Terms & Conditions

Kiuvopay provides the services described below (hereinafter, the "Services" or the "Service") to Merchants (as defined below).

1. Definitions

For the purposes of these General Terms and Conditions of Service, the following terms shall be understood as:

• "Service" or "Services": The payment processing function provided through subcontracting with third parties and/or affiliates of Kiuvopay in various jurisdictions.
• "Software": The digital platform offered by Kiuvopay used by the Merchant to manage the Services and process transactions.
• "Merchant": The individual or legal entity that offers goods and/or services and uses the Software.
• "End User": The Merchant's customer who acquires goods or services through electronic means.
• "Account": The Merchant's virtual account within the Software.
• "Bank Account": The account designated by the Merchant to receive settlements.
• "Payment" or "Payments": Any amount charged or transferred by Kiuvopay on behalf of the End User.
• "Pay-in": Payments received from the sale of goods or services.
• "Payout": Payments requested by the Merchant in favor of the End User.
• "Payment Methods": Cards, bank transfers, digital wallets, or other means enabled by Kiuvopay.

2. Acceptance of Terms

By using the Services, the Merchant accepts these Terms and Conditions. Kiuvopay may suspend or cancel the Services due to legal or contractual non-compliance without any liability. The Merchant declares having legal capacity and sufficient authority to be bound by these Terms.

3. Description of Service

Kiuvopay acts as a payment intermediary, enabling End Users to make Payments to the Merchant. The Merchant will have access to an Account and receives a non-exclusive, revocable, and temporary license to use the Software.

Kiuvopay may:

• Retain applicable commissions, taxes, and charges
• Apply exchange rate charges
• Suspend payments during regulatory or fraud investigations

4. Term and Termination

The Services shall have an initial duration of one (1) year, automatically renewable. The Merchant may cancel with 15 business days' prior written notice. Kiuvopay may retain funds for up to 6 months to resolve disputes, claims, or legal requirements.

5. Fees and Commissions

The Merchant shall pay the agreed fees. Kiuvopay may modify fees with prior notification to the Merchant.

6. Obligations of Kiuvopay

• Process Payments in accordance with these Terms
• Maintain reasonable security standards
• Act in accordance with best industry practices

7. Obligations of the Merchant

The Merchant agrees to:

• Provide truthful and up-to-date information
• Comply with Mexican and international laws
• Implement Anti-Money Laundering (AML/PLD) controls
• Allow audits and reviews
• Not use the Software for illicit activities
• Not perform reverse engineering of the Software

8. Suspension of Service

Kiuvopay may suspend or cancel the Services due to:

• Suspicion of fraud
• Legal non-compliance
• Lack of required licenses
• Material undisclosed changes
• Reputational or regulatory risk

9. Nature of the Service

Kiuvopay is not a party to the commercial relationship between the Merchant and the End User. The Merchant is solely responsible for the goods or services offered.

10. Limitation of Liability

Kiuvopay shall not be liable for:

• Incorrect information provided by the Merchant
• Banking failures
• Delays due to force majeure events
• Disputes between the Merchant and the End User

11. Technological Risks

The Software may be subject to interruptions. The Merchant accepts the inherent risks of using electronic platforms.

12. Refunds

Commissions charged are non-refundable.

13. Modifications

Kiuvopay may modify these Terms with at least 15 calendar days' prior notice.

14. Intellectual Property

All Software, trademarks, and technology are the exclusive property of Kiuvopay. No ownership rights are granted to the Merchant.

15. Confidentiality

Both parties agree to keep confidential all non-public information exchanged between them.

16. Legal Compliance

The Merchant declares compliance with:

• The Federal Law for the Prevention and Identification of Operations with Funds from Illicit Sources
• Anti-corruption legislation
• Applicable financial regulations

17. Personal Data Protection

The Merchant acts as Data Controller. Kiuvopay acts as Data Processor, in accordance with the Federal Law on Protection of Personal Data Held by Private Parties (LFPDPPP).

18. Communications

Notifications will be sent to the email address registered in the Account.

19. Contact

Official support email: operations@kiuvopay.online

20. Indemnification

The Merchant shall indemnify Kiuvopay for any damages arising from legal or contractual breaches.

21. Assignment and Subcontracting

Kiuvopay may subcontract or assign rights to affiliates without the Merchant's authorization.

22. Governing Law and Jurisdiction

These Terms shall be governed by the federal laws of the United Mexican States. The parties submit to the jurisdiction of the competent courts of Mexico City, waiving any other jurisdiction.