Updated Jun 19, 2024
These terms and conditions of use of the SOLUCIONES DE PAGOS Y RECAUDOS S.A.S platform, hereinafter FINITY, a company legally incorporated in Colombia, and existing in accordance with the laws of the Republic of Colombia, with registered office in the city of Medellín, Colombia and identified with NIT 901,776,826-5
As a user (term defined below) by accessing and using the Platform, you fully and without restrictions accept these terms and conditions (hereinafter the “Terms”), granting your consent and expressing your acceptance of them, as well as the privacy policy and data processing policies contained in the Finity Privacy Notice; which govern the services and the relationship between Finity and the user, and the USER is consequently obliged to comply. Please read them carefully before proceeding, as the use of the Platform is considered tacit acceptance of these Terms, for all legal purposes.
If the User does not agree to these Terms, they should not access and use the Services or the Platform, since their use is considered tacit acceptance of these Terms, for all legal purposes.
The use of the Services is governed by the legislation of the country of your contracting (Colombia); and their scope is mainly limited to those contracting locations, which are the countries in which Finity offers its Services.
These Terms constitute, for all legal purposes, an agreement of will between the User and Finity, as administrators of the Finity Platform, or any other name or brand that you may freely choose in the future.
Finity reserves the right to change these Terms at any time, simply by updating this publication, unilaterally and without prior notice. We recommend that you visit this section periodically to review the applicable Terms.
The Platform is a technological tool designed and developed by Finity, its parent, subsidiaries or subsidiaries; with the purpose of making it easier for users to provide and send instructions for the fulfillment of a mandate for dispersion of payments by electronic means (the “Service”), with security and agility.
Our goal is to provide technological tools for the dispersion of payments, which are ordered and managed by the user himself; and then processed through the Platform, in compliance with the user's own instructions.
The management and dispersion of payments is ordered and managed by the user in accordance with the contract previously signed between Finity and the User. Finity is solely the representative of the User; and therefore, the user is responsible for their own instructions. In the event of a conflict between the Contract and these Terms, these Terms will prevail.
The instructions sent by the User through the Platform are considered to be firm and valid instructions to be executed.
The Service is provided through the indirect participation of Finity's allies and collaborators; therefore, by using our Service, you authorize us to send your personal information to our partners, which we will do so under the highest standards of confidentiality and security.
In general terms, the information that we will share with our partners and collaborators is: first and last name, general location (never precise location), email, bank details, address and identification documents.
Finity has the right to use personal information and/or content provided by Users, as established in these Terms and in the Privacy Policy; and it stores this information under the highest security standards; so that no one will be able to see your information without your consent.
Finity does not guarantee the availability, infallibility and continuity of the Services. And it is excluded from any liability for damages of any kind that may arise from the use of the Services.
The Service is available to anyone (the “User”, “You”) who has full legal capacity to enter into contracts in their country of residence and who meets the requirements for accessing and using the Platform. We reserve the right to refuse access to the Service or the Platform, as well as to cancel the account of any user, if it is detected that they do not meet these conditions for the use of the Platform or with these Terms and Conditions.
The User understands and accepts that for the use of the application he must:
(i). Create an Account, where the User must provide the Platform with the information requested in order to create their User account.
(ii). Have the physical means that allow you to receive or transmit via the Internet the information required for the use of the application.
(iii). Have Internet access necessary for the proper operation of the Services. All Internet access charges will be borne by the User.
Without prejudice to any other use and/or treatment mentioned in the above-mentioned data processing policies, the information provided to Finity will generally be used for the following purposes, which are listed in an illustrative, but not limited to:
The User declares that the information and documentation provided through the Platform is true and current, their own and/or is authorized to provide it; and they accept and undertake to update their information, in the event of any change or due to the warning of an error at the time of registration, so that such information remains updated, authentic, accurate, and complete.
Any falsehood or breach on the part of the User invalidates Finity's obligation to provide the Service or provide access to the Platform. Additionally, the respective report will be made to the UIAF.
Once registered, Finity will grant the User an account on the Platform (hereinafter, the Account). The User is the repository of their passwords and is therefore responsible for maintaining the security of their account and restricting access to their Account to third parties. They are responsible for all activities that occur under their account, whether they authorized the activity or not, and are obliged to immediately notify them of any unauthorized use of their account or other security breach.
In accordance with current legislation in the United States, the creation and use of the application by your user through the application and/or electronic systems of the user will replace the autograph signature and will be understood to accept the Terms established here.
The User declares, under the pretext of telling the truth, that:
a) You have full legal capacity to enter into this contract:
I.- If you are a natural person: you are of legal age and fully capable of entering into this contract and being bound by its terms, in accordance with the laws of your country of residence;
II.- If you are a legal person: that in accordance with the laws of your country of constitution: (i) you are legally constituted and fully empowered to conclude this agreement; and (ii) that your legal representative has sufficient and current powers and powers to conclude this contract on your behalf and on your behalf, which have not been revoked or limited in any way.
b) You have all the licenses, authorizations, certifications and other permissions to contract and use both the Services and the Platform.
c) You have the express authorization of the final beneficiaries of digital payments to collect, store, use and transmit your personal and banking information to Finity.
d) That your correct, current and complete information is the information you provided when creating your credentials to access the Platform and that you will provide while using it; and that you have all the means of proof to prove that such information is reliable.
Authorized Use of the Finity Platform
The use of the Platform is allowed for customers who have a professional and service relationship with Finity.
As a user, you can, among other things:
Access to the Platform means that you have accepted that your use of the content and information contained therein will have legitimate and legal purposes, and will be done in compliance with these Terms and any and all applicable laws. Transactions have no reverse side, once authorized, they are debited from the user's account.
By creating a user account, you are authorized by Finity to use the Service only as described in these Terms, for your personal, non-commercial use.
Information and materials provided through the Service may not be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, reproduced to create a derivative work, or used for commercial purposes, without the prior written consent of Finity.
By using the Platform or accepting these Terms and Conditions, the User undertakes, directly or through an intermediary person, to the following:
(a) Do not infringe the intellectual property rights of Finity or third parties.
(b) Do not carry out activities that constitute restrictive competition practices, unfair competition or violate consumer protection rights.
(c) Do not disseminate or promote misleading, inaccurate, false, harmful, hostile, abusive, problematic, threatening, harmful or malicious information.
(d) Do not carry out activities that constitute criminal acts, especially those related to the use of technology and information and the replacement of third parties or fraud.
(e) Do not defame, abuse, harass, threaten or violate any public freedom or civil or human right or any other right to property, privacy and/or publicity of other users or third parties.
(f) violate or violate, intentionally or unintentionally, any personal data protection regulation or any applicable legislation in general.
(g) Do not interfere or attempt to interfere with the proper functioning of the Services. (h) Do not duplicate, distribute, send or in any way transfer any of the privileges you receive as a User.
(i) Report any violation of the Terms by other users or third parties that you are aware of, for which you will send an e-mail to the address of Finity.
(j) transmit or emit material that contains computer viruses or any other code, computer program or application designed to interrupt, destroy, restrict or impair the functionality of computers, computer programs, information systems, telecommunications networks, or third-party infrastructure and services;
(k) manage resources of illegal origin or resources whose origin is unknown.
In any case, the modification, reproduction, decoding, decryption, disassembly, disassembly, reverse engineering, publication, transfer to other people, or in any other way, the alteration of the Platform or its content, as well as the disclosure of its content, without prior explicit and written authorization issued by Finity, as well as copying any content, functionality or business model of the Platform or the Services, is PROHIBITED.
Likewise, the use of software, which has as its object or effect damage, interference, affecting the integrity, or interception of the systems that support this application, its operation or its Contents, is prohibited.
The account number and password are non-transferable and can only be used by those people who have registered.
Failure to comply with the above will result in the suspension and definitive blocking of the account (including email and personal identification number) within the application.
If validation data is forgotten or stolen, it is the user's obligation to inform the Finity operator.
You may only access the Platform and use the Services for lawful purposes. The User is solely responsible for knowledge and compliance with all laws and regulations relating to access and use of the services. Without limiting the foregoing, the User hereby recognizes that they are prohibited uses of the Platform and, therefore, the User agrees to abstain at any time from carrying out any of the conduct considered illegal under applicable legislation.
You as a User will be solely responsible for any damage that unauthorized access to the Platform with your identification data may cause both to others and to yourself and/or to Finity's information and communication systems, including damage caused by computer viruses.
Any violation of these Terms will be investigated by Finity, who may, at its free will and within the framework of the law, take all measures and initiate all necessary legal and extra legal actions against you, in order to obtain the cessation of such conduct and the corresponding compensation if it occurs.
The User acknowledges and accepts that no employment relationship with Finity unites him or his representatives, employees, shareholders or collaborators, and that only a civil and commercial relationship deriving from the provision of services and the specific mandate of dispersion and collection of resources generated with the use of the Platform is united; and therefore, the User releases Finity, its employees, managers and officers, and undertakes to defend them and to remove them in peace and safe from any judicial or administrative claim or instance interposed for the purpose of assigning any labor or social security responsibility on the part of the User or their employees, managers, representatives or collaborators.
This contractual relationship will be governed by what is established in the Contract concluded between the Parties, by these Terms, and by everything not expressly agreed between the Parties, by the Commercial Code; and in addition by the Colombian Civil Code.
For the proper execution of its Services, Finity will need to be in constant contact with the User, for this purpose, Finity may adopt different tools that allow the approach, including, but not limited to, communications (including direct communications, via telephone to any of the contact numbers provided by the User, telephone and WhatsApp messages, emails to the contact account (s) offered by the USER, among others), advertisements and administrative messages, for which the User from this moment on grant your express consent.
The user can communicate with Finity through the Intercom service for direct communication on the web and on WhatsApp. Additionally, there is the official customer service email: info@finity.com.co
When the User communicates with us electronically (for example, by email, text message or when creating an account on the Platform), they agree to receive electronic communications from us, including all statements, notices and disclosures. You agree that the communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
Finity recognizes the importance of User privacy and their right to freely determine the use and treatment that may be carried out with respect to their information.
Finity's Personal Data Processing and Privacy Policy (the “Policy”) forms an integral part of these Terms and Conditions. Therefore, by accepting these Terms and Conditions in the manner established here, the User is providing their prior, express and informed consent to be bound by the terms of the Policy.
The information provided by users is freely and voluntarily provided by the User, so that it can be managed by Finity or by whoever he designates for the fulfillment of the acquired duties, which implies its collection; storage on Finity or third-party servers or repositories.
In this regard, the User, in their capacity as the owner of the information, freely and voluntarily authorizes Finity and/or whoever represents their rights, to access and provide to their suppliers, both their personal data and banking and financial information provided to Finity by the User himself or obtained through third parties, or contained in the databases that they access through information operators and database operators, including but not limited to banks, blacklists and credit information providers.
The User may exercise their ARCO rights to access, rectify, cancel and oppose the use of their existing personal data in the databases associated with the Platform. To do so, they must make the request for consultation, complaint or deletion in the terms indicated in the Data Policy, detailing the modifications to be made and providing the supporting documents.
Therefore, the User freely, prior, express and informed and to the extent permitted by law, authorizes Finity directly or through its employees, consultants, advisors, third parties in charge and/or Related Entities (in accordance with the definition of the Personal Data Processing Policy) that require knowledge of the information, exclusively to fulfill the purposes established in this authorization.
All data and personal information provided to Finity is governed by our Privacy Policy.
This information is used for the full identification of Users, as well as for the purposes of the Platform.
In this regard, the User expressly authorizes Finity to transfer the User's personal information to Related Entities or to outsource the provision of any part of the products and/or services provided, to a third party, whether or not that third party operates in another jurisdiction or territory.
Given the nature of the purpose of the Services and the specific mandate, both Parties undertake to maintain the most stringent standards of confidentiality; committing themselves during the provision of the Service and use of the Platform, as after its completion, to treat all data, information and documents that the Parties exchange with the strictest confidentiality.
In this regard, the Parties agree that all information that is shared between them on the occasion of the Services and the Use of the Platform, or any act derived from it; as well as all the information that is generated by the Parties for their conclusion and execution, including these Terms (hereinafter referred to as “Confidential Information”), must be considered strictly confidential information and for the exclusive use of the Parties, regardless of whether it is supported on a material medium or not, or whether it counts or not with an indication that it is any type of Confidential Information.
The Parties undertake to maintain absolute confidentiality and confidentiality about such Confidential Information and to protect it at least with the same care with which they keep their own confidential information, or with the care that is commonly given in market practices to confidential information, which implies a greater degree of care; as well as to refrain from (i) making any public statement or particular disclosure, present or future in this regard, assuming the obligation to maintain total discretion with respect to the data they know, being prevented to disseminate or transmit it to third parties by any means; (ii) provide it to unauthorized third parties by any means; and (iii) use such Confidential Information for any purpose other than strict compliance with the Services, or any purpose previously authorized in writing by the party disclosing such information, committing in this act to use the Confidential Information of the Other Party solely and exclusively for the execution and compliance of the Services; and to establish physical and legal means of control to prevent unauthorized use or access to all documentation, information, material and digital files, without reservation or limitation, that they receive, obtain, prepare, produce or exchange in connection with and during the provision of the Services, by any means or source, on the understanding that all information they receive from the other Party is and will continue to be considered confidential and proper to the Party that provided, provided or provided such information.
Consequently, the Parties undertake not to disclose, disclose, exploit, publish, transmit, transfer, trade or disseminate by any means the information of the other Party, either by itself or through third parties, and must keep any growth of it during the term of this instrument and after the conclusion of this instrument, unless authorized in writing by the other Party; being responsible for the damages caused to the other Party by the unauthorized use or disclosure of Confidential Information.
In the event that the violation of this clause involves the disclosure of an industrial or commercial secret, the infringer will be considered entitled to pecuniary and deprivation of liberty sanctions in accordance with applicable legislation, so that the affected party may, at their option, initiate legal action against the infringer.
In the event of a violation of this clause by any employee, manager, agent or general collaborator of any Party, the Party receiving such information, either Finity or the User, will be held responsible for such violation, for all legal purposes that may arise.
The confidentiality obligations set out in this section will be effective during the provision of the Services and for a period of 2 (two) years after their termination for any reason.
You can contact Customer Service using the contact information on our Site or through our sales representatives. The provision of customer support is not mandatory or guaranteed, and is provided at the sole discretion of Finity.
For all legal purposes, Finity is the sole owner or licensee of the right to use the Platform and its content. Its total or partial reproduction, translation, inclusion, transmission, storage or access through analog, digital media or any other system or technology created, without prior written authorization from Finity, is prohibited.
The information contained in the Platform and provided as part of the Service, including all text and images (other than certain third-party images) are considered the intellectual property of Finity.
In this regard, the User recognizes that the ownership and exploitation of any concepts, improvements, copyrights, brands, trade names, designs, inventions, discoveries, articles, programs, systems or creative works that they may conceive or implement and others that relate to the Platform, are and will continue to be the sole and exclusive property of Finity and/or its parent company or subsidiaries.
Finity grants the User a temporary, revocable, royalty-free license for the duration of the Mandate Agreement signed between Finity and the User, so that the latter can use the Platform in accordance with the uses authorized in these Terms. The license in question is non-transferable and revocable by Finity unilaterally and without notice.
The User accepts that these Terms do not grant him any type of copyright or intellectual property in the Platform, or any other intellectual property right, and undertakes not to use the Platform for any purpose other than the one for which it was created.
All elements and information of the Service and the Platform, including texts, processes, methods, trade secrets, know-how, techniques, formats, images, music, brands, logos, signs, trade names, sounds, graphics, videos, animation and other materials and tools susceptible to intellectual property protection, are and will remain the property of Finity.
The User may not copy, reproduce, replicate, publish, distribute, modify, create derivative works, license, sell, transfer, display, transmit, compile or collect in a database, or in any way commercially exploit any part of the contents of the Platform, either in whole or in part.
Any unauthorized use of the elements and information of the services and/or the Platform that violates the property and intellectual property rights of Finity, its contractors, licensors, transferors and, in general, any third party, may involve the initiation of corresponding legal action by Finity and/or the holders of such rights.
The User expressly and irrevocably and permanently authorizes Finity, for statistical purposes, control, supervision, sending commercial information and risk assessment, reporting or consultation with credit bureau databases, tax administration service blacklists and any other database that Finity deems appropriate.
This authorization includes present, past and future information regarding the management, status, fulfillment of my relationships, contracts and services, obligations and current debts, due without cancellation, processes or the misuse of financial services, etc., all of the above while they are in force and in addition for the maximum period of time the data can remain in risk centers,
The authorization empowers Finity not only to consult, but also to report, process and disclose User information to the above-mentioned information centers.
The scope of the Services provided through the Platform is limited to making the connection between Finity and the User, establishing a communication channel between both parties for the fulfillment of the Mandate granted to Finity by the User, so that neither Finity, nor its Affiliates, nor any of their respective shareholders, directors, employees, affiliates or agents, will have any type of responsibility derived from or related to the transaction (s) carried out by the User through Finity, or that Finity carries out in the name and account of the User in compliance with the given mandate, neither because of faults, errors, defects, material or legal status or because of any other fact related to the operation.
The User may not sue or take action of any kind, or recover or attempt to recover any type of compensation for damages of any kind from Finity as a result of the use of the Services or the Platform.
Finity does not guarantee the accuracy of and assumes no responsibility or guarantees in any way the quality, validity, effectiveness and veracity of the Services.
The User accepts and recognizes that access and use of the Platform and Services are at their own risk and responsibility. Neither Finity, nor its Affiliates, nor their respective directors, employees, affiliates or agents guarantee that the Services or the Platform are free from interruptions or errors; nor do they make any implied or explicit warranty as to the results that can be obtained from the use of them or as to the accuracy, reliability, suitability or content of the information that appears on the Platform.
To the extent permitted by applicable law, in no case shall Finity, its Affiliates, their respective shareholders, directors, employees, affiliates or agents be liable to the User or any third party for damages or losses, direct, indirect or incidental, arising from: the use of and access to the Services and the Platform; inability to access or use the Services or the Platform; suitability for any particular purpose; delays in operation or transmission; loss of data; failure or malfunction; any other type of damage or loss that may result of omissions, interruptions, deletion of files, defects, viruses, any performance failure, communication failures, theft, destruction or unauthorized access to Finity's records, programs or services; including but not limited to damage to human integrity, property, loss of use, commercial loss, economic loss, loss of data or loss of profits, contractual or extra contractual liability, negligence, or misuse of the Platform or its contents.
The limitations and exclusions of liability contained in these Terms and Conditions will apply even in the event that it is determined that any particular functionality of the Platform does not fulfill its essential purpose.
The User can cancel or suspend their participation and access to the Services or the Platform, at any time and without any responsibility, by sending an email to Finity from the email connected to their account
However, these Terms, as they may be modified from time to time, will continue to apply to all past uses of the Services used by the User, even if the User is not using it.
The User acknowledges and accepts that Finity and its Affiliates may cancel or block the use of all or part of the Platform, without prior notice, for any reason and without any liability.
In cases where integrations are maintained to transactional systems via API, REST, Web Services or others (with or without the use of VPNs), Finity guarantees the perimeter security of its cloud infrastructure, custody of the intellectual property of source codes and sensitive user data, following the best security practices in the industry.
Notwithstanding the foregoing, it will be the responsibility of each customer to carry out security and integrity validations in transactions and to monitor possible fraudulent uses of their exposed services. Finity will not be responsible for the misuse of the services exposed at the integration points provided by customers or for damages caused by vulnerabilities in systems that are beyond their control. The User of the platform accepts and recognizes that any vulnerability that occurs due to actions or omissions on their part or their employees will be the sole responsibility of the User and undertakes to keep Finity harmless.
Violation of these Terms and Conditions may result in the suspension or definitive cancellation of your account and in appropriate civil or criminal liability. Likewise, unauthorized use of the Service and/or the Platform is prohibited.
Any violation of these Terms and Conditions, or any complaint or information that Finity receives regarding the abuse or inappropriate use of these Terms and Conditions, the Service or the Platform, may be investigated by Finity or by third parties, and any necessary measures will be taken to initiate all legal and extra legal actions against Users, among other purposes, to obtain the cessation of conduct; as well as any precautionary measures and compensation that may be necessary under applicable law.
Access to and use of this application implies that you have agreed to compensate and release Finity, its shareholders, directors, affiliated companies, employees, contractors, collaborators, suppliers and representatives in general, from any claim, complaint, damage, harm, claim, expense, administrative or judicial investigation, legal action or liability, including all related and documented costs and reasonable attorneys' fees, derived from, based on or relating to: (i) the violation of these Terms and Conditions by a party of the User, (ii) or the misuse by the User, or in contravention of applicable legislation or good practices, of the Platform, the Services, Finity's intellectual property, information from Finity or its customers and suppliers; (vi) issues of money laundering, terrorist financing, operation with resources of illegal or presumably illegal origin, any action of a similar nature, with respect to the resources that the User disperses through the Services and the Platform.
Finity reserves the right to assume the exclusive defense and control of any matter subject to compensation by the User, in which case the User will assist and cooperate with Finity in its defense, in addition to assuming the corresponding costs.
Money Laundering and Terrorist Financing Control
The User acknowledges and accepts that he is solely responsible to Finity, to third parties and to any authority, for the provision of funds and for the origin and legality of such resources that the User disperses through the Services and/or the Platform.
In this regard, the User recognizes, accepts and guarantees to Finity that neither he nor his shareholders, partners and/or representatives, if any:
In the event of the occurrence of any of the situations described above, the User will be obliged to immediately inform Finity of such a situation and the User will be solely and exclusively responsible for any legal consequences arising from such circumstances; accepting from now on that Finity may completely restrict their activity and/or access to the Platform and/or the Services.
Therefore and for all legal purposes, the User acknowledges that Finity acts as a representative, being a good-faith third party.
Consequently, Finity, in its capacity as agent for the dispersion of payments, is not responsible for aspects related to any breach by the User of the restrictions established in this clause.
Finity reserves the right to modify or update these Terms at any time, simply by updating this publication, unilaterally and without prior notice.
It is the User's responsibility to review the Terms periodically. The use of the Services after the publication of the changes made to the Terms constitutes tacit acceptance of those changes and of all the new Terms.
Finity reserves the right to modify, suspend or interrupt, at any time and at its sole discretion, temporarily or permanently and without any responsibility at its expense, both the Services and the Platform, or any functionality of the Platform, with or without prior notice, without any liability to the User or to third parties for this purpose.
The user expressly waives any type of claim or responsibility that may be attributed to Finity as a result of the termination, modification, suspension or interruption, permanent or temporary, of both these Terms and the Services and the Platform.
PAYMENT AND COLLECTION SOLUTIONS S.A.S., FINITY.
Domicile. Carrera 25 # 03 45 Medellin, Colombia
Email: info@finity.com.co
If you have any questions or concerns about the Terms and Conditions, please do not hesitate to contact us at the email address provided by Finity for this purpose.