The platform available at cali.li (“Platform”) is owned and operated by CALI INSTITUIÇÃO DE PAGAMENTO S.A. (“Cali”), a business corporation registered with the CNPJ under No. 55.650.381/0001 46, headquartered in the City of São Paulo, State of São Paulo, at Rua Gomes de Carvalho, No. 1,629, 3rd Floor, Vila Olímpia, ZIP Code 04547-006.
For the purposes of these Terms of Use, “Cali,” “we,” “our(s),” “ours(s),” or “us” refers to any company within the Cali group described herein. These are the Terms of Use which, together with our Privacy and Data Protection Policy and other documents available for your awareness and acceptance (collectively, our “Terms”), govern the use of services and products by individuals who visit the Platform and those who register on the Platform (collectively, the “Users”).
1. Definitions:
1.1 The following words and expressions, whether in singular or plural, when written in this Agreement with their first letter capitalized, shall have the following definitions:
- API: Acronym for Application Programming Interface, referring to the programming interface provided by CALI to connect the USER with the Partners, enabling the necessary technological integration for payment management and the acceptance of Payment Methods as a means of receiving funds from the sale of products or services to the USER’s customers.
- CMN: National Monetary Council.
- COAF: Financial Activities Control Council
- Consumer Protection Code: Law No. 8.078/1990.
- Registration: Document completed by the USER, containing the necessary information for contracting the Services.
- Account: Access account to the Platform through a digital credential, unique and non-transferable for each User, granting access and permission to the User for the Products and Services.
- Instruments: Contracts, agreements, or other legal documents formalized between the User and the Partners, with the participation of Cali, establishing the terms and conditions for accreditation and use of the Payment Methods, including but not limited to provisions on payment account opening, management and custody of third-party funds, and capture, transmission, processing, and settlement of transactions carried out with credit cards, debit cards, or payment accounts, as applicable.
- Brands: A set consisting of the corporate name, trademarks, logos, distinctive signs, and any advertising materials belonging to CALI, the Partners, or third parties, whose use by the USER shall require prior, express, and specific authorization, limited to the purpose for which it was granted.
- Payment Methods: A set of available methods for settling amounts resulting from the sale of products or services provided by the USER, including but not limited to: credit and debit cards, bank slips, bank transfers, instant payments via Pix, as well as any other payment instruments that may be made available by CALI in partnership with the Partners.
- Privacy Policy: Cali’s privacy and data protection policy, which applies to all Users and is an integral part of these Terms of Use.
- Services: A set of products and services made available and provided by Cali to its customers through the Platform or API.
- Partners: Payment institutions, financial institutions, acquirers, sub-acquirers, or other companies responsible for the Payment Methods included in the Services, due to a partnership established with CALI.
- IP: Payment Institution, as defined by Resolution 80/2021.
2. ACCEPTANCE OF OUR SERVICES
2.1 Before visiting, using, or registering on the Platform, the User must fully read and understand these Terms of Use and all other policies and rules made available by Cali on the Platform, as well as any other applicable rules, including those established by the Consumer Protection Code.
2.2 By accepting these Terms of Use, the User automatically and unconditionally agrees to these Terms of Use.
2.3 By visiting, using, and registering on the Platform, you accept the practices described in these Terms of Use. If you do not agree, we do not recommend accessing the Platform. While it is possible to browse certain sections of the Platform without registering, acceptance of these Terms of Use is essential for using the Services offered by the Platform.
3. USE OF THIRD PARTIES
3.1 Cali provides technology services to Users to enable the use of Payment Methods offered by the Partners.
3.2 The Services provided by Cali consist of making APIs available to connect the User with the Partners, as well as payment management services to allow the User to accept Payment Methods as a means of receiving funds from the sale of products or services to their customers
3.3 The User acknowledges that the Services provided by Cali are exclusively related to technology, meaning that the Payment Method services will be provided directly by the Partners.
3.4 When applicable, the User must enter into the relevant Instruments with the Partners and Cali, as instructed by Cali
3.5 As an intermediary activity, Cali has no influence over the terms of availability and use of the Payment Methods, with the Partners being solely and exclusively responsible for all matters related to the Payment Methods offered on the Platform.
3.6 Cali will assist the User in resolving any issues related to the Payment Methods or the Instruments that, at Cali’s discretion, can be addressed with the Partners. However, under no circumstances shall CALI be held responsible for any claims or issues of this nature.
3.7 Since these are technology services that depend on third-party operations, the User acknowledges that Cali shall not be held responsible for or assume any liability for failures, errors, interruptions, malfunctions, delays, or other imperfections that may arise in the Services provided under this Agreement. Cali does not guarantee uninterrupted operation of the Platform or the absence of downtime or slow performance.
3.8 Cali may carry out scheduled maintenance on the Platform, which may result in slow performance, processing errors, or temporary inaccessibility, regardless of prior notice.
3.9 To use the Platform, the User must have internet access, as well as hardware (including mobile devices) and software compatible with the Platform. Cali does not guarantee the Platform’s functionality on incompatible devices or systems and is not obligated to adapt the Platform to operate on every device or system.
4. ACCESS AND USE OF THE PLATFORM
4.1 To access the Platform and use the Services, the User must register a login and password in accordance with the security criteria and requirements established by Cali.
4.2 The User is solely responsible for using all functionalities on the Platform through their login and password, which are personal, non-transferable, and must be kept confidential for all legal purposes.
4.3 The User must immediately notify Cali, preferably via email at support@cali.li, through the support channels available on the Platform, or via any other reliable and verifiable means in the event of loss or unauthorized access to their login credentials and password so that the necessary measures can be taken to block access to the Platform. The User will be held responsible for all actions taken until the time of such notification.
4.4 Cali shall not be responsible for any damages, losses, costs, or expenses resulting from: (i) the improper use of the login credentials or password by unauthorized third parties; (ii) the provision of incorrect or false information to Cali regarding the User or any of their legal representatives; (iii) the User’s failure to promptly notify Cali of any changes or revocations of access granted to legal representatives on the Platform.
4.5 The User acknowledges that notices and notifications sent via email and/or through the Platform constitute a valid and effective means of communication.
4.6 By using the Platform and accepting these Terms of Use, the User agrees to and authorizes the receipt of information and promotional materials from Cali via email, SMS, or other digital communication channels. To request the discontinuation of promotional messages or to cancel access to the Platform, the User must send an email to support@cali.li requesting the termination or account cancellation.
5. USER REGISTRATION
5.1 To use the Services, the User must not only accept these Terms of Use but also complete their Registration on the Platform.
5.2 Users are prohibited from identifying themselves in any way that resembles or is associated with Cali’s name or image.
5.3 Only Users who have full legal capacity and are 18 years of age or older are authorized to register on the Platform.
5.4 The registration data entered in the registration form provided on the Platform must be complete, with all required fields filled in with accurate, precise, and truthful information. The User is solely responsible for the data provided and is also required to update it every 12 (twelve) months or whenever any provided information changes, whichever comes first. Failure to comply may result in: (i) suspension of Services; (ii) suspension of the Registered User; and/or (iii) liability under civil, administrative, and criminal law.
5.5 By registering on the Platform, the User declares that they have provided truthful, complete, and up-to-date information as required for initial registration and use of the Platform.
5.6 If Cali and/or its Partners identify incorrect or false data provided by the User, or if the User refuses or fails to submit requested documents, Cali and/or its Partners may suspend or cancel the Services and Payment Methods provided, without prejudice to other measures deemed necessary.
5.7 The provisions above also apply if Cali and/or its Partners identify or determine that the User’s activities violate applicable laws, regulations of the Central Bank of Brazil, or these Terms. In such cases, the User may have their access to the Platform canceled and be immediately removed, without any prior
notice or notification.
5.8 The User agrees to provide all required data and submit any documents requested by Cali and/or its Partners, assuming full civil and criminal responsibility for the accuracy of the declared information. The User must also keep their data updated with Cali and/or its Partners, under penalty of limitation of the Services and Payment Methods until the situation is regularized.
5.9 When filling out their registration data, the User must provide a valid email address for communication with Cali. The User acknowledges that notices and notifications sent via email and/or through the Platform constitute a valid and effective means of communication.
5.10 The Services provided by Cali under this Agreement do not guarantee the User’s successful accreditation with the Partners, as the Partners may, at their sole discretion, refuse to accredit any individual or legal entity that does not meet the conditions established in the Agreements. In such cases, Cali will not be liable for any fees, penalties, indemnities, or other charges due to the User’s rejection or inability to obtain accreditation.
5.11 Cali reserves the right to conduct any searches it deems necessary to verify potentially incorrect or outdated data, including consulting public and private databases. Additionally, Cali may use all legal means available to contact Users and, at any time, request additional documents and/or data necessary to verify registration information or other data required for the provision of the requested Services
5.12 The User must create their account by accessing the Platform through a secure device with updated antivirus systems, avoiding public Wi-Fi networks, internet cafés, and cyber cafés, for example. When creating their account, the User must also follow criteria that make it difficult for third parties to identify their password. To this end, the User should avoid numerical sequences related to phone numbers, birth dates, and other numerical or alphabetical sequences that can be easily linked to them.
6. CALI’S REMUNERATION
6.1 In return for the technology services provided under this Agreement, the User shall pay Cali or the Partners (as applicable) the remuneration amounts indicated on the Platform or as defined by the Parties in a specific document.
6.2 Failure to make payment will result in Cali requesting the suspension of the Payment Methods provided by the Partners and the consequent termination of the Instruments for cause, without prejudice to any other penalties provided therein.
6.3 Non-payment within the stipulated period may lead to collection by credit protection agencies as well as the immediate blocking/cancellation of operations.
6.4 The remuneration may be changed at any time with prior notice via the Platform for the following reasons:
- a) Changes in the commercial conditions agreed upon between Cali and the Partners;
- b) At the request of the Partners, due to the situations provided for in the Instruments or other criteria applied by them;
- c) The creation of taxes or changes in the calculation and/or collection conditions of existing taxes that impact the current remuneration; and
- d) At Cali’s discretion, with 30 (thirty) days’ prior notice.
7. CHANGES TO THE TERMS OF USE
7.1 Cali reserves the right to change these Terms of Use, without prior notice, at our sole discretion, at any time. It is important for the User to read the Terms whenever they are updated, or every time the User uses the Services. If the User continues to use the Services after the Terms have been updated, the User will accept the updated Terms. If the User does not accept the updated Terms, then the User should no longer use the Services. As Cali’s Services evolve over time, we may change or discontinue all or any part of the Services at any time, without prior notice and at our sole discretion.
8. INTELLECTUAL PROPERTY AND USE OF THE PLATFORM
8.1 The commercial use of the terms “Cali” and its derivatives as a Trademark, domain name, business name, as well as the logos, trademarks, insignias, layout of Cali, content of the screens related to Cali’s Services, including the Platform, slogan, and the set of programs, databases, networks, and files that allow the User to access and use the Platform, are owned by Cali and are protected by copyright, trademark, patent, industrial design, and other international treaties and laws. Any improper use and full or partial reproduction of these contents are prohibited, unless expressly authorized by Cali.
8.2 Cali is not responsible for any damages suffered by the User due to copying, transferring, distributing, or any other form of use of protected content made available on the Platform.
8.3 The User may only use the Trademarks with prior and express authorization from Cali; any authorization granted must be understood restrictively, solely for that specific purpose.
8.4 The use of Cali’s Trademarks, if expressly authorized, must comply with the pre-established standards and layout, and the User must submit to Cali for evaluation and approval any material intended to be presented to their clients.
9. eFX Services
9.1 When applicable, when using the eFX Services, by agreeing to our Terms, the User authorizes and grants, at this moment, a mandate to Cali and its affiliates to act on their behalf in performing foreign exchange operations, in accordance with the applicable regulations. This mandate includes:
9.2 Reception and Forwarding of Operations – Cali may receive and forward foreign exchange operations, as well as process withdrawals of funds and charge fees, according to the User’s instructions.
9.3 Formalization of Contracts – Cali is authorized to formalize foreign exchange contracts, accept proof of transactions, guarantee contracts, and other necessary documents.
9.4 Opening of Banking Relationship – The mandate includes the possibility of opening a banking relationship and/or account with authorized financial institutions, in order to enable deposits or transfers between accounts in the User’s name.
9.5 Execution of Commands on the Portal – Cali may execute commands that the User performs on the Platform, related to resources held with an authorized financial institution.
9.6 In accordance with the obligation set forth in Resolution BCB No. 277, art. 51, Cali ensures that its clients in Brazil are clearly and promptly informed about the following aspects of the service:
9.7 Responsibilities of the eFX Provider:
- a) Execute foreign exchange operations in compliance with applicable regulations and market best practices.
- b) Provide accurate and up-to-date information about the costs, fees, and timelines involved in the operation.
- c) Protect the User’s data and information, respecting privacy and data protection regulations.
- d) Act diligently in identifying and preventing fraud and illegal activities, in compliance with AML/CFT policies.
9.8 Nature and Conditions of the Provided Service:
- a) The eFX service consists of converting foreign currency to Brazilian reais and vice versa, according to the conditions previously agreed upon between the parties.
- b) The operations are carried out exclusively through payment or deposit accounts in the User’s name;
- c) The exchange rates and any applicable charges will be informed to the User before the transaction is completed;
- d) The eFX provider may refuse or cancel operations that do not comply with the prevailing regulations or show signs of irregularity.
10. USER DECLARATIONS
10.1 By agreeing to these terms, the User declares that:
- a) They are legally capable under Brazilian law, or are duly authorized by their legal representatives to accept these Terms of Use and use the Platform;
- b) They agree that Cali, at its sole discretion, may cancel the Account, or part of it, or the use of the Platform, and remove or discard any content if it has become obsolete, or if Cali believes the User is violating or acting contrary to these Terms of Use;
- c) They authorize Cali to verify and exchange their registration, credit, and/or financial information nationwide with financial entities or credit protection agencies, including making inquiries to Credit Risk Systems about any outstanding debts under the User’s responsibility and to provide such agencies with their registration and credit information;
- d) They acknowledge that the Platform should not be used for illegal purposes and that, under any circumstances, local legislation at the time must be observed;
- e) Cali will not be responsible for errors or interruptions in the provision of information by independent service delivery systems or integrated sites managed by third parties. Such systems and integrated sites aim to provide greater convenience to Users, and Cali has no influence or responsibility over the content provided;
- f) The User must indemnify and/or hold Cali and its representatives harmless, as the case may be, in the occurrence of any claims, processes, losses, liabilities, and expenses, including reasonable attorney’s fees and court costs, resulting from damages the User directly or indirectly causes or contributes to, and which are supported by any third parties in any way linked to the Platform;
- g) When using the Platform, Users may be redirected to third-party sites or platforms, including those of advertisers. Cali has no access to the information provided on these sites or platforms and is not responsible for their access or use;
- h) They are aware of the duty of institutions authorized by the Central Bank to report to COAF suspicious operations and proposed operations, in accordance with Article 11, Item II of Law No. 9,613 of March 3, 1998, as amended, and Articles 297, 298, and 299 of the Brazilian Penal Code, as well as the complementary regulations issued by the Central Bank of Brazil;
- i) They are responsible for any claims, demands, and indemnifications of any kind arising from their activities, as well as any issues related to acceptance, quantity, quality, warranty, price, or inadequacy of the goods and/or services offered, including in the case of regret by the buyer, and must resolve any disputes directly with their customer. The User is also responsible for any promotional campaigns and granting of discounts;
- j) They acknowledge that Cali, at its sole discretion, may refuse to process any transaction or service that uses its services or the services of its third-party service providers if Cali suspects that it would violate or assist in the violation of any law, statute, ordinance, regulation, or sanctions program administered in the countries where Cali does business, including the Office of Foreign Assets Control (“OFAC”), or that would involve proceeds from any illegal activity.
11. SECURITY AND AVAILABILITY OF THE PLATFORM
11.1 The Platform will be made available to the User for an indefinite period, with Cali reserving the right to limit, suspend, or terminate access, modify the Platform at any time, particularly in case of suspected misuse or illegal use, which may result in the deletion of all information provided by the User, without prior notice, and without the right to indemnification as a result.
11.2 Cali is committed to making its best efforts to ensure the availability of the Platform and the Services. However, it cannot be held responsible under any circumstances for the unavailability of the Platform and the Services, for any reason or period.
11.3 The User acknowledges that access to the Platform may be temporarily interrupted, suspended, or intermittent, without any prior notice, due to system updates, maintenance, or any other reasons beyond Cali’s control.
11.4 The use of any device, software, or other resources that may interfere with the activities and operations of the Platform and Cali is prohibited. Any intrusion, attempt to, or activity that violates or contravenes intellectual property laws and the prohibitions set forth in these Terms of Use will make the responsible party subject to the effects of relevant legal actions, as well as the sanctions provided herein, and they will also be liable to indemnify Cali or its Users for any damages caused.
11.5 Cali uses an SSL (Secure Socket Layer) certificate to ensure the security and encryption of all data exchanged between Cali and the User. The SSL certificate causes the browser’s address bar to display “https://” and a lock icon, indicating that all online transactions will be carried out in a certified environment. The User agrees to verify the display of the security certificate on each page of the Platform when making transactions and cannot under any circumstances hold Cali responsible for any consequences arising from failure to observe this security rule.
12. SANCTIONS
Cali may, eventually, suspend, either permanently or temporarily, your access to the Platform, initiating any applicable legal measures or suspending the provision of its services if:
- a) any of the provisions in these Terms of Use are violated;
- b) there are suspicions that the User is committing or has committed fraudulent or illegal acts; or
- c) it is not possible to verify the User’s identity, or if the data and information provided by the User are incorrect.
13. DATA STORAGE
13.1 Under the Privacy Policy, for the proper and adequate functioning of the Platform and provision of Services, Cali may collect and store information actively provided by the User, including during the use of the Platform, together with automatically generated information, such. as device access characteristics, browser type, access logs (IP address, date, and time), accessed information, accessed screens, geolocation data, application history, among others, which will be stored in the database of this and also in the web browser’s cookie.
13.2 The data collected through the Platform may be shared with third parties in the situations outlined in the Privacy Policy.
13.3 The data collected through the use of the Platform will be used to enhance the User’s experience, for improving User navigation, as well as for advertising and statistical purposes.
13.4 By accepting these Terms of Use, the User expressly agrees and authorizes Cali to maintain a database containing the information and data provided by Users, as well as information and data obtained by Cali, as outlined in these Terms of Use and in the Privacy Policy.
13.5 The User may always choose to revoke their authorization and/or not disclose their data. However, the User understands that non-disclosure or deletion of certain data may prevent certain features from being available through the Platform due to its operational aspects, which will not result in any indemnification owed by Cali for this reason.
13.6 To exercise your rights, simply send an email to dpo@cali.li, indicating your questions and/or requests related to your data.
14. DISCLAIMER OF LIABILITY
In addition to the disclaimers set forth in these Terms of Use, Cali shall not be held liable for:
- a) the use of the Platform in violation of the provisions of these Terms of Use;
- b) any damages or losses of any kind resulting from unauthorized third parties gaining knowledge of any data provided by the Platform, due to a failure exclusively related to the user or third parties beyond any reasonable control of Cali; and
- c) any virus, trojan, malware, spyware, or any software that may damage, alter settings, or infiltrate the User’s equipment and/or documents as a result of accessing, using, or browsing the internet, or due to the transfer of any data and information, with Cali being exempt from any liability for any damages and losses resulting from any harmful elements inserted by third parties.
15. GENERAL PROVISIONS
15.1 Inventory and Succession: By using the Services provided by Cali abroad, the User acknowledges that assets and rights located outside the Brazilian territory, for succession purposes of inventory and division, may not be covered by Brazilian law, according to Article 23, Item II of the Civil Procedure Code and the principle of the plurality of succession courts, being subject to the applicable foreign legislation, as amended, with the User being responsible for making any declarations and/or sending information to the competent authorities. Cali does not provide any tax or fiscal advisory services, so it is recommended to consult a trusted professional to assist with the fulfillment of obligations.
15.2 Independence: These Terms of Use do not imply or mean, in any way, any partnership, mandate, franchise, or employment relationship between Cali and the Users.
15.3 Discontinuation of the Platform and Services: Cali reserves the right to, at any time, unilaterally discontinue, temporarily or permanently, the Platform and/or Services, in whole or in part, with or without notice.
15.4 Severability: Any clause or condition of these terms that, for any reason, is deemed null or ineffective by any court or tribunal, will not affect the validity of the other provisions of these Terms of Use, which will remain fully valid and binding, having effects to their maximum extent.
15.5 Recording: The User irrevocably authorizes Cali or its designees to record all operations, electronic messages, and/or telephone calls made by the User regarding the Services provided by Cali, and to use these recordings as evidence before administrative or judicial authorities.
15.6 Resolution of User Requests: In the event of a conflict, the User must seek an amicable resolution by submitting their complaints through Cali’s Ombudsman via email at ouvidoria@cali.li and other channels listed on the Platform. Users agree to submit their disputes to Cali’s decision in accordance with the rules of these Terms of Use.
15.7 Jurisdiction: These Terms of Use are governed by the laws in force in the Federative Republic of Brazil. For any matters regarding the interpretation, compliance, or any other questions related to these Terms of Use, the parties agree to submit to the jurisdiction of the São Paulo District Court, except for claims made by Users who qualify as consumers under the law, who may submit such claims to the court of their domicile.
15.8 Changes: The Terms of Use may be modified by Cali, in whole or in part, at any time and at its sole discretion, in order to provide greater security to the User, provided there is no legal prohibition to that effect. The new version of this document will come into effect on the day it is published on the Platform. The User will be notified of the change to the Terms of Use if there is a legal obligation to do so, and must periodically check the content of these Terms of Use, ensuring they have reviewed the most current version, based on the date indicated in the document. The continued use of the Platform by the User following the availability of updated versions of these Terms of Use will signify the User’s acceptance and agreement to such changes.
Any questions related to the Terms of Use and the Privacy Policy can be addressed through one of Cali’s support channels on the Platform or by sending a request to the email address: support@cali.li.
Last update: March/2025
