UffPay SA User Terms and Conditions

1. Introduction

These User Terms and Conditions (hereinafter referred to as "Terms") constitute a legally binding agreement between you (hereinafter referred to as "User" or "you") and UffPay S.A. ("UffPay", "we", "us" or "the Company"), an independent company registered in Guatemala and a subsidiary of UffPay Tech Inc., under the applicable laws of the Republic of Guatemala. By accessing or using the UffPay mobile application ("the App") and the services provided through it, you agree that you have read, understood and agreed to abide by these Terms, which are mandatory and govern your use of the App and UffPay services.

The use of UffPay's services is subject to full and unreserved acceptance of the provisions contained herein, as well as any updates or modifications that may be introduced by the Company from time to time, in accordance with the regulations in force in Guatemala, including, but not limited to, the laws on electronic commerce and protection of personal data (Decree No. 47-2008, Law for the Recognition of Electronic Communications and Signatures, and Decree No. 57-2008, Law on Access to Public Information). These modifications will be notified in a timely manner through the Application or by registered email, and your continued use of the Application will constitute tacit acceptance of them.

By using the Application and our services, you represent and warrant that you are of legal age (18 years of age or older) and have the full legal capacity to accept these Terms and assume the obligations arising from them. You also agree to provide truthful and up-to-date information during the process of registering and using the Application. If you do not agree with any part of them or if you do not comply with the applicable legal requirements, you must refrain from using our services and proceed to close your account immediately. UffPay reserves the right to suspend or terminate access to the Application in the event of non-compliance with these Terms, in accordance with the provisions of Decree No. 006-2003, Consumer and User Protection Law, always guaranteeing due process and the User's right of defense.

The main purpose of these Terms is to ensure a transparent, secure and efficient interaction between UffPay and its Users, clearly setting out the rights and obligations of both parties. These Terms cover crucial aspects such as registration and use of the Application, processing of transactions in both Guatemala and the United States, device protection, customer support, transaction policy, risks associated with the use of the service, accepted currencies, applicable fees, intellectual property, and dispute resolution mechanisms.

It is important to note that UffPay operates in strict compliance with applicable laws and regulations in Guatemala, including but not limited to banking, anti-money laundering and terrorist financing, and consumer protection regulations. Likewise, being a subsidiary of UffPay Tech Inc., a U.S. company, it also adheres to international standards of security and quality in the provision of digital financial services.

Acceptance of these Terms implies a mutual commitment between UffPay and the User to maintain the integrity and security of the digital financial ecosystem we offer. Therefore, we urge all Users to read this document carefully and to contact our support team if they have any questions or require additional clarifications.

2. About UffPay SA

UffPay S.A. is an independent company duly incorporated and registered in the Republic of Guatemala, with its principal place of business at Fraijanes 00, carretera a El Salvador, lote 1-16, zona 0, Fraijanes, Guatemala. The company is part of an international group, being a wholly-owned subsidiary of UffPay Tech Inc., a corporation incorporated in the United States, whose headquarters are located at 3208 E Colonial Drive, Suite 150, Orlando, FL, 32803. The relationship between the two entities allows UffPay S.A. to leverage the expertise and technology developed by its parent company, UffPay Tech Inc., to offer innovative financial solutions in Guatemala, focusing primarily on money transfer and digital financial services.

As part of its operation, UffPay S.A. strictly complies with all applicable laws and regulations in Guatemala, including those related to the protection of personal data, e-commerce legislation and consumer protection regulations. In this sense, the company guarantees that its services are aligned with Decree No. 57-2008 on the protection of personal data and the e-commerce regulations established in Decree No. 47-2008, among other relevant regulations.

UffPay S.A.'s local operations are carried out in partnership with NeoNet, a Visa-authorized payment processor in Guatemala, which guarantees security and speed in financial transactions carried out by users in the country. This collaboration ensures that the processes of sending funds and other financial transactions comply with the highest international security standards, offering an efficient and reliable service.

3. Registration and Use of the Application

3.1 Registration Process

To use UffPay's services, you must register with the App by providing accurate, complete, and up-to-date information. The registration process includes, but is not limited to, providing your full name, valid identification number (DPI for Guatemalan citizens or passport for foreigners), residence address, phone number, and email address. You are responsible for maintaining the confidentiality of your account and password, as well as for all activities that occur under your account. You agree to immediately notify UffPay of any unauthorized use of your account or any other breach of security.

3.2 User Statements

By registering, you represent and warrant that:

You are at least 18 years old. UffPay reserves the right to request additional documentation to verify your age.
You have full legal capacity to accept these Terms and enter into binding contracts under Guatemalan law.
You will use the Application in compliance with these Terms and all applicable laws, including but not limited to Guatemala's anti-money laundering, terrorist financing, and consumer protection laws.
All information provided during the registration process is truthful, accurate and complete, and you agree to keep it up to date at all times.
You will not use the Application for any unlawful, fraudulent or unauthorized purpose.
You will not attempt to access the Application using automated methods (such as robots, spiders, or scraping).
You will not interfere with or disrupt the operation of the Application or the servers or networks connected to the Application.

3.3 Rejection or Termination of Accounts

UffPay reserves the right to refuse registration or cancel an account in its sole discretion, without the need for justification. Notwithstanding the foregoing, some reasons for rejection or termination of an account may include, but are not limited to:

Suspected fraudulent or illegal activity.
Breach of these Terms or any UffPay policy.
Providing false or misleading information during the registration process.
Use of the App in a manner that may cause harm to UffPay, other users, or third parties.
Prolonged account inactivity.

3.4 Security Measures

UffPay implements robust security measures to protect user information and prevent unauthorized access. These measures include, but are not limited to, data encryption, two-factor authentication, and continuous monitoring of suspicious activity. However, you acknowledge that no system is completely secure and you agree to use the Application at your own risk.

3.5 App Updates

UffPay may, from time to time, update or modify the App to improve its functionality or security. You agree that these updates may be necessary to continue using the Application and agree to install the updates when they become available.

3.6 Limited License

Use of the App is subject to a limited, non-exclusive, non-transferable license. You may not sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit the Application or its content.

3.7 Suspension of Service

UffPay reserves the right to suspend or limit access to the Application in the event of detecting suspicious activity or for system maintenance reasons, notifying the user where possible and appropriate.

4. Processing Operations

4.1 Operations in Guatemala

In Guatemala, all financial transactions conducted through the UffPay platform are handled exclusively through NeoNet, a local payment processor that has been approved by Visa and is part of the international VisaNet network. NeoNet not only complies with global financial security standards, such as PCI DSS (Payment Card Industry Data Security Standard) regulations, but also ensures compliance with all applicable national regulations in Guatemala. These regulations include laws related to the prevention of money laundering and terrorist financing, as well as regulations issued by the country's financial institutions.

NeoNet is in charge of ensuring that all transactions made in Guatemala are processed quickly and efficiently, offering users a safe and reliable experience. To do this, it implements advanced technologies such as end-to-end encryption, multi-factor authentication, and continuous monitoring of suspicious activity, which protects the integrity of each transaction and safeguards sensitive user data. NeoNet also complies with the auditing and financial supervision requirements imposed by local authorities, ensuring transparency and operational security in all transactions processed through the UffPay network.

4.2 Operations in the United States

Financial transactions that take place within the United States are independently managed through a Visa-certified payment processor. This payment processor has been strategically selected to ensure that all transactions comply with the highest security standards and legal regulations in force in the United States. These regulations include the California Consumer Privacy Act (CCPA) and the Gramm-Leach-Bliley Act (GLBA), which set strict requirements on the protection of personal and financial data.

Our parent company, UffPay Tech Inc., is responsible for overseeing all operations conducted in the United States. UffPay Tech Inc. ensures that every transaction is processed smoothly, securely, and in full compliance with federal and state laws. The payment processor used in the United States employs advanced security measures, such as data encryption, user authentication protocols, and proactive fraud monitoring, ensuring that transactions are carried out without interruption or risk to users.

4.3 U.S.-Guatemala Cross-Border Transactions

For transactions involving funds transfers between the United States and Guatemala, UffPay has designed a robust process that ensures maximum security and efficiency. Cross-border transactions are conducted through an integrated mechanism between the U.S. payment processor and NeoNet in Guatemala.

This process includes the following stages:

Transaction Initiation: The user in the United States initiates a transaction from the UffPay mobile app. The payment processor in the United States ensures compliance with local regulations, including Know Your Customer (KYC) and Anti-Money Laundering (AML) laws.
Funds Transfer: Once the transaction is validated and approved, funds are securely transferred from the user's bank account in the United States to a designated bank account in Guatemala, managed by UffPay SA. This process is done using protected wire transfers, ensuring that there are no interruptions or undue delays.
Local Distribution: UffPay SA, upon receiving the funds in Guatemala, is responsible for the distribution of these to the final recipient through the UffPay platform. Users in Guatemala can receive funds directly into their UffPay accounts and have options to transfer the funds to their local bank accounts, pay for services, or conduct other financial transactions through the app.

5. Device Protection

5.1 User's Responsibility

You, as a user, have primary responsibility for maintaining the security of your mobile device and protecting your UffPay account login information. This includes, but is not limited to, the proper use of your device, ensuring that it is not accessed by unauthorized persons. The confidentiality of your login credentials, such as your username, passwords, and any other authentication methods provided by UffPay, is essential to prevent improper access to your account. Any breach of device security resulting in unauthorized access to your account will be considered your sole responsibility.

5.2 Safety Recommendations

UffPay strongly recommends that all users adopt robust security practices to protect their mobile devices. These practices include, but are not limited to:

Strong passwords: Use complex passwords that combine letters, numbers, and special characters, and avoid using easy-to-guess combinations, such as birth dates or familiar names.
PIN or unlock patterns: Activate a PIN code or unlock pattern to access your device and the UffPay app.
Biometric recognition: Where possible, enable biometric recognition systems, such as fingerprints or facial recognition, to add an extra layer of security.
Two-step authentication (2FA): Turn on two-factor authentication, if available, to ensure that any attempt to access your account requires not only your password, but also an additional code generated in real-time.

In addition, it is suggested to keep your operating system and applications up to date, since software updates often include security enhancements that protect against known vulnerabilities.

5.3 UffPay's Exclusion of Liability

UffPay strives to implement all possible security measures in its systems and mobile app. However, the ultimate security of your account also depends on the measures you take on your device. In this regard, UffPay will not be liable for any loss, damage or injury arising from unauthorised access to your account due to negligence in taking appropriate security measures on your mobile device. This includes, but is not limited to, situations where the device is unprotected, without passwords, with credentials stored unprotected, or any other minimum security measures not implemented by the user.

5.4 Protection against external threats

UffPay recommends that you take extra precautions to protect yourself against external threats, such as malware, spyware and phishing, that could compromise your mobile device and, therefore, your UffPay account. These measures include:

Installing security software: Use reliable antivirus and anti-malware apps on your mobile device to detect and remove any malicious software that may compromise the security of your information.
Avoid public Wi-Fi networks: Avoid accessing your UffPay account from public or unsecured Wi-Fi networks, as these may be vulnerable to attacks that intercept transmitted information.
Downloading from trusted apps: Only download apps from official sources such as the Google Play Store or App Store, and avoid installing apps from unverified sources that may contain malicious software.

By following these recommendations, you help protect both your device and your UffPay account, ensuring that transactions and use of the services are conducted securely.

6. Customer Support

6.1 Contact Channels

For any queries, issues, or assistance related to UffPay services, you can contact our customer support team through the following channels:

Email: support@uffpay.com
Live chat: Available in the UffPay app Monday through Friday, 8:00 a.m. to 8:00 p.m. (Guatemala time).

6.2 Response Times

We strive to respond to all inquiries within 72 business hours. For urgent or account security-related cases, our target response time is 24 hours.

6.3 Customer Service Process

Upon receipt of your inquiry, you will be assigned a unique ticket number for tracking.
Our support team will analyze your case and, if necessary, escalate it to the appropriate department.
You will be kept informed about the progress of your application through the contact method you have chosen.
Once your case is resolved, we will ask for your feedback to continually improve our service.

6.4 Types of Assistance Provided

Technical problems with the application.
Transaction Inquiries.
Assistance with account registration and verification.
Reports of suspicious or unauthorized activity.
General information about products and services.

6.5 Quality Commitment

UffPay is committed to providing high-quality customer service. Our support agents receive ongoing training to ensure they can assist you efficiently and professionally.

7. Transaction Policy

7.1 Final Transactions

All transactions processed through UffPay are considered final once executed. This means that, once a transaction has been completed, it cannot be reversed, canceled, or modified. This policy applies to:

Transfers between UffPay accounts.
Payments to affiliated merchants.
Withdrawals to bank accounts.
Balance loads to the UffPay account.

7.2 Irrevocable Transactions

The User acknowledges and agrees that, due to the nature of the services provided by UffPay, all transactions are irrevocable and non-refundable, except in exceptional circumstances determined by UffPay or required by applicable law. These exceptional circumstances may include:

Verifiable technical error by UffPay.
Confirmed fraudulent transactions.
Breach of the terms of service by the receiving merchant.

7.3 Withholding or Cancellation of Transactions

UffPay reserves the right to withhold, cancel, or reverse any transaction suspected to be related to fraudulent, illegal, or otherwise violating these Terms. This includes, but is not limited to:

Transactions that violate anti-money laundering laws.
Transactions related to prohibited activities (e.g., illegal gambling, sale of illicit goods).
Transactions that exceed the limits set for the user's account.

7.4 Transaction Dispute Process

In the event that a user believes that a transaction was made by mistake or fraudulently, they must follow the following process:

Notify UffPay within 24 hours of the transaction.
Provide all information and documentation requested by UffPay to investigate the case.
Cooperate fully with the investigation, which may include filing a complaint with the competent authorities.

7.5 Transaction Limits

UffPay sets transaction limits to ensure account security and comply with applicable regulations. These limits may vary depending on the level of account verification and the user's history.

7.6 Transaction Monitoring

UffPay uses automated transaction monitoring systems to detect unusual or suspicious activity. If such activity is detected, UffPay may:

Request additional information from the user.
Temporarily withhold the funds involved.
Suspend the user's account while an investigation is being conducted.

7.7 User's Responsibility

The user is responsible for carefully verifying the details of each transaction before confirming it. UffPay is not responsible for errors made by the user when entering transaction information.

7.8 Transaction Notifications

UffPay will send notifications to the user for each transaction made on their account. It is the user's responsibility to review these notices and report any discrepancies promptly.

By using UffPay's services, you agree to comply with this Transaction Policy and acknowledge the importance of security and integrity in all financial transactions conducted through the platform.

8. Associated Risks

The User acknowledges and agrees that the use of the UffPay services involves certain inherent risks, including, but not limited to:

8.1 Risk of Financial Loss

Due to errors in the entry of transaction data:

The User is responsible for carefully verifying all information before confirming a transaction.
UffPay implements security measures, such as two-factor confirmations, to mitigate this risk.
The User is advised to use the "frequent contacts" function to reduce typing errors.

8.2 Risk of Unauthorized Access

If your mobile device is lost or stolen:

The User must activate the device's security features, such as fingerprint lock or facial recognition.
UffPay offers the option of biometric authentication within the app as an additional layer of security.
It is recommended that you do not store passwords or PINs on your device.

8.3 Risk of Exchange Rate Fluctuations

What can affect the value of international transactions:

UffPay provides real-time information on exchange rates before each transaction.

8.4 Risk of Service Interruption

Or technical failures that may affect the execution of transactions:

UffPay maintains backup systems and business continuity plans.
Users will be notified of any scheduled maintenance that may affect the service.
In the event of a technical failure, UffPay undertakes to resolve the situation in the shortest possible time and to keep Users informed.

8.5 Risk of Regulatory Changes

That may affect the availability or functionality of UffPay services:

UffPay is staying up-to-date on regulatory changes in Guatemala and the United States.
The company is committed to adapting its services to comply with new regulations in the shortest possible time.
Users will be notified of any significant changes to the services due to new regulations.

8.6 Risk of Cyberattacks

Or security breaches that may compromise the User's personal or financial information:

UffPay implements bank-grade security protocols, including data encryption and advanced firewalls.
Regular security audits are carried out by independent third parties.
UffPay has a security incident response team available 24/7.

8.7 Risk of Fraud

Or third-party scams impersonating UffPay:

UffPay will never ask for sensitive information via email or text message.
Users are advised to always verify the authenticity of UffPay communications.
UffPay provides educational resources on how to identify and prevent financial fraud.

The User assumes full responsibility for these risks when using the UffPay services. However, UffPay is committed to implementing and maintaining robust security measures, as well as providing information and tools to help Users mitigate these risks.

9. Accepted Currencies and Foreign Exchange Risk

9.1 Available Currencies

UffPay allows transactions in U.S. dollars (USD) and Guatemalan quetzals (GTQ) within its ecosystem:

Users' accounts may maintain balances in both currencies simultaneously.
Users can choose their preferred currency for the display of balances and transactions.
UffPay reserves the right to add or remove accepted currencies, notifying Users in advance.

9.2 Exchange Rates

The applicable exchange rates are updated daily and will be presented to the User at the time of making a transaction involving currency conversion:

UffPay obtains its exchange rates from trusted sources in the international financial market.
Rates are updated at least once a day, and there may be more frequent updates in the event of high market volatility.

9.3 Foreign Exchange Risk

The User acknowledges and agrees that there is an inherent foreign exchange risk in transactions involving different currencies. Fluctuations in exchange rates can affect the final value of transactions:

UffPay provides educational tools to help Users understand foreign exchange risk.
Users are advised to consider foreign exchange risk in their financial decisions, especially in high-value or long-term transactions.
UffPay offers the option to view exchange rate history to aid in informed decision-making.

9.4 Non-Guaranteed Rates

UffPay does not guarantee any specific exchange rate and will not be liable for any losses that may result from fluctuations in exchange rates:

Users agree that exchange rates may vary between the time of initiating a transaction and its final execution.
UffPay reserves the right to cancel or postpone transactions in the event of extreme or unexpected fluctuations in exchange rates, by immediately notifying the User.

9.5 Transparency in Currency Conversions

Before confirming any transaction that involves a currency conversion, UffPay will clearly display:

The exchange rate applied.
Any fees associated with the conversion.
The final amount in both currencies.

Users will have the option to cancel the transaction if they do not agree with the rate or charges presented. UffPay keeps a detailed record of all currency conversions made, accessible to Users at any time.

By using UffPay services involving different currencies, the User acknowledges that he/she has been informed of the associated risks and accepts the conditions set out in this section.

10. Commissions and Charges

10.1 Applicable Fees

UffPay may charge fees for the use of its services. These fees, where applicable, will be presented in a clear and transparent manner to the User prior to completing any transaction:

Fees may vary depending on the type of transaction, the amount, frequency, and the level of verification of the User's account.
UffPay will provide a detailed list of all applicable fees in the "Fees and Commissions" section of the App, which will be accessible at all times.
Prior to confirming a transaction, a full breakdown of applicable fees will be displayed, including the transaction amount, UffPay fee, and any additional third-party charges if any.

10.2 Payment of Commissions

The User agrees to pay all fees associated with the use of the UffPay services:

Commissions will be automatically deducted from the User's account balance or added to the transaction amount, as applicable.
In case of insufficient funds to cover the fees, the transaction will not be processed and the User will be notified.
UffPay reserves the right to charge outstanding fees from previous transactions on future transactions or deposits to the User's account.

10.3 Commission Modifications

UffPay reserves the right to change its fees at any time by notifying Users of such changes in advance via the App or by email:

Changes to fees will be notified at least 30 days in advance prior to implementation.
Users will have the option to accept the new fees or close their account without penalty during this notice period.
UffPay may offer temporary promotions or discounts on your commissions, which will be clearly communicated along with their terms and duration.

10.4 Transparency and Explanation of Fees

UffPay is committed to providing clear and understandable explanations of all of its fees in plain language:

Users may request a detailed explanation of any fees applied to their account by contacting customer service.
UffPay will maintain a history of all fees charged, which will be available for User review in the App.

10.5 Comparison of Commissions

UffPay will endeavour to keep its commissions competitive in the market:

The Company may provide commission comparison tools with other similar service providers to help Users make informed decisions.

10.6 Refund of Fees

In the event of a technical error or improper charging of fees, UffPay agrees to refund the applicable amount plus any applicable interest:

Refunds will be processed within 10 business days of the error being verified.

11. Intellectual Property

11.1 Intellectual Property Rights

All intellectual property rights relating to UffPay, including but not limited to trademarks, logos, trade names, software, graphic elements and other content (hereinafter referred to as "Intellectual Property"), are duly registered and protected under applicable intellectual property laws:

UffPay's Intellectual Property is protected by copyright, trademark, and patent laws in Guatemala, the United States, and other countries where UffPay operates.
The software used in the UffPay App is the exclusive property of UffPay Tech Inc. or its licensors and is protected by international intellectual property laws.
Visual elements, including the user interface, designs and graphics, are the exclusive property of UffPay and may not be used without express permission.

11.2 Unauthorized Use

Any use, reproduction, distribution, modification or public communication of the Intellectual Property without the prior, express written permission of UffPay SA or UffPay Tech Inc is strictly prohibited:

Users may not copy, modify, decompile, reverse engineer or create derivative works based on any part of the Application or its contents.
The use of the UffPay brand, logos, or any related materials on third-party websites, applications, or promotional materials is strictly prohibited without written permission.
Users may not use "framing" or "mirroring" techniques to encapsulate any trademark, logo, or other proprietary information of UffPay without express consent.

11.3 Legal Consequences

Unauthorized use of UffPay Intellectual Property may result in legal action, including but not limited to claims for damages:

UffPay reserves the right to take legal action against any individual or entity that infringes its intellectual property rights.
Penalties for infringement may include monetary damages, injunctive relief, and, in serious cases, criminal prosecution as permitted by applicable law.
UffPay may request the immediate removal of any content that infringes its intellectual property rights from online platforms or social media.

11.4 Limited User License

UffPay grants the User a limited, non-exclusive, non-transferable, revocable license to use the Application solely for his/her personal, non-commercial use.
This license does not permit the User to sell, lease, sublicense, or distribute the Application or its content in any way.
UffPay reserves the right to revoke this license at any time if the User violates these Terms.

11.5 User-Generated Content

Any User-generated content within the Application (such as comments or reviews) remains the property of the User, but the User grants UffPay a worldwide, non-exclusive, royalty-free license to use, reproduce and distribute such content in connection with the UffPay services.
The User guarantees that he/she has all necessary rights to any content he/she publishes or shares on the Application.

11.6 Notification of Violations

If a User believes that their work has been copied in a way that constitutes copyright infringement, or that their intellectual property rights have been violated in any other way, they must immediately notify UffPay through the designated support channels.
UffPay will promptly investigate all claims of intellectual property infringement and take appropriate action as required by applicable law.

12. Modifications to the Terms

12.1 Right to Modifications

UffPay reserves the right to modify these Terms at any time. Amendments shall be effective immediately upon posting on the Application:

Modifications may be necessary to reflect changes in the law, new features of the service, or changes in UffPay's business practices.
UffPay will notify Users of any material changes to the Terms via a prominent notice on the App or via email.
For minor changes or clarifications, UffPay may choose to update the Terms without specific notice.

12.2 User's Responsibility

It is the User's responsibility to periodically review these Terms. Your continued use of the UffPay services after any modification constitutes acceptance of the new Terms:

UffPay encourages Users to review the Terms at least once a month to stay informed of any changes.
The date of the last update will be clearly displayed at the beginning of the Terms to make it easier to identify recent changes.
UffPay will maintain an archive of previous versions of the Terms, which will be available to Users who wish to review it.

12.3 Objections to Modifications

If a User does not agree to the amended Terms, they must stop using UffPay's services and close their account.
Users will have a 30-day grace period from notification of material changes to close their accounts without incurring additional penalties.
Any use of UffPay's services after the grace period will constitute acceptance of the new Terms.

12.4 Effect of Modifications

Modifications to the Terms will not have retroactive effect on transactions or agreements already completed.
For ongoing services or subscriptions, the new Terms will apply as of the next renewal or billing cycle.
UffPay reserves the right to require Users to actively accept the new Terms (e.g., through a click) before continuing to use certain services or functionalities.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Guatemala, without giving effect to any conflict of law provision or principle:

The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

13.2 Dispute Resolution

Any dispute, controversy, or claim arising out of or in connection with these Terms, or the breach, termination, or invalidity thereof, shall be resolved by arbitration in accordance with the Arbitration Rules of the Guatemalan Chamber of Commerce.
The arbitration will be held in Guatemala City, Guatemala.
The language of the arbitration will be Spanish.
The arbitral tribunal will be composed of three arbitrators, unless the dispute involves an amount less than USD 100,000, in which case it will be a single arbitrator.

13.3 Class Action Waiver

To the extent permitted by law, the User agrees to waive any right to file or participate in a class action lawsuit against UffPay.
All claims and disputes within the scope of these Terms must be arbitrated or litigated on an individual basis and not in a class, consolidated, or representative action.

13.4 Arbitration Procedure

The party initiating the arbitration must give written notice to the other party of its intent to do so, describing the nature and basis of the claim.
Both parties will attempt to resolve the dispute in good faith through negotiations for a period of 30 days from the date of notice.
If the dispute is not resolved within the 30-day period, either party may initiate formal arbitration proceedings.

13.5 Costs of Arbitration

The costs of arbitration shall be shared equally between the parties, unless the arbitral award provides otherwise.
Each party will be responsible for its own legal and representation expenses.

13.6 Enforcement of the Arbitral Award

The arbitration award shall be final and binding on both parties.
The award may be enforced in any court having jurisdiction over the party against whom enforcement is sought.

13.7 Precautionary Measures

Notwithstanding the arbitration provision, either party may seek urgent injunctive or equitable relief in a court of competent jurisdiction to protect its rights pending final resolution of the arbitration.

13.8 Limitation of Actions

Any claim or cause of action arising out of or related to these Terms must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action will be permanently excluded.

13.9 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.

By accepting these Terms, the User acknowledges that he/she has read, understood and accepted all provisions relating to applicable law and dispute resolution.

14. Limitation of Liability

14.1 Exclusion of Liability for Damages

UffPay shall not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from:

The use of or inability to use the UffPay services.

This includes, but is not limited to, temporary service interruptions due to scheduled or unscheduled maintenance.
Technical failures beyond UffPay's reasonable control, such as network connectivity issues or failures in third-party systems.
User errors in data entry or transaction execution.

Any transaction or acquisition of goods or services from third parties, made through UffPay.

UffPay acts solely as a payment facilitator and is not responsible for the quality, safety, or legality of any goods or services purchased.
Disputes between users and merchants must be resolved directly between the parties involved.
UffPay does not guarantee the creditworthiness or legitimacy of merchants or users using the platform.

Unauthorized Access, Use, or Alteration of Your Transmissions or Content.

This includes cases of phishing, hacking, or any other form of unauthorized access to the user's account.
UffPay strongly encourages users to keep their credentials confidential and use all available security measures.
The responsibility for maintaining the security of the device and access credentials rests with the user.

14.2 Limitation of Liability

In no event shall UffPay's total liability in connection with these Terms exceed the total amount of fees paid by the User to UffPay during the six (6) months immediately preceding the event giving rise to such liability.

This limitation applies to all causes of action in the aggregate, including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and other torts.
You acknowledge that this limitation of liability is an essential element of the agreement between you and UffPay and that in your absence, the economic and other terms of these Terms would be materially different.
This limitation of liability shall apply even if UffPay has been advised of the possibility of such damages or if any limited remedy fails of its essential purpose.

14.3 Applicability of Limitations

The limitations of liability set forth in this section shall apply to the fullest extent permitted by applicable law.

In some jurisdictions, the limitation or exclusion of certain types of damages may not be permitted. In such cases, UffPay's liability shall be limited or excluded to the fullest extent permitted by applicable law.
Nothing in these Terms excludes or limits UffPay's liability for fraud, gross negligence, willful misconduct or any other liability that cannot be excluded or limited under applicable law.

14.4 Force Majeure

UffPay shall not be liable for any failure or delay in performance of its obligations under these Terms resulting from causes beyond its reasonable control, including, but not limited to, acts of war, terrorism, civil disturbances, embargoes, acts of civil or military authorities, fires, floods, accidents, pandemics, strikes, or shortages of transportation, fuel, energy, labor or materials.

In the event of a force majeure event, UffPay will notify users as soon as reasonably practicable and will use commercially reasonable efforts to resume compliance.

14.5 Indemnification

The User agrees to indemnify, defend and hold harmless UffPay, its affiliates, officers, directors, employees and agents from and against any claims, liabilities, damages, losses and expenses, including reasonable legal fees and costs, arising out of or in any way connected with the User's use of the UffPay services, violation of these Terms or infringement of any rights of any third party.

UffPay reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will fully cooperate with UffPay in asserting any available defenses.

15. Acceptance of Terms

By using the UffPay App and services, you acknowledge that you have read, understood, and agree to these Terms in full. If you do not agree with any part of these Terms, you must refrain from using our services.

15.1 Acceptance Process

When registering for a UffPay account, you will be asked to tick a box indicating that you have read and agree to these Terms.
In addition, whenever a significant update is made to these Terms, you will be required to review and accept the changes before continuing to use the services.
UffPay keeps records of users' acceptances of the Terms, including the accepted version and the date of acceptance.

15.2 Legal Capacity

By agreeing to these Terms, you represent and warrant that you have the legal capacity to enter into a binding contract in your jurisdiction.
If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms.

15.3 Understanding the Terms

UffPay strives to present these Terms in clear and understandable language. However, if you have any doubts about the meaning or implication of any part of these Terms, we strongly recommend that you seek independent legal advice before agreeing to them.
UffPay provides a glossary of technical and legal terms used in these Terms to make them easier to understand.

15.4 Consequences of Non-Acceptance

If you do not agree to these Terms, you may not use UffPay's services.
If you have previously accepted a previous version of the Terms but do not accept the updates, your access to certain features may be limited or your account may be closed after a reasonable grace period.

16. Contact

If you have any questions or concerns about these Terms, you can contact us via:

UffPay SA

Fraijanes 00, highway to El Salvador, lot 1-16, zone 0

Fraijanes, Guatemala

Email: support@uffpay.com

16.1 Additional Contact Methods

Live Chat: Available through the UffPay App during customer service hours.
Social Media: You can send us direct messages through our official accounts on Facebook, WhatsApp, Twitter, and Instagram.

16.2 Response Times

For general inquiries sent by email, we strive to respond within 72 working hours.

16.3 Escalation Process

If you are not satisfied with the initial response received, you can request that your inquiry be escalated to a supervisor or customer service manager.
For formal complaints, we offer a detailed complaint resolution process that can be initiated through our website or app.

16.4 Contact Updates

It is the user's responsibility to keep their contact information up to date in their UffPay profile to ensure that they can receive important communications related to their account and the services.

16.5 Legal Notices

Any legal or formal notice must be sent in writing to our physical address listed above, with the attention of the Legal Department of UffPay SA.

By contacting us, you agree that we may record and store your communications for quality, training, and compliance purposes. Your privacy is important to us, and all information collected will be handled in accordance with our Privacy Policy.