TERMS AND CONDITIONS OF USE OF THE PAYPHONE APP

Interpretation

These Terms and Conditions of Use of the PAYPHONE Application (hereinafter "Terms of Use"), effective from the date of electronic acceptance by the user, are agreed upon between ECUAPAYPHONE C.A. (hereinafter "PAYPHONE") and the user, uniquely bound by the acceptance section of this document (hereinafter "User" and/or "User"), establishing the terms and conditions of participation in the mobile application called PAYPHONE. These conditions are available at all times on the PAYPHONE website at the following link: https://product.payphone.app/terms.

ECUAPAYPHONE C.A. is a company incorporated under the laws of the Republic of Ecuador, authorized to provide services to the financial system, in accordance with the provisions contained in the Organic Monetary and Financial Code, and operates primarily through its trade name PAYPHONE.

The User acknowledges and declares that they are authorized to enter into any type of legal act regarding the service that PAYPHONE makes available to them; therefore, they guarantee the truthfulness, accuracy, and completeness of the information provided to access the application.

To use the PAYPHONE application, the User must register and identify themselves by entering their username and password or other authentication mechanism accepted by the specific software of the manufacturer of the User's mobile device. These authentication mechanisms must be kept confidential and secure at all times. These authentication mechanisms authenticate their access, uniquely linking them to the user, as well as any transactions made in the application, as a free expression of their will. PAYPHONE is not responsible for any disclosure, loss, or theft related to unauthorized use of these data.

The User accepts and acknowledges that PAYPHONE assumes no liability or responsibility for any payment made, under any modality, using our technology. They expressly acknowledge that PAYPHONE merely provides the payment platform. Therefore, any transaction managed between two or more parties using the PAYPHONE application is carried out on the platform as an independent third party, which releases PAYPHONE from any relationship with the User(s) and their peers or providers of services and goods.

The User accepts and acknowledges that all payment or withdrawal actions are their sole responsibility. They also accept and acknowledge that the access codes used in the application will be kept under their security and custody and will not be shared with unauthorized third parties. PAYPHONE is not responsible for the misuse of the User's codes.

The User represents and accepts that registering a credit or debit card in the application and its subsequent verification ensures that they are the owner of the card, an additional cardholder, or, if applicable, that they have the cardholder's authorization to register it.

The User expressly authorizes PAYPHONE to collect information regarding the application's usage and usage trends, in order to analyze trends, as well as to guarantee, operate, and improve the products, platforms, and services. Additionally, any information provided regarding the User's use of the PAYPHONE Application will be used (without any recognition or compensation) to measure the quality of service and, if necessary, improve the application to provide the User with greater and improved functionality.

Any updates to which the Terms of Use may be subject may be viewed by the User at the link above and will be notified electronically two days in advance. The User agrees that any transaction in the application implies full understanding of this document and accepts the costs involved in using it, as specified below, as well as all the benefits it entails.

The Terms and Conditions of Use contained in this Agreement (hereinafter "Terms of Use") shall be valid indefinitely, beginning on the date of signature between EcuaPAYPHONE C.A. and the User, and may be terminated early by either party at any time and without liability. In any case, if there is a balance in the User's favor, they must withdraw it through the regular channels established in this Agreement.

By clicking "Accept," the User declares that they have read, understood, and fully accepted this Agreement in its entirety. Therefore, they guarantee that the information and data recorded during the verification and authentication process are true and lawful, exempting PAYPHONE from any liability in this regard.

Object

These General Terms of Use govern the use of PAYPHONE technology. PAYPHONE technology is intended exclusively for USERS residing in ECUADOR, CENTRAL AMERICA, and the UNITED STATES, and eventually in other Latin American countries or other countries around the world where PAYPHONE operates.

By accessing and using this PAYPHONE technology, you ("User") acknowledge that you have read and accepted these General Terms of Use, as well as its Privacy and Data Protection Policies, and agree to comply with all of its terms and conditions. Furthermore, the User acknowledges and accepts that access to and use of this PAYPHONE technology will be subject to the General Terms of Use in effect at the time of access.

    Access and Use:

    Access to the Application, Payment Button, and API is limited to persons over 14 years of age. If the application is used by minors, PAYPHONE reserves the right to request authorization from the parents and/or legal guardians of minors. Generally speaking, the User may access the Application and/or the Website for merchants freely and free of charge. The User acknowledges and accepts that access to and use of the Application and/or Website for merchants is free and conscious, under their sole responsibility. PAYPHONE shall not be liable under any circumstances for the use that the User and/or third parties may make of the Application and/or Website for merchants, nor for any damages that may arise therefrom.

    The USER undertakes to make appropriate and lawful use of the Application, Payment Button, API, and/or Website in accordance with applicable law, these General Terms of Use, generally accepted morality and good customs, and public order.

    The User must refrain from:

    1. Storing cardholder information and other information entered into the PAYPHONE system in any form or medium.

    2. Making unauthorized or fraudulent use of the Application, Payment Button, API, and/or Website.

    3. Accessing or attempting to access restricted resources of the Application and/or Website.

    4. Using the Application, Payment Button, API, and/or Website for purposes or effects that are illicit, illegal, contrary to the provisions of these General Conditions of Use, contrary to good faith and public order, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, or impede the normal use or enjoyment of the Application and/or Website.

    5. Causing damage to the Application and/or Website or to the systems of its providers or third parties.

    PAYPHONE provides the use of the payment button application and transactional API solely and exclusively for commercial purposes. It is strictly prohibited to use it for any purpose other than that for which it was created, as specified and limited herein. Any manipulation, modification, impersonation, abuse, etc., of the application, without PAYPHONE's prior written consent, will result in the deactivation of the application and will also give rise to civil and criminal actions permitted by law. PAYPHONE only provides software license services and at no time processes, clears, or settles transactions or payments.

    The USER's sole responsibility for any improper use of the system, API, payment button, or libraries delivered or enabled in the system will be the USER's sole responsibility. Therefore, the USER hereby waives any right to file any claim against PAYPHONE for improper use of the System or the Credit Cards whose information may be obtained due to the use of developer libraries, if applicable. All of this information will be confidential and must be handled under technical parameters and standards that guarantee confidentiality and financial secrecy. PCI certification is essential to safeguard this information; otherwise, it must be permanently deleted without any records being kept.

    • Contact details (e.g., email, landline, mobile phone, address)
    • Personal characteristics (e.g., gender, marital status)
    • Social circumstances (e.g., housing characteristics, family situation, property ownership)
    • Academic and professional data (e.g., qualifications, job position)
    • Economic and financial data (e.g., credit/debit card number, security code, VAT and income tax declarations, income and expenses, account statements, unique transfer records)
    • Contractual information, such as data derived from contracted products and services
    • Sensitive personal data:
    • Biometric data (e.g., image recordings inside premises or websites, fingerprint capture via mobile apps)
    • Health and sexual preferences (when necessary to provide specific products or services)
    • Geolocation (e.g., location coordinates)
    • Personal habits (e.g., consumption behavior, income and expenses, web behavior)

    User deactivation:

    PAYPHONE reserves the right to take legal action to prevent any violation or breach of these Terms and Conditions.

    PAYPHONE reserves the exclusive right to terminate any User's access to the system for verified violations of rights or non-compliance with these Terms and Conditions.

    PAYPHONE will initiate legal action to sanction anyone who violates or attempts to violate the technological security features incorporated into PAYPHONE, as well as any person or entity that in any way accesses the confidential information of the company and/or its users.

    Services:

    The service provided by PAYPHONE is a technological application that allows the User to connect with any other user of the application and manage a collection or payment processing service. The User accepts and acknowledges that payment made with PAYPHONE does not guarantee any compensation and/or delivery of the goods in question. Therefore, any transaction managed between two or more parties using the PAYPHONE application is carried out on the platform as an independent third party, which releases PAYPHONE from any relationship with the User(s) and its peers or providers of services and goods.

    The use of the PAYPHONE application integrates other services provided by third parties, under its responsibility, such as Externalización de Servicios S.A. EXSERSA, a transactional services company duly qualified to operate as such. Through these services, the User, based on the balance registered in the application, decides whether to use it for payment or withdrawal of said funds, at their convenience.

    The User accepts and acknowledges that all payment or withdrawal actions are their sole responsibility. They also accept and acknowledge that their access codes must be kept private/secret and must not be shared with anyone. PAYPHONE is not responsible for the misuse of the User's passwords.

    The User hereby declares that the destination and origin of the funds recorded or used through the application are lawful and comply with Ecuadorian regulations. All payment responsibility toward the issuing bank of any registered credit or debit card rests solely with the User, which completely releases PAYPHONE from the correct use of the assigned credit limits.

    The User declares and accepts that the registration of a credit or debit card in the application and its subsequent verification confirms that they are the owner of the card, an additional cardholder, or, if applicable, that they have the cardholder's authorization to register it.

    The User expressly authorizes PAYPHONE to collect information regarding the User's use and usage trends of the application, in order to analyze trends, as well as to guarantee, operate, and improve the products, platforms, and services. Additionally, PAYPHONE will use any information provided to it regarding the User's use of the PAYPHONE Application (without any recognition or compensation) to measure the quality of service and, if necessary, improve the application to provide greater and improved functionality to the User.

    Rates and economic agreements:

    The User hereby acknowledges and accepts the fees that apply to the use of the application, as detailed below:

    5% Commission plus VAT per amount received and/or cash-in for all payments made by credit or debit card, or cash recharge ("Commission") (does not apply to transactions between wallets or digital wallets).*

    Each user's Digital Wallet will reflect the amount paid less 5% plus VAT. PAYPHONE will return the total amount reflected in the Digital Wallet to the user upon withdrawal or cash-out, without deducting any additional amount.

    In the case of erroneous credits, the User authorizes PAYPHONE at all times to carry out the respective process, so that the corresponding reversals can be made.

    The final amount will be referred to as the "withdrawal or cash-out amount." The final amount will be paid daily; However, the User acknowledges and accepts that PAYPHONE will have an additional seven (7) days to pay said amount in the event of any complications during the payment process. In this situation, PAYPHONE agrees to notify the User in advance that payment will be made within the additional seven (7) day period.

    Delivery Services: Any amount actually received by the bank where the User decides to receive the money from a withdrawal or cash out remains the sole property of the receiving bank. Therefore, PAYPHONE has no liability, and the collection of said amounts is solely the responsibility of the bank holding the receiving account.

    Taxes and Sale Price: The User is solely responsible for the sale price and tax collection of the goods or services they provide using PAYPHONE as a means of payment/collection of the amounts related to that action. PAYPHONE is not responsible for reporting and paying taxes generated from the sale of goods or services charged through the application; therefore, the User will be solely responsible for determining all applicable taxes. Each Party will be responsible for its own costs and expenses.

    (*) The fee, in this case charged by Externalización de Servicios S.A. EXSERSA, as established in Section 1 of this instrument.

    Transfer of funds abroad:

    In the event that the User requests the transfer of funds abroad, and unless expressly agreed otherwise in writing, PAYPHONE will make the required arrangements under Applicable Law with foreign exchange market intermediaries for the purchase of foreign currency, and will inform the User of the applicable rate on the respective Transactions, who agrees to assume exclusive fiscal and exchange risk and transaction costs. PAYPHONE will provide a copy of the supporting documents for the transaction for the User's due review. All taxes or levies incurred, including the GMF (tax on financial transactions) and/or ISD (tax on the outflow of foreign currency), where applicable, shall be the sole responsibility of the User.

    PCI Certificate Compliance:

    Considering that PAYPHONE is certified under the Payment Card Industry Data Security Standards (“PCI DSS”) procedures and standards, any User, Linked Third Party, or technology partner or provider must align and comply with these standards when storing, processing, or transmitting Cardholder data. The User will not store CVV2 information at any time. PCI DSS information can be found on the PCI Council Website.

    In the event that any Participant or Applicable Law requires the User or a Linked Third Party to certify in accordance with PCI DSS standards, the User authorizes PAYPHONE to provide support through its current AoC (Attestation of Compliance) and to comply with the established responsibility matrix for technical certification in the operation of the Payment Instruments to be processed. Likewise, these third parties grant PAYPHONE their consent to carry out all necessary activities to validate compliance with the standards and guidelines issued by PCI DSS if the PCI DSS certification process so requires.

    In the event of suspicion of unauthorized or illegal use of the PAYPHONE Platform, PAYPHONE may block the Transaction.

    When the User and/or their Affiliated Third Parties store, transmit, and/or process data contained in the Cards, the following provisions shall apply:

    The User shall be responsible for taking the necessary actions to protect and guarantee the confidentiality and integrity of Card Transaction information, especially between their points of sale and their systems, and in all cases, data must be transmitted over secure lines.

    The data contained in the Cards is strictly confidential and proprietary, and therefore the User agrees to safeguard such confidentiality and use it as authorized by the Cardholder, as well as to use it in their relationship with PAYPHONE for the purposes set forth in the Terms and Conditions or the Service Agreement.

    The User agrees to provide truthful, sufficient, and timely information about their entity, its partners or shareholders, its executives, their activity, number of Transactions, or any other information required by the rules of and/or the Brand Owners. In the event that reports are received regarding non-compliance, objections, observations, or recommendations, the User will develop a plan to address them in accordance with the requirements of the Brand Owners.

    In the event that the User's web servers participate in the Card transaction flow, the User agrees to perform a quarterly security scan of said servers using an ASV (Approved Scan Vendor) tool by a certified external entity. The result of each report must be a pass ("PASS").

    The User authorizes PAYPHONE to examine, review, and audit, at the User's expense, compliance with PCI-DSS Standards, either through periodic reviews of the User's and/or its Affiliated Third Parties' documentation and information, visits to its facilities, and inspections of its equipment; responding to questionnaires or other requests for information; and, in general, through other reasonable actions aimed exclusively at the stated objective. Reviews and/or visits may be carried out at any time, on business days and hours, and with at least 48 hours' notice, and may be carried out directly by PAYPHONE personnel or by one or more third parties designated by PAYPHONE.

    In the event that the User detects that the User and/or its Affiliated Third Parties are not fully complying with the PCI-DSS Standards and/or that the security of the data contained in the Cards has been compromised in any way or there is a risk of compromise, the User is obligated to notify PAYPHONE immediately and in writing, indicating the nature of the non-compliance and/or the compromise or risk of compromise, as well as the deadlines and manner in which it will be remedied.

    Failure by the User to comply with one or more of the aforementioned provisions, or in any way where the security of the data contained in the Cards has been compromised or there is a risk of compromise, authorizes PAYPHONE to (i) suspend the operation of the Services for the duration of the breach, and/or (ii) unilaterally terminate the Service Agreement, without liability for PAYPHONE; and obligates the User to reimburse PAYPHONE and/or the Cardholders for any expenses, damages, or losses arising from such breach, including any fines or increased costs or fees that PAYPHONE may assume, whether before the Authorities or the Participants.

    In the case of data contained in the Cards that the User and/or their Linked Third Parties already maintain, the provisions set forth in the preceding provisions will be fully applicable to such data.

    The User shall be obligated to ensure that its Linked Third Parties comply with all of the above provisions applicable to them. The User shall be liable for any non-compliance by its Linked Third Parties and for any damages caused to PAYPHONE, Cardholders, or third parties as a result of such non-compliance.

    If the User (Third Party Agent, aggregator, payment or merchant service provider, or other) hires a third party to store, process, or transmit the information contained in the Cards, the User must define the same security controls required of them and is obligated to inform PAYPHONE that said third party complies with the security measures in accordance with the controls defined in existing industry security standards and definitions required by PAYPHONE for the Services. The report must be sent to the email address protecciondedatos@payphone.app, and any security compliance issues or incidents that may constitute a risk to the security of this information must also be reported.

    Privacy and processing of personal data:

    Aware of the entry into force of the Ecuadorian Organic Law on Data Protection and in accordance with the European Data Protection Regulation (also known as GDPR) throughout the EU, we are committed to not using our Users' data unless we can demonstrate that we have their unequivocal consent to do so (among other requirements). Consent is any manifestation of free, specific, informed, and unequivocal will by which the data subject accepts, either through a statement or a clear affirmative action, the processing of personal data concerning them. In the digital context, this written declaration can be obtained and signed using an electronic signature, a method directly recommended by the GT29 (4. Obtaining explicit consent).

    By means of this document and their signature, the user of our technological platform expressly grants authorization. It is clarified that in accordance with Article 29 of the Regulation on the LOPDP and our internal personal data protection manual, in addition to being unequivocal, consent is free, specific, and informed.

    In compliance with this regulation, we inform Users that their information will be used solely and exclusively for market analysis to improve the functioning of our platform. We will keep your information confidential for up to 10 years, after which we will destroy and securely delete it.

    All information recorded for the purpose of using and accessing products and services through the PAYPHONE application is subject to privacy, as established by the current legal regulations applicable in the Territory. However, the User is responsible for the safekeeping of keys, passwords, and usernames, as well as for ensuring that the software and hardware of the channel through which they access the application are secure.

    PAYPHONE may process the User's personal data, including the security standards described above, for the following purposes:

    I. To identify the User in this application and/or remote services through electronic communication means implemented by PAYPHONE;

    II. Validate and verify your data when the User accesses it from other applications, mobile devices, digital channels, and/or remote services through electronic communication media implemented by PAYPHONE;

    III. Comply with the relationship arising from the prior contracting and/or request and granting (if applicable) of products and/or services with PAYPHONE;

    IV. Implement the necessary measures to comply with current legal regulations to prevent, detect, and eradicate the crimes of money laundering and the financing of crimes, including terrorism, as well as inform the Competent Authorities, including those that, by law or by regulation, require credit or other applicable information;

    V. Conduct statistical analysis (analytics) on the use of this application and/or remote services provided by PAYPHONE, which include all types of channels and electronic communication media, through telematic networks, for the purpose of completing and submitting a credit application. This may include text messages (SMS), mobile internet, the PAYPHONE website, access to products and/or services, among others implemented;

    VI. Maximize security in the use of PAYPHONE channels or applications and/or products and services through these means, analyzing possible fraud or identity theft. Data, patterns, and other data collected by PAYPHONE in the future will be retained for the period provided by the applicable legal regulations in force.

    Third-Party Data Processing: The personal data of third parties that PAYPHONE receives from the User for access and use of its application will be processed solely and exclusively for such purposes and will not be disclosed to third parties, except in cases where the nature of the service necessarily implies such disclosure, or by order of a legally authorized authority, which will be limited to the stated purpose. PAYPHONE will maintain confidentiality regarding said data and apply the legally required security measures.

    Therefore, and through this Agreement, the User expressly accepts and declares:

    (1) That all information provided to PAYPHONE is true and accurate;

    (2) That the User has been previously informed, read, and accepted the terms and conditions, including the applicable fees and commissions. Any modification will be notified electronically 30 days in advance, and its use will imply acceptance by the User;

    (3) PAYPHONE may sue for breach of obligations contracted by the User through the application, by submitting this instrument, which is electronic and constitutes full evidence for any legal proceedings, with formal and express acknowledgment by the User of the existence of the obligation to give, do, or refrain from doing, as established herein.

    (4) PAYPHONE may sue for breach of obligations contracted by the User through the application, by submitting this instrument, which is electronic and constitutes full evidence for any legal proceedings, with formal and express acknowledgment by the User of the existence of the obligation to give, do, or refrain from doing, as established herein. If you have any questions or require additional information, please contact our personal data protection officer. Contact should be made by email at protecciondedatos@payphone.app.

    Intellectual property:

    If you wish to completely close your PAYPHONE account, please contact us using your registered email address. We may retain information about you in our databases for as long as your account is active or as needed to provide you services and in accordance with applicable laws. Our retention and use of your information will be as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. The retention period may extend beyond the end of your relationship with us, but will only be necessary as long as we have sufficient information to address any issues that may arise later. For example, we may need or be required to retain certain information to prevent fraudulent activity, protect us from liability, allow us to pursue available remedies, or limit any damages we may sustain, or if we believe in good faith that a law, regulation, rule, or guideline requires it.

    PAYPHONE obtains the information you provide when you download and register for the app. To use some of the Services or access certain content, you will be required to provide certain personal information in advance, which will only be used for the purpose for which it was collected. When you register with us and use the Application, you will generally be required to provide (a) your name, email address, age, username, password, and other registration information, (b) transaction-related information, (c) information you provide when contacting us for support, (d) credit card or bank information for purchasing and using the Application, and (e) information you enter into our system when using the Application, such as contact information and project management information.

    It also authorizes access to (a) the location of the device, (b) the device's camera, (c) reading the device's status, (e) access to the device's contacts directory, (f) writing to the device's internal storage disk, (g) access to the network and internet status, access to the status of the device's bar and fingerprint reader, the device's vibration motor and flashlight, (h) access and interaction through pop-up windows, interaction between users, (i) reading of services, (j) use of maps and Wi-Fi.

    Chargeback Policy:

    The user and the merchant agree that PAYPHONE GLOBAL INC. acts as an intermediary between the payer and the recipient of the goods or services and assumes no direct responsibility for chargebacks, bank alerts, claims, or suspected fraud. In the event of a chargeback, the user or merchant must provide sufficient evidence demonstrating the legitimacy of the transaction. Failure to do so within the stipulated timeframe will result in the chargeback amount being debited from future transactions. Infrastructure, connectivity, or any other costs necessary to ensure the software's operation will be the buyer's responsibility.

    Disclaimer:

    PAYPHONE GLOBAL INC. will not be responsible for chargebacks or claims resulting from fraudulent transactions, errors in the delivery of services or products, or misuse of the platform. Registered users and merchants assume full responsibility for any disputes arising from their transactions, including those related to chargebacks, fraud claims, or disputes that arise up to 365 days after the original transaction.

    For more information, please refer to our Chargeback Policies, available on our website and app. Remember that these are an integral part of the service contracts with all types of merchants, users, and customers.

    Limitation of liability:

    PAYPHONE does not guarantee the availability and continued operation of the Application and/or Website. For this purpose, it will be subject to the provisions of its Service Level Agreement (SLA). Consequently, PAYPHONE will not be liable under any circumstances for any damages that may arise from:

    · The lack of availability or accessibility to the Application and/or Website,

    · Interruption in the operation of the Application and/or Website or computer failures, telephone breakdowns, disconnections, delays, or blockages caused by deficiencies or overloads in telephone lines, data centers, the Internet system, or other electronic systems, occurring during their operation, and

    · Other damages that may be caused by third parties through unauthorized intrusions beyond PAYPHONE's control.

    By signing these General Terms of Use, you declare that you will hold PAYPHONE, its parent company, directors, partners, employees, attorneys, and agents harmless from any claim arising from:

    · Breach by the User of any provision of these General Terms of Use or any applicable law or regulation,· Breach of the permitted use of the Application and/or Website, and

    · Any damages suffered by you or any third party that may arise from the direct or indirect use of the PAYPHONE application. Under no circumstances will PAYPHONE be liable for any damages, whether indirect or consequential, including but not limited to damages for loss of profits, loss of data and information, business interruption, or any other commercial damages or losses, arising from the use or inability to use the PAYPHONE application and/or the remote services developed and implemented, for any reason.

    Responsabilidades y prohibiciones en el uso del aplicativo:

    The User agrees to make appropriate and lawful use of the PAYPHONE application and expressly, but not limited to, the following:

    · Not to make any kind of use of the PAYPHONE application available to third parties, free of charge or for a fee, unless expressly authorized in writing by EcuaPAYPHONE C.A.

    · Not to use the PAYPHONE application for illegal purposes or for illicit activities.

    · Not to manipulate, scan, or test the vulnerability of any system or network, or to breach or circumvent security or authentication measures.

    · Not to falsify, manipulate, or alter any header information in any email or post, or in any way use the PAYPHONE application to send altered, deceptive, or false information.

    Interrupting any user's access, including sending viruses, spam, or similar to the PAYPHONE application, or encrypting knowledge in such a way that interferes with the proper use of the PAYPHONE application.

    The User shall refrain from using the PAYPHONE application in a manner contrary to good faith and current legislation.

    Right of audit:

    PAYPHONE reserves the right to conduct audits of the User, either directly with its personnel or through independent auditors selected by PAYPHONE and/or the Authority, who may access the User's facilities, personnel, and relevant information and records to verify the User's compliance.

    In these audits, all information related to the Service Agreement, the rules of the Brand Owners, and Applicable Law may be reviewed, especially, but not limited to, those related to AML/CFT.

    The Due Diligence procedure to be performed may be carried out on the Linked Third Parties; on the KYC procedure to be performed on the Linked Third Parties; and on the User's risk and fraud prevention processes.

    Autorización de consulta y reporte:

    In compliance with Applicable Law, the User expressly and irrevocably authorizes PAYPHONE to consult and report to any credit information bureau, or information source or risk center, all information related to their credit behavior, management of bank accounts, credit cards, and, in general, any type of information related to the fulfillment or status of their obligations, assets, liabilities, and especially the existence of outstanding debts, or the improper use of the Services. The foregoing implies that the fulfillment or non-fulfillment of their obligations will be reflected in the aforementioned databases, which fully record all data related to their behavior in the financial sector. By virtue of this authorization, PAYPHONE, its administrators, representatives, officers, and/or employees are expressly authorized to use the consulted information for the purpose of analyzing potential credit risks, as well as to use, transfer, or deliver said information to the Authorities. The information reflecting the User's noncompliance will depend on the time at which payment is made for the overdue obligations, taking into account the expiration periods established for this purpose.

    Additionally, the User authorizes PAYPHONE to collect, store, and use their data collected in connection with the Service Contract and/or the execution of the Services, for the purpose of sending communications, inviting them to meetings, training sessions, monitoring the provision of the Services, conducting inspections or audits associated with the execution of the Service Contract, performing measurements, queries, control, and/or analysis, responding to requests, complaints, and claims and/or possible follow-up on cases, issuing invitations to contract, conducting onboarding processes, and/or sending information to Participants.

    Notwithstanding the foregoing, the User declares that, as the data subject, they have the right to know, update, and rectify their data, request proof of the time of delivery and the authorization granted for its processing, and to be informed about the use to which it has been put. Submit any complaints that may be appropriate under the Applicable Law to the Authorities, revoke authorization and/or request the deletion of your data where appropriate, as well as access them free of charge.

    Advertising and marketing:

    The User authorizes PAYPHONE to identify them as its Client by any means, and to use the User's trademarks, domain names, name, or company name. Additionally, the User authorizes the use of their company information and logo in any success story developed jointly with PAYPHONE, which will be notified in advance by the User's Communications team.

    Special statement:

    The User expressly declares that the individuals assigned to fulfill the purposes of this Agreement are under their employment, and therefore assumes the responsibilities for them established by the Labor Code and other regulations regarding labor obligations, social security, occupational health and safety, and any other obligations that may arise from current legal regulations. Consequently, PAYPHONE assumes no labor or social security responsibilities for the individuals assigned by the User.

    The parties expressly state that labor dependency and liability, social security, compliance with occupational health and safety regulations, as well as all benefits owed to workers and/or employees and/or resources assigned to fulfill the purpose of this contract are and will be the sole responsibility of the User, even in cases declared as mere joint and several liability. Therefore, in the event that a claim is filed by one or more employees and/or workers that directly or indirectly affects PAYPHONE, the User is obligated to assume the full defense of said claim at their own expense and must also reimburse any amounts PAYPHONE may have incurred in carrying out its own defense when the User has not acted in a timely manner to undertake such defense.

    The User must assume the full payment of any compensation and/or penalties ordered to be paid, whether by final judgment, settlement agreement, or any other similar form.

    Prevention of the crime of money laundering:

    Commitment to Anti-Money Laundering: PAYPHONE is committed to preventing the use of its platform for illicit activities, including, but not limited to, money laundering and terrorist financing. To this end, PAYPHONE implements and maintains a comprehensive action plan that includes Know Your User (KYC) procedures and strict security protocols.

    KYC Policy: PAYPHONE employs comprehensive KYC procedures to verify the identity of its users. This includes the collection and verification of personal information such as name, address, date of birth, official identification documents, and any other information PAYPHONE deems necessary to comply with applicable laws and regulations.

    Security Protocols: PAYPHONE uses the highest security standards to protect user information and ensure the integrity of their transactions. This includes the use of advanced encryption technologies, continuous monitoring systems, and regular audits to identify and mitigate potential money laundering risks.

    Monitoring and Reporting of Suspicious Activities: PAYPHONE continuously monitors transactions made through its platform to detect suspicious activity. Any activity deemed suspicious will be thoroughly investigated and, if necessary, reported to the competent authorities in accordance with applicable laws regarding the prevention of money laundering and terrorist financing.

    Collaboration with Authorities: PAYPHONE is committed to fully cooperating with regulatory and law enforcement authorities in the fight against money laundering. This includes providing information and documents that may be requested by such authorities in the course of their investigations.

    Education and Training: PAYPHONE provides ongoing training to its employees on the importance of money laundering prevention, KYC policies, and security protocols, ensuring that all staff are adequately informed and equipped to identify and manage potential risks.

    Consequences of Non-Compliance: Any user found to be engaging in money laundering-related activities will be immediately suspended or terminated from the platform, and PAYPHONE will take all necessary legal measures to protect its integrity and regulatory compliance.

    By accepting these Terms and Conditions, the User acknowledges and accepts the procedures and policies implemented by PAYPHONE for the prevention of money laundering and agrees to comply with all reasonable requests for information and documentation that PAYPHONE may require under these procedures.

    Anti-corruption:

    By signing this document, the User: a) declares that its legal representatives, agents, directors, and employees comply with current regulations regarding anti-corruption, illicit enrichment, and the prevention of money laundering; b) declares that its legal representatives, agents, directors, and employees do not incur or accept bribes or kickbacks, either for its own benefit or in favor of third parties; c) declares that it has an accounting system that allows for the clear and direct identification of all payments, contributions, gifts, representation expenses, hospitality expenses, donations, contributions, and other similar contributions made to non-profit entities, private entities, public entities, unions, among others, and that it has the corresponding documentary support; d) undertakes that its legal representatives, agents, directors, and employees comply with current regulations and rules regarding the fight against corruption; e) undertakes that its legal representatives, agents, directors, and employees will not accept or pay bribes, kickbacks, or large gifts, either for its own benefit or for the benefit of third parties.

    In the event that PAYPHONE determines or becomes aware that, during the term of this agreement, the User has breached the obligations stipulated in this clause and/or there is a reasonable suspicion that the User has participated in acts of corruption, PAYPHONE may unilaterally and early terminate the agreement. In this case, the User waives any right to file any claim against PAYPHONE, and also releases the User from any outstanding obligations or potential right to request compensation resulting from the early termination of this Agreement.

    Applicable law and disputes:

    This agreement and the relationship between the User and PAYPHONE are subject to the laws of Ecuador. For the purposes of any dispute, the parties expressly waive jurisdiction and domicile and agree to submit to the competent courts of the city of Quito, Province of Pichincha (Republic of Ecuador), and to the corresponding procedure in accordance with applicable regulations.

    In the event that PAYPHONE determines or becomes aware that, during the term of this agreement, the User has breached the obligations stipulated in this clause and/or there is a reasonable suspicion that the User has participated in acts of corruption, PAYPHONE may terminate the agreement unilaterally and early. In this case, the User waives any claim against PAYPHONE, and also releases the User from any outstanding obligations or potential right to seek compensation resulting from the early termination of this Agreement.

    Aceptación y ratificación:

    The User, upon completing the registration and accepting the terms and conditions, declares to have read, understood and accepted the entire content of this instrument, also recognizing that he/she is bound by its terms and conditions. Likewise, the user accepts and ratifies his/her obligation and responsibility to comply with all legal regulations of the Republic of Ecuador, which apply to the access and use of the PAYPHONE application and functions.

    Políticas Internas Empresariales de Contracargos de PAYPHONE GLOBAL INC.

    Introduction:

    At PAYPHONE GLOBAL INC., we understand a chargeback as a debit made to a merchant for a transaction that had already been paid. This occurs because the transaction, for some reason, was disputed by the issuing bank or the cardholder.

    Definition and Scope:

    PAYPHONE is a payment gateway that acts as an intermediary between the payer of goods or services and the recipient. Our responsibility is to facilitate secure and effective transactions. However, when chargebacks, bank alerts, or fraud claims arise, we act in accordance with Ecuadorian law and the internal policies of each bank or financial institution with which we work.

    Procedure for Chargebacks, Bank Alerts, and Fraud Claims

    Identification of Abnormal Behaviors:

    If chargebacks, bank alerts, fraud claims, or suspected fraud are detected during the review of one or more users' transactions, where anomalous payment behavior is identified in all types of transactions via payment links, payment buttons, QR codes, TAPs, and even transactions generated between wallets or with wallet balances, PAYPHONE reserves the right to block the user and temporarily restrict the balance from a withdrawal/cash out, as well as the available balance in the PAYPHONE app or in the PAYPHONE BUSINESS system.

    PAYPHONE will request backups to ensure the authenticity of the transaction and the ownership of the cards used. These backups will be shared with the issuing bank, in accordance with current data protection laws, for review with the cardholder.

    Review and Response of the Issuing Bank:

    The review will only be completed once authorization from the issuing bank is obtained. If the issuing bank rejects the endorsements, the corresponding amount will be debited from the final recipient or even their related parties to resolve the chargeback or suspected fraud. These amounts will be returned directly to the cardholder; therefore, PAYPHONE will not have access to them.

    Return of Securities:

    If the issuing bank rejects the endorsements, the final recipient or their related parties will be debited for the corresponding amount. These amounts will be returned directly to the cardholder.

    Claims Resolution:

    In the event of a claim for these amounts, it must be resolved between the PAYPHONE recipient or the PAYPHONE BUSINESS recipient and their customer.

    The recipient agrees and undertakes not to file any administrative, judicial, or extrajudicial claim against PAYPHONE for this matter.

    In the event that a judicial or administrative authority rules or orders that PAYPHONE is liable to a cardholder, the affiliate must indemnify PAYPHONE for any damages.

    Evidence Required to Support Transactions: To demonstrate the legitimacy of a transaction and avoid chargebacks, the recipient must provide appropriate evidence as appropriate:

    • Buyer Identification: Full name of the buyer. Product or Service Description: Detailed information about the product or service purchased.

    • Delivery Documentation: Signed delivery note, corroborating that the product or service was provided and delivered to the buyer.

    • Buyer Approval: A letter in PDF format with the cardholder's signature expressly accepting payment for the service or product.

    • Evidence of Service or Product Provision: Contracts, invoices, sales notes, shipping guides, emails, chat captures, updated RUC certificate, among others.

    Proof of Identity of the Registered User: A selfie showing the front of the ID card to the camera, ensuring that the face and ID are clearly visible.

    • Proof of Identity of the Credit or Debit Card Owner: A selfie of the cardholder, showing the front of their ID card to the camera.

    • Card Statement: Statement of the credit or debit card used in the transaction, issued by the issuing bank.

    • Confirmation of Consumption: Notification from the card-issuing bank confirming the transaction, sent by email.

    Consumer Voucher: Voucher issued by PAYPHONE and sent by email.

    • Relationship with Cardholder: Letter in PDF format explaining the relationship with the cardholder, with the cardholder's signature accepting payment for the detailed transaction.

    User and Business Responsibilities

    Assumption of Responsibility:

    If the recipient or their affiliates fail to provide evidence of the transaction within the time period stipulated by PAYPHONE, they will be deemed to have accepted the chargeback amount and will be debited from their future transactions, or recovery processes may even be initiated to settle the claimed amount.

    The user and merchant will immediately notify PAYPHONE of any leak or exposure of sensitive information or data caused by cyberattacks or errors in the processing of the affiliate's information.

    PAYPHONE Disclaimer:

    PAYPHONE will not be liable for chargebacks, bank alerts, fraud claims, or suspected fraud made with credit/debit cards or direct payments using the available PAYPHONE balance.

    It is the recipient's obligation and responsibility to prove that they delivered their service or product and to support it with evidence, as appropriate.

    The registered user and merchant will be responsible for any amounts, fines, controversies, and disputes arising from the transactions and will hold PAYPHONE harmless:

    • For accepted transactions that are suspected, have a chargeback, or have been reported as fraudulent by the card issuer, even up to 365 days after the original transaction.

    • For non-delivery or the provision of unsatisfactory services to its consumers and/or cardholders and/or customers.

    • For human errors that occur in the use of PAYPHONE tools, such as double charges or charges that are lower or higher than the user or merchant intended.

    Acceptance of Policies:

    I declare that I have read and understood PAYPHONE GLOBAL INC.'s internal chargeback policies and agree to abide by them, acting in accordance with the laws of Ecuador and the internal policies of each bank or financial institution with which we work.