PAYMENT SERVICES TERMS AND CONDITIONS

These Payment Services Terms and Conditions (the "Terms") govern the relationship between you, in your capacity as an end user ("You" or the "User"), and Fizupay Inc. ("Fizupay"), which acts solely as a payment facilitator ("Payment Facilitator") for the service provider contracted by you (the "Service Provider").

Prior to using the payment service facilitated by Fizupay (the "Payment Service"), the User must read these Terms carefully. By using the Payment Service, You acknowledge that you have read, understood and fully accepted these Terms. If You do not agree with these Terms, you must not use the Payment Service.

By contracting the services of the Service Provider (the "Contracted Services") and selecting Fizupay as the payment intermediary, the User represent and warrant that:

(i) is of legal age in accordance with applicable law;
(ii) has full legal capacity to contract;
(iii) expressly accepts these Terms;
(iv) uses the Service Provider's channels exclusively to contract services for themselves or for duly authorized third parties; and
(v) all information provided to both the Service Provider and Fizupay is true, accurate, current and complete.

By continuing your purchase with Fizupay as the Payment Facilitator, You confirm that you have read and accepted these Terms.

The User is expressly advised to carefully read the Service Provider's Terms, as they may contain relevant provisions regarding liability, cancellations, modifications, penalties, bonuses, refunds, if applicable, and other restrictions applicable to the contracted service.

1. SCOPE OF SERVICES

Fizupay acts solely and exclusively as a Payment Facilitator. Its role is limited to providing payment options during the purchase process, processing payments expressly authorized by the User, managing and scheduling installment payment plans when applicable, and sending operational communications related to the payment plan.

Payment processing for the goods or services contracted or purchased may be carried out by Fizupay, its affiliated entities within its corporate group, or third-party payment service providers, as applicable. In all cases, the User's payment information will be processed in accordance with industry-standard security and encryption protocols, and in compliance with the rules and requirements of the applicable payment service providers.

Fizupay does not market flights, accommodations or travel services, nor does it provide the Contracted Service. Fizupay does not define or control the content, scope or terms of the Contracted Service, nor does it set prices, commercial terms or cancellation, modification, or refund policies. Fizupay does not grant credit or financing and does not act as the merchant of record (the "Merchant of Record").

All responsibility related to the Contracted Service lies solely with the Service Provider, who is the exclusive and true Merchant of Record with respect to the User.

With respect to the service agreement entered into directly between the User and the Service Provider, to which Fizupay is not a party under any circumstances, only the terms and conditions established by the relevant Service Provider (the "Service Provider's Terms and Conditions") shall apply.

The Service Provider's Terms and Conditions may be made available to the User during the booking or contracting process, through channels determined by the Service Provider or may be directly requested by the User, as appropriate. Fizupay does not control, review, validate or guarantee the content of the Service Provider's Terms and Conditions and assumes no responsibility for any rights, obligations or consequences arising therefrom.

2. AVAILABILITY AND MODIFICATIONS

The Payment Service is provided in accordance with these Terms and the specific conditions applicable to certain payment methods, including the rules of card networks (VISA, MASTERCARD, among others). Fizupay reserves the right to suspend or temporarily limit access to the Payment Service for operational, technical, maintenance, or security reasons, and may also modify or enhance its functionalities.

In the event of any conflict between these Terms and the specific conditions of a particular payment method, the latter shall prevail with respect to that payment method. For any matters related to Contracted Service, including inquiries regarding bookings, changes or cancellations, please contact the applicable Service Provider directly.

3. PAYMENT PROCESS AND METHODS

During the booking or purchase process of the Contracted Service, the User is provided with the necessary technical tools to identify and correct any errors in the registration forms before submitting their purchase and/or booking request. The User is strongly advised to verify the accuracy of all information prior to finalizing the request. Subsequent change requests may result in significant additional costs.

We may need to contact you, for instance, in the event of any subsequent changes to the Contracted Services. You are required to provide accurate contact information, including your full name, age, phone number and email address. Additionally, you must regularly check for messages (the "Messages") from Fizupay or the Service Provider.

It is also your responsibility to ensure that you are able to receive our Messages. We are not liable if you do not receive a Message from Fizupay due to circumstances beyond our reasonable control, including, but not limited to, the following: (i) you provided an incorrect email address; (ii) your email settings prevent the receipt of our emails; or (iii) your email settings classify our Messages as spam.

To access the Payment Service, the User must exclusively use the payment methods enabled during the purchase process. By adding or using a payment method, the User expressly authorizes Fizupay to verify it through nominal amount authorizations, bank validations or other reasonable mechanisms, as well as to charge the payment method for the amounts due to the Contracted Service, including applicable taxes and agreed installments.

Furthermore, the User authorizes Fizupay to process any other additional debits or credits as necessary to correct errors or process refunds that have been properly authorized.

If using payment methods not registered in the User's name, the User acknowledges full and sole responsibility for ensuring they have the necessary authorization to use such methods. Fizupay reserves the right to reject or limit transactions when it cannot verify the provided information, detects suspicious, fraudulent or unlawful activity or deems that the transaction violates these Terms or its internal risk management policies.

5. CHARGES, CURRENCY AND TRANSACTION PROCESSING

Payments processed through the Payment Service provided by Fizupay are generally made in U.S. dollars ("USD"). However, the charge may be reflected in the User's local currency or another currency, according to the rules and criteria set solely by the bank, financial institution, payment method issuer, or the relevant payment network. Fizupay does not determine or control the final currency in which the charge is debited, nor how it appears on the User's statement.

The Users acknowledges that when the payment is processed outside of their country of residence, when the Service Provider is located in a different country than that of the payment method issuer or when the selected payment currency differs from the billing currency of the payment method, the transaction may be considered an international or cross-border transaction. In such cases, the bank, the issuer or the payment network may apply additional charges, international transaction fees, currency conversion costs, exchange rate differences, taxes, administrative surcharges or other similar fees.

These charges are determined and applied exclusively by third parties independent of Fizupay. Therefore, Fizupay shall not assume any responsibility nor bear any liability whatsoever for the final amounts debited, for any discrepancies between the amount indicated at the time of the purchase process and the amount reflected on the User's statement or for any variations resulting from currency conversions or third-party charges. Any inquiries or claims must be directed to the bank or the issuer of the applicable payment method.

By using a bank account or any other non-bank payment method that allows such transactions, the User represents and warrants that this account or payment method is authorized to receive debits in USD and complies with all operational and regulatory requirements of the relevant bank. Fizupay shall not be liable for any rejections, delays or failures arising from limitations of the User's bank account or payment method.

The User acknowledges that, in the event of changes to the payment method information made by the bank or another authorized issuer (including, but not limited to, the card number, expiration date, or other relevant information), Fizupay may obtain updated information through its financial partners and payment networks in an attempt to maintain the continuity of the payment plan, without any guarantee of successful collection.

6.1. TOTAL PAYMENT, INSTALLMENTS AND PARTIAL PAYMENTS

Subject to the availability indicated during the purchase process, You may choose to pay the total price in a single payment, in installments or through an initial partial payment with the remaining balance due at a later time, as determined exclusively by the agreement between Fizupay and the Service Provider. In such cases, the User will only be offered the payment options that have been mutually agreed upon by the parties.

The terms of the payment plan (including amounts, currency, number of installments and due dates) will be provided in advance. Charges will be automatically debited from the registered payment method. Once accepted, these terms cannot be modified, except in specific cases, which may result in additional charges. Your bank or payment issuer may charge an exchange rate fee and Fizupay shall not be liable for any fluctuations in such exchange rates.

6.2. AUTHORIZATIONS AND PRE-AUTHORIZATIONS

Certain payment methods may require prior authorizations or pre-authorizations, which do not constitute final charges. The release of funds is solely at the discretion of the bank or other issuer and the payment network. Fizupay shall not be liable for any temporary holds.

6.3. PROCESSING AND SETTLEMENT TIMES

Processing and settlement times may vary depending on the payment method, bank, network, and jurisdiction. Fizupay does not guarantee specific timeframes nor assume responsibility for delays attributable to third parties.

6.4. FAILED PAYMENTS

Payments may fail due to various factors, including but not limited to insufficient available funds, payment method rejections, technical issues, insufficient credit limit, errors by the payment service provider or any other circumstance preventing successful debit or processing. The User shall be responsible for maintaining sufficient funds and ensuring valid payment methods are available to fulfill the contracted payment plan.

The User expressly authorizes Fizupay to initiate payment retries, either directly or in collaboration with its payment service provider, and to suspend or cancel the payment plan in the event of repeated or persistent defaults.

In the event that Fizupay is unable to process the payment for any of the reasons outlined, and prior to the cancellation of the payment plan, Fizupay will contact the User as promptly as possible to provide the opportunity to modify, replace or offer an alternative payment method for the outstanding amounts.

For such purposes, the User acknowledges and authorizes Fizupay to collect and use their contact information, including name, phone number, and email address, exclusively to manage payment regularization and facilitate the replacement of the payment method within the timeframe specified in the relevant communication, which will be no less than three (3) days and no more than ten (10) calendar days from the date of notification.

The aim of this procedure is to allow for the normalization of the payment plan and prevent its cancellation. If the User fails to replace the payment method or regularize the debt within the given timeframe, it will be deemed as an intention to cancel the payment plan by the User, with all the consequences that may arise. In such cases, Fizupay and/or the Service Provider may apply their own commercial and operational policies, including, without limitation, the cancellation of the service.

Notwithstanding the foregoing, in the event of continued payment default, Fizupay reserves the right to permanently terminate the service, notify such termination via email or any of its usual communication channels to the Service Provider and the User, and provide the necessary information regarding the next steps and the consequences of the termination.

6.5. AMOUNT DISCREPANCIES

In certain cases, the prices and fees of the Service Provider may be displayed in a different currency from the one shown on the platform. In such instances, Fizupay may provide an estimate in the default currency, which is for informational and reference purposes only. The final amount debited by the payment method issuer may differ slightly due to exchange rate fluctuations, currency conversions or additional charges determined and applied exclusively by third parties, without any liability on the part of Fizupay.

6.6. TAXES AND GOVERNMENT FEES

Unless expressly required by law, Fizupay does not determine or collect taxes, which are the responsibility of the User and/or the Service Provider. In cases where taxes or fees must be debited depending on the applicable country, the User acknowledges awareness of such taxes, which are not part of the service and, therefore, are neither set nor the responsibility of Fizupay.

6.7. SERVICE INTERRUPTIONS

The Payment Service is dependent on technological systems and third-party providers. Fizupay may suspend or reschedule charges without assuming liability.

Fizupay shall not be liable for any failure or delay in fulfilling its obligations in the event that such failure or delay results from circumstances beyond its reasonable control, including, but not limited to, system failures, third-party service interruptions, natural disasters, pandemics, wars, power outages or payment network failures.

6.8. PAYMENT FRAUD

If Fizupay has reasonable grounds to suspect the existence of fraud, unauthorized use of the payment method or any illicit activity, it reserves the right to reject, suspend or cancel the payment processing and to request additional information or documentation to verify the legitimacy of the transaction.

Cases of actual or suspected fraudulent or criminal activity may be reported to the competent authorities in accordance with applicable law.

7. CANCELLATIONS AND REFUNDS

The conditions for cancellations, modifications and refunds are determined exclusively by the Service Provider and the selected rate.

Refunds will be processed solely in accordance with the Service Provider's Terms and at its instruction. If a refund is applicable, it will be made using the same payment method used for the original booking or purchase, unless technically impossible or otherwise provided by law.

The User acknowledges that the fees and charges may include non-refundable components, such as administrative fees, processing fees, penalties or other charges defined by the Service Provider. Consequently, even if the User is eligible for a refund, the amount refunded may be less than the total amount originally paid.

The refund eligibility evaluation is carried out exclusively by the Service Provider. Fizupay, in its capacity as an intermediary, does not control or influence the timelines or the final decision of the Service Provider. As an intermediary, Fizupay will only process refunds once it has effectively received the corresponding funds from the Service Provider.

8. CHARGEBACKS

In the event of chargebacks initiated by the User, Fizupay shall act in accordance with the terms agreed with the Service Provider. The financial responsibility for chargebacks lies solely with the Service Provider.

The User agrees not to initiate chargebacks abusively, fraudulently, or without legitimate cause, acknowledging that such actions may result in the suspension of the Payment Service and the application of risk management measures.

9. RESPONSIBILITY

Responsibility for the effective provision, performance, quality, compliance, suitability, legality, and other conditions of the services offered lies exclusively with the relevant Service Provider. In its capacity as an intermediary and Payment Facilitator, Fizupay does not provide the underlying services, nor does it act as organizer, provider, guarantor or insurer of the Contracted Services, and assumes no liability whatsoever for the services offered by the Service Providers.

Accordingly, Fizupay makes no representations or warranties of any kind, whether express, implied, or statutory, including, without limitation, quality assurance, fitness for a particular purpose, availability, continuity or compliance, with respect to the services offered, advertised or contracted through the platform, website, and/or applications of the Service Provider. The information is provided directly or indirectly by the Service Provider.

The User acknowledges and agrees that Fizupay acts solely as a Payment Facilitator between the User and the Service Provider. Under no circumstances shall Fizupay be liable for the services booked or contracted by the User with one or more Service Providers, nor for any errors, inaccuracies, omissions, or outdated information displayed on the platform, website, or applications -whether technical, operational, commercial or of any other nature-, when such information is provided by the Service Provider or originates from its own systems.

In the event that a Service Provider is unable to provide the service for any reason, including but not limited to force majeure, extraordinary events, administrative or judicial decisions, labor disputes, operational failures or in the case of insolvency, reorganization proceeding or bankruptcy of the Service Provider, Fizupay will act solely in its capacity as a payment intermediary and shall only be obligated to refund the User the amounts actually received, and only to the extent and at the time that such amounts have been previously authorized, refunded and made available to Fizupay by the relevant Service Provider.

Any claim, action, dispute or liability arising from the performance, non-performance, modification, cancellation or deficient provision of the services must be directed exclusively against the Service Provider, who shall be the solely responsible to the User, hereby expressly releasing Fizupay from any liability in this regard.

To the maximum extent permitted by applicable law, Fizupay's total and cumulative liability to the User for any claim related to the Payment Service shall not exceed, under any circumstances, the amount actually charged by Fizupay to the User in the transaction giving rise to the claim. In no event shall Fizupay be liable for any indirect, incidental, special, punitive or consequential damages, including, without limitation, loss of profits, loss of business opportunity, reputational damage or data loss. Accordingly, the User agrees that any claim must be made individually and waives participation in any collective actions, class actions or representative proceedings against Fizupay.

10. USER CONDUCT

The User is responsible for using the Payment Service lawfully and in accordance with these Terms.

11. PERSONAL DATA PROTECTION

We take the protection of your personal data seriously. The User agrees that detailed information regarding the collection, processing and use of personal data is provided in our Privacy Policy, which can be accessed at the following link: https://fizupay.com/en/privacy-policy

12. INTELLECTUAL PROPERTY

The Fizupay website, payment processing platform and all associated content are protected by intellectual property laws, including copyright, trademarks and other applicable regulations in the United States and other jurisdictions.

The User acknowledges and agrees that all intellectual property rights, including but not limited to software, designs, texts, graphics, logos, trademarks, trade names and functionalities, are the exclusive property of Fizupay or its affiliates, licensors, business partners or assignees, as applicable (the "Intellectual Property").

The User agrees not to remove, alter, conceal, reproduce, distribute, modify or exploit the Intellectual Property without the prior written consent of the respective owner.

The trademarks, trade names and distinctive signs of third parties that may appear on the website or platform are used solely for identification purposes and remain the exclusive property of their respective owners. Nothing in these Terms grants the User any rights over such trademarks.

The User agrees not to initiate, authorize or encourage any third party to initiate any claims or actions for intellectual property infringement against Fizupay or any of its affiliates, licensors, or partners, in relation to the lawful use of the website, platform or Payment Service.

13. INDEMNITY

The User agrees to indemnify, defend and hold harmless Fizupay, its external providers or licensors, Fizupay's business partners and its respective employees, officers, directors, managers and representatives (each an "Indemnified Party" and collectively the "Indemnified Parties") from and against any and all losses, damages, liabilities, judgments, penalties, fines, costs and expenses (including attorney's fees and court costs) suffered or incurred by any of the Indemnified Parties as a result of any claim, legal action, demand or third party procedure resulting from or related to:

(i) The User's use or access to the website and/or platform for payment in a manner not authorized by these Terms or in violation of any applicable law;
(ii) Any breach by the User of any term or condition of these Terms, including, but not limited to, any representations and warranties set forth herein.

We will promptly notify You of any claim that Fizupay becomes aware of and deems subject to indemnification under this section.

14. GOVERNING LAW AND JURISDICTION

These Terms and your use of the Payment Service provided by Fizupay shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America.

The User and Fizupay expressly, exclusively and irrevocably submit to the jurisdiction and competence of the federal Courts located in the State of Delaware, United States of America, for any dispute, claim or action arising from or related solely to the Payment Service and these Terms.

This clause is independent and does not apply to any claims, actions or disputes related to the provision, performance, quality, cancellation, modification or breach of the Contracted Services directly with the Service Provider, which shall be governed exclusively by the terms, conditions, applicable law and jurisdiction set forth by such Service Provider.

Notwithstanding the foregoing, the User and/or Fizupay may seek injunctive relief, urgent measures or any other equitable remedies before any court of competent jurisdiction, when necessary to prevent or avoid an actual or imminent infringement, misappropriation, or violation of copyrights, trademarks, trade secrets, patents or other intellectual property rights.

15. GENERAL PROVISIONS

15.1. INTERPRETATION

These Terms constitute the entire, complete and binding agreement between the User and Fizupay concerning the Payment Service. They shall be interpreted in good faith, in accordance with their economic purpose and the reasonable intent of their provisions. The clauses headings are for reference only and shall not affect the interpretation of their content.

In the event of any conflict or contradiction between these Terms and any policy, notice, operational instruction or communication related to the Payment Service, these Terms shall prevail, unless explicitly stated otherwise.

15.2. SEPARABILITY

If any provision of these Terms is declared invalid, illegal or unenforceable, such provision shall be interpreted or limited to the minimum extent necessary, without affecting the validity and enforceability of the remaining provisions.

15.3. MODIFICATIONS

Fizupay reserves the right to modify, update or replace, in whole or in part, these Terms at any time. Any modifications will become effective upon publication on the website, platform and/or application of the Service Provider or from the date expressly stated.

When modifications substantially affect the User's rights or obligations, Fizupay will make reasonable efforts to notify the User through the contact information provided, including email, notifications via the Service Provider or other communication channels.

The User's continued use of the Payment Service following the effective date of any modifications shall constitute their express acceptance of the updated Terms. If You does not agree with the modifications, You must stop using the Payment Service as of the date such modifications become effective, without prejudice to any obligations previously incurred and still pending fulfillment.

Modifications shall not have retroactive effect with respect to transactions already completed, payments already processed, or services already contracted, except otherwise provided by a mandatory rule of law.

15.4. ASSIGNMENT

The User may not assign, transfer or delegate, in whole or in part, any rights or obligations arising from these Terms without the prior written consent of the Service Provider and Fizupay.

Fizupay may assign, transfer or delegate these Terms, in whole or in part, to affiliated companies, successors or third parties, by providing the User with at least two (2) months prior notice, without constituting a material modification of the User's rights.

15.5. NOTIFICATIONS

Notifications will be sent in writing via the email address provided to Fizupay or through other means defined by the Service Provider.

16. CONTACT INFORMATION

For inquiries related to the Payment Service, you may contact Fizupay via email: customerservice@fizupay.com