MAIN INFORMATION ABOUT THE CARD (PROSPECTUS)

1. The Card is a physical and/or virtual postpaid means of payment, issued by Pomelo. This Card is issued to you for use with a third-party service provider ("Pomelo Partner”) that provides a guarantee for your repayment of amounts spent through the card in accordance with the Pomelo Partner’s terms and conditions that you have accepted prior to entering into this Agreement.

2. Before carrying out any transaction, You must ensure that You have sufficient Spending Power on Your Card (as to be solely determined by the Pomelo Partner), as applicable, depending on the contracted payment solution, subject to the payment of applicable Fees (as defined below) and taxes.

3. The authorization of any Card transaction depends on the Spending Power. You are solely responsible for ensuring that you have enough Spending Power for the total amount of the transaction.

4. The Card can be used to pay for purchases and cash withdrawals in commercial establishments previously registered by the Brand.

5. The Card is only issued for personal use and is non-transferable, which means that You must not lend it or allow its use by any other person and/or entity. For the avoidance of doubt, this prohibition also applies to any family members and/or friends. For security purposes, it is recommended that You memorize your Card password and always keep your Card in a safe and secure location. If you lose your Card or suspect that the Card may be misused, You shall immediately contact the Pomelo Partner and/or Pomelo Customer Service Center.

 

 

Card Agreement

These Terms and Conditions define the general conditions applicable to the Card. By making a request for the Card, you expressly declare that you agree with the terms and conditions set forth herein. Furthermore, your adherence to these Terms and Conditions is subject to the approval of your registration information by Pomelo.

 

 

Clause 1 – Definitions

a) Application or App: is the mobile application or website made available to You exclusively by the Pomelo Partner for the use of Your Digital Wallet Account and through which you apply for Your Card.

b) ATM: Automated Teller Machine that is enabled to accept your Card for cash withdrawal transactions.

c) Brand: is the institution of an open payment arrangement, identified on your Card, which allows the Card to be accepted as a means of payment at Merchants and ATMs. Your Card’s Brand is Mastercard.

d) Card: is the means of payment for personal and non-transferable use, which can be physical and/or virtual, issued by Pomelo Instituição de Pagamento Ltda. The Card must always be used in commercial establishments registered by the Brand.

e) Merchant: is the supplier of products and/or services that is qualified to accept payments with your Card.

f) Limits: restrictions set by Pomelo and Pomelo’s Partner on the usage of the Card for purchases, cash withdrawals, and other transactions. Current effective Limits can be found in Schedule 1 to this Agreement.

g) Spending Power: is the amount you are able to spend through Your Card in accordance with the guarantee provided by the Pomelo Partner and in adherence with the Pomelo Partner’s terms and conditions, provided that the Limit may be subject to certain restrictions established by the Brand and/or applicable law;

h) Password: registered, personal, and non-transferable 4-digit password that must be kept confidential by You.

i) SCR: is the Central Bank of Brazil’s Credit Information System, which aims to allow financial institutions and other institutions regulated by the Central Bank of Brazil to consult and record credit operations carried out by individuals and legal entities. The purpose of the SCR is to provide Bacen with information on credit operations for supervising credit risk and exchanging information between financial institutions.

j) Term: this document and all its updates and linked documents.

k) Fees: are the fees applicable to your Card, which can be consulted through the App

l) You: means the individual named on the Card. Card may be issued only to a natural person.

 

 

Clause 2 – Card, Limits, and Spending Power

a) The Card must be used solely and exclusively by You, in accordance with the conditions established herein and the conditions of the Pomelo Partner’s terms and conditions, at Merchants or ATMs authorized to accept it as a means of payment.

b) The Card must always be used for the payment of lawful goods and services, or lawful withdrawal of cash, and in accordance with any applicable laws and regulations and rules and/or these Terms and Conditions and the terms and conditions established by the Pomelo Partner, by Pomelo and by the Brand.

c) The use of the Card is subject to the Limits, which will be reduced by the transactions carried out, as well as the applicable Fees and taxes. Every transaction is further subject to Spending Power being available. Therefore, You can only spend the lesser between available Limits and the available Spending Power.

d) You will be able to review the entries made with your Card, as well as the invoice, directly by accessing the Application.

e) Your Card may be suspended and/or blocked by any of the following parties: (i) the Pomelo Partner; (ii) Pomelo and/or (iii) the Brand if the Card is used in an irregular manner as to be determined by the aforesaid parties, including but not limited to making purchases outside the Card’s standard of use, suspicion of financial crimes and non-compliance with any conditions set forth in this Terms and Conditions and/or under any applicable laws or regulations. 

f) The Spending Power available to the Card may be reviewed by accessing the Application.

g) Your Limits may be reduced in order to comply with Pomelo’s, the Pomelo Partner’s, and/or the Brand’s rules and under any applicable law or regulation.

h) Your Limits may be increased through the Application, provided that You expressly agree with any such increases and provide sufficient information and documents required for such increase. For the avoidance of doubt, any increase in the Limits is subject always to Pomelo and/or the Pomelo Partner’s discretion, and any decision by the parties to a request to increase the Limit shall be final and conclusive. 

 

 

Clause 3 - Registration Procedures and Registration Update Procedures

a) When requesting your Card, You: (i) agree to the sharing of your personal and registration data, as well as documents, between the Pomelo Partner with Pomelo; and (ii) declare that all information, documents, and registration data provided and maintained with the Pomelo Partner and/or reported directly to Pomelo are true, accurate, not misleading and duly updated. 

b) Whenever deemed necessary or as a result of legal or regulatory requirements or to comply with a court order, Pomelo may request the updating or confirmation of certain data and information, as well as the sending of documents to a third party. In the event of discrepancies or omissions in your registration data, Pomelo may, at any time and without prior notice, terminate, suspend, or block your Card. In this case, you will be notified through the primary email registered in Your account registered with the Pomelo Partner as soon as possible.

c) You must immediately inform Pomelo and the Pomelo Partner of any change in your information, documents, and/or registration data and You shall be solely responsible to ensure that all information, documents, and/or data are duly updated, where applicable. You acknowledge that failure to abide by this Clause is a material breach of this Terms and Conditions and You shall be responsible for all consequences arising therefrom.

 

 

Clause 4 - Security Procedures

a) Your physical Card will be sent BLOCKED to your address registered in the Application. Before the first use of the physical Card, you must check all the data on the physical Card and unlock it via the Application.

b) Your virtual Card will be electronically issued and will be available instantly and be ready to use through the Application.

c) For safety reasons, You must: (i) always keep your physical Card in a safe and secured location and it should never be utilized or allowed to be utilized by any other person and/or entity other than Yourself; (ii) memorize your Password and not share it with any other person and/or entity; (iii) never write or keep, even electronically, your Password, especially together with your physical Card; and (iv) never store or share images of your physical Card, whether directly or indirectly, with any third parties or on social networks / platforms.

d) Transactions carried out with your physical Card that are authenticated by the use of your Password will be your sole responsibility. For the avoidance of doubt, Pomelo and/or the Pomelo Partner shall not be liable for any transactions which arise from your physical Card that are authenticated by the use of your Password. 

e) You must notify Pomelo and/or the Pomelo Partner immediately, in case of loss, theft or misplacement of your physical Card, or if you suspect that your Card, whether physical or virtual, has been misused, so that Pomelo and/or the Pomelo Partner may block and/or cancel the Card accordingly. 

 

 

Clause 5 - Unrecognized Transactions

a) You are solely responsible for checking your Card usage statement, verifying the transactions carried out and the respective amounts reflected in such statement. All transactions will be automatically considered as authentic, legitimate, and recognized by You if: (i) the transaction was confirmed by the use of the Password; or (ii) You do not contest the transaction within thirty (30) days of the relevant statement being issued.

b) If you do not recognize a transaction carried out with your Card, whether physical or virtual, you must immediately notify the Pomelo Partner with sufficient details of the unauthorized transaction. According to the rules of the Brand, the deadline for analysis and response is up to ninety (90) days. Pomelo and/or the Pomelo Partner may, at their sole discretion, request additional information for the analysis of an unrecognized transaction, including, but not limited to, the submission of a police report and You agree to provide Pomelo and/or the Pomelo Partner such additional information within a reasonable period and in any event, within five (5) business days of such request. 

c) For security reasons and according to its internal criteria, Pomelo may at its sole discretion cancel your Card after You contest a transaction.

 

 

Clause 6 - Mandate Clause

a) By accepting these Terms and Conditions, You appoint Pomelo as your attorney-in-fact with special powers to, in your name and on your behalf, carry out the negotiation and payment of the amounts owed by You to Pomelo as a result of the use of the Card. Thus, Pomelo may settle the amount of the debt before third-parties related to the usage of the Card and, in this way, may charge You indirectly through the Pomelo Partner.

b) A bank statement made available through the Application will contain details of the amount of all expenses arising out of the Card. You hereby acknowledge that such bank statement constitutes a net, certain, and payable debt and that these Terms and Conditions constitute an extrajudicial enforceable title under applicable law, even after the cancellation or termination of the Card and/or these Terms and Conditions.

 

 

Clause 7 - Amendments and Updates to these Terms and Conditions

a) Pomelo may amend, modify, and/or change the conditions of these Terms and Conditions by prior written notice sent to You through the primary email registered to Your account registered with the Pomelo Partner and/or through the Application. If you do not agree with the amendments, modification, and/or changes, you must immediately stop all utilization of the Card and request for the cancellation of your Card through the relevant communication channels, within ten (10) days of receipt of the aforesaid notice. Failure to cancel the Card within this period or the continued utilization of the Card, including making any transaction after receipt of the aforesaid notice, shall constitute your express agreement of the new terms and conditions.

b) All communications sent to You in the manner established herein will be considered as valid and an integral part of these Terms and Conditions.

 

 

Clause 8 - Term and Hypotheses of Termination

a) These Terms and Conditions enters into force and takes effect from the date of its acceptance and is in force until terminated in accordance with the terms and conditions set below. For the avoidance of doubt, You shall not utilize the Card until the acceptance of these Terms and Conditions and you shall be deemed to have expressly agreed to these Terms and Conditions in the event you utilize the Card to make a transaction. 

b) These Terms and Conditions may be terminated, with the subsequent cancellation of the Card, in the following cases:

1. By You, at any time and up to seven (7) days after receiving the Card (counted as of the date of actual delivery of the Card, as applicable to the physical functionality) and without the need for justification and with no penalty or charges, with immediate effect, upon communication through the relevant communication channels;

2. By Pomelo, at any time and without the need for justification, upon prior written communication sent to You, at least five (5) days in advance;

3. By Pomelo, at any time and with immediate effect and without prior written notice, if: (i) your relationship with the Pomelo Partner, for whatever reason, is discontinued; (ii) noncompliance with the conditions established in these Terms and Conditions, as may be amended from time to time at the sole  discretion of Pomelo; (iii) registration inconsistencies of a serious nature, under the terms set forth by the Central Bank of Brazil; (iv) carrying out transactions outside its standard of use, suspicion of financial crimes or use incompatible with the rules of the Brand or current legislation; (iv) delay or non-compliance with the submission of information and/or documentation requested for registration update or if such information / documentation are found to be misleading or inaccurate; (v) misuse of Pomelo's or Pomelo Partner's intellectual property; (vi) use of offensive or threatening words in your relationship with Pomelo and its representatives, agents and employees; (vii) if there is a change in Your civil capacity; (viii) if You are declared bankrupt or insolvent or if a bankruptcy / insolvency petition is commenced against You; or (ix) if there are any non-compliance with any laws and/or regulations.

4. Automatically and immediately, if You are no longer covered by the guarantee provided by the Pomelo Partner in accordance with the Pomelo Partner’s terms and conditions.

Clause 9 - Indemnity

To the maximum extent permitted by law, You agree to indemnify, defend and hold harmless Pomelo (and each of its associated entities, directors, officers, affiliates, employees, service providers, members, representatives and agents, collectively, the “Indemnified Parties”) from and against all claims, demands, actions, suits, proceedings, liabilities, losses, damages, penalties, fines, expenses and costs (including reasonable attorney’s fees and disbursements) which arise out of or in connection with: 

a) Your use of the Card, whether virtual or physical; 

b) Your breach of these Terms and Conditions, as may be amended from time to time at Pomelo’s sole discretion; 

c) Your breach of the Pomelo Partner’s terms and conditions; 

d) Your breach of any applicable law, regulation, or rule, as the case may be; 

e) Your violation or breach of any of Pomelo’s intellectual property, trade secrets, patents, trademarks, service marks or any other proprietary right under law; 

f) Your failure to secure or keep secret the Password of the Card or other authentication data; 

g) Any information that you provide to Pomelo under these Terms and Conditions; 

h) Any damage that You may cause to Pomelo, a Pomelo user, or such other persons or entities as a result of the unauthorized or misuse of the Card; or

i) Any right exercised by Pomelo under these Terms and Conditions, as may be amended from time to time at Pomelo’s sole discretion. 

Clause 10 - Processing of Personal Data

a) Pomelo will process your personal data in strict compliance with current legislation and in accordance with its Privacy Policy, which is available at https://pomelo.la/br/policy/

Clause 11 - General Provisions

a) Intellectual Property: You agree that the Pomelo brand, the website, and any materials created or made available by Pomelo, including brands, service names, visual identity, and other distinctive signs are the intellectual property of Pomelo and that their use, reproduction, imitation, even if partial, is prohibited in any capacity and in any medium, under penalty of the applicable penalties.

b) You are aware and agree that, under the terms of the Privacy Policy, Pomelo may contact You by any means, including telephone, email, SMS, WhatsApp, and correspondence, to send communications related to these Terms and Conditions and your relationship with Pomelo, including for fraud prevention purposes, as well as offering products and services. You may, at any time, opt out of receiving non-mandatory notifications.

c) Pomelo will inform the competent authorities, including the Central Bank of Brazil and the Financial Activities Control Council, without further reference to you, about any transactions that may be related to crimes of laundering or concealment of assets, rights, and values, under the terms of current legislation.

d) You authorize Pomelo, at any time, to consult and share your data and information related to the value of your Spending Power with the Central Bank of Brazil, via SCR. If you find any discrepancies in the data provided by Pomelo, you may request correction through the appropriate service channels.

e) Pomelo’s Serviço de Atendimento ao Cidadão (SAC) and Ombudsman are available at: support@pomelo.la 

g) In the event any of the conditions under these Terms and Conditions are held to be invalid, unenforceable, or illegal for any reason, the remaining parts of these Terms and Conditions will be in full force and effect. 

h) Any failure or delay in enforcing any term or exercise of any right or remedy under these Terms and Conditions by Pomelo shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time. 

i) These Terms and Conditions are governed by the laws of Brazil. In the event of a dispute under these Terms and Conditions, the parties agree to attempt, for a period of thirty (30) calendar days after receipt of the existence of a dispute, to settle the dispute by amicable settlement between the parties. In the event the legal dispute cannot be settled by an amicable settlement within thirty (30) calendar days, any dispute arising out of or in connection with these Terms and Conditions shall be referred to and finally resolved by arbitration administered in Brazil. 

 

I DECLARE THAT I HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS AND I AGREE TO THE CONDITIONS SET FORTH HEREIN.