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TERMS AND CONDITIONS

 

This page establishes the «Terms and Conditions» under which the MERCHANTS can make use of the Finturu Platform (the Company) and the services established by the same. These Terms of Service, together with our Data Processing Policy and any Service Order, together constitute the binding Contract between Finturu LLC (Finturu) and the merchant customer or the business merchant it represents. For this document, merchant customers are all who register and create an account or enter into a contract with Finturu to access the Services.

We operate as a vertically integrated SaaS platform designed to simplify cross-border commerce for merchants. Our solution allows exporters and sellers—whether U.S.-based or international—to manage key aspects of their global e-commerce operations, including payment collection, logistics coordination, and checkout integrations, through connections with regulated financial institutions and third-party providers.

Finturu’s role is purely as a technical and operational facilitator. We do not act as a financial institution or as an intermediary in the commercial transaction between buyers and sellers. Therefore, we are not responsible for product delivery, service fulfillment, quality claims, or any disputes between transacting parties. Any such matters must be resolved directly by the merchant and their customer.

Ignorance of the content of these terms and conditions does not justify the breach of the same nor does it exonerate the MERCHANT or the PAYER from the corresponding responsibility.

DEFINITIONS

Capitalized terms shall have the meanings set forth in this section, or in the section in which they are first used:

«Merchant business» or «Merchant customer»: The merchant customer who registers on the platform or makes a request for the use of Finturu’s services through the channels provided for that purpose, such as the website or WhatsApp, with due compliance and acceptance for the use of the same.

«Customer Data» means any data, information, programs and all content provided or transmitted by Customer or its Authorized merchant customers of the Services, including, without limitation, personal data of Customer, end customers and prospective customers.

«Mandate Agreement» Means the one entered into between the merchant customer and Finturu and evidenced as Exhibit 1 to the Terms and Conditions.

«Documentation» refers to the information required by Finturu to channel resources and carry out all pertinent procedures related to payments.

«Intellectual Property Rights» means any and all intellectual property rights, including all rights in patents, patent applications, inventions (whether patentable or not), invention disclosures, trade secrets, know-how, copyrights (moral and proprietary), trademarks, logos, service marks, software, data, technology, among others, as well as all registrations, applications, renewals, extensions or reissues of any of the foregoing.

«Foreign Exchange Market Intermediary» Foreign exchange market intermediaries are financial sector institutions whose function is to channel foreign currency corresponding to foreign exchange market operations and those that are voluntarily channeled through the same, acquiring and selling the foreign currency required or generated in such operations.

Platform», «Site», «Company», «Company», «Company», «Channels», is a direct reference to the company. Likewise, the term Finturu may be used to refer to the same.

«Services» refers to all Finturu services related to the payment platform, accessed by Customer through this document or any other online or written form.

«Service Application» means any application, online or written form or other communication made to Finturu evidencing Customer’s subscription to the Service.

«Fees» refers to any charges generated by the use of the Services by Customer or its Authorized merchant customers.

«Terms and Conditions» refers to the present document, which was accepted by the merchant customer at the time of registration on the Platform, which regulates the business relationship.

PARTS

FINTURU LLC: is a limited liability company registered in the United States, with Employer Identification Number (EIN) 36-5069641, and principal place of business in Orlando, Florida. For any matters related to these terms, including compliance or data protection inquiries, you may contact us at: privacy@finturu.com

MERCHANT CUSTOMER: Merchant customer has registered on the platform or through official Finturu channels to access the services. The merchant customer is legally responsible for the accuracy of the information provided to the Platform and who has accepted these terms and conditions at the time of registration or access to services.

The Company reserves the right to carry out, at any time, the verification of the information of the merchant customers / merchant customers, and in the event of evidencing that this is not complying with basic requirements, or has inaccurate or false information, may unilaterally and immediately terminate the relationship, without having to assume any liability or compensation, and so expressly accepted by the merchant customer and the merchant customer.

If the merchant customer is under 18 years of age, in order to access and use the Services, he/she must have the authorization of his/her legal representatives, who give their prior, express and informed consent on his/her behalf, and the Company reserves the right to request their ratification in writing, if deemed appropriate.

OBJECT

The purpose of this document is to regulate and define the terms and conditions of the relationship between Finturu and its Platform and its merchant customers and Authorized merchant customers.

Acceptance

For the use of the Platform and its services, the merchant customer must accept the Terms and Conditions, and the mandate contract, being obliged to comply with them. Likewise, when using the services, the merchant customer and the merchant customer agrees to follow the published guidelines, applicable to all services. Likewise, the use of any of the services offered by the Company is understood as an express acceptance of the terms and conditions.

The acceptance of these terms and conditions and the mandate contract are mandatory requirements to access the services or tools provided by Finturu, since these are restricted only to those who contract the services and accept the guidelines informed herein.

Modifications

Finturu reserves the right to update these Terms and Conditions at any time, unilaterally and without prior notice. Changes are mainly made in relation to the Services or in the applicable legal and technical regulations. The changes will be published on the Platform and will be effective as of the date of their publication. The Site shall not be liable for any damages that such modifications may cause to CUSTOMERS and USERS once made.

In case the merchant customer and/or merchant customer does not agree with any of the conditions or changes, with any guideline or with any of its modifications, he/she must inform Finturu within ten (10) days after the changes have been informed, so that the services will no longer be provided, and he/she must stop using any service he/she has available at that date.

Finturu reserves the right to terminate the contractual relationship with those merchant customers who report their disagreement with the modifications to the Terms and Conditions.

GENERAL

Finturu LLC is a vertically integrated SaaS platform that enables merchants—both U.S. and international—to manage key aspects of their cross-border e-commerce operations. These services include international payment facilitation, integration with third-party logistics, and commerce management tools such as digital checkout, payment links, and platform integrations. Finturu operates as a technical facilitator and does not intervene in the commercial relationship between sellers and buyers.

DESCRIPTION OF SERVICES

Finturu provides a globally-oriented platform tailored to merchants in Latin America, the United States, and Europe. Our tools are designed to facilitate international commerce through payment processing, logistics integration, and e-commerce connectivity.

Finturu offers a modular suite of services designed to simplify international commerce. Through the platform, merchant customers can access tools for secure payment collection, integration with logistics providers, order tracking, and communication with end customers. Features such as payment links, e-commerce plugin support (e.g., Shopify, WooCommerce), and API access allow merchant customers to scale their cross-border operations efficiently.

Finturu acts exclusively as a service provider. We do not assume any role as a foreign exchange market intermediary or financial institution, and we are not a party to the commercial agreements between merchants and their customers. Any issues related to product delivery, service quality, or fulfillment must be resolved directly by the involved parties.

THIRD-PARTY SERVICES AND INTEGRATIONS

Finturu’s Services are designed for merchant customers—businesses selling products or services online across borders. Our platform integrates with a range of third-party providers to deliver these services, including:

Financial service providers such as Cybrid (Banking-as-a-Service), Thunes (global payment processors), and Plaid (open banking connectivity for Pay by Bank functionality).

Logistics providers including DHL, FedEx, and other last-mile carriers used for shipping and delivery coordination.

E-commerce platforms such as Shopify, WooCommerce, and Tiendanube, through which merchant customers can connect their storefronts to Finturu’s infrastructure.

Communication and management features channels such as WhatsApp, Instagram, and Facebook, which may be used for generating payment links or customer engagement, depending on the features activated by the merchant.

These integrations are made available to facilitate specific workflows for merchant customers. While Finturu enables technical connectivity, it does not assume liability for the performance, actions, or content of third-party services. Each third-party integration is governed by the provider’s own terms of use and privacy policies.

The Finturu platform brings together different alternatives for customers to collect payment for the products and services they have commercialized abroad, through the generation of payment links to platforms.

The Services are subject to and governed by the Service specifications, which may define processes, functional and technical aspects depending on the type of service contracted by the merchant customer. Finturu may make changes or update the way in which it provides the Services according to the needs, developments, and regulation on the subject. If Finturu adds additional functionality to a particular Service, it may condition the implementation of such modifications to the payment of additional fees by the merchant customer, provided that the merchant customer may continue to use the version of the Services without such features and without the payment of additional fees.

The merchant customer acknowledges that access to and use of the Services may be temporarily suspended due to maintenance activities or scheduled updates necessary for the continuity of the service (which will be informed), as well as due to failures beyond the control of Finturu, such as power failure or interruption in the network or Internet service, the latter beyond its control and which are not attributable to Finturu. Products and services outside Finturu’s control.

This Agreement applies exclusively to Finturu’s Services and does not extend to links to other web sites or to the contents that integrate them or to the accesses that are made through them, which are beyond Finturu’s control and whose use is made under the sole responsibility of those who access them, Finturu is released and held harmless from any responsibility derived from the treatment of personal information, as well as from the consequences produced by actions or omissions, including any loss or damage caused to the individual or business merchant that accesses the contents or uses the services of third parties.

Any acquisition by the merchant customer of third party services and any exchange of data between the merchant customer and third parties is done under the merchant customer’s sole responsibility, and Finturu is released and held harmless for any liability arising from the processing of personal information, as well as for the consequences produced by actions or omissions, including any loss or damage caused to the merchant customer accessing or using the third party services, equipment, etc.

Third party services may require for their integration that Finturu provide data processed on behalf of its Customers. In these cases, Finturu considers the merchant customer’s request to integrate with the third party services as an instruction to provide such data to the third party or its supplier. If the merchant customer does not wish this data to be provided, it must indicate this in advance or immediately request the suspension of the integration. Until Finturu receives such communication, the merchant customer shall be deemed to have given its prior, express and informed consent to provide the data to the respective provider by requesting integration with the latter to Finturu.

INTEGRATION WITH CYBRID

Finturu’s Services include integration with Cybrid, a third-party Banking-as-a-Service (BaaS) provider, to enable certain financial functionalities such as account creation, KYC and KYB  verification, and other financial services infrastructure. These services are provided and governed by Cybrid’s own terms of service and policies.

By using features powered by Cybrid, the merchant customer acknowledges and agrees that:

The financial infrastructure and services offered via Cybrid are subject to Cybrid’s independent terms and conditions.

Any data transmitted to Cybrid, including but not limited to personal and financial information required for regulatory compliance (e.g., KYC/AML checks), will be handled in accordance with Cybrid’s privacy policy and data processing practices.

Finturu is not responsible for the performance, accuracy, or outcomes of services provided by Cybrid and shall not be held liable for any dispute, failure, or loss arising out of their use.

For more information on Cybrid’s terms, please visit: 

https://cybrid.xyz/hubfs/Legal/Cybrid_User_Agreement.pdf

CONDITIONS OF ACCESS AND USE

Customers undertake to use the Services respecting the national regulations in force, good customs and public order, undertaking in all cases not to cause damage to the Company, other merchant customers or third parties.

In its merit, the merchant customers will abstain from using the Services for illicit purposes or effects, prohibited in these Terms, in technical or legal norms, harmful to the rights and interests of the Company, other merchant customers or third parties, or that in any way may damage, render useless, overload, deteriorate or impede its normal use, as well as any computer equipment of the Company, other merchant customers or third parties.

Customer Account: Customer is solely responsible for protecting and safeguarding its account and any passwords and/or keys or other access protocols provided or generated in connection with Customer’s use of the Services. Customer is solely responsible for all activities that occur, including accrued charges, in connection with Customer’s account and use of the Services.

Suspension: Finturu shall have the right to immediately suspend, terminate or limit Customer’s access to the Services at any time, without any liability for any damages or losses caused by the suspension, in the event that: (i) the Services are being used by Customer or its Authorized merchant customers in violation of any applicable law or regulation or this Agreement; (ii) the Services are being used by Customer in an unauthorized, inappropriate manner or in prejudice of Finturu’s rights, other Customers or third parties; (iii) by court order or by order of competent authority.

TERM AND TERMINATION

Finturu may terminate this Agreement without prior notice, if the merchant customer is involved in: (a) a bankruptcy proceeding, such as insolvency, liquidation, bankruptcy, receivership, among others; (b) in case of non-payment for services rendered; or (c) the merchant customer has an inactive account for a period of 12 (twelve) months or more; (d) sale of illicit or illegal products or services or those that do not comply with the regulations; (e) non-compliance in the sale of products or services such as delay, non-delivery, quality complaint, among other aspects; (f) non-compliance with any of the obligations set forth herein. Upon termination, the Customer shall not be entitled to any refund of Fees previously paid for the Services.

FEES AND FORM OF PAYMENT

The consideration for the services are the fee in effect at the time of your subscription to the Services. Finturu shall have the right to suspend or discontinue the Services until the amounts due are paid in full. In the event of a temporary suspension of the Customer’s access to the Services, the applicable Fees shall continue to accrue.

Fee increases: Finturu will notify Customers of rate changes. Any rate increase will be effective at the beginning of the next billing period. Customer’s continued use of the Services after notice of a Rate increase will constitute Customer’s acceptance of such increase.

Payment: Payment for the services will be made at the time of monetization of the money derived from international payments, where the merchant customer authorizes Finturu to deduct the fee established for the provision of services and accepted by the merchant customer.

In the event Finturu must initiate collection proceedings to recover Fees due and payable under this Agreement, Finturu shall be entitled to recover from Customer all costs associated with such collection efforts, including, but not limited to, interest and attorneys’ fees.

Taxes: Each party is responsible for the payment and settlement of taxes due under this Agreement.

Payment Information. Customer will keep the information up to date, including name (natural or legal), address, primary contact person and billing information.

FINTURU’S OBLIGATIONS

It undertakes in the provision of the service to:

Manage the Platform through which services are provided to Customers / merchant customers.

Supply and perform the maintenance of the Platforms, so that the merchant customers can make use of the services.

Make available to the merchant customer the information related to the requirements, characteristics and legal documents to be subscribed.

Report changes in the provision of services or modification of tools.

Finturu will collect, use, disclose and process Customer Personal Data in compliance with the Personal Data Processing Policy.

To comply with the regulation of data processing in the modality of Data Processor.

OBLIGATIONS OF CUSTOMERS AND USERS

Use diligently, correctly, and in accordance with morality, law and public order, the services of the Platform.

Hold harmless Finturu with respect to the commercial relationship derived from the sale of products and services to the purchasers thereof, clarifying that Finturu is only a payment channel.

Perform the proper registration as a merchant customers and merchant business of the Platform, in accordance with the guidelines established by the same. Provide the platform all information required for registration in a truthful, complete and updated. Guarantees and responds, in any case, the accuracy, veracity, validity and authenticity of the information and Personal Data entered.

Acknowledge and protect the intellectual, industrial or any other type of property rights of the platform, in the performance of the services.

To collect payment for lawful products or services, in accordance with public order and good customs.

The resources for operations through the platform must have a lawful purpose, in accordance with the applicable international and U.S. legal frameworks, as well as with good customs, public order and morality. The Platform may perform or implement procedures and methodologies, directly or with a third party, to review the origin of the resources.

Inform Finturu of any fact or event that may jeopardize the fulfillment of the obligations derived from this document.

When requesting the service, the customer irrevocably accepts the costs (service fee, among others), which are listed in the Check-Out.

PROTECTION OF PERSONAL DATA

The processing of personal data that Finturu performs for the management and improvement of the Services, is carried out in accordance with the national and international regulations in force on the matter, as established in our Personal Data Processing.

Finturu will be in charge of the personal data used through the platform, to process on behalf of the contracting business (merchant customer) (data controller), the personal data necessary to provide the Messaging Services available on its platform, under the terms defined in this document.

The obligations will only be in force during the commercial relationship, and once terminated Finturu undertakes to return to the merchant customer the personal data and, if applicable, the media where they are stored, once the service has been rendered.

The return must entail the total deletion of the existing data on the computer equipment used by the person in charge.

CONFIDENTIALITY

Confidential Information. During the term of this Agreement, the Parties may exchange information about the business, technology, products or Services used which shall be considered confidential, as well as other confidential or proprietary information of each Party (collectively, «Confidential Information») in any form (written, oral or visual). The Services and all enhancements thereto shall be considered Confidential Information of Finturu.

The Parties shall not use or disclose to any third party any Confidential Information of the other Party, except as required by court order or other competent authority.

The Parties shall limit access to Confidential Information to their employees and contractors who have a need to know, who are subject to confidentiality obligations no less restrictive than those set forth herein, and who have been informed of the confidential nature of such information. The Parties shall protect the Confidential Information of the other Party from unauthorized use, access or disclosure. Upon request of the Parties or upon termination of this Agreement, Confidential Information shall be returned or destroyed (or permanently deleted in the case of digital files).

INTELLECTUAL PROPERTY

All trademarks, trade names, logos, distinctive signs, images, audios and videos of any kind that may appear in the Services are the property of the Company or third parties, without it being understood that the use or access attributes to the merchant customer or grants any right over them, and it is understood that they are protected by intellectual property rights.

In case of Services that infringe intellectual property rights or result harmful to rights, please contact us by e-mail at privacy@finturu.com

RESPONSIBILITY

The Company disclaims any liability for damages of any and all nature that may be due to the lack of availability or continuity of the operation of the Services, which are provided as they are, in particular, but not exclusively, to failures in access. Efforts will be made to announce scheduled updates or interruptions.

Customer acknowledges and agrees that Finturu does not certify or endorse, and has no obligation to certify or endorse any of Customer’s products, services or content.

Finturu shall not be liable in any way for any acts derived from the merchant customers’ failure to comply with this Agreement and with the applicable technical and legal rules and regulations in force in this regard, as well as for failures in delivery, quality, or other conduct that may affect the merchant customer’s purchaser.

INDEMNITY

Customer shall indemnify, defend and hold harmless Finturu, its officers, directors, affiliates, subsidiaries, licensees, agents and employees, from and against any and all losses, damages, liabilities and shall bear attorneys’ fees and court costs and expenses arising out of or related to: (a) any breach of the provisions set forth in this Agreement; (b) any violation of law in the use of the Services; or (c) the use, transmission, access, disclosure or other processing or treatment of Customer Data, not in accordance with law or this Agreement.

GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, United States of America. Any disputes arising out of or related to these Terms shall be resolved exclusively in the courts located within that jurisdiction.

Any dispute arising from this document regarding its validity, interpretation, scope or performance shall be settled by mutual agreement between the Parties, which undertake to use their best efforts to reach an understanding.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Finturu shall not be liable for any indirect, incidental, special, or consequential damages, or any loss of profits, revenues, or data, arising out of or in connection with the use of the Services, whether based on warranty, contract, tort, or any other legal theory.

ACCEPTABLE USE POLICY

Merchant customers and merchant business agree not to use the platform for any unlawful activities, including but not limited to fraud, money laundering, circumventing local or international regulations, or engaging in any activities that may harm Finturu or its third-party providers. Misuse of the platform may result in immediate suspension or termination of services.

All content, trademarks, logos, and intellectual property associated with the Finturu platform remain the sole property of Finturu LLC. Merchant customers and merchant business may not copy, reproduce, modify, or distribute any part of the platform without prior written consent.