FIADO APP TERMS & CONDITIONS All rights reserved. 2021, Fiado, Inc. Last revised 29 April 2025 – 10:06 AM |
- Introduction
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- The terms and conditions of this document (and other documents referenced here) govern any access to, interaction with, or use of Fiado’s websites, the Fiado App, the Platform, and other intellectual property, as well as access to the Services. All capitalized terms used in this Agreement are defined in the section titled “Definitions” below, or in the text of the section to which those terms apply.
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- The Services accessed from the Platform are based in the United States of America or in Mexico and are governed, as applicable, by Terms & Conditions (Pay ConFiado), Card Usage Policies (Fiado S.A.), and Contract for the Issuance and Commercial Deposit of Electronic Payment Funds (Pago ConFiado), all found at www.yoconfiado.com/avisos-legales (collectively, the “Total Services T&C”). In the event of a conflict between this Agreement and any of the aforementioned Total Services T&C, the terms and conditions of the Total Services T&C will govern and prevail.
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- Your continuing eligibility to use the Services is expressly conditioned upon your compliance with the terms and conditions of all of your agreements with Fiado Affiliates; breach of any of those agreements with Fiado Affiliates may also be deemed a breach of this Agreement. Any other references to your agreements, if any, with Fiado Affiliates, made in these Fiado App Terms & Conditions are for information only.
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- CLICK-THROUGH AGREEMENT. Please read this Agreement carefully before you start to use the Fiado App, the Platform, or the Services. By accessing, using, or installing any part of the Fiado App; or by clicking the button in the Fiado App indicating your acknowledgement and acceptance of the terms of this Agreement; or by accessing or using the Platform or the Services, you represent that you have been given the opportunity to read this Agreement, that you understood it, and you expressly agree to and consent to be bound by all of the terms of this Agreement. If you do not want to agree to this Agreement, you must not apply to be a Fiado User, create User Credentials, or access or use the Services offered on the Platform; nor download, access, use, or install the Fiado App.
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- SUBSCRIPTION TO THE APP.
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- You agree that Fiado will collect from your U.S.-based Account a weekly subscription charge of USD$0.99 for use of the Fiado App. This weekly subscription will be charged on Saturday each week, beginning on the Saturday that is at least one (1) full week after the first time that you load funds onto your Account.
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- You agree to maintain sufficient funds in your Account to cover the weekly subscription charge. In the event that there are insufficient funds in your Account to pay the weekly subscription for three (3) consecutive weeks, we will stop attempting to collect the weekly subscription until such time as you load funds to your Account in excess of USD$3.00, at which time we will collect the three (3) missed weekly subscription payments (a total of USD$2.97) and thereafter we will resume collecting the weekly subscription.
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- YOU MAY CANCEL YOUR SUBSCRIPTION TO THE APP AT ANY TIME BY CONTACTING CUSTOMER CARE THROUGH THE APP OR BY THE METHODS PROVIDED BELOW IN THE SECTION “CONTACT CUSTOMER CARE.” You understand and agree that, if you cancel your subscription to the App, you will only be able to use the App to view the balance of funds in your Account, load funds to your Account, spend funds with your U.S. Card, and view your monthly statements.
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- This Agreement supplements and is to be construed in accordance with the terms of all other applicable agreements you received from us, including, without limitation:
Total Services T&C Fiado App Electronic and Telephonic Communications Policies Privacy Policy (Pay ConFiado) Pay ConFiado Cardholder Agreement (Patriot Bank, N.A.) Privacy Notice (Patriot Bank, N.A.) Schedule of Fees (Patriot Bank, N.A.) Cardholder Agreement (Central Bank of Kansas City) Fiado Prepaid Mastercard® Fee Schedule (Central Bank of Kansas City) Privacy Notice (Central Bank of Kansas City) Electronic Communications Agreement (Central Bank of Kansas City) Simple Credit Contract (Fiado S.A.) Contract for the Issuance and Commercial Deposit of Electronic Payment Funds (Pago ConFiado) Comprehensive Privacy Notice (Fiado S.A.) Card Usage Policies (Fiado S.A.) |
- Identification of parties
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- “User” or “you” (and “your”) means you, as user of the Services (especially, but not limited to the Fiado App), as responsible party for use of the Services.
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- “Fiado” means Fiado, Inc. and any of its Affiliates, as may apply.
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- Definitions
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- “Account” or “Accounts” means one or more payment accounts, established by Fiado (itself, or through its banking partners) denominated in U.S. Dollars if established in the U.S., or denominated in Mexican pesos, if established in Mexico, in which your funds are held, and are made available for use within the Services.
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- “Affiliates” means entities under the control of Fiado, Inc. (including Fiado SA and Pago ConFiado IFPE).
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- “Agreement” means these Fiado App Terms & Conditions.
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- “Fiado App” means a smartphone application (for Apple or Android smartphones) that is a user interface between you and Fiado and that allows you, as an individual consumer, to use the Services for which you are an eligible and approved Fiado User. Under no circumstances may you access the Fiado App or use the corresponding Services when you are physically present in any country that is, at that moment, included in the “Active Sanctions Programs” of the U.S. Treasury Office of Finance and Asset Control (OFAC) (the list of those countries can be found here) or as otherwise determined by Fiado or its partners.
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- “Fiado, Inc.” means FIADO, INC. the U.S. corporate entity that owns and manages: the Fiado App; the Platform; the brands, service marks, trademarks, trade dress, logos, and all other intellectual property that is involved in the provision of the Services; and all Services based in the U.S.
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- “FiadoMX”SM means the part of the Services provided by Fiado SA, all of which are transacted in Mexican pesos. To be eligible for FiadoMX Services, you must be (i) a legal resident of Mexico, or a Mexican national (regardless of residence), and (ii) 18 years of age or older.
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- “Fiado SA” means FIADO S.A. DE C.V., one of the Affiliates that provides Services based in Mexico.
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- “Fiado User” is the status you receive once Fiado approves your request to access the Fiado App. Fiado reserves the right, in its exclusive discretion, to approve or deny any request to become a Fiado User, for any reason.
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- “Pago ConFiado IFPE” means PAGO CONFIADO, S.A. DE C.V., INSTITUCIÓN DE FONDOS DE PAGO ELECTRÓNICO, one of the Affiliates that provides Services based in Mexico.
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- “PagoMX”SM means that portion of the Services comprising digital wallet services provided by Pago ConFiado IFPE in Mexico all of which are transacted in Mexican pesos. To be eligible for PagoMX Services, you must be (i) a legal resident of Mexico, or a Mexican national (regardless of residence), and (ii) 18 years of age or older.
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- “Pay ConFiado”SM means the part of the Services connected to the Account and the U.S. Card, all of which are transacted in U.S. Dollars. To be eligible for Pay ConFiado Services, you must: be 18 years of age or older; have an address in the U.S.; be present in the U.S., Mexico, or a non-sanctioned country at the moment of establishing User Credentials; provide a copy of an acceptable, current, valid government-issued photo ID; provide an acceptable, valid unique government-issued identification number; provide a video of your face that shows you are a live person and that matches the photograph in your government-issued photo ID; provide a valid cellular telephone number operating on a carrier in the U.S. or Mexico; and accept all terms and conditions, and acknowledge all legal notices and disclosures set forth at https://yoconfiado.com/avisos-legales/.
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- “Platform” means the technology platform developed, owned, and managed by Fiado, Inc. through which all the Services are provided and which you access from the Fiado App.
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- “Services” means all of the functions and features of the services made available to you by Fiado once you are approved as a Fiado User. Depending on your Fiado User Credentials, you may be eligible to use (i) Pay ConFiado Services only, or (ii) Pay ConFiado Services together with FiadoMX Services and PagoMX Services, or (iii) PagoMX Services only. The Pay ConFiado Services will be provided by Fiado, Inc., its vendors or partners; FiadoMX Services will be provided by Fiado, SA; and PagoMX Services will be provided by Pago ConFiado IFPE (both Fiado, SA and Pago ConFiado IFPE are Affiliates of Fiado, Inc. in Mexico) and their respective vendors or partners. Details about individual Services can be found below and in the other agreements between you and Fiado, Inc. or its Affiliates, all of which can be accessed on the Fiado App or the Webpage.
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- “U.S. Card” means a prepaid Mastercard® , issued by either Central Bank of Kansas City or Patriot Bank, N.A., subject to their respective Cardholder Agreements and other agreements and disclosures provided by them, which are available on the Fiado App or on the Webpage.
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- “User Credentials” refer to information collected on the Fiado App necessary to identify you, to verify your identity, and to determine your eligibility to use the Services.
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- “Webpage” means the website https://yoconfiado.com/.
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- Creating User Credentials and applying to become a Fiado User
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- When you are applying to become a Fiado User, the Fiado App will collect necessary information to identify you, to verify your identity, and to determine your eligibility for the Services, and Fiado may, from time to time, request additional information or re-verify the information you have already provided.
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- The initial information collected may include, without limitation: your complete legal name (as it appears on your government-issued identification documents); your wireless/ cellular/mobile phone number; your user-defined password; your date and country of birth; the geolocation of the device you are using to access the Platform; the brand and model of the device you are using to access the Platform; biometric data (such as photos or videos of your face for facial recognition, recordings of your voice for voice recognition); unique government-issued identification numbers; photos or scans of your government-issued identification documents, your residential address(es) in Mexico and/or in the U.S., and account information with other financial institutions and services providers in Mexico and/or in the U.S.. This information will be stored as encrypted data on Fiado’s Platform for as long as you remain a Fiado User, or for as long as may be required under Fiado’s documents retention policy, or as required by law, whichever requires a longer period of retention.
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- You represent and warrant that:
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- The User Credentials you provide to Fiado when applying to become a Fiado User and at all other times will be true, accurate, current, and complete. If your information changes, ESPECIALLY YOUR WIRELESS/CELLULAR/MOBILE TELEPHONE NUMBER, you must promptly update your information with Fiado, either on the Fiado App, or by contacting Customer Care through the methods provided below. Failure to update your information may be a material breach of this Agreement and may impact your use of the Platform and Services or result in the suspension or termination of your status as a Fiado User and closure of your Account(s).
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- Access to Your Device. The Fiado App may request to access various functions of your wireless/cellular/mobile device (for example, the built-in camera, microphone, or GPS). You agree to grant access in all cases.
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- Push Notifications. By accepting and agreeing to this Agreement, you agree to receive push notifications from us on your wireless/cellular/mobile device.
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- Updates. From time to time, Fiado may automatically update the version of the Fiado App (“Updates”) on any device(s) you are using to access the Fiado App. Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins, and new versions of the Fiado App. By installing the Fiado App, you authorize the automatic download and installation of updates and agree to download and install updates manually if necessary. You also acknowledge and agree that you will use the most recent versions of the operating system and drivers for each and every device you use to access the Platform.
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- User Conduct. You agree that you are responsible for your own conduct while using the Fiado App, Platform, or Services and for any consequences arising from your conduct. Likewise, you are responsible for the conduct of anyone whom you allow to use the Fiado App, Platform, Services, or your User Credentials, either knowingly or negligently. You agree to use the Fiado App, Platform, and Services only for purposes that are legal, proper, respectful, and in accordance with this Agreement, the Total Services T&C, any other agreements between you and Fiado, and with any applicable laws, regulations, rules, policies, or guidelines (including any usage rules set forth from time to time in terms of service of the online application stores – for example, Apple App Store and Google Play). By way of example, and without limitation, you agree that when using the Fiado App, Platform, or Services, you will not: (i) enter, store, or transmit any information or material that may impair, overburden, damage, disable, compromise, interfere with, or disrupt the integrity or performance of the Fiado App, or Platform, or of any other party’s use and enjoyment of the Platform, the Services, or the Fiado App; or of the services and products of any third parties; or (ii) use any robot, spider, site search/retrieval application, or other device or method to retrieve, extract, index, copy, or embed any portion of the Fiado App or Services, or collect information regarding any of them or regarding any authorized user of any of them, or regarding any customer, partner, or third-party contractor of Fiado, for any unauthorized purpose.
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- Language. This Agreement and other documents provided to you by Fiado from time to time will be provided in English and in Spanish. For terms pertaining to Services based in the U.S., the Fiado App, or any of the intellectual property related to any of them, the English version controls, and any discrepancy or conflict between the English version and the Spanish version will be resolved giving preference to the English version. For terms pertaining to Services based in Mexico, the Spanish version controls, and any discrepancy or conflict between the English version and the Spanish version will be resolved giving preference to the Spanish version
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- Governing Law and Jurisdiction
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- This Agreement shall be governed by and construed in accordance with the laws of the State of New York, United States of America without giving effect to the conflict of laws principles thereof.
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- Any disputes or claims arising out of this Agreement shall be heard in arbitration or in a court having jurisdiction in the City and State of New York, United States of America.
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- Reservation of Rights. As allowed by law, Fiado may add or remove, suspend, terminate, temporarily disable, or permanently discontinue any and all functionality, or impose conditions on the Fiado App, the Platform, or any feature or aspect of a Service, at any time without notice and with no liability to you. Fiado will take reasonable steps to notify you of such changes; however, if the change is made for security purposes, or to comply with laws or orders of competent authorities having jurisdiction, Fiado can implement such change without prior notice. In addition to push notifications sent to your wireless/cellular/mobile device, SMS text messages sent to your wireless/cellular/mobile device, messages sent to your wireless/cellular/mobile device on a messaging app, or printed mail delivered to the residential address provided by you, notifications, and the most current versions of all agreements and disclosures provided to you by Fiado are available for your review on the Fiado App or the Webpage.
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- Intellectual Property Rights.
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- You hereby acknowledge that Fiado, Inc. owns all rights, title, and interest in and to the Fiado App, the Platform, and the Webpage (collectively, for the purposes of this section, the “Software”), and to any and all proprietary and confidential information contained therein which are protected by applicable U.S. and international laws (and treaties pertaining to them), including, without limitation, patent law, copyright law, trade secret law, trademark law, and unfair competition law, and any and all applications, renewals, extensions, and restorations for such protections, now or hereafter in force and effect worldwide. Unless Fiado expressly consents in writing, you agree that you will not (and will not allow any third party to) (i) modify, adapt, translate, or prepare derivative works from (e.g., screen scraping), or decompile, reverse engineer, reverse compile, or disassemble the Software, or otherwise attempt to derive source code from the Software; (ii) copy, embed, distribute, transfer, sell, or license the Software; (iii) take any action to circumvent, compromise, or defeat any security measures implemented in the Software; (iv) remove, obscure, or alter Fiado’s (or any third party’s) proprietary rights notices in the Software.
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- The Fiado names and logos are service marks or trademarks of Fiado, Inc., and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Fiado, Inc. In addition, all page headers and page footers, custom graphics, button icons, and scripts found in the Software are service marks, trademarks, or trade dress of Fiado, Inc., and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Fiado, Inc.
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- Confidentiality and Privacy Policy
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- Fiado acknowledges that your personally identifiable information (including financial, biometric, and other identity information) needs to be kept confidential and that U.S. federal (for example, the Gramm-Leach-Bliley Act) and state laws and regulations require us to protect that information in various ways. Fiado’s confidentiality obligations to you and privacy policies are contained in the Pay ConFiado Privacy Policy, available on the App or on the Webpage, which is incorporated herein by reference.
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- Security. You agree: (i) not to knowingly or through your negligence allow anyone else access to your User Credentials or your Account(s); and (ii) you will be solely responsible for any activities or actions taken because of such access as a result of your breach of this obligation. Please notify us immediately of any suspected unauthorized use of or access to your User Credentials or your Account(s).
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- Suspension and Termination.
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- Fiado reserves the right to suspend, revoke, or terminate your status as a Fiado User and your User Credentials, and to limit your access to certain functionality of the Platform and your use of the Services at any time, to the extent permitted by law, without the obligation to provide to you advance notice or explanation of such action.
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- Termination of any User Credentials or Account(s) will not affect any of Fiado’s rights or your obligations arising under this Agreement or any other agreement between you and Fiado prior to termination.
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- Disclaimer and Limitation of Liability
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- YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE FIADO APP, PLATFORM, AND SERVICES IS AT YOUR SOLE RISK AND UNDER NO CIRCUMSTANCES WILL FIADO BE LIABLE FOR (AND YOU RELEASE FIADO FROM, AND WAIVE ANY RIGHTS TO BRING ANY CLAIMS FOR, ANY LIABILITIES ARISING FROM) ANY CODE OR CONTENT THEREIN, INCLUDING ANY ERRORS OR OMISSIONS IN ANY CODE OR CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE FIADO APP OR THE PLATFORM.
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- THE SERVICES AND CONTENT (INCLUDING THAT OF THIRD PARTIES) AND ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED THEREIN, ARE PROVIDED FOR YOUR CONVENIENCE ONLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIADO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND CONTENT, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FIADO AND ITS CONTRACTED THIRD PARTIES MAKE NO WARRANTY, REPRESENTATION, OR GUARANTEE THAT (I) THE FIADO APP OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH YOUR USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR WIRELESS/CELLULAR/MOBILE DEVICE OR COMPUTER SYSTEM, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIADO OR ANY OF ITS CONTRACTED THIRD PARTIES, THROUGH OR FROM THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
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- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER FIADO NOR ITS CONTRACTED THIRD PARTIES NOR ANY OF THEIR RESPECTIVE AFFILIATES OR AGENTS, WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF FIADO OR ITS CONTRACTED THIRD PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE PLATFORM OR THE SERVICES; (II) THE COST OF GETTING SUBSTITUTE SERVICES, (III) ANY PRODUCTS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE PLATFORM; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANYONE ON THE PLATFORM; (VI) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF ANY THIRD-PARTY SOFTWARE, EVEN IF FIADO AND ITS CONTRACTED THIRD PARTIES WERE ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (VII) ANY OTHER MATTER RELATING TO THE SERVICES.
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- Indemnification. You agree to protect and fully compensate Fiado and Affiliates from any and all third-party claims, liability, damages, expenses, and costs (including but not limited to reasonable attorney’s fees) caused by or arising from your use of the Fiado App, the Platform, and the Services, your violation of these terms, or your infringement (or infringement by any other user of your User Credentials or Account) of any intellectual property or other right of anyone.
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- Dispute Resolution.
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- Notwithstanding anything to the contrary in this section, and for the purposes of interpreting this section, it is expressly acknowledged and agreed that the terms “dispute” and “claim” do not include card transaction disputes, which are solely governed by the cardholder agreement between you and the bank that issued your U.S. Card.
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- Good Faith Effort to Cooperate. Before any claim or dispute is commenced in a formal proceeding, you and Fiado agree to attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve the claim or dispute informally and amicably. Both parties recognize that this is an important requirement, and that breach of this requirement would be a material breach of this Agreement. To provide this opportunity, before commencing any arbitration or suit, each party agrees to send to the other party a written notice of the claim or dispute, providing sufficient detail to allow the party receiving the notice to address the substance of the claim or dispute and to propose steps to resolve the same. Any notice to Fiado should be sent according to the section “Contact Us” below, or as is provided on the Fiado App. Any notice sent to you will be sent by one or more of the following methods: (i) by printed mail to the physical address provided in your User Credentials; (ii) by SMS text message to your wireless/cellular/mobile phone, (iii) by live, pre-recorded, or automatic telephone call to the wireless/cellular/mobile phone number you provided in your User Credentials, or (iv) via secure messaging application (e.g., WhatsApp). If no informal resolution is reached within sixty (60) calendar days after the notice is given, you and Fiado agree that the dispute will be submitted to binding arbitration by a single neutral arbitrator administered by the American Arbitration Association.
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- Non-Disparagement. Recognizing the mutual commitment of good faith dealings in the previous paragraph, in the event of any claim or dispute between you and Fiado, you and Fiado agree that, during the dispute resolution process described above, neither you nor Fiado will make any public or publicly available statements disparaging the other.
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- ANY ARBITRATION UNDER THIS AGREEMENT WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST FIADO.
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- Entire Agreement. This Agreement expresses the entire agreement between you and Fiado, and it supersedes all prior agreements, oral or written, as to its subject matter.
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- Invalidity. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force.
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- Modifications. Fiado may modify this Agreement from time to time and, except as otherwise required by law, without the obligation to provide to you advance notice of such action. The current version of this Agreement and of any other agreements or disclosures between you and Fiado can be viewed on the Fiado App or the Webpage. By accessing or using the Fiado App, the Platform, or the Services following the effective date of any modification, you accept and agree to be bound by the terms and provisions of such modification, regardless of whether or not you were aware of the changes.
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- Contact Customer Care:
by phone in the U.S. 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 |
