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 that you, as a User, make of the digital platform at https://ecartpay.com (hereinafter “Website” and/or “Platform”) and any of the content 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 has its registered address at Avenida Dr. I. Morones Prieto No. 2110, Pte., Local 3-E, Colonia Loma Larga, Monterrey, Nuevo León, Postal Code 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 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, which will be published on said site; therefore, it will be your obligation to stay informed of said Terms. 

DEFINITIONS

The following definitions are set forth below, which may apply in singular or plural form:

• Activation: Process by which the User obtains access to the production account to use the ECART PAY Services.

  
  

• Prohibited Activities: The activities, lines of business, goods, and services that may not be collected through the Services, pursuant to the PROHIBITED AND RESTRICTED ACTIVITIES section of these Terms.
  
  

• Restricted Activities: The activities, lines of business, goods, and services that may only be collected through the Services with prior express written authorization from ECART PAY, pursuant to the PROHIBITED AND RESTRICTED ACTIVITIES section of these Terms.
  
  

• Acquirer: The institution that, pursuant to the Regulations, participates in payment networks and with which ECART PAY maintains a contractual relationship that allows it to process Card Transactions.
  
  

• API: The ECART PAY Application Programming Interface and any tool made available to developers.
  
  

• Application / App: The software application, Website, or any other medium 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 denomination or type, other than interest, that ECART PAY charges the User for providing the Services.
  
  

• Chargeback: Means the dispute(s) initiated by a Cardholder with the issuing bank regarding a charge made to their Card, requesting the return of their money arising from a good or service.
  
  

• Agreement: Refers to these ECART PAY Terms, which set forth the terms and conditions applicable to entering into one or more operations and regulate the Services provided by ECART PAY, 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.

  
  

• Card Data: The Card number, its expiration date, the Cardholder's name, the security code, and any other Card authentication data.
  
  

• Regulations: The General Provisions Applicable to Payment Networks (Disposiciones de Carácter General Aplicables a las Redes de Medios de Disposición).

  
  

• Data Incident: Any unauthorized access, use, loss, alteration, or disclosure, whether actual or suspected, of Card Data, Cardholder information, or Transaction information.

  
  

• Transaction Limits: The maximum or minimum amounts and number of Transactions that ECART PAY determines for the User Account, pursuant to the Transaction Limits section of these Terms.

  
  

• Card Brands: The payment networks whose Cards are processed through the Services, such as Visa, Mastercard, and American Express, as well as any other enabled by ECART PAY.
  
  

• Payment Method: Refers to the Payment Methods that ECART PAY has available for Users, which are: (1) Credit and debit cards, whether domestic or international (VISA, MasterCard, or American Express); (2) Interbank payments via SPEI (Sistema de Pagos Electrónicos Interbancarios); (3) Cash payments through referenced deposits at participating merchant chains; (4) as well as any other Payment Method that becomes available and enabled in the future through ECART PAY.
  
  

• Payment Gateways: Refers to the different platforms made available and that may be used, as applicable, by Users who have access keys to process online payments.

  
  

• Brand Rules: The rules, bylaws, operating guidelines, and standards issued by the Card Brands applicable to merchants affiliated through a payment aggregator, including the Payment Card Industry Data Security Standard (PCI DSS).
  
  

• Services: Means the service provided by ECART PAY, which consists of: (1) processing Card payment requests through a website or an internet-connected platform; (2) accepting cash payments through participating chains within ECART PAY’s Payment Methods; (3) receiving/accepting interbank payments via SPEI (Sistema de Pagos Electrónicos Interbancarios).
  
  

• Website and/or Platform: Refers to any content available on or through this Website.
  
  

• Card: Refers to credit cards and debit cards. For the purposes of these Terms, prepaid cards, grocery voucher cards, and electronic wallets of any of the Card Brands are also included.
  
  

• 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 respective Card issuer, 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 legislation, or that is illegal, constitutes a crime, is sanctioned under applicable legislation, or is prohibited thereunder.
  
  

• User: All natural or legal persons who acquire the Services of ECART PAY and who have a User account registered on the Website.

PLEASE 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 grant your consent to receive electronic communications from ECART PAY. ECART PAY will communicate via the email address with which you registered on the Platform.

USE AND RESTRICTIONS OF THE ECART PAY WEBSITE

We operate our Website in order for you to learn about and use our Services. By accessing and using the Platforms, you agree to be legally bound by these Terms. ECART PAY will 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 use the Platform, you must register and complete the corresponding form with your personal information in an accurate, truthful, and good-faith manner, assuming the commitment to monitor and update your personal data whenever necessary; additionally, we will verify your identity.  

In the event that the information provided upon registration does not match your identity, you will not be able to continue with the contracting process for 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 represent 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 provide you with 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 we ever suspend your account, you will not be able to log in or view your information or activity.

Risks of using digital media

When using the app and the web, there are risks you should keep in mind:

• There may be internet outages, SPEI delays, or issues with third-party services (card issuers, acquirers).

• If you use public Wi-Fi networks or unsecured devices, you could be at risk of cyberattacks.

• We always protect your information, but it also depends on you using the app responsibly.
  
  

Your security is key

Your username and password are personal. Do not share them with anyone. We will never ask for your passwords or codes over the phone, via email, or by text message. If you notice suspicious activity in your account, let us know immediately through the app or by emailing our support team.

Use of your web page or media

If you have your own page integrated with us, we may display and promote it on other platforms owned by us 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 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.

1. Card payment request processing. Refers to ECART PAY's services in its capacity as a payment aggregator for the purpose of processing payments via credit, debit, grocery voucher cards, and/or electronic wallets for purchase orders through e-commerce, web pages, and mobile applications. Services may also be processed via the Payment Link method, which consists of collecting payments through a web link that allows the User's customers to make payments using the previously contracted ECART PAY Services.

   1. Recurring charges. ECART PAY may enable, upon the User's request, an additional Card payment processing method under the recurring charges scheme. This feature consists of prior authorization granted by the Cardholder for the User to make periodic, automatic charges to the same Card, in the amounts and frequency agreed upon between the User and the Cardholder. The User undertakes to:

      1. Obtain and retain the express and informed consent of the Cardholder to execute recurring charges;

      2. Ensure that the Cardholder can revoke such authorization at any time, and stop charges immediately upon receiving such instruction;

      3. Inform the Cardholder regarding the billing schedule, the amount to be charged, the cancellation policy, and any other relevant contractual terms;

      4. 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 feature if it detects levels of chargebacks, complaints, or practices incompatible with these Terms, applicable Regulations, or Card Brand guidelines.

2. Acceptance of cash payments. Refers to the services offered by ECART PAY for the purpose of processing cash payments in local currency through referenced deposits at participating and/or authorized retail chains.

3. Interbank payments via SPEI (Sistema de Pagos Electrónicos Interbancarios). Refers to the service of receiving payments through SPEI (Interbank Electronic Payment System) transfer via a unique CLABE account assigned to each User who decides to perform a transaction through this medium.

4. Payment Gateways with custom keys. ECART PAY may offer you the secondary service of connecting to various “Payment Gateways,” granting you access to the Platform to execute the connection when these are available, via the configuration of your system using API credentials, with the goal of achieving the integration of various Platforms. For this intermediary service, ECART PAY will not be liable for the proper functioning of the platforms of said Payment Gateways.

USER INFORMATION

During the time you use our Website and/or Services, you may be requested to provide certain personal information, for which ECART PAY guarantees maximum protection and that it will only be used for the operation of the Platform, within our business relationship.

We will use location-based information from your mobile device via GPS technology (Global Positioning System) in locations where such technology is available; 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. Accordingly, you accept and grant your consent for us to carry out real-time geolocation to proceed with the contracting and/or use of the Services.

Likewise, ECART PAY informs you that for further information on the use of your personal data and the rights you may exercise, you can consult or access the full 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 all fields of the identification form with valid data and accurate, precise, and true personal information. 

By registering, you guarantee the veracity of the information and undertake to update your personal data whenever 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 submitted, as well as to temporarily or permanently suspend those Users whose details could not be confirmed.

Furthermore, in order to comply with applicable anti-money laundering and counter-terrorist financing (AML/CTF) regulations and its internal policies in this regard, ECART PAY may request certain information and/or documentation for identification, know-your-customer (KYC), and transaction monitoring purposes, which may vary according to your economic activity within the Platform and the Services you use. 

We reserve the right to reject a registration application or to temporarily or permanently cancel or suspend an account in the following scenarios: a) upon detecting discrepancies or inconsistencies in the information provided; b) in the event you do not provide or update the requested information and/or documentation in a timely and proper manner, without such decision giving rise to any right to indemnification or compensation; c) in the event that your declared activity is defined as prohibited pursuant to these Terms. Likewise, we may suspend or cancel your account if you carry out Prohibited Activities, Restricted Activities without the corresponding authorization, or activities other than those declared in your registration, pursuant to the PROHIBITED AND RESTRICTED ACTIVITIES section.

You will not be eligible to register with us if you have or have had sanctions related to any criminal incident, 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 has been sanctioned or not.

As a general rule, access to the Website may be open. 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 payment of certain consideration. Where applicable, such registration will be carried out in the manner expressly indicated in the service itself or in the particular terms regulating it.

Once the registration process is successfully completed, we will activate the account. The use of your account is personal and non-transferable, and you agree that, at all times, you will be solely responsible for all activity carried out in your account and for keeping safe the password used to access the Platform.

You agree to notify ECART PAY immediately and through a proper and verifiable 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 application or to cancel a previously accepted registration, without being obligated to communicate or state the reasons for its decision and without this giving rise to any right to indemnification or compensation.

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 terminate your account and refuse present or future use of the Services, or any portion thereof.

GENERAL CONDITIONS OF THE SERVICES

ECART PAY and you agree that these Terms are intended to establish the conditions of use for the Service(s) indicated above through all Payment Methods currently or subsequently available on the Platform. 

By using any of the Services, you assume all risks associated with operating and carrying out activities via websites or the internet.

For the processing of Card payment requests, you agree not to apply any surcharges to your customers for accepting Card payments and/or crediting funds through your platform(s) and/or the ECART PAY Platform.



• Availability and timeframes for settlement of your funds

  Funds credited to your account as a result of contracted Services will become available according to the following timeframes and conditions:
  
  

  1. The amount of Transactions authorized on a given business day prior to the cut-off time (10:00 p.m., 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 within 2 (two) to 3 (three) business days following authorization of the corresponding transaction.
     
     

  2. The amount of Transactions from 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 resulting from the Services, including the execution or processing of Transactions.

• Transaction Limits

  You accept and acknowledge that ECART PAY may establish a maximum amount for your Transactions, an amount that may vary depending on the Payment Method, type of request, and/or at ECART PAY's discretion, and may even be modified at any time, with publication on the Platform being sufficient notice.

  
  

  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.

  
  

  Without prejudice to the foregoing, ECART PAY may establish Transaction Limits for your User Account, which may include, but are not limited to:
  
  a) Maximum amount per Transaction;
  
  b) Maximum cumulative amount per calendar day, week, or month;
  
  c) Maximum number of Transactions in a given period;
  
  d) Minimum amount per Transaction; and
  
  e) Differentiated limits by Payment Method, Card Brand, Card type (domestic or international), collection channel (online, Payment Link, or Point of Sale Terminal), or collection method (including recurring charges and interest-free installment plans).
  
  Transaction Limits will be determined based on the transactional profile declared during your registration, your economic activity, your tenure and operational history, your Chargeback and return rates, the risk level assigned to you under ECART PAY's internal anti-money laundering and counter-terrorist financing (AML/CTF) policies, as well as based on instructions or requirements from the Acquirer, Card Brands, or competent authorities.
  
  The Transaction Limits applicable to your account will be available for review on the Platform. ECART PAY may modify them at any time, with their update on the Platform being sufficient, without this implying an amendment to these Terms. When the modification consists of a reduction resulting from a detected risk or a requirement from the Acquirer, Card Brands, or competent authorities, it may take effect immediately, and ECART PAY will inform you via the Platform or registered email.
  
  Transactions that exceed the Transaction Limits may be rejected or, at ECART PAY's discretion, withheld for review until you provide the information and/or documentation requested to verify their legitimacy, without this generating any liability for ECART PAY or any right to indemnification or compensation in your favor.
  
  You may request an increase in your Transaction Limits through ECART PAY support channels, submitting the requested information and/or documentation. The authorization of any increase will remain at the sole discretion of ECART PAY and will be subject to the corresponding risk assessment.
  
  Splitting a single sale across two or more Transactions, using multiple accounts, or performing any other practice aimed at circumventing Transaction Limits is prohibited. You must notify ECART PAY in advance of any significant change in your transaction volume or transactional profile. If your operations do not match the declared transactional profile, ECART PAY may request additional information, withhold the corresponding funds, adjust your Transaction Limits, and/or suspend the Services.

• Chargebacks

  ECART PAY will notify you when a Chargeback occurs; in such case, you agree to provide ECART PAY, within 5 (five) calendar days following notification, with the requested information regarding the operations and their generated reversals, under the resources and technical means that ECART PAY provides to you, and you authorize ECART PAY to use this information to support you in disputing said Chargeback.

  
  You state that you are informed of and authorize ECART PAY to hold your funds when Chargebacks are received for Transactions and/or for operations made with bank Cards, for up to 180 (one hundred eighty) calendar days; in the case of international Cards and/or Transactions, the hold may last up to 540 (five hundred forty) calendar days.

  
  Once the relevant information is received, ECART PAY will deliver the information to the issuing Bank within the specified timeframe. The issuing Bank will review and issue a resolution on the Chargeback within a period of no more than 45 business days following delivery of the information. The issuing Bank will notify ECART PAY of said resolution, which may be in favor of the Cardholder or in favor of the Merchant (you). 

  
  If the resolution is in favor of the Cardholder, ECART PAY will refund the transaction amount directly to the Cardholder or via the issuing Bank. If the resolution is in favor of the Merchant, this means it was resolved in your favor, so ECART PAY will release the previously held funds and settle the transaction with you. 

  
  It is important to note that the Chargeback resolution decision depends entirely on the issuing Bank; for this reason, ECART PAY is not responsible for the outcome of Chargeback resolutions. 

  
  If ECART PAY does not receive the requested information, or if the submission is incomplete, erroneous, deficient, and/or delayed, the hold placed for the amount of the Chargebacks will be deducted from your funds settlement.

  
  Without prejudice to the provisions of this section, please note that, should you have insufficient funds to settle, you agree to pay the Chargebacks within 30 (thirty) calendar days following notification, to the bank account provided by ECART PAY for such purpose.

  
  ECART PAY reserves the right to hold for investigation any payments that it considers, in its sole discretion, to be or potentially be irregular operations or to carry a risk of Chargeback.

  
  In addition to the preceding paragraph, ECART PAY may, due to a detected risk, hold a certain percentage of your funds settlement for a period that could be at least 30 calendar days; in this case, ECART PAY will give you prior notice.

• Liability for Funds 

  The User exempts ECART PAY from all liability for circumstances that could affect banking institutions, financial entities, and/or agents where account funds are held, as well as political and economic events that may occur in the country beyond the control of ECART PAY. 

  
  In such cases, Users may not hold ECART PAY, its affiliates or subsidiaries, parent companies, and/or controlled companies liable, nor demand the return of money or payment for lost profits, on account of damages resulting from such situations, unexecuted or rejected payment orders by the system, or suspended or cancelled accounts.

  
  You agree and undertake to hold ECART PAY harmless from any third-party claim arising from contractual relations entered into with you and payments made using the Services. 

• Inquiries and Disputes

  If you disagree with any transaction appearing in the corresponding Statement of Account or in the transaction history available on the Platform, you may submit a request for clarification to ECART PAY within a period of 30 (thirty) business days from the date on which said transaction took place.

  
  Such request for clarification may be made through the Platform’s help center, the electronic support channels made available by ECART PAY, and/or by email to support@ecartpay.com 

  
  Once your request for clarification is received, ECART PAY will be obliged to acknowledge receipt and provide a tracking ticket number for your inquiry. ECART PAY will have a maximum period of 45 (forty-five) calendar days, or 180 (one hundred eighty) calendar days for transactions conducted abroad, to deliver the corresponding resolution, attaching a plain copy of the document or evidence considered for issuing said resolution, along with a detailed report addressing all facts contained in the submitted request.

  
  If the 30 (thirty) business day period mentioned in the first paragraph of this section elapses without you submitting a dispute, it will be understood that you agree with the transactions executed, and the entries or concepts appearing in your statements of account and recorded in ECART PAY's accounting records will be deemed accepted by you and constitute full proof.

• Refunds and/or Cancellations

  For the purposes of these Terms, “Cancellation” (Void) shall mean the nullification of an authorized Transaction carried out prior to the daily cut-off time of the operating day on which it was authorized, and “Refund” shall mean the reimbursement to the Cardholder of the amount of a Transaction that has already been processed for settlement.

  
  

  You authorize ECART PAY to deduct from the total value of Transactions to be deposited the corresponding amount when refunds and/or cancellations occur, and to have these amounts returned to the Card from which said charge was executed. Refunds or cancellations may only be executed for the total amount charged to the Card.

  
  You are responsible for adequately informing your customers, at the time of the Transaction, of any return policies you may have regarding merchandise, and, where applicable, you will endeavor to offer refunds against the transaction receipt to the Cardholder's account that was billed and attempt to provide a transaction receipt.

  
  

  Refund and cancellation policy. You must have a returns, cancellations, warranties, and delivery policy that complies with the Federal Consumer Protection Law and other applicable legislation, which you must publish clearly, visibly, and accessibly on your website, application, or point of sale, and bring to the Cardholder's attention before the purchase is finalized. In the case of direct-to-door, mediated, or remote sales, you must respect the consumer's right to revoke their consent pursuant to articles 51 and 56 of said law.
  
  Your refund policy applicable to purchases paid with a Card cannot be less favorable to the Cardholder than that applied to purchases made with any other payment method, nor can it discriminate among Card Brands.
  
  Refund Method. Any Refund for a purchase paid with a Card must be made through the Platform and credited to the same Card used for the original charge. You may not issue refunds in cash, via wire transfer, check, store credit, or any other method other than the Card, unless required by applicable law.
  
  Refunds may not exceed the amount of the original Transaction and may only be made in connection with a Transaction previously processed through the Services. Performing Refunds without a backing original sale is prohibited, as is using them to transfer funds to the Cardholder or third parties.
  
  The amount of Refunds will be deducted from your pending settlement funds. If you do not have sufficient funds, ECART PAY may, at its option: (i) decline to process the Refund until you have sufficient funds; or (ii) process it and require payment of the corresponding amount within 30 (thirty) calendar days following notice, to the bank account designated by ECART PAY for that purpose.
  
  You must not issue a Refund for a Transaction that has already been subject to a Chargeback. Doing so makes you responsible for both the Refund amount and the Chargeback, with no liability for ECART PAY.
  
  ECART PAY will process the Refunds you request through the Platform in accordance with the Acquirer's and Card Brands' processes. The timeframe for a Refund to reflect on the Cardholder's statement depends exclusively on the issuing Bank; therefore, ECART PAY will not be liable for such timeframe.
  
  In the case of recurring charges, you must provide the Cardholder with a simple mechanism to cancel their subscription through the same medium in which they subscribed, and refrain from processing charges subsequent to the cancellation date.

  
  ECART PAY will not refund the transaction fees generated by processed Transactions.

SERVICE FEES

For the use of the Services, you agree to pay ECART PAY the applicable fee(s) generated plus the corresponding value-added tax for each operation and/or Transaction. 

You expressly state that you understand and agree to the terms, conditions, amounts, and scope of the fees you are required to pay; likewise, you expressly authorize us to deduct from any amounts we are to pay you, the amount of the fee (or any other tax or duty that must be withheld pursuant to applicable legislation). 

ECART PAY may unilaterally modify the fees by giving notice 30 (thirty) calendar days prior to the effective date. In the event that you do not agree with said change, you may terminate the contractual relationship without liability, by providing notice at least 10 (ten) days prior to the date on which the fee change takes effect.

PROMOTIONS AND PREFERENTIAL RATES

From time to time, ECART PAY may offer promotions, preferential rates, or special fee terms (hereinafter, the "Promotions") through its communication channels, advertising, or Platform. Promotions will be subject to the specific terms, timeframes, validity, and eligibility conditions indicated in each announcement or promotional piece, which form an integral part of these Terms for all legal intents and purposes.

Unless expressly stated otherwise, Promotions, including but not limited to: (i) are exclusively for Users who meet the stated eligibility conditions; (ii) have a limited duration, after which the current standard fee will automatically apply without prior notice; (iii) cannot be combined with other promotions or offers, unless otherwise indicated; and (iv) may be modified, suspended, or cancelled by ECART PAY at any time, without giving rise to any right to indemnification or compensation, except with respect to Transactions already processed under the promotional rate in effect at the time they were executed.

ECART PAY reserves the right to determine, in its sole discretion, the eligibility of a User for a given Promotion, as well as to terminate it early if improper use, account splitting, or other practices intended to obtain promotional benefits irregularly are detected. Participation in any Promotion does not exempt the User from complying with the other obligations and conditions set forth in these Terms, which shall remain in full force and effect.

Additionally, the User acknowledges and agrees that ECART PAY will not be required to honor a Promotion in the following cases:

a) Total or partial failure to comply with any of the eligibility requirements or conditions applicable to the corresponding Promotion; and 

b) When the ownership of the verified User Account used to participate in the Promotion is impersonated or called into question. 

• "0% Fee" Promotion — September 2026. As part of the Promotions offered by ECART PAY, during the Promotional Periods that ECART PAY activates and publishes for this Promotion, the following specific conditions will apply: 

  
  

  "Promotional Period" means the specific validity timeframe—generally corresponding to one calendar month—during which ECART PAY activates this Promotion and publishes it on the Platform and/or through ECART PAY's official communication channels.

  
  

  Users who register for the first time on the ECART PAY Platform (new Users) within the active Promotional Period and who successfully complete their Activation process pursuant to these Terms will be eligible to access this Promotion. 

  
  

  Users who meet the above eligibility condition will enjoy a preferential rate of 0% (zero percent) fee, applicable interchangeably to Transactions processed through Point of Sale Terminals (ecart POS) and/or online, without distinction between either method. 

  
  

  The preferential rate applies up to a cumulative amount of $50,000.00 (fifty thousand pesos 00/100 MXN) processed per User. Transactions exceeding this amount will be subject to the standard fee in effect. 

  
  

  This Promotion is valid only for registrations and transactions carried out during the Promotional Period; once that period has elapsed, the current standard fee will automatically apply, as provided in the second paragraph of this clause. ECART PAY may, in its sole discretion, extend, shorten, or modify the duration of this Promotion by notice published on the Platform and/or its official communication channels, without giving rise to any right to indemnification or compensation in favor of the User.

PAYMENT MANAGEMENT SERVICE

• Regarding Payment

  ECART PAY may, where applicable, make available to you the secondary payment management service in accordance with the instructions you provide to us, in order to settle your funds for and on your behalf, using the Platform provided by ECART PAY.

  
  It is agreed that payment processing or management requests that you complete in due course 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 by your order, a specific sum of money related to the payment management request completed, on your behalf and by your 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 payment management requests that are incomplete, that contain discrepancies between the details provided by you and the details actually entered into ECART PAY, or when ECART PAY deems it necessary, without the need to justify its decision.

  
  ECART PAY will not verify the cause or obligation giving rise to the payment instruction, nor any other circumstances relating to the payment instruction. 

  
  Because ECART PAY is not a party to the underlying obligation that originated the payment management request, ECART PAY will not be responsible for nor verify the causes, amount, or any other circumstance related to said request, nor the existence, quality, quantity, operation, condition, integrity, or legitimacy of the goods or Services you have offered, acquired, or transferred 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 issued will be processed or deemed valid through means external to the Platform.

  
  ECART PAY will not be liable for wrong or incomplete orders, instructions, payment management requests, and/or payments caused by an erroneous entry of information provided by you.

  
  ECART PAY will not be responsible for nor guarantee compliance with obligations you may have undertaken with third parties regarding payments to be made or collected through the Platform.

PROHIBITED AND RESTRICTED ACTIVITIES

All of your Transactions must originate from the legitimate and good-faith sale of goods or services of your own business, corresponding to the activity you declared upon registration, and must comply with these Terms, Brand Rules, Regulations, and applicable legislation. You agree not to use the Services to process Transactions related to Prohibited Activities, or to Restricted Activities without having the corresponding authorization(s), and to ensure that your employees, representatives, and third parties related to your business likewise comply with this obligation.

• Prohibited Activities

  Prohibited Activities include, but are not limited to, the sale, offer, promotion, or collection for:
  
  a) Goods or services whose sale is illegal in the United Mexican States or in the jurisdiction of the Cardholder, as well as stolen goods or goods of illicit origin;
  
  b) Firearms, ammunition, explosives, and their parts, components, and accessories, as well as gunpowder and pyrotechnics;
  
  c) Dangerous, toxic, flammable, or radioactive substances or materials, as well as chemical precursors;
  
  d) Narcotics, psychotropic substances, and other illegal drugs, their synthetic analogs, and drug paraphernalia, as well as cannabis products or derivatives with tetrahydrocannabinol (THC) content not authorized by the health authority;
  
  e) Electronic cigarettes, vapes, electronic nicotine delivery systems, and similar devices, as well as their solutions and accessories, pursuant to Article 4 of the Political Constitution of the United Mexican States;
  
  f) Unregistered medications, prescription drugs without proper verification, as well as products claiming therapeutic, preventive, or curative properties not authorized by the health authority;
  
  g) Pornography, sexually explicit content, sexual or escort services, as well as any content or service involving minors, human exploitation or trafficking, violence, hate, or discrimination;
  
  h) Endangered or protected wildlife species pursuant to NOM-059-SEMARNAT-2010 and applicable international treaties, as well as their parts and derivatives; and human organs, tissues, cells, or bodily fluids;
  
  i) Counterfeit products, replicas, pirated goods, and any good or service that infringes third-party intellectual or industrial property rights;
  
  j) Malicious software, hacking tools, devices or services designed to circumvent technological protection measures, as well as third-party databases, personal data, Card Data, or access credentials;
  
  k) Identity documents, false diplomas or certificates, as well as unauthorized government or immigration administrative management services;
  
  l) Purchase, sale, exchange, custody, or mining of virtual assets, as well as virtual asset exchange services;
  
  m) Gambling, sweepstakes, casinos, and online betting lacking a valid permit granted by the Ministry of the Interior (Secretaría de Gobernación) under the Federal Games and Draws Law;
  
  n) Financial services provided without the authorization, registration, or license required by applicable law, including deposit-taking, lending, money transmission, foreign exchange, and investments with guaranteed or disproportionate returns, as well as credit repair and debt restructuring services;
  
  o) Pyramid or Ponzi schemes, multi-level marketing schemes whose income depends primarily on recruiting participants, and get-rich-quick schemes;
  
  p) Goods or services offered through deceptive or abusive business practices, including free trials with hidden charges, recurring charges not authorized by the Cardholder, and goods or services of no real value to the buyer;
  
  q) Goods or services related to persons, entities, or jurisdictions included on national or international sanctions lists, such as the Blocked Persons List of the Financial Intelligence Unit, the United Nations Security Council lists, or those of the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury; and
  
  r) Any other activity that ECART PAY, the Acquirer, or the Card Brands deem illegal, fraudulent, deceptive, or that represents a legal, operational, or reputational risk.

  
  

• Restricted Activities

  The following activities may only be processed through the Services with prior express written authorization from ECART PAY, provided you demonstrate that you hold the licenses, permits, notices, or authorizations required by applicable law and that these remain in effect throughout the relationship with ECART PAY:
  
  a) Pharmacies, drugstores, medical practices, clinics, and health product stores that hold a health license or operating notice from the Federal Commission for the Protection against Sanitary Risks (COFEPRIS), as applicable; in the case of prescription drugs, you must have mechanisms to validate the medical prescription;
  
  b) Dietary supplements and personal care products with health benefit claims, provided they hold the applicable health authorizations and their acceptance is permitted under Brand Rules;
  
  c) Alcoholic beverages and tobacco products, provided you hold the corresponding licenses and mechanisms to verify the legal age of the buyer;
  
  d) Gambling and sweepstakes that hold a valid permit granted by the Ministry of the Interior;
  
  e) Financial, credit, investment, or crowdfunding services provided by entities that have the corresponding authorization or registration before the National Banking and Securities Commission (CNBV), the National Commission for the Protection and Defense of Users of Financial Services (CONDUSEF), or another competent authority;
  
  f) Donations, provided they are authorized grantees by the Tax Administration Service (SAT) or legally constituted non-profit organizations;
  
  g) Travel agencies, airlines, event ticketing, and, in general, goods or services whose delivery or performance occurs subsequent to the payment date;
  
  h) Subscriptions, memberships, and recurring billing services, including those offering trial periods;
  
  i) Dating or personal relationship services, as well as esoteric, astrology, fortune-telling, and similar services;
  
  j) Sale of pets, provided that applicable animal welfare legislation is complied with;
  
  k) Telemarketing or telephone sales; and
  
  l) Any other activity that ECART PAY determines to be high-risk according to its internal policies, Brand Rules, or the Acquirer's requirements.

  
  

• Updating of the list and changes in your activity

  ECART PAY, the Acquirer, or the Card Brands may expand or modify the list of Prohibited Activities and Restricted Activities at any time, with publication on the Platform being sufficient notice. If, due to such update, your activity falls under any of the aforementioned categories, ECART PAY will notify you so that, as appropriate, you may provide proof of the applicable authorizations or cease processing such Transactions within the timeframe indicated to you.
  
  You must notify ECART PAY prior to implementation of any changes in your activity, line of business, products or services offered, or website. ECART PAY may inspect your website, application, or point of sale at any time and request information or documentation to verify compliance with this section.

  
  

• Consequences of non-compliance

  If you process Transactions related to Prohibited Activities, Restricted Activities without the corresponding authorization, or activities other than those declared in your registration, ECART PAY may, jointly or separately and without any liability: (i) reject or cancel the Transactions; (ii) withhold the corresponding funds for up to the timeframes set forth in the Chargebacks section; (iii) immediately suspend or terminate your account and the Services; and (iv) notify the Card Brands, the Acquirer, and, where applicable, the competent authorities. Furthermore, you will be liable for damages, losses, fines, penalties, Chargebacks, and expenses incurred, and you agree to indemnify and hold ECART PAY harmless against any claims from Cardholders, issuing Banks, the Acquirer, the Card Brands, or authorities.

  
  

CARD BRAND RULES (VISA, MASTERCARD, AND AMERICAN EXPRESS)

• Compliance with Brand Rules

  By accepting Card payments through the Services, you agree to comply with the Brand Rules of each Card Brand enabled in your account, as well as with the operational guidelines that ECART PAY publishes on the Platform. The Card Brands may modify their rules at any time; ECART PAY will inform you of the changes that apply to you, which may take effect within the timeframe determined by the corresponding Card Brand.
  
  In the event of a conflict between these Terms and the Brand Rules regarding Card acceptance, the latter shall prevail, to the extent that they do not conflict with applicable legislation.

  
  

• Card Acceptance

  You may choose the Card Brands you wish to accept and stop accepting one or more of them at any time by making a request to ECART PAY, without this affecting the acceptance of other Card Brands or other Payment Methods. As long as you accept a Card Brand, you must accept all valid Cards of that Card Brand within the enabled category (credit, debit, or prepaid), without discriminating between them or between Cardholders.
  
  You may not establish minimum or maximum amounts for accepting Card payments, nor condition their acceptance upon the purchase of other goods or services, unless expressly permitted by applicable law and Brand Rules.

  
  

• Prohibited Practices

  Pursuant to Brand Rules, it is prohibited, without limitation, to:
  
  a) Charge the Cardholder any surcharge, fee, or markup for paying by Card, or a price different from that offered for other payment methods;
  
  b) Split a single sale into two or more Transactions;
  
  c) Process Transactions to collect pre-existing debts, bounced checks, or any amount not derived from a sale of goods or services of your own business;
  
  d) Process Transactions in the name of or on behalf of third parties, or allow third parties to use your account to process their sales;
  
  e) Disburse cash to the Cardholder or process Transactions for the purchase of foreign currency, virtual assets, account balance, or any other cash equivalent, unless expressly authorized by ECART PAY;
  
  f) Re-attempt the authorization of a declined Transaction using smaller amounts or successive charges, except as permitted by Brand Rules;
  
  g) Request Card Data from the Cardholder through unsecure channels, such as email, instant messaging, or phone calls, or store the Card security code; and
  
  h) Charge the Cardholder, by any other means, an amount that has already been billed to their Card.

  
  

• Cardholder Information

  Your website, application, or point of sale must clearly and visibly display, including but not limited to: (i) the description of the goods or services you offer; (ii) the total price in local currency, including taxes and, if applicable, shipping fees; (iii) your delivery, return, and cancellation policies; and (iv) your physical address, contact details, and customer service information, pursuant to Article 76 BIS of the Federal Consumer Protection Law. The descriptor under which your Transactions appear on the Cardholder's statement must allow your business to be clearly identified.
  
  ECART PAY may require you to implement Cardholder authentication mechanisms, such as 3D Secure, and other fraud prevention tools, according to your risk level.

  
  

• Use of Card Brand Logos

  You may display the logos of the Card Brands enabled in your account solely to indicate that you accept those Cards as a payment method, in accordance with Brand Rules and without implying that any Card Brand sponsors, endorses, or guarantees your goods or services. You must remove said logos from your website, application, and any other material upon termination of your relationship with ECART PAY or upon ceasing to accept the corresponding Card Brand.

  
  

• Security of Card Data

  ECART PAY captures, processes, and protects Card Data in accordance with the Payment Card Industry Data Security Standard (PCI DSS). You may not capture, store, process, or transmit Card Data outside of ECART PAY's tools, except with the prior written authorization of ECART PAY, in which case you must demonstrate your compliance with PCI DSS according to your integration type.
  
  You must notify ECART PAY of any Data Incident immediately and no later than 24 (twenty-four) hours after becoming aware of it; cooperate with investigations conducted by ECART PAY, the Acquirer, and the Card Brands; and cover the costs, fines, and penalties resulting from Data Incidents attributable to you.
  
  

• Chargeback and Fraud Monitoring Programs

  Card Brands operate chargeback, fraud, and compliance monitoring programs. You must maintain your chargeback and fraud ratios below the thresholds established by the Card Brands and communicated to you by ECART PAY. If exceeded, ECART PAY may require you to implement a remediation plan, adjust your Transaction Limits, hold funds pursuant to the Chargebacks section, suspend acceptance of one or more Card Brands, or terminate the Services.
  
  Any fine, penalty, charge, or assessment that the Card Brands or the Acquirer impose on ECART PAY due to your Transactions or your non-compliance with Brand Rules will be passed on to you, and you authorize ECART PAY to deduct it from the funds pending settlement to you. If there are insufficient funds, you must cover it within 30 (thirty) calendar days following notice.

  
  

• Authority of Card Brands and the Acquirer

  ECART PAY may suspend or terminate your acceptance of one or more Card Brands immediately upon request from the Card Brand or the Acquirer, or upon detecting fraud or operational, legal, or reputational risk. Furthermore, you authorize ECART PAY to provide the Card Brands and the Acquirer, when they so request, with a copy of these Terms, your acceptance, your file, and information regarding your Transactions.
  
  The Card Brands shall have the status of third-party beneficiaries of these Terms regarding the acceptance of their Cards, pursuant to Articles 1868 to 1872 of the Federal Civil Code, and may therefore enforce directly against you the obligations provided herein, without this creating any obligation on their part toward you.

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 work, demonstration, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, or other materials you send or submit to us (including, for example and without limitation, what you submit or send to our chat groups, message boards, and/or blogs, or send us via email) will be considered non-confidential and 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 that the materials submitted are lawful, that no other person holds any rights over them, and that any “moral rights” in the submitted materials have been waived; II. Grant us and our affiliates a royalty-free, unrestricted, worldwide, irrevocable, non-exclusive, fully transferable license and rights that may be assigned and sublicensed, to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, execute, display, and incorporate into other works any of the materials submitted in any form, media, or technology currently known or developed in the future, including for promotional and/or commercial purposes. 

We cannot be held responsible for maintaining any material provided by you, and we may delete or destroy such submitted material at any time.

PROPRIETARY RIGHTS

ECART PAY is the sole owner of all rights, title, and interests in and to the Website, including all content (for example, audio, photographs, illustrations, graphics, other visual media, videos, copy, text, software), code, data, and materials thereof, the look and feel, design, and organization of the Website, and the compilation of contents, code, data, and materials therein, including, but not limited to, any copyright, 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, code, data, or materials you may access on or through the Website.

All software and Website contents, including HTML code, text, 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 outside the Website, including reproduction, modification, distribution, transmission, republication, arrangement, or display of any elements thereof, 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, code, data, or materials on the Website is strictly prohibited, unless you have received prior written permission from authorized ECART PAY personnel or from another applicable rights holder.

Except as expressly permitted in these Terms, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell, or in any other way exploit any of the content, code, data, or materials on or available through the Website. 

You further agree not to alter, edit, delete, remove, or otherwise change the meaning or appearance of, or change the purpose of any of the content, code, data, or materials on or available through the Website, including, without limitation, the alteration or removal of any trademark, trade name, 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 the content, code, data, or materials found therein or available through it, other than as provided above, you may violate copyright 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 with, or sponsored by their rights holders and that may cause confusion among customers, or in any manner that disparages 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. 

Misuse of the Trademarks displayed on the Website or through or on any of the Website Services is strictly prohibited.

NOTICES

For the purposes of delivering timely notices, ECART PAY designates as its contact address the one stipulated 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 to issue notices to you from the moment of contracting. 

It will be your obligation to keep your contact details properly updated, which, for notification purposes, are referred to in this section. 

All notices sent to you by ECART PAY will be deemed validly delivered if made using correct and accurate details through the aforementioned media.

ECART PAY and its related companies will not be liable for any actions on your part that originate from or are linked to information contained in spoofed or phishing emails that appear to originate from ECART PAY and are sent by third parties unrelated to ECART PAY or its related companies; nor will they be liable for any harmful consequences resulting from such conduct or the circulation of such fake emails.

APPLICABLE LAW

By visiting ECART PAY, you agree that the laws of the United Mexican States, regardless of your domicile and conflict of law principles, 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, except that, to the extent you have in any manner violated or threatened to violate ECART PAY's intellectual property rights, ECART PAY may seek injunctive or other appropriate relief before any State or Federal court in the State of Nuevo León, and you consent to the exclusive jurisdiction and venue of such courts.

POLICIES, MODIFICATION, AND SEVERABILITY OF THE WEBSITE

You must review our policies posted on this Website. These policies will also govern your visit to any Platform associated with ECART PAY. We reserve the right to make changes to our Website, policies, and these Terms at any time. 

If any of these provisions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining provisions. 

ECART PAY CAMPAIGNS

You agree to receive email campaigns/newsletters in order to provide you with information regarding promotions, new features, important notices, and general information.

You may request to stop receiving marketing communications from ECART PAY at any time by emailing support@ecartpay.com. The opt-out may take some time to take effect while records are updated and will not prevent you from continuing to receive operational communications or those related to your account and your Transactions.