Last updated: May 2026 — Version 2.0
Welcome to the "POLIBIT" website www.polibit.io. Read these Terms and Conditions carefully before creating a user profile and accessing our website and/or before directly contracting any of our services and using our Portal (as such term is defined below). By starting to use this website or upon contracting our services, it is presumed that you have read and consented to these terms and conditions (the "Terms and Conditions"). By using this website electronically, the User (as such term is defined below) acknowledges that they have read and accepted to be bound by these Terms and Conditions in their entirety and with all their legal scope. The following Terms and Conditions for the use of the portal apply to all websites that derive from or are a consequence of the use of www.polibit.io/ (the "Portal"), owned by "POLIBIT, S.A.P.I. DE C.V." ("POLIBIT").
For the purposes of these Terms and Conditions, "we," "our," and POLIBIT shall mean the contracting party of POLIBIT as applicable, and "you" shall mean the User (as defined below) as a natural person (if requesting or using a service offered by POLIBIT) or the legal entity that the User represents (if requesting or using a service offered by POLIBIT as a legal entity) and any of its affiliates.
If you do not agree with the Terms and Conditions and our Privacy Notice, we ask that you refrain from using the POLIBIT Services (as such term is defined below).
In accordance with these Portal Terms and Conditions, any person who has created or creates a user profile through the Portal to access it, upon prior invitation by email from POLIBIT or the Manager (as such term is defined below) (the "User"), shall be considered a User. The foregoing, on the understanding that, in the case of natural persons, in order to register as a User, you must be at least 18 years old and have the legal capacity necessary to be bound and to accept these Terms and Conditions. For clarity, individuals of nationality from countries blacklisted as tax havens by the Council of the European Union may not be Users.
With the use of the Portal and consequent acceptance of these Terms and Conditions, the User releases POLIBIT from any liability arising from claims related to: 1) the services offered and provided by the Managers (as such term is defined below); 2) the specific products offered by the Managers; 3) any other reason specified in these Terms and Conditions.
POLIBIT shall be liable only for: 1) The functioning of the Portal; 2) The custody on the server of the information uploaded by the Users; 3) Maintaining reasonable cybersecurity measures with respect to the use of the Portal.
With their use and consequent acceptance of these Terms and Conditions, the User agrees to hold POLIBIT harmless from any claims arising from any misuse of the Portal or from the inability to use the Portal or the POLIBIT Services.
In order to create a user profile and/or access the Portal, you must read and accept all the rules of use included or incorporated by express reference in the Terms and Conditions, including the Privacy Notice. POLIBIT reserves the right to update or revise these Terms and Conditions without prior notice and without the need for prior authorization from any third party; please review these Terms and Conditions periodically to be aware of any changes, without any liability for POLIBIT. Continued use of this website after the publication of any change to these Terms and Conditions indicates that the User accepts such changes without reservation.
POLIBIT is a Mexican company that offers technological infrastructure services (Infrastructure-as-a-Service, "IaaS") under a Software-as-a-Service ("SaaS") model for the management of investment vehicles. The Platform enables Managers (including Fund Managers, Sponsors, Family Offices and Developers, the "Managers") to operate funds, trusts, SPVs, corporations, LLCs and syndications on a white-label basis, with tokenization capabilities under the open ERC-3643 standard, KYC/AML processes, Capital Call management, distributions, and ILPA-aligned reporting for their Investors or Limited Partners ("LPs"). POLIBIT does not take custody of assets, does not intermediate financial transactions, and is not a party to the contractual relationships between Managers and their LPs. The foregoing, on the understanding that POLIBIT only provides technological infrastructure for management and operation, but in no way shall it participate in the operations of the investment vehicles managed by the Managers, nor in the promotion of the projects.
POLIBIT shall grant Users access through the Portal to information on investment vehicles managed by the Manager(s) (the "POLIBIT Service"), as applicable, through the Platform (as defined below). For such purposes, every Manager using the Platform has entered into a services agreement (the "SaaS Services Agreement") whereby POLIBIT grants it a license to use the Software. By virtue of the foregoing, POLIBIT shall provide the Manager with authorization for the access to and use of the Software (as defined below), with the following services and components: i) usage licenses; ii) hosting; iii) installation and configuration; iv) training; v) maintenance; and vi) technical support. The "Software" refers to the set of programs, applications, operating systems, databases, user interfaces, codes, algorithms, data, documentation and other computer components, whether in the form of source code or object code, that POLIBIT makes available to the Manager for use as an online service accessible over the Internet under a Software as a Service modality.
In accordance with these Terms and Conditions, POLIBIT provides the technological platform for the management of investment vehicles, supplying technological infrastructure to the Managers under a "white label" scheme so that they may manage their own projects.
Furthermore, POLIBIT offers the User the POLIBIT Service through the Portal at its website www.polibit.io/.
You agree that by clicking on "Subscribe," "Register," or any other similar link contained in the Portal, or by registering, accessing, or using the POLIBIT Service, you are accepting and acknowledging that you are subject to the rights and obligations described in these Terms and Conditions, even if the POLIBIT Service is used on behalf of a legal entity.
If you do not agree with these Terms and Conditions, we suggest that you refrain from using the POLIBIT Service.
In general terms, and subject to any more detailed provisions, whether substantive or procedural, applicable and implemented through the Portal or the Platform, for the provision of the POLIBIT Service: i) the User registers with a username and password, using the link previously sent by POLIBIT or by the Manager, as applicable, via email; ii) the User must provide all information necessary for the proper and timely provision of the POLIBIT Service, including without limitation the data set forth in the Privacy Notice; and (iii) the POLIBIT Service shall be governed by the instructions that POLIBIT makes available on the Portal and/or the Platform from time to time, with which the User must comply for the proper provision of the POLIBIT Service.
The POLIBIT Service is provided through the Portal as well as through any application developed by POLIBIT.
You shall take into account the following when using or intending to use the POLIBIT Service:
If you have any questions or concerns regarding these Terms of Service, please contact us at admin@polibit.io. For commercial or general inquiries, you may write to info@polibit.io.
The User acknowledges and accepts that POLIBIT provides the Software that facilitates the use of blockchain-based tokenization technology to support the Manager's activities. However, POLIBIT is not, and shall not be construed as, a financial intermediary, fund collector, or entity authorized to carry out regulated activities under the Credit Institutions Law or any other applicable financial regulations in Mexico.
Accordingly, the Manager is solely responsible for all activities related to the sale of Tokens associated with tokenized investment vehicles, including, without limitation, the following:
The foregoing, on the understanding that POLIBIT solely provides technological infrastructure for the registration and management of Tokens under the ERC-3643 standard on a public layer-2 blockchain network. POLIBIT does not custody digital assets under any circumstances. Wallets are the exclusive property of the Manager and the Investors. The User is informed that, given the nature of the blockchain registry, the data recorded on-chain is public and immutable, and therefore the Manager and the Investor assume the risks inherent to this technology, including the impossibility of deleting records previously issued on-chain.
In that regard, in the event of loss, the User must immediately notify POLIBIT to carry out the corresponding actions. The loss of Tokens shall be the User's sole responsibility, and the User assumes the loss of the asset in the event POLIBIT is unable to restore it. The User is hereby informed that POLIBIT does not act as a financial advisor and, therefore, any engagement is undertaken by the User at its sole responsibility.
Additionally, and in accordance with the contract entered into between the Investor and the Manager at the time of subscription to the corresponding investment vehicle (the "Manager Contract"), the following are responsibilities of the Manager:
For clarity, POLIBIT shall be responsible solely for: (a) providing and enabling the use of its technological platform (www.polibit.io) as a white-label platform so that it can be operated directly by the Manager, without such operation being the responsibility of POLIBIT, for which timely collaboration from the Manager shall be necessary by providing the relevant project information and materials; and (b) simplifying the ongoing management of the investment vehicle by automating tasks such as regulatory compliance and other operational activities that contribute to significant savings of time and operating resources for the Manager.
These Terms and Conditions govern the use of the Portal, as well as any technology that may be used by POLIBIT for the provision of the POLIBIT Service (the "Platform"), and access to it constitutes a binding contract (an "Agreement") between POLIBIT and the User. The Privacy Notice is mandatory and binding for all Users. In the event the User does not agree with the Privacy Notice, in whole or in part, the User must refrain from using, operating, visiting the Portal, the Platform and/or using the POLIBIT Service.
By using the Portal, the Platform and/or by inducing their use electronically or through other means, the User indicates acceptance of the Agreement and acknowledges and agrees that: (i) POLIBIT is exempt from any liability, loss, damage or risk resulting directly or indirectly from the use of the Portal, the Platform or the POLIBIT Service; (ii) the use of the Portal and the Platform is subject to the terms of the Privacy Notice, as it may be amended from time to time; and (iii) the User shall only use the materials contained in the Portal and the Platform for personal, non-commercial and informational purposes, and shall not modify any of the materials contained therein.
Unregistered Users shall not have the right to browse the Portal. Only registered Users shall have access to the POLIBIT Service and to all of the content offered on the Portal, for which purpose they must open a user account and enter the registration information. Users may only register if they have the link containing the corresponding access key, which shall be provided by POLIBIT via email. POLIBIT shall only send such email or link to persons who are Investors or LPs of a Manager, at the express request of the latter, in connection with the corresponding investment vehicle.
The POLIBIT Service operates exclusively through its Portal and/or Platform. The POLIBIT Service is provided for Mexico and is governed by Mexican law. Notwithstanding the foregoing, the User may access the Portal and the POLIBIT Service from anywhere in the world, subject at all times to these Terms and Conditions.
POLIBIT reserves the right to suspend, in whole or in part, in its discretion, access to the Website without prior notice, as well as to interrupt the POLIBIT Service to any User who makes an unethical, offensive, illegal or improper use of the content or services offered and/or that is contrary to POLIBIT's interests.
In addition to the obligations set forth in the other sections of these Terms and Conditions, all Users shall have the following obligations:
In addition to the prohibitions or limitations established in the other sections of these Terms and Conditions, all Users undertake not to engage in any of the following conduct:
Likewise, non-Users may not: i) remove copyright notices, trademarks or any other intellectual property notice from any part of the Portal; ii) reproduce, modify, create derivative works, distribute, license, rent, sell, resell, transfer, publicly display, publicly perform, transmit, publish, disseminate or otherwise exploit the Portal; iii) decompile, reverse engineer or disassemble the Portal, except as permitted by applicable law; iv) link to, duplicate or frame any part of the Portal; v) introduce or implement programs or scripts for the purpose of extracting information, indexing, scraping or otherwise data mining any part of the Portal, or unduly hinder or impede the operation and/or functionality of any aspect of the Portal; nor vi) attempt to gain unauthorized access to or affect any aspect of the Portal or its related systems or networks.
The User shall be liable for damages caused to POLIBIT arising from its acts or those of its officers, employees, agents, dependents, collaborators and/or associated, subsidiary and/or affiliated individuals or entities. If the User infringes any of the items set forth in the Terms and Conditions, POLIBIT, without the need for prior notice, shall have the right to cancel and/or suspend the User's account; likewise, the User shall not be entitled to receive any refund and/or indemnification from POLIBIT.
The Service offered by POLIBIT operates exclusively on the Portal www.polibit.io/.
POLIBIT, in its sole discretion, may implement the security filters it deems appropriate to assess Users and to determine whether the information provided by a User is reliable and secure, and whether to provide or discontinue the POLIBIT Services for a User, in its sole discretion. From the moment a User registers on the Portal or the Platform, the POLIBIT team may screen the User in order to safeguard the integrity of its collaborators, agents, partners or shareholders, directors and employees directly or indirectly involved in the provision of the POLIBIT Services.
The User is solely responsible for maintaining the confidentiality of its account information, including the password, and for any and all activity occurring in its account as a result of the User's failure to maintain the confidentiality and security of such information. You agree to immediately notify POLIBIT in the event of any unauthorized use of your account or password, or if any security-related issue occurs. You may be legally liable for losses caused to POLIBIT or to any other User of the Portal due to the use of your account or password by another person, as a result of your failure to maintain the confidentiality and security of the account information. You may not use your account or password, nor the account of another person, without the express permission and consent of the holder of such account. POLIBIT shall not be liable for any loss or damage arising from the breach of these obligations.
Likewise, POLIBIT reserves the right to cancel a User's account temporarily or permanently in case of non-compliance with the User Conduct section immediately below.
In order for the User to contact POLIBIT regarding the POLIBIT Service, inquiries, and other options within the Portal or the Platform, the User may do so through the contacts available on the Portal, provided that the User has a User account on the Platform. For the provision of the POLIBIT Service or to resolve any question or inquiry, the User may be required to provide personal information. POLIBIT's data collection and use policies with respect to the privacy of such information are contained in the Privacy Notice, which is deemed incorporated herein by reference for all purposes and may be consulted through the Portal. It is the User's responsibility to provide accurate, complete, true and updated information. The User, by using the Portal and/or the Platform, agrees to the terms set forth in the Privacy Notice, and undertakes to promptly update any change to the information provided.
POLIBIT holds the exclusive ownership and rights granted by applicable laws and/or international treaties relating to intellectual property, for all trademarks, trade names, software and computer programs in general, and other figures susceptible of legal protection under the Federal Law for the Protection of Industrial Property and the Federal Copyright Law, in relation to the Portal and the Platform, through which it promotes, markets and provides the POLIBIT Service, including but not limited to: i) industrial property over the titles of trademark and trade name registrations granted by the Mexican Institute of Industrial Property; ii) all texts, graphics, user interfaces, visual interfaces, photographs, logos, sounds, music, designs and computer codes, including the design, structure, selection, coordination, expression, look-and-feel and arrangement of such elements; iii) copyright with respect to the computer program(s), software developments, system(s) and/or their derivatives, granted by the National Copyright Institute; and iv) all developments, know-how, distinctive signs and/or assets or rights belonging to it in the field of intellectual property by its own right (the "Intellectual Property").
POLIBIT does not grant any license or authorization of use of any kind over the Intellectual Property, and therefore the User acknowledges that: (i) it has no rights whatsoever over the Intellectual Property and undertakes to respect at all times the rights held by POLIBIT thereon; (ii) it may not modify, alter, delete, copy or reproduce, in whole or in part, including without limitation, the informational content generated by POLIBIT, the Intellectual Property and/or any indication contained in the Portal or the Platform.
The wireless telephony service providers of the Users, the manufacturers and sellers of the devices on which the User uses or accesses the Portal or the Platform, the creator of the Users' operating system, and the operator of any app store or similar services through which Users access the Portal or the Platform and conduct transactions (the "Third Parties") are not part of these Terms and Conditions or of POLIBIT, and are not owners of or responsible for the Portal or the Platform. Consequently, POLIBIT is not and shall not be liable for any operational detail dependent on the Third Parties that could affect the provision of the POLIBIT Service through the Portal or the Platform. Third Parties do not provide any warranty in connection with the Portal or the Platform, and POLIBIT does not provide any warranty in connection with the services provided by the Third Parties.
The Portal and/or the Platform, and the transactional means used therein, have been created for the latest version available on the market of the Users' internet operating systems, and compatibility issues may arise when prior versions are used. Wireless network coverage and Wi-Fi network speed vary depending on the provider and geographic location. POLIBIT is not responsible for the limitations and/or failures in the operation of any wireless or Wi-Fi service used to access the Portal or the Platform, nor for the security of the wireless or Wi-Fi services. Likewise, POLIBIT is not responsible for the charges or fees for the use of data networks, which are the sole responsibility of the User.
The User acknowledges and accepts that POLIBIT may use Artificial Intelligence on its platform, and that this tool is used solely and exclusively for the achievement of POLIBIT's corporate purpose.
By posting or submitting content to the Portal or the Platform, the User automatically grants POLIBIT the right to use, reproduce, present, display, adapt, modify, distribute or promote the content in any form and for any purpose, in accordance with the provisions of the Terms and Conditions and the Privacy Notice. Likewise, the User accepts and warrants that it has the necessary property rights to such content or control over such content, and that the publication and use of the content by POLIBIT does not infringe or violate the rights of any third party, and does not constitute a crime. The User accepts and confirms that it is responsible for all content it posts or submits through the Portal or the Platform. In such cases, the User undertakes to: i) grant POLIBIT a free and non-exclusive authorization to use the shared data; and ii) hold POLIBIT and/or its affiliates harmless from any action, lawsuit or claim for any intellectual property violation arising from the use of shared data that the User itself sends or shares with POLIBIT.
POLIBIT may, without prior notice, suspend, disconnect, deny or restrict your access: i) during a technical failure of the Portal or the Platform, or during the modification or maintenance thereof; or ii) if the User uses POLIBIT's sites and facilities in a manner that violates these Terms and Conditions; iii) if the User does, or fails to do, anything that in POLIBIT's opinion could jeopardize the operation or integrity of the facilities of any of POLIBIT's branches, employees, customers, the Portal or the Platform.
The POLIBIT Portal or Platform may contain links to third-party sites, cookies, resources or sponsors. The existence of links to and from the Portal or the Platform to third-party sites does not constitute sponsorship by POLIBIT of any third-party site, resources, sponsors or content, and POLIBIT accepts no liability, directly or indirectly, for any of such sites, resources, sponsors or content.
POLIBIT makes no representation and does not endorse the accuracy or reliability of any advice, opinion, statement or any other information presented or distributed through the Portal or the Platform. The User accepts that by relying on any such opinions, advice, statements or information, the User does so at its own risk.
POLIBIT and its partners assume no responsibility and offer no warranties of any kind with respect to: i) the content of the Portal and the Platform; ii) the materials, software, functions and information accessed through the software used in the Portal and the Platform or accessed through them; iii) any third-party product or service or links to third parties in the Portal and the Platform; iv) any security breach associated with the transmission of sensitive information through the Portal and the Platform or any linked site; or v) any service provided by a third party that has been contracted through the Portal or the Platform.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POLIBIT, ITS PARTNERS, MANAGERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, SUPPLIERS AND LICENSEES (COLLECTIVELY, THE "EXEMPT PARTIES") SHALL NOT BE LIABLE, UNDER ANY LEGAL THEORY —INCLUDING CONTRACTUAL, TORT, STRICT OR ANY OTHER LIABILITY—, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO: LOSS OF REVENUES, LOSS OF PROFITS OR ANTICIPATED EARNINGS, LOSS OF DATA, LOSS OF GOODWILL, COST OF SUBSTITUTE SERVICES, REPUTATIONAL HARM, DAMAGES ARISING FROM SERVICE INTERRUPTION OR SUSPENSION, DAMAGES CAUSED BY UNAUTHORIZED ACCESS TO OR ALTERATION OF USER DATA OR TRANSMISSIONS, OR ANY OTHER DAMAGE OR LOSS OF A TANGIBLE OR INTANGIBLE NATURE, EVEN IF POLIBIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING APPLIES REGARDLESS OF WHETHER SUCH DAMAGES ARISE FROM: (I) THE USE OF OR INABILITY TO USE THE PORTAL, THE PLATFORM OR THE POLIBIT SERVICE; (II) UNAUTHORIZED ACCESS TO USER SYSTEMS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE SERVICE; (IV) ANY CONTENT OBTAINED THROUGH THE PORTAL OR THE PLATFORM; (V) FAILURES, ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER TECHNICAL OR COMMUNICATIONS FAILURE; OR (VI) ANY OTHER MATTER RELATED TO THE POLIBIT SERVICE. IN ANY EVENT, THE TOTAL AGGREGATE LIABILITY OF THE EXEMPT PARTIES TO THE USER, FOR ANY CAUSE AND REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID BY THE USER TO POLIBIT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR THE EQUIVALENT IN LOCAL CURRENCY OF ONE THOUSAND UNITED STATES DOLLARS (USD $1,000.00), WHICHEVER IS GREATER. THE USER ACKNOWLEDGES THAT THE LIABILITY LIMITS SET FORTH IN THIS CLAUSE CONSTITUTE AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES AND THAT POLIBIT WOULD NOT HAVE ENTERED INTO THESE TERMS AND CONDITIONS IN THE ABSENCE OF SUCH LIMITS.
By this document, the User agrees to indemnify, defend and hold harmless POLIBIT and all of its affiliated or subsidiary companies, affiliates, representatives, agents, advisors, directors, board members, owners, employees, collaborators, information providers, partners, concessionaires and licensees (collectively the "Indemnified Parties") against all liability and costs incurred by the Indemnified Parties in connection with any claim related to any breach of this agreement committed by the User, any unauthorized use of the content of the Portal or the Platform, or any breach by the User of the foregoing representations, warranties or clauses, including, without limitation, reasonable attorneys' fees and expenses. The User must fully cooperate as reasonably required in the defense of any claim. POLIBIT reserves the right, at its own expense, to assume the exclusive defense and control of any matter that would otherwise be subject to indemnification by you, and the User shall in no event settle any matter without POLIBIT's written consent.
POLIBIT may at any time and when it deems convenient, without the need to notify the User, make corrections, additions, improvements or modifications, delete or remove the content, presentation, information, services, areas, databases and other elements of the Portal or the Platform, in whole or in part, without this giving rise to any claim or indemnification, nor implying any acknowledgment of liability in favor of the User.
These changes or modifications shall take effect from the moment they are updated in the application, without the need to notify the User in advance. POLIBIT recommends that the User constantly review these Terms and Conditions of use. POLIBIT reserves the right to terminate the application or remove any of its sections or contents at any time, in its discretion and without the need for any authorization or notice from the User.
This agreement, the Rules of Use, and all matters arising from or related to this agreement shall be governed by the laws of Mexico, before the competent federal courts of Mexico City, Mexico.
These Terms and Conditions have been designed with a modular structure, in order to enable their progressive and general application to the various services that POLIBIT makes available to the market, whether jointly or independently. Accordingly, the Terms and Conditions shall apply, as relevant, to each of the services offered by POLIBIT —including but not limited to its tokenization technological infrastructure, its KYC/AML compliance module and any other future service—, to the extent they are not incompatible with the specific nature of the service in question.
Each new service may incorporate an additional module or section within these Terms and Conditions, which shall set forth the particular elements of the service in question. In the event of a conflict between the provisions of these general Terms and Conditions and those of the specific module of a service, the provisions contained in such module shall prevail.
This structure enables POLIBIT to expand and diversify its service offering in a scalable manner, while maintaining the legal consistency and continuity of the framework applicable to its Users, without the need to redesign or renegotiate the Terms and Conditions in their entirety for each new service incorporated.
Without prejudice to the provisions of the previous sections, and as part of the strategic evolution and diversification of its technological services, POLIBIT may offer its Users, whether Managers, Investors or authorized third parties, access to a specialized module of regulatory compliance technological services, focused on Know Your Customer ("KYC") and Anti-Money Laundering ("AML") prevention processes, through the use of its infrastructure under the Software as a Service ("SaaS") modality.
This compliance module has the sole purpose of providing technological tools that facilitate the automation, systematization and monitoring of identity validation and financial integrity processes, without implying, under any circumstances, that POLIBIT carries out activities of verification, analysis, diagnosis, legal validation or regulatory review of the compliance performed by the Users, nor that POLIBIT guarantees the suitability, sufficiency, accuracy or completeness of the information collected or processed through such module.
On an enunciative but not limiting basis, these services may include:
These services are provided exclusively as a technological tool for operational support, without POLIBIT having any control, access, or liability over the decisions adopted by the User as a result of the use of such services. Consequently, the engagement of this module shall be governed by the particular terms of license, support, usage limitation and technological restrictions that POLIBIT establishes with each User, including non-liability clauses for misuse, improper use, omissions in configuration, defective integrations, and other situations arising from the operation.
Likewise, these Terms and Conditions shall apply on a complementary basis, provided they are not incompatible with the operational nature of the SaaS model offered for these purposes.
The User expressly acknowledges that POLIBIT does not provide legal, tax, financial or auditing consulting services, and that it assumes no liability whatsoever for the effective compliance with regulatory obligations by the User or for the legality of the procedures implemented by the latter. The User shall be solely responsible for verifying that the use of the compliance module is aligned with the laws, regulations and best practices applicable in its jurisdiction, as well as for preserving the supporting documentation and evidence of compliance in accordance with the requirements of the competent authorities.
Finally, the User agrees to hold POLIBIT, its employees, representatives and affiliates harmless from any claim, proceeding, fine or sanction arising directly or indirectly from the use of the KYC/AML compliance module, undertaking to bear all legal and defense costs necessary to protect POLIBIT's interests in case of any conflict arising from such use.
Without prejudice to the provisions of the previous sections, and as part of the strategic evolution and diversification of its technological services, POLIBIT may offer its Users, whether Managers, Investors or authorized third parties, access to a specialized module of payment orchestration technological services, focused on facilitating the flow of capital between Investors and the investment vehicles operated by the Managers, through the use of its infrastructure under the Software as a Service ("SaaS") modality.
This payments module has the sole purpose of providing technological tools that facilitate the automation, systematization, reconciliation and monitoring of payment operations linked to subscriptions, capital calls, distributions, and movements between instruments in fiat currency and stablecoins, without implying, under any circumstances, that POLIBIT holds funds in custody, intermediates financially, acts as a paying agent, or carries out regulated activities under the Credit Institutions Law, the Law to Regulate Financial Technology Institutions, or any other regulations applicable in Mexico or in foreign jurisdictions.
On an enunciative but not limiting basis, these services may include:
POLIBIT does not open, maintain, hold in custody or administer bank accounts, blockchain wallets, private keys, or payment instruments on behalf of the Manager or the Investor. Funds and digital assets flow directly between the accounts and wallets self-provided by the parties and the external financial service providers that each party engages, without POLIBIT at any time taking possession, control or title over such funds or assets.
These services are provided exclusively as a technological tool for operational support, without POLIBIT having any control, access, or liability over payment decisions, the availability of the external providers, settlement times, exchange rates applied, fees charged by third parties, or any consequences arising from the use of the module. The Manager is solely responsible for instructing, validating and authorizing each operation, as well as for complying with the tax, anti-money laundering, regulatory and contractual obligations applicable to the capital flows of its investment vehicle.
The User acknowledges and accepts that the operations carried out through the payments module may be subject to the policies, terms, fees, operational limits and compliance requirements of the external providers integrated into the Platform, which are beyond POLIBIT's control. Likewise, the User agrees to hold POLIBIT, its employees, representatives and affiliates harmless from any claim, proceeding, fine or sanction arising directly or indirectly from the use of the payments module, undertaking to bear all legal and defense costs necessary to protect POLIBIT's interests in case of any conflict arising from such use.
The User acknowledges and accepts that POLIBIT only provides technological infrastructure under a software-as-a-service (SaaS) model for the management of investment vehicles and, where applicable, of tokenized digital assets through the Software. At no time does POLIBIT intervene in the direct administration of wallets, private keys, passwords, tokens, bank accounts or in any other instrument that involves custody, safekeeping or control over the funds or assets of the User, the Manager, or third parties.
In this regard, the User understands and accepts the following:
The User, on its own behalf and on behalf of its representatives, employees, contractors, successors, assignees and any other person acting in its name or under its direction, irrevocably waives any action, claim, demand or proceeding against POLIBIT, its partners, managers, employees, affiliates or advisors, for damages, losses or injuries of any kind resulting, directly or indirectly, from unauthorized access, hacking, security breaches, theft of private keys, implementation errors or any similar event originated by third parties external to POLIBIT, even if such incidents affect the User itself or third parties related thereto.
POLIBIT acts exclusively as a technological infrastructure provider under a Software-as-a-Service model. POLIBIT is not a party or counterparty to the contractual relationships between the Manager and the Investors. Investment contracts, monetary flows, capital transfers, and the execution of legal instruments are the sole responsibility of the Manager and are executed directly between the Manager and the Investors. POLIBIT does not take custody of funds, does not intermediate financial transactions, does not act as a paying agent, and does not constitute a financial intermediary under Mexican law or under any other applicable jurisdiction.
Consequently, the Managers assume full responsibility for: (i) regulatory compliance applicable to fundraising in their jurisdiction; (ii) the contractual and fiduciary relationship with their Investors; (iii) the correct configuration and use of the Platform in accordance with their legal obligations; and (iv) any act, omission or statement made to their Investors through or with the support of the Platform.
The Tokens issued through the Platform comply with the ERC-3643 standard, an open and public-domain standard. The Tokens are issued on a public layer-2 blockchain network selected by POLIBIT. Only wallets previously approved through the KYC/AML process may receive and hold Tokens, pursuant to the on-chain transfer restrictions applied.
POLIBIT does not custody digital assets under any circumstances. Wallets are the exclusive property of the Manager and the Investors. The User acknowledges that the blockchain registry is public and immutable, and therefore assumes the risks inherent to this technology, including the impossibility of deleting records previously issued on-chain. The multi-vertical capability of the Platform covers Real Estate, Energy, Infrastructure, Private Debt and Private Equity.
These Terms and Conditions are complemented by: (i) the POLIBIT Privacy Notice, available at polibit.io/privacy-policy, which governs the processing of personal data; and (ii) the POLIBIT Cookie Policy, available at polibit.io/cookie-policy, which details the use of cookies and similar technologies on the Site. Acceptance of these Terms implies knowledge and acceptance of the aforementioned documents. For inquiries regarding the processing of personal data, the User may contact admin@polibit.io. For commercial inquiries, info@polibit.io.
These Terms and Conditions are published in their Spanish and English versions. The Spanish version is the binding version. The English version constitutes a courtesy translation for international Users and Managers. In the event of any discrepancy between the two versions, the Spanish version shall prevail.