed.

Promotional Programs. CHULAVISTA INVESTMENTS may run promotional offers and programs from time to time ("CHULAVISTA INVESTMENTS Promotions"). You understand and agree that CHULAVISTA INVESTMENTS may establish, in its sole discretion, the terms and conditions, including eligibility, for Promotions and may change or cancel Promotions at any time, with or without notice.