TERMS AND CONDITIONS OF PAYMENT PROCESSING SERVICE

 

 

These terms and conditions constitute a contract between the USERS of the platform (hereinafter, "User" or "User Person") and SG FINANCIAL TECHNOLOGY S.A. (SG), for the purpose of using the payment processing service through a payment account.

 

REGISTRATION. All Users wishing to use the Services must register and accept these Terms and Conditions of Use. To do so, they must complete the registration form in all its fields with valid data and accurate, precise, and true personal information ("Personal Data").

 

The User assumes the commitment to update the Personal Data as necessary. SG is not responsible for the certainty of the Personal Data provided by its Users. The Users guarantee and are responsible, in any case, for the truthfulness, accuracy, integrity, validity, and authenticity of the Personal Data entered. All information and Personal Data entered by the User have the character of a sworn statement.

 

SG reserves the right to request proof and/or additional information to corroborate the information provided by a User regarding Personal Data, as well as to temporarily or permanently suspend those Users whose data could not be confirmed.

 

Likewise, the User gives consent for the intermediary (mutual or cooperative or any third-party client of SG that provides a platform to the User) to share with SG the personal data that SG requires to comply with Communication A 7328, UIF Resolution 200/2024, and the remaining regulations subsequently issued by the BCRA or the Financial Information Unit that may be applicable.

 

It is expressly stated that the User authorizes the Obligated Subject to share all the information and documentation contained in their file related to their identification and the origin and legality of the funds, with other obligated subjects listed in Article 20 of Law No. 25,246 or those that modify, supplement, or replace it.

 

SG reserves the right to reject a registration request or to cancel or suspend, temporarily or permanently, an Account (as defined below), in case of detecting inconsistencies in the information provided by a User or in case of detecting suspicious activities, without such a decision generating for the User any rights to compensation or indemnity.

 

USER ACCOUNT: Upon registration, the User will request the opening of an account on the platform, for which SG will generate a Uniform Virtual Key (CVU) linked to the User's Account. The User will access their Account by entering their e-mail address (username) and password or chosen personal key. The User undertakes to maintain the confidentiality of the same. By virtue of this, the User will be the sole and exclusive responsible party for all operations carried out in their Account.

• Use of the service for one's own account. The Account is personal, unique, and non-transferable, and its sale, assignment, or transfer is prohibited. The User may not permit or authorize the use of their Account by third parties. The services may only be used on one's own behalf and not in representation and/or on behalf of third parties.

• Object. Through their Account, the User will have the ability to receive and make immediate payments by crediting funds to other CVUs or CBUs. The platform will allow the User to dispose of said funds by requesting the processing of payments they make.

• SG is not a party to the obligation that gave rise to the Payment Processing Request. SG will not be responsible for nor will it verify the causes, amount, or any other circumstance related to said Request, nor the capacity of the Users to contract and the veracity of the personal data they enter. The User will be the sole and exclusive responsible party for all operations carried out in their Account. The User agrees to notify SG immediately and by suitable and reliable means of any unauthorized use of their Account, as well as the entry or attempted entry by unauthorized third parties to it. SG will not be liable for the improper use of the access key. The User is responsible for losses arising from fraudulent, duplicated, unauthorized, or merely erroneous instructions, as well as for any damages that may be caused to SG.

 

The User will be responsible for the payment of any fine, fee, penalty, damage, cost, or claim applied to SG as a result of chargebacks related to transactions made by the User.

• Provision of Payment Processing Service to Platforms of other Entities. SG states that in cases of Accounts opened through platforms (Virtual Wallet Applications) corresponding to other entities, to which SG provides the Payment Processing service, it will be those entities that issue to SG the Request for the processing of a payment on behalf of and by order of the User. By virtue of this, the User accepts that SG is not a party to and is unaware of the causes that gave rise to said request and that SG will not be responsible for nor will it verify the causes, amounts, and/or any other circumstance associated with the payment processing requests it receives from the entities that develop the Platforms.

• Funds: Credits. Transfers. Withdrawals. In their Account, the User can only receive money transfers or credits through the tools enabled on the Platform or mobile application.

 

The Funds will be credited to the User's Account, who may dispose of the credited funds immediately to carry out the described operations in accordance with these Terms and Conditions. It is clarified that the User agrees, accepts, and authorizes to receive funds that other Users may send to their Account and to have any applicable charges debited.

 

Withdrawals of funds will be made by transfer to a bank or virtual account indicated by the User, and according to their instructions. For the purpose of any movement of funds requested by the User, they must pass through the CVU created by SG owned by the User for such purposes. Said transfer will be ordered immediately after receiving the request for the withdrawal of funds from the User. For the execution of the transfer, the most efficient channels available for fund transfers in the retail payment system will be used. Any expense originated by the transfer will be borne by the User.

• User Declarations. Prohibited uses. Unavailability of funds. The User declares that in using the Platform, they will not violate any applicable law, nor will they use it for a service, sale, or transmission that is prohibited by law or these General Terms and Conditions and/or any type of activity that may be considered fraudulent or illegal or suspected of being so. The User will not use SG's services to transmit material that constitutes a crime or that may give rise, directly or indirectly, to civil liabilities or that violates these General Terms and Conditions. If SG considers that there is a suspicion or indication of the use of the platform for any activity prohibited by law or these General Terms and Conditions, it may reject, cancel, or suspend any payment processing, and/or temporarily block access to and use of an Account and/or the use or availability of functionalities and/or permanently cancel an Account. In such a case, the User will be liable for the damages that may have been caused to SG, its officers, employees, directors, agents, and/or employees, for which purposes SG reserves the right to initiate the pertinent judicial or extrajudicial actions. The User will be exclusively and unlimitedly responsible for the damages that their conduct may cause to SG or to the other Users of SG's services.

 

Likewise, it is absolutely forbidden to carry out any operation that could be considered a cash advance or loan, as well as the entry of funds without a specific purpose. SG will consider, without limitation, a cash advance to be any operation in which it detects that a User adds Funds to their Account through the use of credit cards and withdraws said Funds; this activity also includes when a User enters a Payment Processing Request in favor of another, who subsequently makes a new Payment Processing Request in their favor, who finally requests the withdrawal of such funds.

 

For security reasons, the funds credited to the Account and/or that are in the process of being credited (regardless of the payment method used for the transaction) may remain indefinitely unavailable when, at the sole discretion of SG, there are strong suspicions of illegalities, fraud, an excessive number of operations or transactions that may be fraudulent, and/or excessive requests for refunds and/or chargebacks, or any other act contrary to these Terms and Conditions and/or suspicions of violation of legal precepts for which SG must be responsible.

• SG is not a financial institution. It is expressly clarified that SG is not a financial institution nor does it provide the User with any banking or exchange services. SG only provides a payment management service on behalf of and by order of the Users according to the conditions established in the Terms and Conditions of Use of the Payment Processing Service.

• Limitation of liability for funds: In accordance with the current regulations of the Central Bank of the Argentine Republic, SG is a Payment Service Provider and as such is limited to offering payment services and is not authorized by the BCRA to operate as a financial institution under the terms of Law No. 21,526. The funds deposited in the SG Virtual Accounts do not constitute deposits in a financial institution and do not have any of the guarantees that such deposits may enjoy in accordance with the applicable regulations on deposits in financial institutions. SG will keep the funds of the Virtual Account in bank accounts of banks of the Argentine financial system of its choice.

• Interest. The funds credited to the Virtual Account do not generate interest, and the User may freely dispose of them to carry out the operations described herein, once they are available in their account and according to the terms, mechanisms, and rules determined by SG.

• The User gives their consent to link ("enroll") the payment account(s) they will use on the Bybit Platform, which operates through the AGILPAGOS digital wallet (S.G. FINANCIAL TECHNOLOGY S.A).

 

The client acknowledges that the digital wallet is provided by AGILPAGOS (S.G. FINANCIAL TECHNOLOGY S.A).

 

Likewise, the User declares and acknowledges that all enrolled payment accounts are under their ownership and provided by S.G. FINANCIAL TECHNOLOGY S.A.

 

Any payment or debit instruction ordered by the User through the AGILPAGOS digital wallet (S.G. FINANCIAL TECHNOLOGY S.A) will be processed as long as the consent or authorization granted by the user is valid.

• Payment with QR: The User may pay for products and/or services sold by Vendors who accept QR payment operations. To make the payment, the User must select the QR payment option, in which case the application will open the cell phone's camera, and the User must scan the QR code provided by the Vendor to identify the purchase. The QR code must always be scanned before the purchase process is completed. Once the QR code is scanned, for cases where the purchase amount is not reported, the User must indicate the amount to pay; in cases where the amount is reported by the system from the Acceptor, the User must confirm the amount reported on the Platform. The User's balance must be equal to or greater than the transaction amount; otherwise, the payment will be declined. After completing the previous steps, the application will send the purchase notice to the Vendor. Once the payment is approved by the Acceptor's system, the application will show the User the payment with the status "Approved." In the event that the purchase process initiated via QR code cannot be completed due to a system failure, it will remain in a Pending state, and the user will have to wait until the application completely finalizes the transaction. After this, the transaction will be marked as Confirmed or Reversed, as appropriate. Once the User scans the QR Code, the transaction will begin its course and can only be canceled from the Vendor's system and not from the application. The User must inform the Vendor of their intention to cancel the payment through the Platform in order to opt for another payment method. The Vendor may request a refund or cancellation of the transaction. SG does not intervene in the consumer relationship between the Vendor and the Buyers; the Vendor will be the sole and exclusive responsible party for the fulfillment of the services and/or products they sell and must strictly adhere to the current legal regulations in case of any claim. All claims from Buyers (Users) related to the products and services purchased must be made directly to the Vendor.

 

CONFIDENTIALITY. SG will not sell, rent, or trade the personal information of Users with other companies. This data will be used to provide the Payment Processing Service. However, SG may share this information with value-added service providers that are integrated within the site or through links to other Internet sites, to meet the needs of Users related to the services provided by SG or within the framework of what is stipulated in the section "PREVENTION OF FRAUDULENT ACTIVITIES AND/OR SCAMS". The User knows and accepts that SG may access the contact list of the mobile device used by the User, and SG may use this information only to locate phone numbers or email addresses of other Users or potential Users. In turn, the User declares that they have authorization to share this information with SG. In relation to potential Users, SG will not store names, addresses, data, or ID numbers or any information that allows a person to be identified, but will be limited to phone numbers and email addresses, and must maintain the confidentiality and security of said data.

SG will not be liable for damages that may arise from the violation of said measures by third parties who use public networks or the Internet to access said information or in cases where there has been fault or negligence on the part of the User.

 

PERSONAL DATA. The User declares to be aware of the agreement reached between the Entity to which they are linked/associated and SG, by virtue of which they have requested access to the Platform. Consequently, they give their express consent for said Entity to provide their personal data and those it may have in its records to SG and expressly authorize the Entity and SG to exchange the data and information necessary to carry out the disposition of funds through this platform, once these Terms and Conditions of Use are accepted. In relation to the identifying data collected and registered by SG and by the Entity, in accordance with the provisions of Law No. 25,326 on Personal Data Protection and in particular the provisions of Article 6, they give express consent for them to be used for the consideration of products and/or services that may be offered in the future, as well as for the processing of the respective operations. Disp. 10 / 2008 DNPDP. "The owner of the personal data has the right to exercise the right of access to them free of charge at intervals of not less than six months, unless a legitimate interest is proven for this purpose as established in article 14, paragraph 3 of Law No. 25,326". "The NATIONAL DIRECTORATE FOR THE PROTECTION OF PERSONAL DATA, the Control Body of Law No. 25,326, has the authority to handle complaints and claims filed in relation to non-compliance with the rules on personal data protection." For its purposes, Art. 14 of Law 25,326 (Right of access) is transcribed: "1. The owner of the data, upon proof of identity, has the right to request and obtain information about their personal data included in public or private databases intended to provide reports. 2. The controller or user must provide the requested information within ten calendar days of being formally requested. Once the deadline has passed without the request being satisfied, or if the report provided is considered insufficient, the action for the protection of personal data or habeas data provided for in this law will be available. 3. The right of access referred to in this article can only be exercised free of charge at intervals of not less than six months, unless a legitimate interest is proven for this purpose. 4. The exercise of the right to which this article refers in the case of data of deceased persons shall correspond to their universal successors." SG will make its best efforts to maintain the confidentiality and security referred to in this section, but will not be liable for damages that may arise from the violation of said measures by third parties who use public networks or the Internet to access said information or in cases where there has been fault or negligence on the part of the User.

 

CONFRONTATION OF PERSONAL DATA WITH RENAPER - INFORMED CONSENT. By means of this document, the User, as the owner of their personal data, gives their consent for SG to confront their personal data with the database of RENAPER. This consent for the processing of personal data includes those in the National Identity Document (including biometric data of fingerprint and facial recognition) in confrontation with the information provided by the web service of the NATIONAL REGISTRY OF PERSONS (REGISTRO NACIONAL DE LAS PERSONAS).

 

In accordance with the foregoing, it is stated that the owner of the data may exercise the rights of access, rectification, and deletion of their data at any time and at their sole request before RENAPER. Likewise, in compliance with AAIP Resolution No. 14/2018, it is made known that the AGENCY FOR ACCESS TO PUBLIC INFORMATION, as the Control Body of Law No. 25,326, has the authority to handle complaints and claims filed by those whose rights are affected by non-compliance with the current regulations on personal data protection.

 

PREVENTION OF FRAUDULENT ACTIVITIES AND/OR SCAMS. SG is not responsible for the improper use of the platform and may carry out all the actions stated in the section "User Declarations. Prohibited uses. Unavailability of funds" if it detects indications of fraudulent activities and/or any presumably illegal or malicious activity by Users, including the temporary and/or permanent blocking of funds or the closing of the account. Additionally, SG is a subscriber to collaboration agreements with other financial entities and/or payment service providers by virtue of which they commit to providing reciprocal cooperation in order to make the greatest efforts to take timely and effective measures to detect and prevent fraud, and to protect their own economic interests and those of their clients. Consequently, SG may share information related to the User and their operations in this entity with other financial entities and/or Payment Service Providers in response to requests received in the context of complaints or claims for alleged fraud or scams and/or any activity with indications of infringing the regulations and/or provisions of these terms and conditions, with the User giving their express consent. It is stated that the information shared in accordance with the aforementioned will not be used in a manner different from that expressly authorized herein.

 

COMMUNICATION CHANNELS. For the purpose of making inquiries, claims, and/or complaints, reporting cyber-incidents, and/or suspicious situations, the User will have different communication channels available, which will be available 24 hours a day. For this, the User may: 1. Access the form from our WEBSITE, under the "Inquiries and Claims" section (https://sgfintech-dev.atlassian.net/servicedesk/customer/portal/7); 2. Send an email to the address: consultasyreclamos@sgfintech.com.ar; 3. Send a WhatsApp message to the phone number 341 674-7947.

 

LIMITATION OF LIABILITY FOR THE SERVICE. SG does not guarantee continuous or uninterrupted access and use of its platform. The system may eventually be unavailable due to technical difficulties or Internet failures in the links or tools or for any other circumstance beyond SG's control, with SG not being responsible for any damages resulting from said difficulties, as well as for any other class of damages, including indirect, special, or consequential damages that Users may suffer, even if such failures affect the amounts to be paid or credited.

 

INTELLECTUAL PROPERTY. All intellectual and industrial rights, over the Site, Codes, development, software, hardware, domain, logos, designs, information, etc. are the property of SG. In no case will it be understood that the User will have any type of right over them.

 

MODIFICATION OF THE TERMS AND CONDITIONS. SG may modify these Terms and Conditions of Use at any time, for which purpose it will notify the changes to the User by publishing an updated version of them on the site with an expression of the date of the last modification. All modified terms will come into effect 10 (ten) days after their publication. Within 10 (ten) days following the publication of the introduced modifications, the User must communicate by e-mail to consultasyreclamos@sgfintech.com.ar if they do not accept them; in that case, the contractual relationship will be dissolved. Once this period has expired, it will be considered that the User accepts the new terms and the contract will continue to be binding on both parties. The modified Terms and Conditions of Use will be applicable to any Payment Processing Request made after the notification to the User.

 

ASSIGNMENT. The User may not assign, transfer, delegate, or dispose of the rights or obligations derived from this Contract, in whole or in part. SG may assign, transfer, delegate, or dispose of the rights or obligations derived from this Contract or its contractual position, in whole or in part, by notifying the User of said act through a notice on the site, for which the User gives their prior consent for such actions to be carried out.

 

TERMINATION. SG and the User may at any time during the term of this contract terminate it without cause, which will imply the closing of the Account, but will not suspend the fulfillment of the Payment Processing Requests already authorized by the User at the time of notifying the rescission. To exercise this power, it is necessary that the party intending to terminate the contract does not owe the other party or third parties involved in the operations the fulfillment of any obligation.

 

Either party may, in the event of a breach by the other party of this contract or the applicable legislation, terminate the provision of the Services without any notice, reserving the right to claim damages that such breach may have caused.

 

It is expressly stated and the User declares to be aware that the validity of the CVU is linked to the validity of the contract between the entity to which it is linked and SG. In the event that said contract is rescinded or terminates for any reason, the CVUs created within its framework will be closed, observing the provisions mentioned in the preceding paragraphs.

 

DOCUMENTATION: The User expressly opts for the documentation and information related to the Contract to be provided in electronic format. The User may make copies, including in physical format, of the documentation and information provided by SG related to the Contract. The User irrevocably authorizes SG and/or whomever SG designates, to record the User's operations related to the services provided, and to use said recordings as a means of proof. For such purposes, the User and SG agree to grant evidentiary value to the records issued as a consequence of the approvals or instructions given by the User, with the scope established in the current legislation.

 

NOTIFICATIONS. All notifications made to Users at the primary email address registered by them (special electronic address), through the mobile application and/or to the User's Account will be considered valid.

 

ADDRESSES. The address of SG is fixed at Pueyrredón 870, Rosario, Province of Santa Fe. The address established by the Users for the purposes of the Payment Processing Request is the address registered by the Users with SG.

 

JURISDICTION AND APPLICABLE LAW. This agreement shall be governed in all its points by the laws in force in Argentina. Any controversy arising from this agreement, its existence, validity, interpretation, scope, or compliance, will be submitted to the provincial courts of Rosario, Province of Santa Fe.