TERMS AND CONDITIONS

1. WHAT IS DAGUR PAY

DAGUR PAY es el signo distintivo depositado bajo el que opera DAGUR PAYMENTS S.A.S., sociedad comercial, legalmente constituida bajo las leyes de la República de Colombia, (en adelante “DAGUR PAY”), cuyo domicilio principal en la ciudad de Bogotá D.C., Colombia, y que está vigilada por la Superintendencia de Sociedades de Colombia.

Los presentes términos y condiciones regulan la relación contractual vinculante entre las personas naturales y jurídicas que desde cualquier país del mundo accedan o utilicen cualquiera de los servicios tecnológicos ofrecidos por la plataforma DAGUR PAY (en adelante la “Plataforma”). Los presentes términos y condiciones igualmente hacen parte integral de los Contratos que suscriba DAGUR PAY con terceros.

2. SERVICES OFFERED BY DAGUR PAY

DAGUR PAY is a technology company that provides technological services such as transfers, collections, payment initiation, and general payments, all through a technological and digital Platform, without public resource collection. These services are made available by DAGUR PAY to Customers, who must use them in accordance with these terms and conditions, contracts, regulations, policies, annexes, agreements, and DAGUR PAY’s particular provisions. In any case, the terms and conditions should be interpreted alongside other referenced documents. The services will be provided and available in the Republic of Colombia and the United States of America.

3. DEFINITIONS

3.1. General Definitions:

Agreement or Terms and Conditions: Refers to these Terms of Service and their annexes, Purchase Orders, and Contracts signed between the Customer and DAGUR PAY.

Contract: The agreement between DAGUR PAY and the Customer to use the Platform, with obligations established in these Terms and Conditions, annexed documents, and independent contracts, regulations, and policies.

Account: The profile created by the Customer within the DAGUR PAY Platform that grants access to contracted services.

User or Users: Access profiles to the Account created by each Customer, assigned with a username, password, and specific permissions to use the Account’s functionalities. The User must comply with the Contract and the Terms and Conditions. “User” also refers to the Customer.

DAGUR PAY Platform: Includes any data, images, text, and content, including but not limited to, software, application interfaces, tools, or other information provided, made available, and/or integrated into the Customer’s software by DAGUR PAY and accessed by the Customer through DAGUR PAY’s website/application, API, or SDK, through which Services are provided.

Inactive Account: An account suspended due to delinquency or other valid reasons as per these Terms and Conditions or not used for three (3) continuous months.

Closed Account: An account terminated by the User or DAGUR PAY.

Services: Collectively, all services offered on the DAGUR PAY Platform, such as executing collections and transferring funds to third parties, providing on-demand technological platform services, and technological services.

Messages or Notifications: Informational bulletins sent to Users who have registered their emails, containing marketing content, offers, promotions, statements, and notices.

Related Third Parties: Individuals or entities with some form of contractual relationship with DAGUR PAY, including but not limited to employees, ex-employees, candidates, contractors, subcontractors, suppliers, consultants, shareholders, and others.

Payment Management: The activity of initiating a transfer or payment, receiving, disbursing, rejecting, reversing, or holding funds from Customer-initiated transactions.

Intellectual Property on Platform Use: DAGUR PAY’s trademarks, which may only be used with express written permission from their owner. Users are prohibited from altering, distributing, or using any intellectual property found on the Platform.

Access Tools: Digital tools provided by DAGUR PAY to enable the acceptance of payment methods.

Payment Instruments: Payment mechanisms associated with a payment method to issue payment or fund transfer orders.

Collection: An interoperable, immediate service allowing financial transactions between cards.

4. INTERPRETATION

For the interpretation of these terms and conditions, the following rules apply:

Terms with an initial capital letter will have the meaning assigned in Section 3.
Singular terms also include the plural and vice versa, when required by context.
Undefined terms are understood according to their technical meaning or common usage.
References to applicable laws or legal provisions include all additional, extended, consolidated, modified, or replaced laws or provisions and any related orders, regulations, or instruments.

5. SCOPE OF THE TERMS AND CONDITIONS

These terms and conditions form the Contract governing the provision of Services through the Platform and are binding. If an individual does not agree to these terms and conditions, they must refrain from using the Platform and/or Services.
Before using the Platform, it is recommended to fully read these terms and conditions, which govern the legal relationship with DAGUR PAY. By accepting them, you acknowledge that they govern the use of the Services, the Platform, and the tools provided by DAGUR PAY.

6. DECLARATIONS BY DAGUR PAY

Depending on the type of service contracted, DAGUR PAY may act as (i) a service enabler for electronic transfers or local/international payments, (ii) a service provider for transfers, payments, and collections; (iii) a provider of technology services granting access to the transfer and collection system; (iv) a provider of services such as transfer management, payments, technological solutions, data analytics, and related services; and (v) a payment initiation service provider, in compliance with the necessary authorizations. Additional services related to the above may also be provided.

AT DAGUR PAY:

We do not engage in financial activities or postal or stock market services.
We do not collect public resources or accept bank deposits. We do not hold any funds during transactions, nor do we manage or reconcile them.
Services are provided to enable Customers to make and receive payments, according to the conditions outlined in this document.
We are not involved in contracts, agreements, or legal relationships between Customers and third parties with whom they have business relationships.
Payments or collections resulting from the commercialization of goods or services offered by Customers or to Customers are not guaranteed, backed, or sponsored by DAGUR PAY.
We cannot guarantee the permanent availability of Services at all locations or times, nor guarantee that there will be no interruptions, errors, or defects. We also cannot promise absolute security or affirm that any error or defect will be immediately corrected. However, our support channels will be available to assist with and address any potential contingencies.
We comply with the security standards required by Colombian regulations and the international payments industry.

7. DECLARATIONS BY USERS AND CUSTOMERS

I have full legal capacity to contract and bind myself in the capacity in which I act.
I acknowledge and accept the authorizations granted under these Terms and Conditions, which will remain in effect until the Services are canceled.
All information, documents, and data I have provided or will provide are true, authentic, accurate, and verifiable. I also commit to updating the information at least once a year or whenever there is a change in the information, or when requested by DAGUR PAY.
I acknowledge and accept DAGUR PAY’s Personal Data Processing Policy published here https://dagurpay.com/en/personal-data-processing-policy/
I acknowledge and accept that, at any time, DAGUR PAY may verify with Information Centers, Credit Bureaus, Open Banking entities, or any other entity managing or administering databases, whether national or foreign, any information related to financial, commercial, moral solvency, and past, present, and future creditworthiness.
I possess all the necessary operational permits required for my activity or social purpose and therefore assume full responsibility for failing to obtain these permits.
I acknowledge and accept that this legal relationship is of a commercial nature.
I acknowledge and accept that DAGUR PAY reserves the right to remove or add payment methods, transfer services, and collection services temporarily or permanently, at any time and without prior notice.
I acknowledge and accept that DAGUR PAY reserves the right to reject, at its discretion, the application for DAGUR PAY Customer registration and use of Services.
I acknowledge and accept that these Terms and Conditions are available electronically and that my electronic acceptance and all records of activity within the DAGUR PAY Platform may be used by DAGUR PAY before administrative or judicial authorities as evidence of the existing legal relationship under applicable regulations.
I will immediately notify DAGUR PAY of any misuse of the Platform by a User, as well as any current or potential security violation or unauthorized access to the Platform or account information.
I will inform individuals who have access to the Account through a User about these Terms and Conditions, and it will be my exclusive responsibility to safeguard Users and access credentials and ensure their security.
I will not use the Platform for illegal purposes, nor should I send, publish, promote, or transmit any illegal, hostile, defamatory, abusive, threatening, harmful, vulgar, obscene, hateful, racial, ethnic, or any other objectionable material of any kind or nature, liable for any damage, corruption, or breach resulting from the violation of the provisions of this clause before DAGUR PAY or third parties.

8. SCOPE OF SERVICES

DAGUR PAY may independently or jointly provide the following services to the Customer, none of which will involve holding the resources or funds transacted through the Transfer system.

8.1. Payment Initiator

As a Payment Initiation Services Provider, DAGUR PAY will provide Customers and Users with technology for payment access through different technological methods. Through this service, the Customer or User authorizes DAGUR PAY to initiate fund transfers from their bank accounts. This service will be provided in accordance with Colombian regulations, particularly Decree 2555 of 2010, Decree 1692 of 2020, and Decree 1297 of 2022.

8.1.1. Dispersion Service

As a Dispersion Service Provider, DAGUR PAY acts as a provider of payment access technologies for the Customer with the purpose of: (i) Connecting the Customer to the Colombian low-value payment system and other necessary systems or channels for providing its services; (ii) Processing and handling payment orders or fund transfers initiated through the access technologies; (iii) Facilitating connections via API, providing access to the control dashboard, or other means, as applicable; (iv) Facilitating technological connections with different financial entities.

8.1.2. Collection Service

As a Collection Service Provider, DAGUR PAY acts as a provider of payment access technologies for the Customer with the purpose of: (i) Connecting the Customer to the Colombian low-value payment system or any other applicable system; (ii) Facilitating collection through access technology; (iii) Facilitating connection via API, SDK, or providing access to the control dashboard, as applicable.

In this mode, the Customer will provide Users with the collection service, allowing them to perform collection transactions with direct account credits. To issue payment orders, Users must accept DAGUR PAY’s terms and conditions and applicable regulations.

8.2. Franchise Network Services Enabler

DAGUR PAY acts as a Payment Facilitator (PayFac) certified by Visa, allowing us to offer third-party payment processing solutions under the highest security and compliance standards required by Visa. As an authorized PayFac, we are committed to complying with all regulations, policies, and requirements established by Visa for the enablement and operation of payment services to our users and merchants. Under this system, DAGUR PAY offers debit-to-debit card transfers for Customers and Users within Colombia.

This compliance includes, but is not limited to:

Rigorous identity verification and risk assessments for merchants incorporated into our platform.
Implementing processes to ensure transaction integrity and fraud protection.
Compliance with data security standards, including the Payment Card Industry Data Security Standard (PCI DSS), to ensure the protection of sensitive information.
Adopting measures for preventing and detecting money laundering and terrorism financing, in compliance with applicable laws and Visa’s guidelines.

Under this model, services will be subject to the terms, conditions, mandates, rules, and policies of the Visa and Mastercard franchise networks, as applicable. Therefore, services will be contingent at all times on the enablement and compliance required by the franchise networks.

8.3. International Remittance Services

DAGUR PAY offers international remittance services from the United States to Colombia, fully complying with all applicable regulations and laws in both countries. We are committed to strict adherence to the following aspects:

Regulatory and Exchange Controls: We comply with the regulatory and exchange controls established by the competent authorities in Colombia and the United States, ensuring the proper channeling and reporting of transactions in accordance with applicable laws and regulations.

Tax Obligations: We adhere to the corresponding tax obligations in both countries, ensuring that all remittance operations are conducted with full respect for the applicable tax regulations, both for the Fintech and our Customers.

Know Your Customer (KYC): We implement rigorous Customer verification processes, including identity verification and risk assessments, in accordance with KYC regulations in Colombia and the United States, to prevent fraud and ensure transparency in transactions. transacciones.

Prevención del Lavado de Activos y Financiación del Terrorismo (PLAFT): Cumplimos estrictamente con las leyes y normativas relativas a la Prevención del Lavado de Activos y Financiación del Terrorismo en Colombia y Estados Unidos. Esto incluye la implementación de políticas internas, controles y procedimientos diseñados para identificar, mitigar y reportar actividades sospechosas en línea con las mejores prácticas internacionales y las directrices emitidas por las autoridades competentes.

8.4. Specific Conditions for All Services

As a Dispersion Services Provider, DAGUR PAY establishes the following service conditions:

(i) DAGUR PAY commits to immediately crediting funds to third parties, provided the transaction is approved.
(ii) DAGUR PAY commits to complying with all security and regulatory standards set by banks and current regulations.
(iii) The Customer, to use this service, declares that they have no outstanding debts with any financial institution and no reports of canceled credit cards or bank accounts.
(iv) The Customer commits to maintaining the functionality of the technological connections provided by DAGUR PAY and their features, avoiding any alteration, leakage, modification, or disabling of them.
(v) The Customer commits to complying with all security measures required by financial institutions and current regulations.
(vi) The Customer commits to taking all reasonable precautions to protect Confidential Information.
(vii) The Customer commits to safeguarding the keys, credentials, software, guides, and accesses provided by DAGUR PAY, in line with the privacy and security standards set out in this document.
(viii) The Customer commits to ensuring that all transactions comply with the applicable laws of the Republic of Colombia.
(ix) The Customer commits that the platform or service provided by DAGUR PAY will not be used for illegal purposes, for facilitating fraudulent activities, or for financing terrorism and money laundering.
(x) DAGUR PAY reserves the right to conduct cybersecurity investigations and forensic analyses when deemed necessary.

8.5. Specific Conditions for Collection Services:

As a Collection Provider, DAGUR PAY establishes the following service conditions:

(i) DAGUR PAY commits to crediting funds to the Customer’s account, provided the transaction is approved.
(ii) DAGUR PAY commits to complying with all security and regulatory standards set by banks and current regulations.
(iii) The Customer, to use this service, declares that they have no outstanding debts with any financial institution and no reports of canceled credit cards or bank accounts.
(iv) The Customer commits to maintaining the functionality of the technological connections provided by DAGUR PAY and their features, avoiding any alteration, leakage, modification, or disabling of them.
(v) The Customer commits to complying with all security measures required by financial institutions and current regulations.
(vi) The Customer commits to taking all reasonable precautions to protect Confidential Information.
(vii) The Customer commits to safeguarding the keys, credentials, software, guides, and accesses provided by DAGUR PAY, in line with the privacy and security standards set out in this document.

(viii) The Customer commits to ensuring that all transactions comply with the current laws of the Republic of Colombia.

(ix) The Customer commits that the platform or service provided by DAGUR PAY will not be used for illegal purposes, to facilitate fraudulent activities, or for financing terrorism and money laundering.

(x) DAGUR PAY reserves the right to conduct cybersecurity investigations and forensic analyses when deemed necessary.

9. TARIFAS

The fees will be those specifically agreed upon between DAGUR PAY and each Customer through a contract. These fees may change unilaterally by DAGUR PAY at any time, for which DAGUR PAY will inform the Customer, and the Customer may choose to accept or decline. If not accepted, the Customer may voluntarily terminate the contract within the next thirty (30) calendar days.

Late payments by the Customer will generate late interest at the highest rate permitted by law in Colombia.

9.1. Deductions

For certain operations and as agreed upon in each Contract, the respective Deductions will be applied to the gross Income of the transaction; therefore, the Customer will receive the net Income. In any case, we are entitled to make any necessary adjustments for improperly or uncollected Deductions at any time. Deductions include fees, financial costs of disbursements, reversals, taxes, amounts for operational errors, or any other operation as permitted by law.

9.2. Processing Limits

Based on the Customer’s profile and business evaluation, DAGUR PAY reserves the right to establish processing limits for the Customer. This criterion may be objective or subjective.

The Customer may also have processing limits set by their bank, which will depend on the selected service. In these cases, it is important to note that DAGUR PAY will have no influence or control over these limits, as they are set by the bank.

10. ACCOUNTS

10.1. Creation

Only natural or legal persons domiciled in Colombia and who have not previously been subjected to Suspension or Permanent Cancellation by us may register. To create an Account, the data requested by the Platform must be provided. Once registered, the login details will be the email address and a password and/or other credentials that may be implemented in the future, which will always be required to access the Account. When the Account is first created, it will be in a registration state, and no transactions can be made until the account activation process is completed, as explained below.

Under no circumstances will the Account be considered a bank account, deposit account, or a service that provides any financial service. The Account includes a dashboard where, among other options, you can view Income, balances, transaction history, and activate Access Tools. We may send transaction confirmation to the provided email address, as well as transaction reports for a specified period.

Account Activation To use the Services, the Account must be “Active.” To activate, all personal and business information requested in the linking form must be completed. Additional information or documents may be requested at any time. The account activation will depend on an identity validation process. The User or Customer may not transfer the account or the specific Contract without the prior and express authorization of DAGUR PAY.

10.2. Inactive and Closed Accounts

Accounts of Users that have been inactive for a period of three (3) or more months will be considered inactive. DAGUR PAY may unilaterally close accounts deemed inactive, without the user’s approval, after one (1) year has passed since they were identified as such.

DAGUR PAY will implement a procedure to verify the inactivity of the Account and will make reasonable efforts to investigate the reasons for the inactivity.

10.3. Account Cancellation

Users may cancel their Account at any time through the Platform. To contact DAGUR PAY for the purpose of canceling the Account, a request may be submitted to the following email: juan.perez@dagurpay.com. The User may close their account as long as:

There are no outstanding obligations with DAGUR PAY.
All disputes or pending issues are resolved.
The User is in good standing with DAGUR PAY in all respects.

DAGUR PAY may unilaterally cancel the Account definitively if the User breaches these Terms and Conditions or the specific Contract they have signed.

10.4. Right to Deny Service

DAGUR PAY may cancel, deactivate, and/or limit access to the Account for the following reasons:

If the User is suspected of violating these Platform terms and conditions.
If the User and DAGUR PAY attempt to renegotiate financing terms for products and/or services to be acquired, attempting to finalize the transaction outside the Platform.
If the User has allegedly engaged or is engaging in fraudulent or illegal activities.
If the User fails to respond to requests from the Platform to verify and authenticate their Account and identity.
If the User disregards applicable legal regulations.
If the User is delinquent in their obligations to DAGUR PAY.
If the User is listed on any restricted list and/or there is a condition that triggers an alert from the Anti-Money Laundering and Terrorism Financing Risk Management System (SARLAFT).

If the account closure occurs due to a violation of these Terms and Conditions or the aforementioned points, the User may be held responsible for any damages caused to DAGUR PAY due to their actions.

11. CAPACIDAD

The User will not be able to use the Services, the Platform, access the content offered, or act in their capacity as a User if:

They are underage according to the laws and regulations of their country.
They do not have the legal capacity to conduct business and sign contracts.
They are legally restricted from entering contracts under applicable law.
Their Account on the Platform has been deactivated, limited, or closed.

Natural persons using the Platform as representatives of legal entities will be responsible for the Account and all obligations inherent to it. They also declare that they have the authority to bind the legal entity they represent, or otherwise, they will be personally, jointly, and unlimitedly responsible for all obligations arising from the legal relationship created through the use of the Platform.

DAGUR PAY may, at its absolute discretion, deny any person registration on the Platform and will not be obligated to provide a reason for its decision, as well as limit, deactivate, and/or cancel the account.

Transactions conducted on the DAGUR PAY Platform are considered bilateral, consensual, and between professionals; therefore, there is no consumer relationship within the terms of Law 1480 of 2011 – Consumer Protection Statute.

12. IDENTITY VALIDATION AND ACCURACY OF INFORMATION

To ensure the security of Platform Users and as an active preventive measure against money laundering and terrorism financing, Users of the Platform must provide verifiable information to certify the identity of each User who decides to use the Services offered by DAGUR PAY. This information will be stored on DAGUR PAY’s servers and/or authorized third parties.

During the Client onboarding process, DAGUR PAY may require biometric information for the purpose of verifying each Client’s identity.

Users are responsible for the truthfulness, quality, and accuracy of the data registered on the Platform and for the consequences of providing incorrect, partial, incomplete, misleading information, or information without the legal authorization of the owner. Users may not:

Provide incomplete, defamatory, inaccurate, outdated, or false information.
Include information and material that is obscene, abusive, threatening, or offensive to any other User or entity.

13. PLATFORM USAGE WARNINGS

The following actions are prohibited for all Platform Users:

Publishing inappropriate content or content that offers services independent of those provided by our Platform.
Violating laws, public order, the rights of third parties, and/or DAGUR PAY’s policies.
Failing to meet payment obligations acquired through any of the financial solutions offered by DAGUR PAY.
Publishing false, inaccurate, misleading, unoriginal, defamatory, or offensive content.
Transferring the DAGUR PAY Account and Username to a third party without DAGUR PAY’s consent.
Publishing spam, unsolicited emails, or segmented electronic communications, as well as content related to pyramid schemes.
Sending viruses or other technologies that may harm the Platform, other Users, or using technology that is illegal, threatening, abusive, defamatory, invasive of privacy, vulgar, or mechanisms that may harass, cause harm, or incite hatred towards any person.
Publishing information related to advertisements from other websites without prior and express written permission from DAGUR PAY.
Using software intended to modify, translate, adapt, edit, decompile, disassemble, or reverse-engineer the DAGUR PAY Platform.

14. INTELLECTUAL PROPERTY

The User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, store, create derivative works from, disclose, assign, sell, or commercially use any information, software, products, or services that are part of the Platform, whether owned by DAGUR PAY.

All content on the Platform, including but not limited to photographs, texts, drawings, trademarks, music, software, technical developments, designs, images, and generally any item protected by intellectual property rights, image rights, and/or domain rights (the “Materials”) provided for viewing, use, or download through the Platform, belongs to and will remain the property of DAGUR PAY or third parties who have authorized its inclusion on the Platform. The User acknowledges and agrees that they do not and will not have any rights over the Materials and that any use of the Materials must always be for private, non-commercial use, and must not infringe upon the honest uses of intellectual property law.

The User may not reproduce, disassemble, decompile, or use reverse engineering techniques on the Platform, the Materials, or the Platform’s software and/or Materials. All Materials are protected by national and international intellectual property laws and treaty provisions. By accepting these terms and conditions, the User is clearly and directly informed that the Materials are protected by national and international intellectual property laws, and the User agrees that any use of the Materials outside of the honest uses of intellectual property law constitutes bad faith, with the manifest intent of harming DAGUR PAY or a third party and obtaining personal or third-party benefit.

If the User infringes upon the intellectual property rights of another person, or if DAGUR PAY receives information about a potential infringement of third-party rights, DAGUR PAY is entitled to seek compensation for damages caused to DAGUR PAY as a result of the infringement.

15. PERSONAL DATA PROCESSING AND INFORMATION

To request the Services offered by the Platform, the User must provide personal information that DAGUR PAY will process in accordance with legal provisions and the Personal Data Processing Policy, which can be found at the following link: https://dagurpay.com/en/personal-data-processing-policy/ DAGUR PAY will be the data controller or, where applicable, the data processor. Accordingly, the User guarantees that:

(i) They are solely responsible for managing their personal information. Additionally, they waive any right to judicial or extrajudicial claims, at any time and before any jurisdiction, regarding the use of content, messages, or information sent.

(ii) By accepting these terms and conditions, the User authorizes DAGUR PAY to collect, store, process, update, and use their personal information for the purpose of providing the Services, transferring or transmitting it to third parties, either within Colombia or internationally, without prejudice to the other purposes established in DAGUR PAY’s Personal Data Processing Policy. DAGUR PAY may request the following information: name, surname, physical address, email, age, phone number, employment or professional information for the DAGUR PAY database, and disclose it among Users to facilitate communication and the provision of Services.

Without prejudice to the purposes established in DAGUR PAY’s Personal Data Processing Policy, personal data will be processed to:

Set up, create, and manage the User’s profile on the Platform.
Send information regarding usability, changes, and improvements.
Establish direct contact with DAGUR PAY’s technical or commercial personnel.
Highlight the User in case they are recognized as a featured author.
Include the User within the community through surveys or specialized studies to improve the service provided.
Use commercial, financial, and credit data for processing payment initiation transactions (cash out and cash in) from card to card, monetary compensations of completed transactions, as well as for statistical and control purposes and reporting, when applicable, to regulatory authorities, credit bureaus, and open banking entities to study and analyze the data and its relationships.
Offer new services provided by DAGUR PAY through the Platform.
Study and analyze the information provided for tracking and improving products, services, and customer care.
Send communications via any channel, including but not limited to, social networks, text messages, push notifications, email, telephone calls, etc.
Conduct internal processes for operational development and/or system administration, data science.
Maintain a historical record of information for customer satisfaction by analyzing interests and needs, providing a better service.
Collect, handle, and use the information provided by the data subject for registration as a merchant, supplier, or other.
Collect, handle, and use the information for fraud prevention and control, money laundering prevention.
Collect, handle, and use the information to perform automatic and ongoing credit scoring.
Enter into, execute, and manage business proposals, securities, and contracts related to the services provided.
Provide DAGUR PAY services and monitor based on the specific needs of the data subject to offer appropriate services and products.
Maintain a historical record of information for customer satisfaction analysis, focusing on interests and needs to offer better service.
Perform marketing and sales strategies through user behavior analysis to enhance offers, personalize presentation, and improve service.
Develop business forecasts and market segmentation.
Conduct satisfaction surveys to evaluate the service and care provided through the designated channels.
Conduct studies, queries, analyses, and reports with various credit bureaus and open banking bureaus regarding the data subject.
Undertake necessary activities to handle requests, complaints, and claims from data subjects.
Manage accounting, economic, tax, and administrative tasks.
Transfer and transmit personal data to third-party commercial partners offering their products and services to make contact between the User and the third party more efficient.
Classify and segment the information provided to create profiles that allow for offering advertisements, promotions, and goods from third parties based on the users’ interests.
Conduct debt collection and pre-legal and legal collection activities.

Users must provide their personal information (name, surname, physical address, email, age, among others) through the means determined by DAGUR PAY, in an accurate, precise, and truthful manner (the “Personal Data”) and commit to updating the Personal Data as necessary. Users declare and guarantee that the Personal Data is accurate, truthful, up-to-date, and authentic. DAGUR PAY may disconnect Users at any time and may report any suspected identity fraud by any Users to judicial authorities. Likewise, false registration of Personal Data or any attempt to deceive by any users will also be reported.

By providing their Personal Data, the User is authorizing DAGUR PAY to process their Personal Data in accordance with the purposes established in DAGUR PAY’s Personal Data Processing Policy, which can be found at the following link: https://dagurpay.com/en/personal-data-processing-policy/ Therefore, it will be understood that the User is aware of and accepts the terms of DAGUR PAY’s Personal Data Processing Policy as detailed in the link mentioned above. anteriormente.

Additionally, Users acknowledge that DAGUR PAY’s Personal Data Processing Policy has been made available to them at the following link: https://dagurpay.com/en/personal-data-processing-policy/ and that they are, therefore, familiar with DAGUR PAY’s Personal Data Processing Policies. The User acknowledges and accepts that they have been informed by DAGUR PAY of all their rights as a data subject, such as: (a) free access to their personal data; (b) requesting updates and corrections of their information if it is partial, inaccurate, incomplete, fragmented, misleading, or if processing has not been authorized; (c) requesting proof of authorization granted; (d) filing complaints with the Superintendence of Industry and Commerce; (e) revoking authorization and/or requesting the deletion of personal data, unless there is a legal or contractual obligation to retain the information; and (f) refraining from answering questions about sensitive data or about data concerning minors.

If DAGUR PAY verifies or suspects that the User has contrary intentions to the law, these terms and conditions, and/or good faith, DAGUR PAY will proceed to cancel the User’s Account on the Platform and will be entitled to pursue legal action. DAGUR PAY reserves the right to request any additional documents, evidence, and/or information to verify the accuracy of the Personal Data, as well as to deactivate or ban the User temporarily or permanently from the Platform until their data has been confirmed.

The User will be responsible for all purchases made on and from their Account, as access to it is restricted to entering and using a secret password. DAGUR PAY reserves the right to reject any User or cancel their Account on the Platform without being required to disclose or explain the reasons for their decision, without generating any right to compensation, payment, or reparation. The User must be in full possession of their physical and mental faculties and must comply with all applicable laws.

A User will be deactivated if:

They have carried out, in DAGUR PAY’s judgment, any type of misleading or fraudulent maneuver in the use of the Platform. This decision by DAGUR PAY does not have to be justified.
They have provided any type of false or incorrect information to DAGUR PAY.
The use of software, special systems, or other devices that aim to confuse or deceive DAGUR PAY or other Users of the Platform is strictly prohibited. Similarly, the User is prohibited from using the Platform with more than one type, version, or copy of browsing software at a time. If DAGUR PAY determines that the User has violated any of the rules established in these terms and conditions, the User will be immediately excluded, and the relevant reports will be made to the appropriate authorities.
They have participated in any fraudulent or deceptive activity while using the Platform, or if a potential risk related to money laundering or terrorism financing is detected. This decision does not need to be justified.

If a third party is harmed as a result of the false information and/or fraudulent actions of a User, and this third party makes any type of claim against DAGUR PAY, DAGUR PAY will have the corresponding legal actions against

The User agrees and guarantees to provide truthful, accurate, current, and complete information as requested by DAGUR PAY. The User undertakes to keep their data and information updated and accurate. DAGUR PAY guarantees in all cases the confidentiality and secure handling of the data provided by the User. DAGUR PAY understands that all the information entered by the User is truthful and provided voluntarily. All information provided by Clients, Suppliers, and in general by all Users of the Platform is confidential, and DAGUR PAY commits to protecting this confidentiality with the same diligence it uses to protect its own confidential information. The confidentiality of the information provided may be waived by court order or in the case of a legal provision requiring it.

Users authorize DAGUR PAY, either directly or through third parties, to ask any questions they deem necessary to verify their identity. To this end, the User must provide information about their identity to validate their access, allowing reasonable identification. The User must also take the necessary steps to confirm ownership of their email address, phone number, and the financial instruments about which they provided information, among others.

DAGUR PAY has the ability to verify the information provided by Users against third-party databases or through other types of sources, at any time.

DAGUR PAY reserves the right to cancel, deactivate, or limit access to Accounts, the Platform, and other DAGUR PAY services if it is unable to obtain or verify the information requested during the authentication process to its satisfaction.

Users are warned that if they cannot authenticate their identity within the Platform, they may not be able to access the Services offered on the Platform.

16. EXCLUSION OF WARRANTIES AND LIABILITY RELATED TO THE PLATFORM

DAGUR PAY does not guarantee the compatibility of the Platform, its contents, and Services with any hardware and software. Additionally, it does not guarantee the absence of elements that may cause alterations to the User’s computer system; therefore, DAGUR PAY is not responsible for damages or losses of any nature caused by such events. DAGUR PAY does not guarantee the availability and uninterrupted operation of the Platform, and as a result, any liability for damages or losses suffered by the User or Client, which originate from the lack of availability and/or continuity of the Platform’s operation, is excluded. DAGUR PAY is not responsible for how the User utilizes the Platform.

DAGUR PAY commits to providing the platform’s services in a professional and diligent manner as outlined in these Terms and Conditions. However, DAGUR PAY will not be held liable for any failure or delay in fulfilling its obligations when such failure or delay is the result of circumstances beyond its reasonable control, including but not limited to acts of God, force majeure, communication network failures, third-party actions, regulatory changes, or any other similar event.

In no event shall DAGUR PAY be liable to the user for indirect, consequential, special, incidental, or punitive damages, including but not limited to loss of profits, data, revenue, business, or opportunities, even if DAGUR PAY has been advised of the possibility of such damages. DAGUR PAY’s total liability for any claim related to the services provided will not exceed the total amount of fees paid by the user to DAGUR PAY during the six (6) months preceding the event that gave rise to the liability.

17. ADVERTISING

Unless expressly agreed otherwise, Users are not permitted to advertise on the Platform, whether for other websites or any external sites. It is not permitted to post content or any other type of communication referring to their profile, offers, advertisements, or similar messages.

Content uploaded to the Platform must relate solely to the conditions demanded by the Platform. The content of advertisements, commercials, and other promotions created by the Platform’s promoters and advertisers is protected by copyright, trademarks, distinctive signs, and other intellectual property protection mechanisms.

18. DISPUTE RESOLUTION WITH DAGUR PAY

Any dispute or controversy that arises between DAGUR PAY and the Users regarding the use of the Platform will be resolved directly and amicably between the parties. If within fifteen (15) calendar days following the date on which either party has formally raised the dispute or controversy in writing, it is not possible to reach a direct settlement, such dispute, controversy, or claim that arises from the use of the Platform, from the breach of these terms and conditions, and from any amendments thereto, including specifically their formation, validity, enforceability, interpretation, execution, breach, or termination, as well as any non-contractual claims, will be submitted to the ordinary courts of the Republic of Colombia, unless otherwise specified in the contract signed for the particular case. The dispute, controversy, or claim will be resolved in accordance with the laws of the Republic of Colombia.

All claims directed at DAGUR PAY must be resolved in accordance with these terms and conditions. The resolution of disputes does not negate DAGUR PAY’s right to initiate corresponding actions in case of breaches or damages caused by Users.

19. CURRENCY

The currency used within the DAGUR PAY Platform will be the Colombian Peso (COP).

International Transfers: When sending or receiving money from abroad, the transaction may be conducted in a currency other than Colombian Pesos (COP). However, the final amount will always be converted to Colombian Pesos (COP) using the prevailing exchange rate published by DAGUR PAY. Therefore, a customer in Colombia will always see the money received or deducted from their bank account in Colombian Pesos (COP).

20. COMPUTER SECURITY

Clients and Users of the Platform must immediately report any unauthorized access or security breach of the Platform, their Account, or the services provided by DAGUR PAY and take all possible steps to mitigate the unauthorized access or security breach that occurred. These measures include preserving evidence of what happened and notifying the relevant authorities. The User is solely responsible for the security of their username and password.

DAGUR PAY is not responsible for any loss or damage caused by unauthorized access to a User’s Account, arising from the User’s failure to adhere to the security measures that they must take regarding their Account.

Additionally, Users agree that they will not:

Take actions that impose or could impose an unreasonable or disproportionately heavy load against DAGUR PAY’s infrastructure.
Interfere with the performance of the Platform or cause harm, manipulate, alter, disable, modify, overload, or damage software or a network connected to the Platform or their Account. Nor may they assist anyone in advancing any of these actions.
Interfere or attempt to interfere with the proper functioning of the Platform’s services and tools, or with any activity offered through the Platform’s services or tools.
Circumvent protocols deployed to prevent or restrict unauthorized access to the Platform.

The User agrees to be solely responsible (to DAGUR PAY and third parties) for their use of the Platform and will hold DAGUR PAY, its providers, employees, shareholders, partners, affiliates, representatives, Suppliers, and contractors harmless from this.

The User will not: (i) defame, abuse, harass, stalk, threaten, or otherwise violate the rights of others (such as the right to privacy, intellectual property rights, or other rights) who use the Platform; (ii) create a false identity to mislead other Users or DAGUR PAY; (iii) post, transfer, distribute, or disclose on the Platform any inappropriate, irrelevant, defamatory, obscene, indecent, intimidating, illegal, or violence-inciting topics, names, information, or materials; (iv) post files or other materials on the Platform containing images, photographs, software, or other materials protected by intellectual property rights, privacy rights, or image rights, unless they own or control the relevant rights or have received all necessary consents to proceed accordingly; (v) use any materials, works, or information, including images, texts, and photographs provided through the Platform, in any way that infringes third-party rights; (vi) share files or other materials that contain viruses, “Trojans,” “worms,” time bombs, erasure programs, corrupted files, or any other similar program or software that could damage the operation of third-party or DAGUR PAY equipment; (vii) violate any code of conduct or guideline applicable to the Platform; or (viii) use any part of the Platform to collect or gather information about third parties, including email addresses or any other semi-private or private personal data.

DAGUR PAY and its Clients are expressly subject to the conditions and terms detailed in the Service Level Agreement (SLA) and other regulations governing the provision of our services. This agreement clearly establishes mutual expectations and obligations regarding the quality, availability, and support of the services offered, ensuring that all parties involved comply with the established standards to guarantee an optimal service experience. Concerning end-users, the provision of services will be governed by these terms and conditions and other documents regulating such provision.

21. COMPLIANCE WITH PCI SECURITY STANDARDS

DAGUR PAY is committed to ensuring the security and protection of our users’ financial information. To that end, we rigorously implement and maintain industry payment security standards, including the Payment Card Industry Data Security Standard (PCI DSS). This global standard is designed to protect sensitive cardholder data and applies to all entities that process, store, or transmit credit and debit card information.

DAGUR PAY ensures compliance with the practices and procedures established by PCI DSS to guarantee the integrity, confidentiality, and security of financial data. This includes, but is not limited to:

Encryption of sensitive data during transmission.
Secure storage of card information.
Implementation of strict access controls to protect the data.
Regular security audits and assessments to maintain PCI DSS compliance.

DAGUR PAY is committed to maintaining PCI DSS compliance and continuously updating security policies and procedures to adapt to new threats and ensure maximum protection for users.

22. VOLUNTARY DECLARATION OF SOURCE OF FUNDS

The Client declares that: (i) Their resources have a lawful origin and come directly from the development of their legal economic activity and occupation, which are conducted in accordance with the current Colombian legal and regulatory framework; (ii) they will not allow third parties to carry out transactions on their behalf with funds from other persons who do not have a lawful origin; (iii) in case of any inaccuracy in the information provided during the registration process or if any circumstance described in the second point of this declaration arises, the Client authorizes DAGUR PAY to terminate the present contract. The Client will comply with the policies and regulations of DAGUR PAY’s Anti-Money Laundering and Counter-Terrorism Financing Risk Management System (SARLAFT).

The Client will maintain and apply due diligence in their transactions and business dealings to avoid being subject to money laundering and will inform and provide explanations regarding transactions and the origin of their funds. The Client is obligated to notify DAGUR PAY in writing, immediately, of any act or suspicion of corruption, bribery, money laundering, or terrorism financing that may arise or be present in the negotiation, execution, or performance of this contract.

23. LIMITATIONS OF LIABILITY

Under no circumstances shall DAGUR PAY be held liable for the following events:

Any indirect, special, incidental, or consequential damage caused by action or omission of the Users.
Any breach by action or omission on the part of Allied Providers.
Any damage, injury, impairment, and/or loss a User may experience from carrying out transactions through the DAGUR PAY Platform, whether due to the use or non-use of the Platform.
Acts constituting force majeure or fortuitous events.
Loss, damage, or dissatisfaction with products or services not delivered by third parties.

Notwithstanding the above provisions, the content of these terms and conditions does not intend to limit or exclude any liability on the part of DAGUR PAY, nor to disregard the limitations that apply according to the law of each jurisdiction, including laws on fair competition and fair trade.

24. JURISDICTION LIMITATIONS

Since some jurisdictions do not allow the exclusions or limitations of liability mentioned above, exclusions or limitations that are contrary to the provisions of those jurisdictions will not apply. In this case, liability will be limited to what is legally permissible according to the applicable law in each jurisdiction.

25. NOTIFICATIONS

Notifications and notices will be sent to the email address that Users have provided to DAGUR PAY during the registration process. When the notification is sent to the User’s email address, it will be deemed delivered 24 hours after being sent, except in cases where the provided email address is invalid or the message was not sent. Alternatively, DAGUR PAY may optionally notify the User by physical mail to the address provided during the registration process, in which case the information will be considered communicated three (3) days after the date of mailing.

Legal notifications or notices to DAGUR PAY must be received by certified mail sent to the address provided in the “Contact Us” section.

DAGUR PAY can be notified at Carrera 21 # 103-51, Office 513, Bogotá.

26.INDEMNIFICATION

If, as a result of dispute resolution processes, whether judicial or extrajudicial, Users are found liable, DAGUR PAY may make the necessary compensations from the associated payment methods, up to the total amount of damages caused, without prejudice to initiating the corresponding actions to recover the remaining amounts for indemnification.

Users must indemnify, defend, and hold harmless DAGUR PAY from all damages, costs, and expenses arising from any claim or judgment that declares them liable for an action or omission that causes a violation of a third party’s rights or for violating these terms and conditions.

Users must indemnify, defend, and hold harmless DAGUR PAY and other Platform Users from all damages, costs, and expenses arising from any claim, judgment, or administrative investigation that declares them liable for an action or omission that disregards the obligations subscribed at the time of placing an order on the DAGUR PAY Platform, the specific contracts signed, and/or these terms and conditions.

27. SEVERABILITY OF THE AGREEMENT

The content of each clause in these terms and conditions is severable, so if any clause is declared invalid, ineffective, or unenforceable, the rest of the provisions will remain binding, and the validity of the terms and conditions will not be affected for that reason.

In the event of a transfer of all or some of our assets or in the case of a corporate integration, the acceptance manifested by the Users of these terms and conditions will remain intact, meaning that their relationship with the Platform will continue to be governed by the provisions set forth here.

28. TERMS OF USE FOR ELECTRONIC SIGNATURE

28.1. Contracting Acceptance

By accepting contracts through this medium, the User’s consent and capacity to be bound are established, and therefore, the User accepts on their behalf and/or as the Legal Representative of the entity they represent, that all communications exchanged with DAGUR PAYMENTS S.A.S. electronically have full legal validity and probative effect.

Through this medium, the User of the DAGUR PAY Platform, in any capacity they act, will sign Contracts, Securities, Declarations, and other documents related to the activities conducted by DAGUR PAYMENTS S.A.S.

28.2. Definition of Signature

According to the Dictionary of the Spanish Language, a signature is any stroke or set of strokes that identifies a person, substitutes their name and surname, and provides authenticity to a document.

The term SUBSCRIBER or SIGNER refers to the natural person who, upon accepting this agreement, will use the electronic signature mechanism provided by the DAGUR PAY Platform.

28.3. Definition of Electronic Signature

As established in Article 2.2.2.47.1. of Decree 1074 of 2015, an electronic signature refers to the use of methods such as codes, passwords, biometric data, or private cryptographic keys that allow the identification of a person in relation to a data message, provided that it is reliable and appropriate for the purposes for which the signature is used.

28.4. Validity of the Electronic Signature

Colombian legislation recognizes its validity under Article 7 of Law 527 of 1999 and Article 2.2.2.47.3. of Decree 1074 of 2015. Both laws establish that when a signature is required by a rule or consequences are established for its absence, it may be replaced by an electronic signature in the context of a data message, which cannot be deprived of legal force or evidentiary value due to the form in which it was expressed.

28.5. Minimum Requirements for an Electronic Signature

Law 527 of 1999 establishes that an electronic signature will be considered valid and capable of producing legal effects, as long as:

A method is used that allows the initiator of a data message to be identified and indicates that they approve of its content.
The method used is both reliable and appropriate for the purpose for which the message was generated or communicated.

Article 2.2.2.47.5 of Decree 1074 of 2015 establishes that the electronic signature will have the same legal validity and effects as a handwritten signature if the method used to imprint or apply the electronic signature is as reliable and appropriate for the purposes for which the data message was generated or communicated.

Regarding the reliability of the electronic signature, Decree 1074 of 2015 states that “The electronic signature will be considered reliable for the purpose for which the data message was generated or communicated if: 1. The signature creation data, in the context in which they are used, correspond exclusively to the signer. 2. It is possible to detect any unauthorized alteration of the data message made after the time of signing.”

Once these requirements are met, the electronic signature will have the same legal validity and effects as a handwritten signature.

28.6. Use of the Electronic Signature

DAGUR PAYMENTS S.A.S. uses an electronic signature system that allows documents to be sent and signed electronically, eliminating the need for physical or paper signatures.

Through the use of algorithms and other numerical values added to a data message, it fulfills the requirements established by Colombian law for electronic signatures, as it:

Allows the identification of a specific and determined sender and links them to the content of the message.
Involves the use of a reliable and appropriate method for the purpose for which the message was issued.
Its security standards are robust enough to detect modifications to the content of the data message that were introduced or made after its issuance, thus guaranteeing the integrity of the message.

28.7. Scope of Use

Accordingly, the SUBSCRIBER or SIGNER understands and accepts that:

The use of the DAGUR PAY Platform satisfies the minimum requirements for considering the electronic signature as equivalent to a handwritten one.
The electronic signature provided by the DAGUR PAY Platform allows the identification of the initiator of the data message.
By using the DAGUR PAY Platform, the sender implicitly approves the content of the data message to which the electronic signature is attached.
The electronic signature provided by the DAGUR PAY Platform is appropriate and reliable for the purposes of its intended use, in accordance with the provisions of Law 527 of 1999 and Decree 1074 of 2015 (which consolidated Decree 2364 of 2012). In this regard, the OTP (One Time Password) provided to the User’s cell phone number and/or email address is fully valid.
The use of the electronic signature tool provided by the DAGUR PAY Platform is subject entirely to these terms and Colombian law.
The use of the electronic signature is personal and non-transferable.
The provider of the electronic signature associated with the DAGUR PAY Platform must maintain acceptable security standards to ensure that the signature remains appropriate and reliable for the purposes for which the data message was generated or communicated and must take necessary actions to maintain an acceptable and appropriate security level under the provisions of Colombian law.

I expressly and unequivocally authorize DAGUR PAYMENTS S.A.S. as Data Controller or Processor to process my personal data delivered to DAGUR PAYMENTS S.A.S. in accordance with the Political Constitution, Law 1581 of 2012, and other relevant regulations. DAGUR PAYMENTS S.A.S. will treat this information as confidential. Internal policies on personal data processing may change in compliance with legal, regulatory, or jurisprudential modifications.

28.8. Obligations of the SUBSCRIBER or SIGNER

By using the electronic signature mechanism provided by DAGUR PAYMENTS S.A.S., the User, as SUBSCRIBER or SIGNER, agrees to:

Refrain from reverse engineering or any actions aimed at discovering or deciphering the source code or any other relevant information regarding the electronic signature provided by the DAGUR PAY Platform.
Maintain control and custody over the electronic signature creation data.
Use the electronic signature provided by the DAGUR PAY Platform for personal, non-transferable purposes.
Act with acceptable diligence standards to prevent unauthorized use of the signature creation data.
Immediately notify DAGUR PAY if situations arise that may compromise the security of the electronic signature provided by the DAGUR PAY Platform or raise concerns about its quality.
Refrain from allowing third parties to use the electronic signature service provided.

29. CONTACT US

If you have any questions regarding the topics covered in these terms and conditions or if you wish to submit a petition, complaint, claim, suggestion, or compliment regarding the service provided, or if you wish to report any violations of these terms and conditions, you may contact DAGUR PAY using the following means:

Email: juan.perez@dagurpay.com

These terms and conditions are published on September 20, 2024.