1. GENERAL TERMS AND CONDITIONS OF USE
ECART PAY
The following Terms and Conditions (hereinafter the “Terms”) govern the conditions of use of the services you, as a User, provide to the digital platform at https://pay.ecart.com (hereinafter the “Website” and/or “Platform”) and to any content available on or through this Website. These Terms govern the use of the Website of ECART PAY, S.A.P.I. DE C.V. (hereinafter “We” and/or “ECART PAY”).
ECART PAY has its registered address at Belisario Domínguez, number 2470, 3rd floor, Colonia Obispado, Monterrey, Nuevo León, C.P. 64060.
By using the Website, it shall be understood that you accept and agree to the Terms as they relate to your use of the Website. If you do not agree with these Terms, please do not use the ECART PAY Website. If you have any questions about them, please send an email to support@ecartpay.com
ECART PAY reserves the right to make changes to the Terms regarding the Website at any time and without prior notice, and such changes will be published on said site, so it is your obligation to stay informed of said Terms.
DEFINITIONS
The following definitions are detailed below and may be applied in singular or plural form:
Activation: The process by which the User obtains access to the production account to use ECART PAY Services.
API: The ECART PAY Application Programming Interface and any tool made available to developers.
Application / App: The software application, the Website or any other means by which it is developed, maintained or operated to interact with the API, with the Website and/or with the Services provided by ECART PAY.
Fee: Any charge, regardless of its name or method, other than interest, that ECART PAY charges the User for the provision of the Services.
Chargeback: Means the dispute(s) made by a Cardholder before the issuing bank regarding a charge made to their Card, requesting the return of their money arising from a good or service.
Agreement: These ECART PAY Terms, which establish the conditions applicable to the execution of one or more transactions and regulate the Services provided by ECART PAY, and which must be accepted in order to use the Services.
User Account: The account through which the User is initially identified, which is required so that ECART PAY can provide its Services.
Provisions: The General Provisions Applicable to the Networks of Means of Payment.
Payment Method: Refers to the Payment Methods that ECART PAY makes available to Users, which are: (1) credit and debit cards, whether domestic or international (VISA, MasterCard or American Express); (2) interbank payments through SPEI (Interbank Electronic Payment System); (3) cash payments through referenced deposits at the available chains; (4) as well as any other Payment Method that becomes available and enabled in the future through ECART PAY.
Payment Gateways: The different platforms made available and that may be used, as applicable, by Users who have access keys to process online payments.
Services: Means the service provided by ECART PAY, consisting of: (1) processing payment requests with Cards through a website or a platform with internet connection; (2) acceptance of cash payments through the available chains within ECART PAY Payment Methods; (3) receiving/accepting interbank payments through SPEI (Interbank Electronic Payment System).
Website and/or Platform: Any of the content available on or through this Website.
Card: Credit cards and debit cards.
Cardholder: The holder of the Card.
Transaction: The operation consisting of processing any Card payment request for goods and/or services offered by the User through some digital platform, such request being subject to the authorization or rejection of the issuer of the relevant Card, through ECART PAY.
Fraudulent Transaction: a Transaction that is carried out or intended to be carried out without the authorization or consent of the Cardholder, or that was received, processed and/or carried out without complying with the provisions, procedures and/or rules established in these Terms or in applicable law, or that are illegal, constitute a crime, are sanctioned by applicable law or are prohibited pursuant thereto.
User: All natural or legal persons who acquire the Services of ECART PAY and who have a User registration within the Website.
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE PLATFORM AND THE SERVICES.
ELECTRONIC COMMUNICATIONS
By visiting the ECART PAY Website or sending us emails, you are communicating with ECART PAY electronically and you consent to receive electronic communications from ECART PAY. ECART PAY will communicate through the email address you registered on the Platform.
USE AND RESTRICTIONS OF THE ECART PAY WEBSITE
We operate our Website so that you may learn about and use our Services. By accessing and using the Platforms, you agree to be legally bound by these Terms. ECART PAY shall, at all times, have the right to deny, restrict, suspend, condition access to and use of the Platforms temporarily or permanently, or otherwise immediately terminate these Terms at its sole discretion.
To use the Platform, you must register and complete the corresponding form with your personal information accurately, truthfully and free of bad-faith defects, assuming the commitment to monitor and modify your personal data when necessary; additionally, we will verify your identity.
If the information provided during registration does not match your identity, you will not be able to continue with the process of contracting the Services.
The relationship between you and us will be the use you make of the Services provided through the Website and/or the digital Platform. By using the Platform, you declare that you are acting on your own behalf and that the service will be for personal use and never for a third party.
PLATFORM AND RESPONSIBILITIES
We are constantly innovating our Platform and Website to offer you the best possible experience. Therefore, under these Terms you acknowledge and agree to the following:
Updates and improvements
Our platform may change from time to time because we are constantly innovating. This means that some features may improve, change or even be temporarily suspended. If at any time we suspend your account, you will not be able to log in or view your information or activity.
Risks of using digital means
When using the app and the website, there are risks you should be aware of:
There may be internet failures, SPEI delays or problems with third-party services (card issuers, acquirers).
If you use public WiFi networks or unsecured devices, you could be at risk of digital attacks.
We always protect your information, but it also depends on you to use the app responsibly.
Your safety is key
Your username and password are personal. Do not share them with anyone. We will never ask you for passwords or codes by phone, email or messages. If you notice suspicious activity in your account, let us know immediately through the app or our support email.
Use of your website or web medium
If you have your own website integrated with us, we may display and promote it on our other platforms or those of our related companies. If you do not want us to do so, you only need to cancel your service with us and stop using the platform.
DESCRIPTION OF THE ECART PAY SERVICE
ECART PAY may provide you with the Services requested through its digital Platform or other integration options, and/or any related or complementary product or service that it offers or may offer in the future.
Processing of Card payment requests. ECART PAY services in its payment aggregator mode for the purpose of processing payments by credit, debit, grocery and/or electronic wallet cards for purchase orders through e-commerce, websites and mobile applications. The services may also be processed through the Payment Link method, which consists of charging through a web link that allows the User’s customers to make payments through the previously contracted ECART PAY Services.
Recurring charges. ECART PAY may enable, at the User’s request, an additional Card payment processing mode under the recurring charges scheme. This functionality consists of the prior authorization granted by the Cardholder for the User to make periodic and automatic charges to the same Card, in the amounts and frequency agreed between the User and the Cardholder. The User undertakes to:
Obtain and retain the Cardholder’s express and informed consent to make recurring charges;
Ensure that the Cardholder may revoke such authorization at any time, and stop charges immediately upon receiving such instruction;
Inform the Cardholder of the billing schedule, the amount to be charged, the cancellation policy and any other relevant contractual element;
Comply with the guidelines issued by ECART PAY and the card brands regarding recurring charges. ECART PAY reserves the right to suspend or revoke this functionality if it detects levels of chargebacks, claims or practices inconsistent with these Terms, with the applicable Provisions or with the guidelines of the Card Brands.
Acceptance of cash payments. The services offered by ECART PAY for the purpose of processing cash payments in national currency through referenced deposits in the available and/or authorized chains.
Interbank payments through SPEI (Interbank Electronic Payment System). The service of receiving payments through SPEI transfer (Interbank Electronic Payment Systems) through a unique CLABE account that will be assigned to each of the Users who decide to carry out any operation by this means.
Payment gateways with custom keys. ECART PAY may offer you the secondary service of connection to different “Payment Gateways” where it will grant you access to the Platform to make the connection when these are available, through the configuration of your system using API credentials, with the goal of achieving integration of various Platforms. For this intermediary service, ECART PAY will not be responsible for the proper functioning of the platforms of such Payment Gateways.
USER INFORMATION
During the time you are using our Website and/or the Services, you may be asked to provide certain personal information, which ECART PAY guarantees will be protected to the maximum extent and will be used solely for the use of the Platform, in the relationship you have with us.
We will use information based on the location of your mobile device, through GPS “Global Positioning System” technology (Sistema de Posicionamiento Global, by its Spanish acronym), in those locations where such technology is available, and therefore it is necessary to collect, use, transmit, process and store your geographic data, including, but not limited to, the geographic location of the device as well as information relating to your first name, paternal last name, email address and phone number associated with the device. Therefore, you accept and consent for us to carry out real-time geolocation in order to continue with the contracting and/or use of the Services.
Likewise, ECART PAY informs you that for more information about the use of your personal data and the rights you may exercise, you may consult or access the comprehensive privacy notice at: www.ecartpay.com
ACCOUNT REGISTRATION
If you wish to use our Services, you must register by accepting these Terms. To register, it is mandatory to complete the identification form in all fields with valid data and accurate, precise and truthful personal information.
By registering, you guarantee the truthfulness of the information and assume the commitment to update your personal data when ECART PAY so requires, as necessary.
We reserve the right to request supporting documents and/or additional information in order to validate and corroborate the information provided, as well as to temporarily or permanently suspend those Users whose data could not be confirmed.
Likewise, ECART PAY, in order to comply with the applicable regulation regarding prevention of money laundering and terrorist financing (AML/CTF) and its internal policies in this regard, may request certain information and/or documentation from you for identification, due diligence and transactional monitoring purposes, which may vary depending on your economic activity within the Platform of the Services you use.
We reserve the right to reject a registration request or to cancel or suspend, temporarily or permanently, an account if any of the following circumstances arise: a) if inconsistencies or discrepancies are detected in the information provided; b) if you do not provide or update in a timely manner the information and/or documentation requested, without such decision creating any right to indemnification or compensation; c) if the activity you have declared is defined as prohibited in accordance with these Terms.
You will not be able to register with us if you have or have had sanctions related to any criminal situation, if your name appears on blacklists and/or if you have or have had any relationship with any type of fraud, regardless of whether it was sanctioned or not.
As a general rule, access to the Website may be free. However, ECART PAY conditions access to certain areas of the Website and the use of all its Services upon prior completion of the corresponding User identification registration form.
ECART PAY may make certain Services available whose use may require additional registrations and/or the satisfaction of certain consideration amounts. As applicable, such registration shall be carried out in the manner expressly indicated in the service itself or in the particular conditions governing it.
Once the registration process is successfully completed, we will activate the account. The use of your account is personal and non-transferable, so you accept that, at all times, you will be solely responsible for all transactions carried out in your account and for safeguarding the password with which you will access the Platform.
You undertake to notify ECART PAY immediately and by the appropriate and reliable means, of any unauthorized use of your account, as well as access to it by unauthorized third parties.
ECART PAY reserves the right to reject any registration request or to cancel a previously accepted registration, without being obliged to communicate or explain the reasons for its decision and without this generating any right to compensation or reimbursement.
You confirm that you have sufficient legal capacity to adhere to these Terms.
If you provide false, inaccurate, outdated and/or incomplete information, or if ECART PAY has reasonable grounds to suspect that you have violated these Terms, ECART PAY has the right to suspend or cancel your account and deny the current or future use of the Services or any part thereof.
GENERAL CONDITIONS OF THE SERVICES
ECART PAY and you agree that these Terms are intended to establish the conditions of use of the Service(s) indicated above through all Payment Methods that are available or will be available on the Platform.
By using any of the Services, you assume all risks involved in operating and carrying out activities through websites or the internet.
For the processing of Card payment requests, you agree not to apply any additional charge to your customers for accepting payments by Cards and/or fund credits through your platform(s) and/or the ECART PAY Platform.
Availability and timelines for the settlement of your funds
The funds credited to your account as a result of the contracted Services will be available according to the following timelines and conditions:
The amount of Transactions authorized on a specific operating day and before the cut-off time (22:00 hours), Mexico Central Time, for VISA and MasterCard Cards, will be deposited in your bank account within 2 (two) business days following authorization of the corresponding transaction.
For Transactions with American Express Cards, they will be deposited within 2 (two) to 3 (three) business days following authorization of the corresponding transaction.The amount of Transactions by interbank transfers and cash payments received from Monday to Sunday will be deposited on Thursday of the following week.
By this act, you acknowledge that you are responsible for any amount owed to ECART PAY arising from the Services, including the performance or processing of Transactions.
Limitations
You accept and acknowledge that ECART PAY may determine a maximum amount for your Transactions, which may vary according to the Payment Method, type of request and/or at ECART PAY’s discretion, and may even be modified at any time by mere publication on the Platform.
Additionally, we inform you that financial entities or acquiring banks may establish minimum and maximum amounts for certain transactions, which may change from time to time.
Chargebacks
ECART PAY will notify you when a Chargeback exists; in such case, you undertake to provide ECART PAY, within 5 (five) calendar days after notification, with the information requested from you regarding the operations and their reversals generated, using the resources and technical means that ECART PAY makes available to you, and you authorize ECART PAY to use this information to help you rebut such Chargeback.
You state that you are informed and authorize ECART PAY to make withholdings from your funds when Chargebacks are received for Transactions and/or for operations carried out with bank Cards, for up to 180 (one hundred eighty) calendar days; in the case of international Cards and/or Transactions, the withholding may be for up to 540 (five hundred forty) calendar days.
Once the corresponding information is received, Ecart Pay will deliver the information to the issuing Bank within the period indicated to it. The issuing Bank will analyze and issue a resolution on the Chargeback within a period not exceeding 45 business days after the delivery of the information. The issuing Bank will notify ECART PAY of such resolution, which may be in favor of the Cardholder or in favor of the Merchant (you).
If the resolution was in favor of the Cardholder, ECART PAY will reimburse the transaction amount directly to the Cardholder or through the issuing Bank. If the resolution was in favor of the Merchant, this means that it was resolved in your favor, so ECART PAY will release the previously made withholding and the transaction will be settled to you.
It is important to note that the decision on the resolution of the Chargeback depends entirely on the issuing Bank; therefore, ECART PAY is not responsible for the outcome of the Chargeback resolution.
If ECART PAY does not receive the requested information or the submission is incomplete, incorrect, deficient and/or delayed, the withholding made for the amount of the Chargebacks will be deducted from the settlement of your funds.
Without prejudice to the foregoing, you are informed that, in the event you do not have funds to settle, you undertake to pay the Chargebacks within 30 (thirty) calendar days after notification to the bank account that ECART PAY will provide you for that purpose.
ECART PAY reserves the right to withhold for investigation any payments that it considers, at its sole discretion, to be irregular operations or operations with chargeback risk.
In addition to the foregoing paragraph, ECART PAY may withhold, due to a detected risk, a certain percentage of the settlement of your funds for a period that could be at least 30 calendar days; in this case, ECART PAY will give you prior notice.
Responsibility for Funds
The User releases ECART PAY from all liability for situations that may affect the banking, financial and/or agent entities where the account funds are deposited, as well as for political and economic situations that may arise in the country and that are beyond ECART PAY’s control.
In the aforementioned cases, the Users may not attribute any liability whatsoever to ECART PAY, its affiliates or subsidiaries, controlling and/or controlled companies, nor demand the repayment of money or payment for lost profits, by virtue of damages resulting from this type of situation, nor for payment orders not processed or rejected by the system, nor for suspended or canceled accounts.
You accept and undertake to hold ECART PAY harmless from any claim that may arise from a third party relating to the contractual relationships they enter into with you and the payments they make through the Services.
Clarifications
When you do not agree with any movement appearing in the corresponding Account Statement or in the statement of movements available on the Platform, you may submit a clarification request to ECART PAY within a period of 30 (thirty) business days counted from the date on which said movement occurred.
This clarification request may be made through the Platform help portal; the electronic help channels made available by ECART PAY and/or by email support@ecartpay.com
Once your clarification request is received, ECART PAY will be obligated to acknowledge receipt and indicate the case folio number for your clarification. ECART PAY will have a maximum period of 45 (forty-five) calendar days or 180 (one hundred eighty) calendar days when it concerns operations carried out abroad, to deliver the corresponding opinion, attaching thereto a simple copy of the document or evidence considered for issuing said opinion, as well as a detailed report responding to all the facts contained in the submitted request.
If the 30 (thirty) business day period mentioned in the first paragraph of this section elapses without you having made any clarification, it shall be understood that you agree with the operations carried out and that the entries or items appearing in your account statements, and that appear in ECART PAY’s accounting records, shall be deemed accepted by you and shall constitute full proof.
Refunds and/or cancellations
You authorize ECART PAY to reduce the total value of the Transactions to be deposited by the corresponding amount when refunds and/or cancellations occur, and that these amounts be deposited back to the Card from which said charge was made. Refunds or cancellations may only be made for the total amount charged to the Card.
You are responsible for properly informing your customers, at the time of the Transaction, of any limitation you have in accepting the return of merchandise and, if applicable, you will seek to offer refunds upon receipt of the Transaction made to the Cardholder’s account to which the Transaction was charged and will seek to provide proof of the operation.
ECART PAY will not refund the fees generated by the Transactions carried out.
FEES FOR THE SERVICE
For the use of the Services, you undertake to pay ECART PAY the fee(s) generated plus the value-added tax corresponding to each operation and/or Transaction.
You expressly state that you understand and agree with the terms, conditions, amounts and scope of the fees you are obliged to cover; accordingly, you expressly authorize us to deduct, from any amounts we must deliver to you, the amount of the fee (or any other tax or duty that must be withheld in accordance with applicable law).
ECART PAY may unilaterally modify the fees by notifying you 30 (thirty) calendar days prior to the date they take effect. If you do not agree with such change, you may terminate the contractual relationship without any liability, by giving notice at least 10 (ten) days before the date on which the fee change takes effect.
PAYMENT MANAGEMENT SERVICE
About Payment
ECART PAY, where applicable, may make available to you the secondary payment management service according to the instructions you give us, in order to settle your funds on your behalf and for your account, using the Platform provided by ECART PAY.
It is agreed that the payment management or payment request processing requests that you duly complete will be governed by these general Terms.
By completing a payment management request, you grant an irrevocable mandate to ECART PAY to pay, on your behalf and for your account, a certain sum of money in relation to which the payment management request is completed, on your behalf and for your account, subject to the Terms of the payment management service.
ECART PAY will not use the funds for purposes other than those instructed by you.
ECART PAY reserves the right not to process those payment management requests that are incomplete or in which there are discrepancies between the data provided by you and the data actually entered into ECART PAY or because ECART PAY considers it necessary, without needing to justify its decision.
ECART PAY will not verify the cause or obligation that gave rise to the payment instruction, nor the other circumstances related to the payment instruction.
Given that ECART PAY is unrelated to the obligation that gave rise to the payment management request, ECART PAY will not be responsible for or verify the causes, amount or any other circumstance related to said request, as well as with respect to the existence, quality, quantity, operation, condition, integrity or legitimacy of the goods or Services that you have offered, acquired or sold and paid for using ECART PAY.
The payment instructions entered in a payment management request may only be carried out through the Platform and no instruction sent through other means outside the Platform will be processed or deemed valid.
ECART PAY will not be responsible for orders, instructions, payment management requests and/or mistaken or incomplete payments caused by the erroneous entry of the information you provide us.
ECART PAY will not be responsible for or guarantee compliance with the obligations you may have assumed with third parties in relation to payments to be made or collected through the Platform.
PROPRIETARY MATERIAL
Unless specifically requested, we do not request or wish to receive any confidential, secret or proprietary information, nor any other material from you through the Website, by email or by any other means.
Any information, creative works, demonstrations, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials that you have sent or submitted to us (including, for example, but not limited to, those that you submit or send to our chat groups, message boards and/or our blogs, or that you send to us by email) will be considered non-confidential or non-secret and may be used by us in any manner consistent with the Website.
By submitting or sending materials to us, you; I. Represent the legitimacy of the submitted materials, that no other person has any right over them, and that any “moral right” over the submitted materials has been waived; II. Grant us and our affiliates royalty-free, unrestricted, worldwide, irrevocable, non-exclusive and fully transferable rights and licenses, which may be assigned and sublicensed, to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate into other works any of the submitted materials in any form, medium or technology now known or later developed, including promotional and/or commercial purposes.
We cannot be responsible for retaining any material provided by you and we may delete or destroy such submitted material at any time.
OWNERSHIP RIGHTS
ECART PAY is the exclusive owner of all rights, title and interest in and to the Website, of all content (including, for example, audio, photographs, illustrations, graphics, other visual media, videos, copies, texts, software), codes, data and materials thereof, the look and feel, the design and organization of the Website and the compilation of the contents, codes, data and materials therein, including, but not limited to, any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights therein.
Your use of the Website does not grant you ownership of any of the contents, codes, data or materials to which you may have access on or through the Website.
All software and content of the Website, including; HTML code, texts, animations, images, etc., as well as the trademarks, trade names and/or distinctive signs displayed, are the property of ECART PAY or third parties and are protected by national and international intellectual and industrial property laws.
Any use unrelated to the Website, including the reproduction, modification, distribution, transmission, republication, arrangement or representation of any elements thereof, is strictly prohibited unless there is express written consent from ECART PAY.
PROHIBITED USE
Any commercial or promotional distribution, publication or exploitation of the Website or of any of the content, codes, data or materials on the Website is strictly prohibited unless you have received prior written permission from authorized ECART PAY personnel, or from any other holder of applicable rights.
Except as expressly permitted in these Terms, you may not download, report, display, publish, copy, reproduce, distribute, transmit, modify, perform, disseminate, transfer, create derivative works from, sell or otherwise exploit any of the contents, codes, data or materials on or available through the Website.
You also undertake not to alter, edit, delete, remove or otherwise change the meaning or appearance of, or change the purpose of any of the contents, codes, data or materials on or available through the Website, including, without limitation, the alteration or removal of any commercial mark, registered trademark, logo, service mark or any other proprietary content or notice of proprietary rights.
You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Website.
If you make any other use of the Platform or of the contents, codes, data or materials contained therein or available through it, other than as stipulated above, you may violate copyright laws and other laws of the United Mexican States and other countries, as well as other applicable laws, and you may be subject to legal liability for such unauthorized use.
TRADEMARKS
The trademarks, logos, service marks and registered trademarks (hereinafter “Trademarks”) displayed on the Website or in the content available through the Website are trademarks of ECART PAY, registered, unregistered and others, and may not be used with respect to products and/or Services that are not related to, associated with or sponsored by their rights holders and that may cause confusion among customers or in any way denigrate or discredit their rights holders.
Nothing in this content on the Website shall be interpreted as granting, by implication, waiver or otherwise, any license or right to use any trademark displayed on the Website without the written permission of ECART PAY or of third parties who may own such trademark.
Misuse of the trademarks displayed on the Website or through or in any of the Website Services is strictly prohibited.
NOTICES
For the purpose of making timely notices, ECART PAY designates as contact address the one stated at the beginning of these Terms. The email address provided by you during the registration process on the Website will be the one used by ECART PAY for the purpose of serving notices on you from the moment of contracting.
It will be your obligation to keep duly updated your data referred to in this section for notice purposes.
All notices that ECART PAY sends you shall be deemed validly made if they have been carried out using the correct and accurate data, through the means previously indicated.
ECART PAY and its related companies will not be responsible for conduct on your part that gives rise to or is linked to information contained in false emails or emails that appear to come from ECART PAY that are sent by third parties unrelated to ECART PAY or its related companies; nor will they be responsible for the harmful consequences of such conduct, nor for the circulation of said false emails.
GOVERNING LAW
By visiting ECART PAY, you agree that the laws of the United Mexican States, regardless of your domicile and conflicts of laws, will govern these Terms, as well as any controversy of any kind that may arise between ECART PAY and/or its affiliates or subsidiaries and you.
DISPUTES
Any dispute related in any way to your visit to ECART PAY shall be submitted to alternative dispute resolution methods, with the exception that, to the extent that you have in any way violated or threatened to violate ECART PAY’s intellectual property rights, the latter may seek injunctive relief or other relief before the State or Federal court in the State of Nuevo León, and you agree to submit to the exclusive jurisdiction and venue of such courts.
WEBSITE POLICIES, MODIFICATION AND SEVERABILITY
It is necessary that you review our policies posted on this Website. These policies will also govern your visit to any Platform in relation to ECART PAY. We reserve the right to make changes to our Website, policies and these Terms at any time.
If any of the stipulations is found to be invalid, void or unenforceable for any reason, such condition shall be deemed severable from the validity and enforceability of the other conditions.
ECART PAY CAMPAIGNS
You agree to receive email campaigns/newsletters in order to provide you with information about promotions, new features, important notices and general information.
2. INTEREST-FREE MONTHS TERMS AND CONDITIONS
The payment method in Interest-Free Months (hereinafter, “MSI”) is an additional feature integrated into the card payment processing service provided by Ecart Pay, through which Ecart Pay Users (hereinafter, the “User”) can offer their own customers (hereinafter, the “User’s Customers” or “Cardholder”) the possibility of deferring payment of the amount of their purchases or charges made with a credit card into fixed monthly installments without generating interest, in accordance with the terms and conditions established by the participating issuing banks (hereinafter, the “Participating Banks”).
SERVICE NATURE
MSI constitutes a financing facility provided by the Participating Banks and technically enabled through Ecart Pay’s processing system. Through this option, the Cardholder may select terms of 3, 6, 9, 12, or 18 interest-free months, provided that the minimum amounts established for each term are met. The User, for its part, receives from Ecart Pay the full transaction amount in a single disbursement, deducting the base card usage fee and the surcharge applicable to the selected MSI period. Monthly charges to Cardholders will be made directly by the Issuing Bank, according to the chosen term.
MINIMUM AMOUNTS BY TERM
To use the MSI service, transactions must meet the following minimum amounts, determined by the number of monthly installments:
RESTRICTIONS
This service is limited to use with personal credit cards issued by Participating Banks. It does not apply to transactions made with:
Debit cards.
Business cards.
Private or non-bank cards (Non-Participating Banks).
Cards issued outside Mexican territory.
Participating Banks may modify, without prior notice, the eligibility criteria, authorized BINs, or participating products. Ecart Pay does not guarantee the acceptance of the MSI option by the Issuing Bank, even if the transaction meets the minimum requirements. Any transaction that does not meet the conditions described above will not be eligible for deferred payment in Months Without Interest.
PARTICIPATING BANKS
The following are the authorized Participating Banks for the MSI service at the time of publication of these Terms and Conditions: Afirme, Banco Azteca, BanBajio, Banjercito, Banregio, Banorte, Caja Morelia Valladolid, Crediclub, Falabella, Hey Banco, HSBC, Inbursa, Invex Banco, Konfío, Liverpool Visa, Mifel, Banco Multiva, RappiCard, Santander, Scotiabank, Suburbia Visa.
This list may be modified at any time by the issuers, acquirers, or Ecart Pay without prior notice. The effective participation of each bank will depend on its internal policies and current configuration of the service.
USER SETTLEMENT PROCESS
Once a transaction is made under the MSI scheme:
The Cardholder will be charged monthly by their Issuing Bank according to the selected term.
The User will receive from Ecart Pay the total amount of the sale in a lump sum, subtracting:
The standard processing fee.
The additional charge corresponding to the selected MSI term.
The disbursement will be made according to the times and mechanisms defined by Ecart Pay in its settlement policies.
Consult the costs arising from this modality directly with your Ecart Pay advisor, as they may vary depending on the selected term and current commercial conditions.
3. TERMS AND CONDITIONS OF THE BANK DIRECT DEBIT SERVICE
These terms and conditions govern the use of the Bank Direct Debit Service (the “Service”) made available by Ecart Pay to its affiliated merchants (the “Affiliate”).
PURPOSE OF THE SERVICE
Ecart Pay provides the Affiliate with a technological and operational infrastructure that allows it to initiate direct debits to the bank accounts of its end customers (the “Customers”), acting exclusively as a payment processor and intermediary.
Ecart Pay does not provide, market, or guarantee the services or products offered by the Affiliate. The commercial relationship regarding the service offered to the Customer exists solely between the Customer and the Affiliate.
END CUSTOMER AUTHORIZATION
The Affiliate undertakes to obtain from the Customer an express, prior, and informed authorization for bank direct debits and to clearly and sufficiently inform the amount, frequency, term, cancellation conditions, and to retain sufficient evidence of the mandate granted by the Customer.
The Affiliate acknowledges that Ecart Pay is not responsible for the absence, deficiency, or invalidity of the authorization granted by the Customer. The Affiliate shall keep such evidence available throughout the term of the Service and for any additional period required by applicable legal provisions, and undertakes to provide it to Ecart Pay when requested.
MANDATE AND ELECTRONIC EVIDENCE
The Affiliate accepts and acknowledges that authorizations granted by electronic means constitute valid mandates. Ecart Pay may store, safeguard, and retain the corresponding evidence; such information may be used before banking institutions, competent authorities, clarification, claim, or dispute processes. The Affiliate authorizes Ecart Pay to process such information solely for operational, validation, legal compliance, and fraud prevention purposes.
EXECUTION OF CHARGES AND RETRIES
In the event that a direct debit is unsuccessful due to reasons such as insufficient funds, a blocked bank account, or rejection by the banking institution, the Affiliate expressly authorizes Ecart Pay to make one or more collection attempts, including partial or full charges on different days, until the instructed amount is covered, without the need for additional notice or notification. The Affiliate shall be responsible for verifying that the instructions provided are correct, complete, and current.
REVERSALS, CLAIMS, AND CHARGEBACKS
The Affiliate acknowledges and accepts that any claim or dissatisfaction from the end Customer shall be the exclusive responsibility of the Affiliate. Reversed, rejected, or unrecognized charges will be automatically debited from its balance or settlement account in accordance with Ecart Pay’s general terms and conditions.
CANCELLATION AND MODIFICATION OF THE SERVICE
The Affiliate shall be solely responsible for managing with its Customers any cancellation, modification, or clarification related to the service offered. Ecart Pay may suspend or stop charges by banking, regulatory, or legal instruction.
Ecart Pay may cancel or suspend the Service immediately in the event of:
Breach of these terms.
Operational, legal, or reputational risk.
High levels of claims or chargebacks.
Improper or irregular use of the Service.
Non-compliance with applicable regulations or Ecart Pay internal policies.
LIMITATION OF LIABILITY
Ecart Pay’s liability is limited exclusively to the proper technical processing of charges in accordance with the instructions received from the Affiliate. Ecart Pay shall not be liable for losses, indirect damages, lost profits, banking failures, unavailability of the financial system, errors in the information provided by the Affiliate, or force majeure causes.
DATA PROTECTION
The Affiliate undertakes to comply with the applicable regulations on personal data protection, declaring that it has valid consent from the Customers to share the information necessary with Ecart Pay for the provision of the service. Data will be processed in accordance with Ecart Pay’s Privacy Notice.
The Service will be deemed accepted and active once the Affiliate uses the bank direct debit service. Continued use of the Service implies acceptance of future modifications to these terms when they are published by Ecart Pay.
4. TERMS AND CONDITIONS OF USE OF THE VIRTUAL ARTIFICIAL INTELLIGENCE ASSISTANT
NATURE OF THE SERVICE
ECART PAY makes available to you a virtual assistant based on artificial intelligence technology (hereinafter the "Chatbot") as a complementary customer service tool, with the purpose of providing you with prompt answers to inquiries about our services, transaction status, charges, withdrawals, reconciliations, invoicing, operational processes, and other information related to the Platform. Use of the Chatbot is intended exclusively for persons over 18 years of age or with legal capacity to enter into contracts in accordance with applicable law
applicable.
You acknowledge and agree that the Chatbot is an automated tool that processes your inquiry and generates responses algorithmically, without direct human intervention in real time. The Chatbot does not constitute legal, tax, financial, accounting, or any other type of specialized professional advice, and its responses should not be interpreted as the official, final, or binding position of ECART PAY. The Chatbot may operate and respond in languages other than Spanish; however, the official and binding version of these Terms is only the one written in Spanish. Any translation generated by the Chatbot has no contractual validity.
LIMITATIONS AND ACCURACY OF THE INFORMATION
By using the Chatbot, you expressly acknowledge and agree that:
The information provided by the Chatbot is for guidance and informational purposes only.
The responses generated may contain errors, inaccuracies, omissions, outdated data, incorrect interpretations of your inquiry, or mistaken information arising from the inherent limitations of artificial intelligence technology, including the generation of inaccurate, fabricated, or factually unsupported content (commonly referred to as "hallucinations" in the technology field).
The Chatbot may experience technical failures, interruptions, glitches, downtime, unexpected responses, or any other anomaly typical of this type of system.
Before making any commercial, operational, financial, tax, or legal decision based on the information provided by the Chatbot —including, but not limited to, the execution of transactions, withdrawals, refunds, disputes, or chargebacks— you undertake to verify such information with a human ECART PAY agent through the official channels described in these Terms.
The Terms and Conditions published on the Website shall always prevail over any information the Chatbot may provide. In the event of a discrepancy between what the Chatbot indicates and what is established in these Terms, the latter shall prevail.
The user undertakes to use the Chatbot exclusively for their own inquiries related to their account on the Platform. Use of the Chatbot to obtain information on behalf of third parties, carry out competitive intelligence activities, scraping, automated extraction of information, or any other use that contravenes these Terms or applicable law is expressly prohibited.
EXCLUSION OF LIABILITY
ECART PAY shall not be liable, under any circumstances and for any reason, for:
Direct, indirect, incidental, consequential, special, or punitive damages arising from the use, inability to use, or reliance placed on the responses generated by the Chatbot.
Economic losses, lost profits, damage to reputation, lost business opportunities, or any other harm arising from incorrect, incomplete, outdated, or misinterpreted information provided by the Chatbot.
Decisions made by the user based solely on the information provided by the Chatbot without having previously verified it with an authorized human ECART PAY agent, including decisions regarding fund movements, acceptance or rejection of payments, execution of withdrawals, or handling of disputes.
Technical failures, temporary or permanent interruptions, scheduled or unscheduled maintenance, programming errors, incompatibilities, glitches, latency, service outages, or any other technical issue related to the operation of the Chatbot.
Improper use of the Chatbot by the user, including malicious inquiries, attempts to manipulate the system (prompt injection, jailbreaking), or any other use contrary to these Terms.
Use of the Chatbot is at your sole risk. ECART PAY does not guarantee continuous, uninterrupted, error-free availability or the suitability of the Chatbot for specific purposes.
HUMAN SUPPORT AND SERVICE HOURS
In the event that the Chatbot is unavailable, experiences technical failures, is unable to resolve your inquiry, or you consider that the information provided is not satisfactory, ECART PAY makes available to you a team of human agents to provide personalized assistance.
Our human team will be available Monday through Friday from 9:00 a.m. to 5:00 p.m., through ECART PAY's official contact channels, including:
Official ECART PAY support email
Online chat within the Platform
Support tickets generated from your account
In the event that the user identifies an incorrect, inaccurate, or potentially misleading response from the Chatbot, they may report it directly through the official support channels described in these Terms. ECART PAY will analyze such reports in order to continuously improve the service, without this implying an obligation to provide an individualized response in each case.
Outside the established hours, the Chatbot will remain available as the first point of contact, with the understanding that any complex inquiry, formal claim, transaction dispute, or matter requiring human intervention will be handled during the next business day and hours.
The user acknowledges that the existence of human support does not create any obligation for ECART PAY to replace, correct, or revalidate each prior interaction held with the Chatbot, unless expressly requested by the user within the service hours.
DATA PROCESSING IN INTERACTIONS WITH THE CHATBOT
The interactions you carry out with the Chatbot may be recorded, stored, and analyzed by ECART PAY for the purposes of continuous service improvement, system training, quality control, auditing, fraud prevention, and security. The processing of personal data you share with the Chatbot will be carried out in accordance with ECART PAY's Privacy Policy, which you can consult at https://ecartpay.com/p/legal/privacy-policy.
The conversations held with the Chatbot are for the user's personal use and may not be shared, published, or used for purposes other than managing the original inquiry, unless expressly authorized by ECART PAY or required by a competent authority.
We recommend that you do not share sensitive, confidential information, passwords, full card numbers, CVV, access credentials, one-time passwords (OTP), or any other financial information that is not strictly necessary to resolve your inquiry with the Chatbot. ECART PAY will never request these data through the Chatbot. ECART PAY will not be responsible for the use or disclosure of information that the user voluntarily shares with the Chatbot beyond what is necessary to handle their inquiry.
MODIFICATIONS AND SERVICE AVAILABILITY
ECART PAY reserves the right, at any time and without prior notice, to modify, update, suspend, limit, interrupt, or discontinue, in whole or in part, temporarily or permanently, the Chatbot service, as well as to change the artificial intelligence technology provider that powers it, without this generating any liability on its part or any right to compensation in favor of the user.
ONCE YOU HAVE READ THESE TERMS, YOU ACCEPT THE TRUTHFULNESS AND LEGITIMACY OF THESE TERMS AND THE GUIDELINES GOVERNING THE COMMERCIAL RELATIONSHIP.
Last updated: April, 2026.
