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, give to the digital platform at https://ecartpay.com (hereinafter “Website” and/or “Platform”) and to any of the contents available by or through this Website. These Terms regulate the use of the Website of ECART PAY, S.A.P.I. DE C.V. (hereinafter “We” and/or “ECART PAY”).
ECART PAY is located at Avenida Dr. I. Morones Prieto No. 2110, Pte., Local 3-E, Colonia Loma Larga, Monterrey, Nuevo León, C.P. 64710.
By using the Website, it will be understood that you accept and agree to the Terms regarding 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 regarding them, please write 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, which will be published on said site, so it will be your obligation to be aware of such Terms.
DEFINITIONS
The following definitions are detailed below, which may be applied in singular or plural form:
Activation: Process through which the User obtains access to the production account to use the ECART PAY Services.
API: The ECART PAY Application Programming Interface and any tools made available to developers.
Application / App: The software application, the Website or any other medium through which it is developed, maintained or operated to interact with the API, with the Website and/or with the Services provided by ECART PAY.
Commission: Any charge, regardless of its denomination or modality, other than interest, that ECART PAY charges the User for the provision of the Services.
Chargeback: Means the dispute(s) that a Cardholder makes before the issuing bank for a charge made to their Card, requesting the return of their money derived from a good or service.
Contract: These ECART PAY Terms in which the conditions applicable to the execution of one or more transactions are established and the Services provided by ECART PAY are regulated, which must be accepted to use the Services.
User Account: The account through which the User is initially identified, which is required for ECART PAY to provide its Services.
Provisions: The General Provisions Applicable to Payment Provision Networks.
Payment Method: Refers to the Payment Methods that ECART PAY has available for Users, which are: (1) Credit and debit cards, whether national or international (VISA, MasterCard or American Express); (2) Interbank payments through SPEI (Interbank Electronic Payment System); (3) Cash payments through referenced deposits in available chains; (4) as well as any other Payment Method that is available and enabled in the future through ECART PAY.
Payment Gateways: To the different platforms made available and that may be used by Users who have access keys to process online payments.
Services: Means the service provided by ECART PAY, consisting of: (1) processing card payment requests through a website or an internet-connected platform; (2) accepting cash payments through available chains within the ECART PAY Payment Methods; (3) receiving/accepting interbank payments through SPEI (Interbank Electronic Payment System).
Website and/or Platform: To any of the contents available on or through this Website.
Card: Credit cards and debit cards.
Cardholder: The holder of the Card.
Transaction: The operation consisting of the processing of any Card payment request for goods and/or services offered by the User through a digital platform, subjecting said request to the authorization or rejection of the issuer of the Card in question, through ECART PAY.
Fraudulent Transaction: to the 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 the applicable legislation, or that are illegal, constitute a crime, are sanctioned by the applicable legislation or are prohibited under it.
User: All those natural or legal persons who acquire the Services of ECART PAY and who have a User registration within the Website.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE PLATFORM AND 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 with which you registered on the Platform.
USE AND RESTRICTIONS OF THE ECART PAY WEBSITE
We operate our Website so that you can know and make use of our Services. By accessing and using the Platforms, you agree to be legally bound by these Terms. ECART PAY shall have, at all times, the right to deny, restrict, suspend, or condition access to and use of the Platforms temporarily or permanently, or to terminate these Terms immediately at its sole discretion.
To make use of the Platform, you must register and complete the corresponding form with your personal information in an accurate, truthful, and bad-faith-free manner, assuming the commitment to monitor and modify your personal data when necessary; additionally, we will verify your identity.
In the event that the information provided in the 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 your use of the Services provided through the Website and/or the digital Platform. By using the Platform, you declare that you act 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, by these Terms you acknowledge and accept the following:
Updates and improvements
Our platform may change from time to time, as we are constantly innovating. This means that some functions 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 consult your information or activity.
Risks of using digital media
When using the app and the web, there are risks that you must take into account:
There may be internet failures, delays in SPEI, 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 security 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 to our support email.
Use of your website or online medium
If you have your own page integrated with us, we may display and promote it on other platforms of ours or 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 grant you 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. To the services of ECART PAY in its modality of payment aggregator with the purpose of processing payments through credit, debit, grocery cards and/or electronic wallets for purchase orders through e-commerce, web pages and mobile applications. The services may also be processed through the Payment Link modality, which consists of charging through a web link that allows the User's clients to make payments through the previously contracted ECART PAY Services.
Recurring charges. ECART PAY may enable, at the User's request, an additional modality of Card payment processing 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 upon between the User and the Cardholder. The User agrees to:
Obtain and retain the express and informed consent of the Cardholder to make recurring charges;
Ensure that the Cardholder can revoke said authorization at any time, having to stop charges immediately upon receiving such instruction;
Inform the Cardholder about 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 in case of detecting levels of chargebacks, claims or practices incompatible with these Terms, with the applicable Provisions or with the guidelines of the Card Brands.
Acceptance of cash payments. To the services offered by ECART PAY with the purpose of processing cash payments in national currency through referenced deposits in available and/or authorized chains.
Interbank payments through SPEI (Interbank Electronic Payment System). To the service of receiving payments by SPEI (Interbank Electronic Payment Systems) transfer through a unique CLABE account that will be assigned to each of the Users who decide to perform any transaction 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 provide you with access to the Platform to make the connection when they are available, this through the configuration of your system via API credentials, with the objective of achieving an integration of various Platforms. For this intermediary service, ECART PAY will not be responsible for the correct operation of the platforms of said Payment Gateways.
USER INFORMATION
During the time you are using our Website and/or Services, you may be requested to provide certain personal information, of which ECART PAY guarantees maximum protection and that will only be used for the use of the Platform, in the relationship had with us.
We will use information based on the location of your mobile device, through GPS technology “Global Positioning System”, in those locations where such technology is available, so it is necessary to collect, use, transmit, treat and store your geographic data, including, but not limited to, the geographic location of the device as well as information relating to your name, last name, email and phone number associated with the device. Therefore, you accept and grant your consent for us to carry out real-time geolocation 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 can exercise, you can 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 exact, precise and truthful personal information.
By registering, you guarantee the truthfulness of the information and undertake to update your personal data when ECART PAY so requires, as necessary.
We reserve the right to request proof and/or additional information in order to validate and corroborate the information delivered, as well as to temporarily or permanently suspend those Users whose data could not be confirmed.
Likewise, ECART PAY, with the objective of complying with applicable regulations on the prevention of money laundering and terrorist financing (AML/CFT) and its internal policies in this regard, may request certain information and/or documentation for identification, knowledge and transactional monitoring purposes, which may vary, according to 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, under the following scenarios: a) in case of detecting incongruities or inconsistencies in the information provided; b) in case you do not provide or update in a timely manner the information and/or documentation that has been requested, without such decision generating rights of indemnification or compensation; c) in case the activity you have declared is defined as prohibited in accordance with these Terms.
You will not be able to register with us in case you have or have had sanctions related to any criminal situation, that your name is on blacklists and/or, you have or have had any relationship with any type of fraud, regardless of whether this has been sanctioned or not.
In general, 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 the prior completion of the corresponding User identification registration form.
ECART PAY may make available certain Services whose use may require complementary registrations and/or the satisfaction of certain payments. In its case, said registration will be carried out in the manner expressly indicated in the service itself or in the particular conditions that regulate 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 movements made in your account and for keeping safe the password with which you will have access to the Platform.
You agree to notify ECART PAY immediately and by appropriate and reliable means, of any unauthorized use of your account, as well as access by unauthorized third parties to it.
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 generating any right to indemnification or compensation.
You confirm that you have sufficient and 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 present 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 previously indicated Service(s) 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 clients for accepting Card payments and/or crediting funds through your platform(s) and/or the ECART PAY Platform.
Availability and terms for the settlement of your funds
The funds credited to your account for the contracted Services will be available in accordance with the following terms and conditions:
The amount of Transactions authorized on a specific operating day and before the cut-off time (22:00 hours), Central Mexico time, for VISA and MasterCard Cards, will be deposited into your bank account within 2 (two) business days following authorization of the corresponding transaction.
In the case of Transactions with American Express Cards, they will be deposited into your account 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.
In this act, you acknowledge that you are responsible for any amount owed to ECART PAY resulting 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 the discretion of ECART PAY and may even be modified at any time, its publication on the Platform being sufficient.
Additionally, we inform you that financial institutions 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 there is a Chargeback, in which case, you agree to provide ECART PAY, within 5 (five) calendar days following the notification, with the information requested from the operations and their generated reversals, under the technical resources and means that ECART PAY makes available to you, and you authorize ECART PAY to use this information to assist you in disputing said Chargeback.
You declare to be informed and authorize ECART PAY to perform withholdings on your funds when Chargebacks are received for Transactions and/or for operations carried out with bank Cards, for up to 180 (one hundred and eighty) calendar days; in the case of international Cards and/or Transactions, the withholding may be for up to 540 (five hundred and forty) calendar days.
Once the corresponding information is received, Ecart Pay will deliver the information to the issuing Bank within the period indicated. The issuing Bank will analyze and give a resolution on the Chargeback in a period of no more than 45 business days after delivery of the information. The issuing Bank will notify ECART PAY about said 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 refund the transaction amount directly to the Cardholder or through the issuing Bank. If the resolution was in favor of the Merchant, this means it was resolved in your favor, so ECART PAY will release the previously made withholding and settle the transaction with you.
It is important to note that the decision of the Chargeback resolution depends entirely on the issuing Bank; for this reason, ECART PAY is not responsible for the outcome of the Chargeback resolutions.
In the event that ECART PAY does not receive the requested information or the submission is incomplete, erroneous, 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 what is detailed in this section, it is informed that, in the event you do not have funds to settle, you agree to pay the Chargebacks within 30 (thirty) calendar days following notification to the bank account that ECART PAY will provide you for such purpose.
ECART PAY reserves the right to withhold for investigation those payments that it considers, at its sole discretion, are or could be irregular operations or with a risk of Chargeback.
In addition to the preceding paragraph, ECART PAY may withhold a certain percentage of your funds' settlement due to detected risk for a period that could be at least 30 calendar days, in which case ECART PAY will give you prior notice.
Responsibility for Funds
The User exempts ECART PAY from all liability for situations that could affect the banking and financial institutions and/or agents where the account funds are deposited, as well as for political and economic situations that could arise in the country and that are beyond ECART PAY's control.
In the mentioned cases, Users may not attribute any liability to ECART PAY, its affiliates or subsidiaries, controlling and/or controlled companies, nor demand the return 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 agree and undertake to hold ECART PAY harmless against any claim by a third party relating to the contractual relationships they acquire with you and the payments they make through the Services.
Clarifications
When you do not agree with any movement that appears in the respective Account Statement or in the transaction history 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 was made.
Said clarification request may be made through the Platform's help portal; the electronic help channels made available by ECART PAY and/or through the email support@ecartpay.com
Once your clarification request is received, ECART PAY will have the obligation to acknowledge receipt and indicate the service ticket number of your clarification. ECART PAY will have a maximum period of 45 (forty-five) calendar days or 180 (one hundred and eighty) calendar days when dealing with operations carried out abroad, to deliver the corresponding resolution to you, attaching to it a simple copy of the document or evidence considered for the issuance of said resolution, as well as a detailed report answering all the facts contained in the submitted request.
If the period of 30 (thirty) business days mentioned in the first paragraph of this section elapses without you having made any clarification, it will be understood that you agree with the operations carried out, and the entries or concepts appearing in your account statements and in ECART PAY's accounting will be deemed accepted by you and will 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 returns and/or cancellations occur and that these amounts are deposited to the Card from which said charge was made. Returns or cancellations can only be made for the total amount charged to the Card.
You are responsible for adequately informing your clients, at the time of the Transaction, of any limitation you have to accept the return of merchandise and, if applicable, you will endeavor to offer refunds against receipt of the Transaction made to the Cardholder's account to which the Transaction was charged and will endeavor to deliver a proof of the transaction.
ECART PAY will not refund the commissions generated by the Transactions made.
SERVICE COMMISSIONS
For the use of the Services, you agree to pay ECART PAY the commission(s) generated plus the corresponding value added tax for each operation and/or Transaction.
You expressly declare that you understand and agree to the terms, conditions, amounts, and scope of the commissions you are required to cover; thus, you expressly authorize us to deduct from any amounts we must deliver to you the amount of the commission (or any other tax or fee that under applicable law must be withheld).
ECART PAY may unilaterally modify the commissions by notifying you 30 (thirty) calendar days prior to the date they take effect. If you do not agree with said change, you may terminate the contractual relationship without any liability, by giving notice at least 10 (ten) days prior to the date on which the change in commissions takes effect.
PROMOTIONS AND PREFERENTIAL RATES
Occasionally, ECART PAY may offer promotions, preferential rates, or special commission conditions (hereinafter, "Promotions") through its communication channels, advertising, or Platform. Promotions will be subject to the specific terms, periods, validity, and eligibility conditions indicated in each announcement or promotional piece, which form an integral part of these Terms for all legal purposes.
Unless expressly stated otherwise, Promotions, including but not limited to: (i) are exclusive to Users who meet the indicated eligibility conditions; (ii) have limited validity, after which the current standard commission will be automatically applied without the need for additional notice; (iii) cannot be combined with other promotions or offers, unless otherwise indicated; and (iv) may be modified, suspended, or canceled by ECART PAY at any time, without this generating any right to compensation, except for Transactions already processed under the promotional rate in force at the time they were carried out.
ECART PAY reserves the right to determine, at its sole discretion, a User's eligibility for a given Promotion, as well as to terminate it early in case of detecting improper use, account splitting, or other practices aimed at obtaining promotional benefits in an irregular manner. Participation in any Promotion does not exempt the User from complying with the other obligations and conditions established in these Terms, which will remain in force and applicable in their entirety.
PAYMENT MANAGEMENT SERVICE
Of the Payment
ECART PAY, if applicable, may make available to you the secondary payment management service in accordance with the instructions you give us, in order to settle your funds for your account and order, using the Platform provided by ECART PAY.
It is agreed that requests for management or processing of payment requests that you complete in a timely manner will be governed by these general Terms.
By completing a payment management request, you grant an irrevocable mandate to ECART PAY to pay, for your account and order, a certain sum of money in relation to which the payment management request is completed, for your account and order, 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 deems it necessary, without the need to justify its decision.
ECART PAY will not verify the cause or obligation that originated the payment instruction, nor the other circumstances relative to the payment instruction.
Since ECART PAY is unrelated to the obligation that gave rise to the payment management request, ECART PAY will not be responsible for nor will it verify the causes, amount or any other circumstance relative to said request, as well as regarding the existence, quality, quantity, operation, condition, integrity or legitimacy of the goods or Services you have offered, acquired or disposed of and paid for using ECART PAY.
Payment instructions entered into a payment management request may only be carried out through the Platform and no instruction sent will be processed or deemed valid by other means outside of the Platform.
ECART PAY will not be liable for wrong or incomplete orders, instructions, payment management requests and/or payments caused by the erroneous entry of the information you provide us.
ECART PAY will not be responsible for nor will it guarantee compliance with the obligations you 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 solicit or wish to receive any confidential, secret or proprietary information, or 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 you have sent or presented to us (including, for example, without limitation, that which you present or send to our chat groups, message boards and/or our blogs, or that you send us via email) will be deemed non-confidential or secret and may be used by us in any manner consistent with the Website.
By presenting or sending us materials, you; I. Represent the legitimacy of the presented materials, that no other person has any rights over them, and that any “moral right” over the presented 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 in other works any of the presented materials in any form, media or technology now known or later developed, including for promotional and/or commercial purposes.
We cannot be responsible for maintaining any material provided by you and we may delete or destroy said submitted material at any time.
PROPRIETARY RIGHTS
ECART PAY is the exclusive owner of all rights, title and interest in and to the Website, 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, 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 thereof.
Your use of the Website does not grant you ownership of any of the content, codes, data or materials you may access on or through the Website.
All software and content of the Website, including HTML code, text, animations, images, etc., as well as the trademarks, commercial 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 outside the Website, including reproduction, modification, distribution, transmission, republication, arrangement or representation of any of its elements, is strictly prohibited without the express written consent of ECART PAY.
PROHIBITED USE
Any distribution, publication or commercial or promotional exploitation of the Website or any of the content, codes, data or materials on the Website is strictly prohibited, unless you have received prior written permission from authorized personnel of ECART PAY, or from some other applicable rights holder.
Except as expressly permitted in these Terms, you may not download, report, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or in any other way exploit any of the contents, codes, data or materials on or available through the Website.
You agree, furthermore, not to alter, edit, delete, remove or otherwise change the meaning or appearance of, or change the purpose of any of the content, codes, data or materials on or available through the Website, including, without limitation, the alteration or removal of any trademark, 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 another use of the Platform or the content, codes, data or materials found there or available through it, other than as stipulated above, you may violate the copyright laws and other laws of the United Mexican States and other countries, as well as other applicable laws and may be subject to legal liability for such unauthorized use.
TRADEMARKS
The trademarks, logos, service marks, registered trademarks (hereinafter “Trademarks”) displayed on the Website or in the content available through the Website are registered, unregistered and other trademarks of ECART PAY and may not be used in connection with products and/or Services that are not related, associated or sponsored by their rights holders and that may cause confusion to customers or in any manner that denigrates or discredits their rights holders.
Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of ECART PAY or third parties that may own said Trademark.
The misuse of the trademarks displayed on the Website or through or on any of the Website's Services is strictly prohibited.
NOTIFICATIONS
For purposes of making timely notifications, ECART PAY designates the address stipulated at the beginning of these Terms as its contact address. The email address provided by you during the registration process on the Website will be the one used by ECART PAY for purposes of making notifications to you from the moment of contracting.
It will be your obligation to keep duly updated your data that, for notification purposes, are referenced in this section.
All notifications made to you by ECART PAY will be considered validly made if they have been carried out using the correct and precise data, through the aforementioned media.
ECART PAY and its related companies will not be responsible for your conduct that originates or links with information contained in false emails or that appear to come from ECART PAY that are sent by third parties unrelated to ECART PAY or its related companies; nor will they answer for the damaging consequences of such conducts, nor for the circulation of the mentioned false emails.
APPLICABLE LAW
By visiting ECART PAY, you agree that the laws of the United Mexican States, regardless of your address and conflicts of laws, will govern these Terms, as well as any dispute of any kind that might 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 will 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 the intellectual property rights of ECART PAY, the latter may seek injunctive or other appropriate relief in any 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 published 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.
In the event that any of the stipulations should prove to be invalid, void or for any reason unenforceable, such condition shall be deemed severable from the validity and enforceability of any of the remaining conditions.
ECART PAY CAMPAIGNS
You agree to receive email/newsletter campaigns in order to provide you with information about promotions, new features, important announcements 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 THEIR TRUTHfulness AND LEGITIMACY AND THE GUIDELINES BY WHICH THE COMMERCIAL RELATIONSHIP WILL BE GOVERNED.
Last updated: June, 2026.
