ELECTRONIC AND TELEPHONIC COMMUNICATIONS POLICIES All rights reserved. 2021, Fiado, Inc. Last revised 24 April 2025 – 7:09 PM |
PLEASE READ THIS DOCUMENT CAREFULLY. ANY CAPITALIZED TERMS NOT DEFINED IN THIS DOCUMENT SHALL HAVE THE MEANINGS DEFINED IN THE DOCUMENTS TITLED “PAY CONFIADO TERMS & CONDITIONS”. |
- Introduction
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- This Electronic and Telephonic Communications Agreement (“Agreement”) applies to all communications related to all current and future products issued or acquired by Fiado, Inc., and accompanying Services available through the Fiado mobile App (the “App”), with the exception of the Fiado Prepaid Mastercard. Communications related to the Fiado Prepaid Mastercard are governed by the Electronic Communications Agreement (Central Bank of Kansas City), which can be viewed on the App or at www.yoconfiado.com.
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- Identification of parties
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- “You” and “your” refer to the person downloading, installing, accessing, or using our App, our Platform, and our Services.
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- “We”, “us”, and “our”, refer to Fiado, Inc. (including its affiliates and contracted third parties, as applicable).
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- Scope of Communications to be provided in electronic form.
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- The Platform and Services are intended for use only by person(s) who are willing and able to receive Communications exclusively through electronic and telephonic means.
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- “Communication(s)” means any:
- agreement between you and us (and amendments thereto);
- disclosure made by us to you;
- other information related to your activity as a registered user of our Platform and Services, including but not limited to information that we are required by law to provide to you in writing.
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- This Agreement supplements all other agreements and disclosures you received from us, including, without limitation:
- Fiado App Fraud Prevention Guide and Platform Risks
- Fiado App Terms & Conditions
- Card Usage Policies (Fiado S.A.)
- Comprehensive Privacy Notice (Fiado S.A.)
- Simple Credit Contract (Fiado S.A)
- Simplified Privacy Notice (Fiado S.A.)
- Terms & Conditions (Fiado S.A.)
- Contract for the Issuance and Commercial Deposit of Electronic Payment Funds (Pago ConFiado)
- Pay ConFiado Cardholder Agreement (Patriot Bank, N.A.)
- Privacy Notice (Patriot Bank, N.A.)
- Schedule of Fees (Patriot Bank, N.A.)
- Pay ConFiado Privacy Policy
- Pay ConFiado Terms & Conditions
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- When you use the App, the Platform, or the Services, you agree that any Communications will be provided in electronic format, and that paper Communications will not be sent, to the extent allowed by law. Your consent to receive electronic Communications and transactions includes, but is not limited to:
- All legal and regulatory disclosures and required Communications associated with the Services we offer;
- Statements of all accounts held by you with Fiado;
- All the account agreements and any notices about changes in terms;
- Privacy policies and notices;
- Responses to claims filed in connection with the Services we offer;
- Notices regarding problems encountered in maintaining your account and processing transactions from your account, including but not limited to: insufficient funds, negative balances, late payments, delinquencies, overdrawn amounts, suspected fraudulent activity, suspected prohibited activity, and suspected unauthorized use; and
- All other Communications between us and you concerning the Services we offer.
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- Method of providing Communications in electronic form. All Communications that we provide in electronic or telephonic form will be provided:
- by push notification from the App,
- via electronic mail (“email”),
- via messenger applications (e.g., WhatsApp),
- via short message service (“SMS”) received as text messages on your wireless/cellular/mobile telephone or other device, and
- by live telephone calls, pre-recorded or artificial voice messaging calls, and calls made by an automatic telephone dialing system (ATDS) from us or our contracted third parties or our or their respective agents.
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- Express Consent. You expressly consent to receipt of Communications by electronic and telephonic means. This express consent applies to each telephone number that you provide to us now or in the future.
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- Valid, up-to-date wireless/cellular/mobile number required. All access to the Services is linked to your valid and verified wireless/cellular/mobile telephone number. It is imperative that you immediately notify us if any wireless/cellular/mobile telephone number you have enrolled is surrendered by you or changed by you. Failure to maintain your account with a valid and verified wireless/cellular/mobile telephone number will result in discontinuation of access to the App, Platform, and Services. You authorize your wireless/cellular/mobile telephone service carrier to use or disclose information (e.g., subscriber status, payment method) about your wireless/cellular/mobile account and your telephone, if available, to Fiado or its contracted third parties for the duration of our business relationship with you, solely to help identify you or your wireless/cellular/mobile telephone and to prevent fraud. Message and data rates may apply.
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- Neither we, our contracted third parties, or our wireless/cellular/mobile telephone carriers are liable for delayed or undelivered messages. If you have any questions about your text plan or data plan, it is best to contact your wireless/cellular/mobile telephone service provider directly.
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- How to withdraw consent. You may withdraw consent to receive Communications in electronic form by contacting Customer Care, as provided below. If you withdraw consent, the Services you are currently using will be closed and a balance refund check may be issued in accordance with the terms of the Pay ConFiado Cardholder Agreement (Patriot Bank, N.A.) or the Cardholder Agreement (Central Bank of Kansas City), corresponding to the issuer of your Card. Any outstanding amounts owed on your account will need to be repaid in accordance with their terms and no further transactions will be permitted. If you withdraw consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected.
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- How to update records. It is your responsibility to provide us with a true, accurate and complete email address, wireless/cellular/mobile telephone number, and other information comprising your User Credentials, and to maintain and update promptly any changes in this information. You can update information in the App or by contacting Customer Care, as provided below. We are not responsible for any delay or failure in the receipt of the Communications if we send the Communications to the last email address or wireless/cellular/mobile telephone number you provided to us.
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- Hardware and software requirements. In order to access, view, and retain electronic Communications, you must have access to a computer, wireless/cellular/mobile telephone, or other device with internet access and browser, a compatible operating system, and/or the App. While you may be able to access and retain the Communications using other hardware and software, we recommend that you use the latest version of the supported browsers, operating systems, and App and keep your security settings up to date. In certain circumstances, we may need to block certain browsers and software from accessing the App due to incompatibility or possible security risks and may not be able to inform you in advance. We may update these requirements as necessary to preserve the ability to receive electronic Communications. If there is a substantial change in these requirements, you will be notified of the changes to the extent required by law.
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- Requesting paper copies. We will generally not send paper copies of any Communication, however, we reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any communication that you have authorized us to provide electronically. You can obtain a paper copy of an electronic Communication by requesting that we mail a paper copy. To request a paper copy, contact Customer Care, as provided below.
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- Applicable Law.
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- E-SIGN (Electronic Signatures in Global and National Commerce Act) (the “E-SIGN Act”). You acknowledge and agree that consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the E-SIGN Act, and that you and we both intend that the E-SIGN Act apply to the fullest extent possible to validate our mutual ability to conduct business by electronic means.
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- TCPA (Telephone Consumer Protection Act of 1991). You understand and agree that, from time to time, you may receive SMS text messages from us that may include, without limitation:
- Immediate responses to your requests for SMS text messages (“one-time, on-demand SMS”), e.g., for authorizations, for “one-time passwords” or “OTP”, for identity verification, for promotional codes, etc.;
- Notifications about your Account activity;
- Requests for verification of information; and
- Marketing materials about goods and services offered by us and third parties.
You expressly acknowledge and agree that, by providing your phone number, you are consenting to receive from us SMS text messages of any reasonable character or for any reasonable purpose, in accordance with the TCPA. You can cancel delivery of marketing text messages (but not one-time, on-demand SMS) at any time. If you want to opt-out of marketing text messages sent to your wireless/cellular/mobile telephone in the future, text “STOP” in response to the short code, we will send you a text message to confirm that you have been unsubscribed and you will receive no further promotional text messages from Fiado. If you want more information about messages in the future, text “HELP” in response to a message from Fiado, otherwise you can contact us at any time via the App, or by email at hola@somosfiado.com. You can read the Pay ConFiado Privacy Policy at https://yoconfiado.com/avisos-legales/. |
- Termination/Changes. We reserve the right, at our sole discretion, to discontinue the provision of electronic Communications, or to terminate or change the terms and conditions upon which electronic Communications are provided. We will provide you with notice of any such termination or change as required by law.
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- CLICK-THROUGH AGREEMENT. Please read this Agreement carefully before you start to use the App, the Platform, or the Services. By accessing, using, or installing any part of the App; or by clicking the button in the App indicating your acknowledgement and acceptance of the terms of this Agreement; or by accessing or using the Platform or the Services:
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- you adopt the click to accept as your electronic signature and you give us your affirmative consent to receive electronic Communications as described herein;
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- you represent that you have been given the opportunity to read this Agreement, that you understand it, and you expressly agree to and consent to be bound by all of the terms of this Agreement; and
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- You further agree that your wireless/cellular/mobile telephone or other device satisfies the hardware and software requirements specified above and that you have provided us with your current wireless/cellular/mobile telephone number to which we may send you electronic communications.
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- Contact Customer Care:
by phone in the US at +1 (914) 810 0187, or in Mexico at +52 (55) 9505 4500, or by WhatsApp at +1 (914) 817 7787, or by email at hola@somosfiado.com. |
